Terms of Use
Please read these Terms of Use carefully before accessing or using this website
Please read these Terms of Use carefully before accessing or using this website. If you do not agree to all of the terms and conditions contained in these Terms of Use, do not access or use this Service.
Welcome to our website! This page explains the terms by which you may use our online and/or mobile services, website (including any subdomains), and software and digital assets provided on or in connection with the Site (the "Terms of Use" or "Terms").
PLEASE NOTE: SECTION 22 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.
1. ACCEPTANCE OF TERMS
By using the Site, creating an account and checking the "I agree" (or similar) box, or otherwise accessing or using the Site, you (1) agree that you have read, understood, and agree to be bound by these Terms of Use, and (2) agree that you have read and acknowledged the collection and use of your information as set forth in our Privacy Policy (the "Privacy Policy"), whether or not you are a registered user of the Site. These Terms apply to all visitors, users, sellers, buyers and others who access the Site ("User(s)," or "you" or "your"), and are a legally binding contract between you and Our website.
Our website may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the Site to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.
2. OUR SERVICES
Our website provides a creative community and marketplace where independent creators/artists ("Sellers") can upload their own 3D models, images, textures, sound effects and other digital works ("Digital Assets") to an online store. These Digital Assets are then available for purchase by buyers ("Buyers") in accordance with our 3D Content Licensing Agreement, which we may update from time to time. Our Site also allows Users to socialize around the content on the Site (e.g. make comments and participate in discussion forums) (collectively, "Services" or "Our Services"). References to "buying" or "purchasing" Digital Assets means buying or purchasing limited licenses to those Digital Assets.
The Digital Assets uploaded to Our website’s marketplace are generated by independent Sellers who are not employees, agents, or representatives of Our website. Sellers are responsible for ensuring they have all necessary rights to their content and that they are not infringing or violating any third party’s rights by posting it.
Our website is not in a position to offer legal advice or make legal determinations as to whether a store’s content infringes someone else’s intellectual property. Our website will remove material cited for alleged intellectual property infringement when provided with a proper notice. For claims related to alleged copyright infringement, please see our DMCA Notice. For any other alleged intellectual property rights violations, please see our Notice of Claimed Infringement.
Our website reserves the right to disable any listing, store, or account that we believe violates our Terms of Use. Our website also reserves the right to refuse to post any of Your Content (defined below) for any reason or no reason in our sole discretion.
3. YOUR USE OF OUR SERVICES
You agree not to engage in any of the following prohibited activities:
4. YOUR ACCOUNT
In order to access certain features and functions of the Site -- that we may establish, maintain, and modify, from time to time and in our sole discretion -- you will need to create an account. You are responsible for tracking all activity on your own account, and you agree to:
Provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data").
Maintain and promptly update the Registration Data, and any other information you provide to Our website, to keep it accurate, current and complete.
Maintain the security of your password and identification.
Notify Our website immediately of any unauthorized use of your account or other breach of security.
Accept all responsibility for any and all activities that occur under your account, including but not limited to, all applicable taxes and any applicable third-party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees).
Accept all risks of unauthorized access to the Registration Data and any other information you provide to Our website.
Never transfer or "sell" your account to another person.
These Terms and/or your use of the Site do not create any agency, partnership, joint venture, employment, or franchise relationship between you and Our website.
5. YOUR CONTENT
Content that you upload, post or otherwise submit and make available using our Services is your content ("Your Content"). You retain any copyright that you have in Your Content.
5.1 Responsibility for Your Content. Besides testing for technical compatibility with Our website, we do not perform any other testing or quality control with respect to Your Content. Our website is not is a position to offer legal advice or make legal determinations as to whether Your Content infringes someone else’s intellectual property. You understand that you are solely responsible for Your Content, and you represent that you have all necessary rights to Your Content and that you are not infringing or violating any third party’s rights by posting it. Violating the intellectual property rights of brands or other rights owners may result in the loss of selling privileges or other legal consequences. IMPORTANT: This section does not constitute legal advice. You should consult a lawyer if you have a specific question about the rights of others. You further represent that you have all necessary rights to grant the licenses set forth in the 3D Content Licensing Agreement, and that Our website will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content.
5.2 Unlawful Content. You agree not to post Content which is illegal, harassing or defamatory. Examples include, but are not limited to, posting Content which depicts, or could reasonably be construed as depicting, minor individuals posed, with or without clothing, in obscene, morally questionable and/or pornographic configurations or situations.
5.3 Content security. We only temporarily store the content you upload. Generally, the server will automatically delete it within 72 hours. We will not copy or distribute your uploaded files.
5.4 Right to Delete Your Content. Our website is not obligated to list or post Your Content and reserves the right to delete Your Content from the Site: (i) at any time in the event you violate these Terms of Use, or (ii) in the event Our website believes it should remove Your Content for compliance with laws, the protection of customers, or any other business reason(s).
5.5 Feedback. We appreciate any feedback or other suggestions about our Site or Services that you may submit to us, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them, and that we may disclose the idea(s) on a non-confidential basis or otherwise to anyone. Our website does not waive any rights to use similar or related ideas previously known to Our website, or developed by its employees, or obtained from sources other than you.
6. OUR CONTENT
Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, editorial content and the selection and arrangement thereof ("Our Content"), is owned by Our website, its licensors, or its third-party image partners. All elements of the Site, including Our Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Our website grants you the right to view and use the Site subject to these Terms. You may download or print a copy of information provided in the Site for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Site in whole or in part for any other purpose is expressly prohibited without our prior written consent.
7. TRADEMARKS
"Our website", the Our website logo, and any other product or service name or slogan contained in the Site are trademarks of Our website, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Our website. You may not use metatags or any other "hidden text" utilizing "Our website" or any other name, trademark or product or service name of Our website without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Our website and may not be copied, imitated or used, in whole or in part, without our prior written permission.
All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
8. NOTICE FOR CLAIMS OF COPYRIGHT INFRINGEMENT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
8.1 Notice. We take claims of alleged infringement seriously, and will respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. Please see our DMCA Notice. We also work to ensure that content on our Site does not infringe upon the trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please submit a Notice of Claimed Infringement.
8.2 IP Enforcement. It is Our website’s policy, in appropriate circumstances, to terminate the accounts of Users who are repeat infringers or who are repeatedly charged with infringement. Even if you are infringing IP without knowledge, we will still take action and your account might receive a warning or be suspended or terminated. You should consult an attorney for help to ensure that you have the right procedures in place to prevent IP infringement.
9. PRODUCT PURCHASES
9.1 License Agreement. Your purchase and/or use of any Digital Assets is subject to the 3D Content Licensing Agreement. It is important that you carefully review the rights and restrictions of the license before you purchase a license. You agree to indemnify and hold us harmless in the event you use a Digital Asset in a manner which violates and/or exceeds the scope of the limited license. In the event of a conflict between the license and these Terms, the license will apply to the extent of that conflict.
9.2 Payment Information and Taxes. All payments are to be made in US dollars, and prices are subject to change at any time. All information you provide in connection with a purchase or other monetary transaction interaction with the Site or Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or other monetary transaction interaction with the Site or Service at the prices in effect when such charges are incurred. You agree to pay any applicable taxes, if any, relating to any such purchases or other monetary transaction interactions.
9.3 Shipping policy. After receiving the payment, we will send the purchased service in real-time.
9.4 Resolution Process for Transactions. Besides testing for compatibility with Our website, we do not not perform any other testing or quality control with respect to the Digital Assets listed on our Site. We hope you love our Sellers’ products but, in the event you are not satisfied, we encourage you first to contact the Seller to resolve the issue, by sending the Seller a private message through our Site. You may also Contact Us. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used. Should you file a chargeback or dispute on a purchase you have made on Our website, we reserve the right to close your account without notice (in compliance with applicable laws and rules).
9.5 Return & Refund policy. If you (or we) are not able to resolve your issue with the Seller, you may request a refund in accordance with the following terms:
9.6 Content Withdrawal. Our website may discontinue licensing a Digital Asset at any time in its sole discretion. Upon receipt of notice that a Digital Asset may be subject to a claim of infringement of a third-party’s right, Our website may also remove a Digital Asset from the "My Downloads" section of your account, in which case the Digital Asset will no longer be available for you to download.
10. COMPENSATION TO SELLERS
10.1 Payment Amount. Our website will pay you in accordance with our Royalty Policy, which we may update from time to time.
10.2 Payment Schedule and Methods. Unless otherwise agreed to by the parties in writing, Our website will send royalty payments according to published timeframes, and in the method you select during the payment setup process. Available payment methods are subject to change. All dollar references herein are to US Dollars. Royalty payments will only be made if the total amount due to you is at least $20. Unpaid amounts due shall accrue until the next month in which the amount due is at least $20. If your selected method of payment is by bank transfer, Our website reserves the right to delay payment until the amount due to you is at least $30. Our website reserves the right to withhold payment due to any breach of these Terms by you, pending Our website’s investigation of such breach in its sole discretion.
10.3 Digital Asset Pricing. Sellers are responsible for setting the price of their Digital Assets.
10.4 Product Discounts. Our website may provide you with the option to create coupon codes or offer other promotional discounts for your Digital Assets. In the event a Buyer uses a coupon code or other promotional discount when purchasing a Digital Asset, your royalty payment will be based on the adjusted sales price.
10.5 Contact/Payment Information. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. Any third-party fees related to returned or canceled payments due to a contact or payment information error or omission may be deducted from the newly-issued payment.
10.6 Refunds. If a Buyer is issued a refund (in accordance with Section 9.4), Our website will make no royalty payment to you for that Digital Asset. In the event a Buyer is issued a refund, but Our website has already issued a royalty payment to you, the dollar amount of the royalty payment previously made to you will be applied against your account and deducted from future royalty payments.
10.7 Tax Information. If we believe that we are obligated to obtain tax information, and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information.
10.8 Payment Disputes. If you dispute any payment, you must notify Our website in writing within thirty (30) days of such payment. Failure to so notify Our website shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by Our website. No other measurements or statistics of any kind shall be accepted by Our website or have any effect under these Terms.
10.9 Seller Actions Resulting in Reputational Harm. No payment will be owed in the event that Our website determines, in its sole discretion, that you have engaged, directly or indirectly, in fraud or any other practices that are likely to harm the reputation of Our website.
11. PRIVACY
Click here to view our Privacy Policy. You understand that by using the Site and/or Services you consent to the collection, use and disclosure of your personal information as set forth in our Privacy Policy, and to have your personal information collected, used, transferred to and processed in the United States.
12. MINORS
In order to use the Site, you must be at least 18 years of age, or if you have parental consent, at least 13 years of age ("Minimum Age"). The Site is not intended for users under the Minimum Age. You hereby represent that (a) you are at least the minimum age, (b) you have the consent of your parent(s) to use our Services if you are under 18 years of age, (c) you have all the applicable rights and authority to grant Our website the rights granted herein; and (d) you have read, understood and agree to be bound by these Terms of Use. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions in these Terms of Use, you may not use the Services.
13. FILTERING
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on websites such as OnGuardOnline.gov. Please note that we do not endorse any of the products or services listed at such site.
14. THIRD-PARTY LINKS
The Site may contain links to third-party websites or other events or activities that are not owned or controlled by Our website. Our website does not endorse or assume any responsibility for any such third-party sites, information, materials, products or services. If you access a third-party website from the Site, you do so at your own risk, and you understand that these Terms of Use and our Privacy Policy do not apply to your use of such sites. You expressly release Our website from any and all liability arising from your use of any third-party website, service or content.
15. INTERNATIONAL USE
The Site is controlled and operated from the United States of America. If you access the Site from a location outside the United States of America, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. Our website makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site and/or utilize the Services from other locations do so on their own initiative and are responsible for compliance with local laws. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
16. ELECTRONIC COMMUNICATIONS
When you use the Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site or through our Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17. USER CONDUCT
Users are expected to conduct themselves in a manner that is constructive and respectful of others at all times. Users will not use the Our website community for any activity that affects the normal operations of the community. Users will not use the Our website community for personal attacks. This includes but is not limited to destructive, abusive, defamatory communications in any form, and retaliation against personal attacks. Users will not use the Our website community for destructive commentary or communications made with the intent to disrupt or attack another. This applies to any communications within this community, whether it be in the forums, galleries, sitemail, or any other method on the Our website platform. Harassment will not be tolerated. If anyone feels that they are being harassed by another Our website user, please use the "Report Message" button to notify Our website staff. Harassing messages will be deleted and the sender may be warned or banned from the website as Our website staff sees fit. This applies to any communications within the Our website community, which includes but is not limited to the forums, galleries, sitemail, or any other method on the Our website platform.
18. TERMINATION
18.1 Termination by You. You may terminate your account with Our website at any time by Contacting Us. Terminating your account will not affect the availability of some of Your Content that you posted to the Site prior to termination.
18.2 Termination by Our website. We may terminate or suspend your account and your access to the Site at any time, for any reason, and without advance notice. If we do so, you do not have a contractual or legal right to continue to use our Services, for example, to sell or buy on our Site. Our website may refuse service to anyone, at any time, for any reason. If Our website (or you) terminate your account, you may lose any information associated with your account, including Your Content.
18.3 We May Discontinue the Services. Our website reserves the right to change, suspend or discontinue any of the Services at any time, without advance notice, for any reason. We will not be liable to you for the effect that any change to the Services may have on you, including your income or your ability to generate revenue though the Services.
18.4 Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
19. LIMITATION OF LIABILITY
19.1 Items You Purchase. You understand that Our website does not create or inspect any of the Digital Assets sold through our Site. We provide the venue; the products in our marketplace are created and listed directly by independent Sellers, so Our website cannot and does not make any warranties about their quality, safety or legality. Any legal claim related to a Digital Asset you purchase must be brought directly against the Seller of the item. You release Our website from any claims related to products sold through our Site, including for defective items and misrepresentations by Sellers.
19.2 Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Our website is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
19.3 People You Interact With. You can use the Site and/or Services to interact with other individuals online. However, you understand that we do not screen users of our Site and/or Services, and you release us from all liability relating to your interactions with other users.
19.4 Third-Party Services. Our Site may contain links to third-party websites or services that we don’t own or control. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Our website is not a party to those agreements; they are solely between you and the third party.
20. DISCLAIMER OF WARRANTIES
Our website DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE IS DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE.
Our website CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Our website DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Our website DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR SERVICE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED SITES.
LIMITATION ON LIABILITY. IN NO EVENT WILL Our website, ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AFFILIATES AND SERVICE PROVIDERS BE LIABLE FOR (A) DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES OR THESE TERMS, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF ECONOMIC ADVANTAGE, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, OR (B) ANY DAMAGES WHICH EXCEED THE FEE THAT YOU HAVE PAID FOR THE DIGITAL ASSET. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, BUT SHOULD BE CONSTRUED TO THE GREATEST EXTENT APPLICABLE IN SUCH JURISDICTIONS.
21. INDEMNIFICATION
You agree to defend and indemnify Our website (and its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates) and hold us harmless from any legal claim or demand (including attorneys’ fees) that arises out of or in connection with your actions, your use (or misuse) of our Site or Services, your breach of the Terms, or your account’s infringement of someone else’s rights, including without any limitation any right of privacy or intellectual property rights.
If we request that you defend a legal claim or demand, you will not agree to any settlement without our prior written consent. In addition, Our website reserves the right to participate, at our own expense, in the defense of any legal claim or demand with counsel of our own choosing. Our website also reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
22. GOVERNING LAW
You agree that the laws of the State of China, without regard to principles of conflicts of law, will govern these Terms of Use and any dispute of any kind that might arise between you and Our website.
23. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER
You and Our website agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
If you and Our website are unable to resolve a dispute through informal negotiations, you agree that any dispute concerning, relating or referring to these Terms of Use, Privacy Policy, the Site and/or the Service shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16, according to the then existing Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) New York law and will take place in Queens County, New York.
The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this agreement, including but not limited to any claim that all or any part of this agreement is void or voidable. Any arbitration under the Terms will take place on an individual basis—class arbitration and class actions are not permitted. Please understand that by agreeing to these terms and conditions, you (and we) are waiving our right to a trial by jury.
Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief before the state or federal courts located in or having jurisdiction over Queens County, New York, pending a final decision by the arbitrator. A request for interim measures shall not be deemed a waiver of the right to arbitrate. If for any reason a dispute proceeds in court rather than arbitration, you consent to the exclusive jurisdiction and venue in the courts located in or having jurisdiction over Queens County, New York and hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to said jurisdiction and venue.
24. ENTIRE AGREEMENT
Except as otherwise stated herein, these Terms (including, without limitation the policies and licenses cited herein) constitute the entire and exclusive understanding and agreement between Our website and you regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Our website and you regarding the Service.
25. CONTACT US
If you have questions or comments about these Terms of Use, please Contact Us.
Email: hello@3dEncoder.com
Welcome to our website! This page explains the terms by which you may use our online and/or mobile services, website (including any subdomains), and software and digital assets provided on or in connection with the Site (the "Terms of Use" or "Terms").
PLEASE NOTE: SECTION 22 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.
- Acceptance of Terms
- Our Services
- Your Use of Our Services
- Your Account
- Your Content
- Our Content
- Trademarks
- Notice For Claims of Copyright Infringement
- Product Purchases
- Compensation to Sellers
- Privacy
- Minors
- Filtering
- Third-Party Links
- International Use
- Electronic Communications
- User Conduct
- Termination
- Limitation of Liability
- Disclaimer of Warranties
- Indemnification
- Governing Law
- Dispute Resolution; Binding Arbitration
- Entire Agreement
- Contact Us
1. ACCEPTANCE OF TERMS
By using the Site, creating an account and checking the "I agree" (or similar) box, or otherwise accessing or using the Site, you (1) agree that you have read, understood, and agree to be bound by these Terms of Use, and (2) agree that you have read and acknowledged the collection and use of your information as set forth in our Privacy Policy (the "Privacy Policy"), whether or not you are a registered user of the Site. These Terms apply to all visitors, users, sellers, buyers and others who access the Site ("User(s)," or "you" or "your"), and are a legally binding contract between you and Our website.
Our website may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the Site to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.
2. OUR SERVICES
Our website provides a creative community and marketplace where independent creators/artists ("Sellers") can upload their own 3D models, images, textures, sound effects and other digital works ("Digital Assets") to an online store. These Digital Assets are then available for purchase by buyers ("Buyers") in accordance with our 3D Content Licensing Agreement, which we may update from time to time. Our Site also allows Users to socialize around the content on the Site (e.g. make comments and participate in discussion forums) (collectively, "Services" or "Our Services"). References to "buying" or "purchasing" Digital Assets means buying or purchasing limited licenses to those Digital Assets.
The Digital Assets uploaded to Our website’s marketplace are generated by independent Sellers who are not employees, agents, or representatives of Our website. Sellers are responsible for ensuring they have all necessary rights to their content and that they are not infringing or violating any third party’s rights by posting it.
Our website is not in a position to offer legal advice or make legal determinations as to whether a store’s content infringes someone else’s intellectual property. Our website will remove material cited for alleged intellectual property infringement when provided with a proper notice. For claims related to alleged copyright infringement, please see our DMCA Notice. For any other alleged intellectual property rights violations, please see our Notice of Claimed Infringement.
Our website reserves the right to disable any listing, store, or account that we believe violates our Terms of Use. Our website also reserves the right to refuse to post any of Your Content (defined below) for any reason or no reason in our sole discretion.
3. YOUR USE OF OUR SERVICES
You agree not to engage in any of the following prohibited activities:
- Copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated "scraping."
- Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Site in a manner that sends more request messages to the Our website servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Our website grants the operators of public search engines revocable permission to use spiders to copy materials from Our website.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
- Transmitting spam, chain letters, or other unsolicited promotional email.
- Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site.
- Taking any action that imposes - or may impose, as we determine at our sole discretion - an unreasonable or disproportionately large load on our infrastructure.
- Uploading invalid data, viruses, worms, or other software agents through the Site, including through any of Your Content (defined below).
- Collecting or harvesting any personally identifiable information, including account names and emails, from the Site.
- Using the Site for any commercial solicitation purposes, except as explicitly provided for by these Terms.
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, engaging in fraud, hiding or attempting to hide your identity.
- Interfering with the proper working of the Site.
- Accessing any content on the Site through any technology or means other than those provided or authorized by the Site.
- Bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content.
4. YOUR ACCOUNT
In order to access certain features and functions of the Site -- that we may establish, maintain, and modify, from time to time and in our sole discretion -- you will need to create an account. You are responsible for tracking all activity on your own account, and you agree to:
Provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data").
Maintain and promptly update the Registration Data, and any other information you provide to Our website, to keep it accurate, current and complete.
Maintain the security of your password and identification.
Notify Our website immediately of any unauthorized use of your account or other breach of security.
Accept all responsibility for any and all activities that occur under your account, including but not limited to, all applicable taxes and any applicable third-party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees).
Accept all risks of unauthorized access to the Registration Data and any other information you provide to Our website.
Never transfer or "sell" your account to another person.
These Terms and/or your use of the Site do not create any agency, partnership, joint venture, employment, or franchise relationship between you and Our website.
5. YOUR CONTENT
Content that you upload, post or otherwise submit and make available using our Services is your content ("Your Content"). You retain any copyright that you have in Your Content.
5.1 Responsibility for Your Content. Besides testing for technical compatibility with Our website, we do not perform any other testing or quality control with respect to Your Content. Our website is not is a position to offer legal advice or make legal determinations as to whether Your Content infringes someone else’s intellectual property. You understand that you are solely responsible for Your Content, and you represent that you have all necessary rights to Your Content and that you are not infringing or violating any third party’s rights by posting it. Violating the intellectual property rights of brands or other rights owners may result in the loss of selling privileges or other legal consequences. IMPORTANT: This section does not constitute legal advice. You should consult a lawyer if you have a specific question about the rights of others. You further represent that you have all necessary rights to grant the licenses set forth in the 3D Content Licensing Agreement, and that Our website will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content.
5.2 Unlawful Content. You agree not to post Content which is illegal, harassing or defamatory. Examples include, but are not limited to, posting Content which depicts, or could reasonably be construed as depicting, minor individuals posed, with or without clothing, in obscene, morally questionable and/or pornographic configurations or situations.
5.3 Content security. We only temporarily store the content you upload. Generally, the server will automatically delete it within 72 hours. We will not copy or distribute your uploaded files.
5.4 Right to Delete Your Content. Our website is not obligated to list or post Your Content and reserves the right to delete Your Content from the Site: (i) at any time in the event you violate these Terms of Use, or (ii) in the event Our website believes it should remove Your Content for compliance with laws, the protection of customers, or any other business reason(s).
5.5 Feedback. We appreciate any feedback or other suggestions about our Site or Services that you may submit to us, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them, and that we may disclose the idea(s) on a non-confidential basis or otherwise to anyone. Our website does not waive any rights to use similar or related ideas previously known to Our website, or developed by its employees, or obtained from sources other than you.
6. OUR CONTENT
Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, editorial content and the selection and arrangement thereof ("Our Content"), is owned by Our website, its licensors, or its third-party image partners. All elements of the Site, including Our Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Our website grants you the right to view and use the Site subject to these Terms. You may download or print a copy of information provided in the Site for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Site in whole or in part for any other purpose is expressly prohibited without our prior written consent.
7. TRADEMARKS
"Our website", the Our website logo, and any other product or service name or slogan contained in the Site are trademarks of Our website, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Our website. You may not use metatags or any other "hidden text" utilizing "Our website" or any other name, trademark or product or service name of Our website without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Our website and may not be copied, imitated or used, in whole or in part, without our prior written permission.
All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
8. NOTICE FOR CLAIMS OF COPYRIGHT INFRINGEMENT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
8.1 Notice. We take claims of alleged infringement seriously, and will respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. Please see our DMCA Notice. We also work to ensure that content on our Site does not infringe upon the trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please submit a Notice of Claimed Infringement.
8.2 IP Enforcement. It is Our website’s policy, in appropriate circumstances, to terminate the accounts of Users who are repeat infringers or who are repeatedly charged with infringement. Even if you are infringing IP without knowledge, we will still take action and your account might receive a warning or be suspended or terminated. You should consult an attorney for help to ensure that you have the right procedures in place to prevent IP infringement.
9. PRODUCT PURCHASES
9.1 License Agreement. Your purchase and/or use of any Digital Assets is subject to the 3D Content Licensing Agreement. It is important that you carefully review the rights and restrictions of the license before you purchase a license. You agree to indemnify and hold us harmless in the event you use a Digital Asset in a manner which violates and/or exceeds the scope of the limited license. In the event of a conflict between the license and these Terms, the license will apply to the extent of that conflict.
9.2 Payment Information and Taxes. All payments are to be made in US dollars, and prices are subject to change at any time. All information you provide in connection with a purchase or other monetary transaction interaction with the Site or Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or other monetary transaction interaction with the Site or Service at the prices in effect when such charges are incurred. You agree to pay any applicable taxes, if any, relating to any such purchases or other monetary transaction interactions.
9.3 Shipping policy. After receiving the payment, we will send the purchased service in real-time.
9.4 Resolution Process for Transactions. Besides testing for compatibility with Our website, we do not not perform any other testing or quality control with respect to the Digital Assets listed on our Site. We hope you love our Sellers’ products but, in the event you are not satisfied, we encourage you first to contact the Seller to resolve the issue, by sending the Seller a private message through our Site. You may also Contact Us. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used. Should you file a chargeback or dispute on a purchase you have made on Our website, we reserve the right to close your account without notice (in compliance with applicable laws and rules).
9.5 Return & Refund policy. If you (or we) are not able to resolve your issue with the Seller, you may request a refund in accordance with the following terms:
- Timeframe. You must request a refund within 3 days from the date of purchase.
- Effect of refund on license. Once a refund is requested, you understand and agree that you must immediately retrieve and delete all relevant product files from any and all places you have distributed the files to and all computers you have downloaded them to. You also understand and agree that once a refund is requested, you are not permitted to exploit the Digital Asset in question, and immediately upon receipt of a refund, all licenses to such product file(s) and underlying content are revoked, and you are not authorized to use the product in any form or for any purpose whatsoever.
- How to request a refund. You may request a refund by Contacting Us.
- Consequences. Our website reserves the right to impose consequences upon Buyers who submit refund requests which Our website determines, it its sole discretion, are unreasonable and/or excessive. Such consequences may include, but are not limited to, limiting the number of downloads available to a Buyer or closing the Buyer’s account.
9.6 Content Withdrawal. Our website may discontinue licensing a Digital Asset at any time in its sole discretion. Upon receipt of notice that a Digital Asset may be subject to a claim of infringement of a third-party’s right, Our website may also remove a Digital Asset from the "My Downloads" section of your account, in which case the Digital Asset will no longer be available for you to download.
10. COMPENSATION TO SELLERS
10.1 Payment Amount. Our website will pay you in accordance with our Royalty Policy, which we may update from time to time.
10.2 Payment Schedule and Methods. Unless otherwise agreed to by the parties in writing, Our website will send royalty payments according to published timeframes, and in the method you select during the payment setup process. Available payment methods are subject to change. All dollar references herein are to US Dollars. Royalty payments will only be made if the total amount due to you is at least $20. Unpaid amounts due shall accrue until the next month in which the amount due is at least $20. If your selected method of payment is by bank transfer, Our website reserves the right to delay payment until the amount due to you is at least $30. Our website reserves the right to withhold payment due to any breach of these Terms by you, pending Our website’s investigation of such breach in its sole discretion.
10.3 Digital Asset Pricing. Sellers are responsible for setting the price of their Digital Assets.
10.4 Product Discounts. Our website may provide you with the option to create coupon codes or offer other promotional discounts for your Digital Assets. In the event a Buyer uses a coupon code or other promotional discount when purchasing a Digital Asset, your royalty payment will be based on the adjusted sales price.
10.5 Contact/Payment Information. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. Any third-party fees related to returned or canceled payments due to a contact or payment information error or omission may be deducted from the newly-issued payment.
10.6 Refunds. If a Buyer is issued a refund (in accordance with Section 9.4), Our website will make no royalty payment to you for that Digital Asset. In the event a Buyer is issued a refund, but Our website has already issued a royalty payment to you, the dollar amount of the royalty payment previously made to you will be applied against your account and deducted from future royalty payments.
10.7 Tax Information. If we believe that we are obligated to obtain tax information, and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information.
10.8 Payment Disputes. If you dispute any payment, you must notify Our website in writing within thirty (30) days of such payment. Failure to so notify Our website shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by Our website. No other measurements or statistics of any kind shall be accepted by Our website or have any effect under these Terms.
10.9 Seller Actions Resulting in Reputational Harm. No payment will be owed in the event that Our website determines, in its sole discretion, that you have engaged, directly or indirectly, in fraud or any other practices that are likely to harm the reputation of Our website.
11. PRIVACY
Click here to view our Privacy Policy. You understand that by using the Site and/or Services you consent to the collection, use and disclosure of your personal information as set forth in our Privacy Policy, and to have your personal information collected, used, transferred to and processed in the United States.
12. MINORS
In order to use the Site, you must be at least 18 years of age, or if you have parental consent, at least 13 years of age ("Minimum Age"). The Site is not intended for users under the Minimum Age. You hereby represent that (a) you are at least the minimum age, (b) you have the consent of your parent(s) to use our Services if you are under 18 years of age, (c) you have all the applicable rights and authority to grant Our website the rights granted herein; and (d) you have read, understood and agree to be bound by these Terms of Use. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions in these Terms of Use, you may not use the Services.
13. FILTERING
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on websites such as OnGuardOnline.gov. Please note that we do not endorse any of the products or services listed at such site.
14. THIRD-PARTY LINKS
The Site may contain links to third-party websites or other events or activities that are not owned or controlled by Our website. Our website does not endorse or assume any responsibility for any such third-party sites, information, materials, products or services. If you access a third-party website from the Site, you do so at your own risk, and you understand that these Terms of Use and our Privacy Policy do not apply to your use of such sites. You expressly release Our website from any and all liability arising from your use of any third-party website, service or content.
15. INTERNATIONAL USE
The Site is controlled and operated from the United States of America. If you access the Site from a location outside the United States of America, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. Our website makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site and/or utilize the Services from other locations do so on their own initiative and are responsible for compliance with local laws. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
16. ELECTRONIC COMMUNICATIONS
When you use the Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site or through our Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17. USER CONDUCT
Users are expected to conduct themselves in a manner that is constructive and respectful of others at all times. Users will not use the Our website community for any activity that affects the normal operations of the community. Users will not use the Our website community for personal attacks. This includes but is not limited to destructive, abusive, defamatory communications in any form, and retaliation against personal attacks. Users will not use the Our website community for destructive commentary or communications made with the intent to disrupt or attack another. This applies to any communications within this community, whether it be in the forums, galleries, sitemail, or any other method on the Our website platform. Harassment will not be tolerated. If anyone feels that they are being harassed by another Our website user, please use the "Report Message" button to notify Our website staff. Harassing messages will be deleted and the sender may be warned or banned from the website as Our website staff sees fit. This applies to any communications within the Our website community, which includes but is not limited to the forums, galleries, sitemail, or any other method on the Our website platform.
18. TERMINATION
18.1 Termination by You. You may terminate your account with Our website at any time by Contacting Us. Terminating your account will not affect the availability of some of Your Content that you posted to the Site prior to termination.
18.2 Termination by Our website. We may terminate or suspend your account and your access to the Site at any time, for any reason, and without advance notice. If we do so, you do not have a contractual or legal right to continue to use our Services, for example, to sell or buy on our Site. Our website may refuse service to anyone, at any time, for any reason. If Our website (or you) terminate your account, you may lose any information associated with your account, including Your Content.
18.3 We May Discontinue the Services. Our website reserves the right to change, suspend or discontinue any of the Services at any time, without advance notice, for any reason. We will not be liable to you for the effect that any change to the Services may have on you, including your income or your ability to generate revenue though the Services.
18.4 Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
19. LIMITATION OF LIABILITY
19.1 Items You Purchase. You understand that Our website does not create or inspect any of the Digital Assets sold through our Site. We provide the venue; the products in our marketplace are created and listed directly by independent Sellers, so Our website cannot and does not make any warranties about their quality, safety or legality. Any legal claim related to a Digital Asset you purchase must be brought directly against the Seller of the item. You release Our website from any claims related to products sold through our Site, including for defective items and misrepresentations by Sellers.
19.2 Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Our website is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
19.3 People You Interact With. You can use the Site and/or Services to interact with other individuals online. However, you understand that we do not screen users of our Site and/or Services, and you release us from all liability relating to your interactions with other users.
19.4 Third-Party Services. Our Site may contain links to third-party websites or services that we don’t own or control. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Our website is not a party to those agreements; they are solely between you and the third party.
20. DISCLAIMER OF WARRANTIES
Our website DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE IS DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE.
Our website CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Our website DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Our website DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR SERVICE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED SITES.
LIMITATION ON LIABILITY. IN NO EVENT WILL Our website, ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AFFILIATES AND SERVICE PROVIDERS BE LIABLE FOR (A) DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES OR THESE TERMS, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF ECONOMIC ADVANTAGE, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, OR (B) ANY DAMAGES WHICH EXCEED THE FEE THAT YOU HAVE PAID FOR THE DIGITAL ASSET. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, BUT SHOULD BE CONSTRUED TO THE GREATEST EXTENT APPLICABLE IN SUCH JURISDICTIONS.
21. INDEMNIFICATION
You agree to defend and indemnify Our website (and its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates) and hold us harmless from any legal claim or demand (including attorneys’ fees) that arises out of or in connection with your actions, your use (or misuse) of our Site or Services, your breach of the Terms, or your account’s infringement of someone else’s rights, including without any limitation any right of privacy or intellectual property rights.
If we request that you defend a legal claim or demand, you will not agree to any settlement without our prior written consent. In addition, Our website reserves the right to participate, at our own expense, in the defense of any legal claim or demand with counsel of our own choosing. Our website also reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
22. GOVERNING LAW
You agree that the laws of the State of China, without regard to principles of conflicts of law, will govern these Terms of Use and any dispute of any kind that might arise between you and Our website.
23. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER
You and Our website agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
If you and Our website are unable to resolve a dispute through informal negotiations, you agree that any dispute concerning, relating or referring to these Terms of Use, Privacy Policy, the Site and/or the Service shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16, according to the then existing Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) New York law and will take place in Queens County, New York.
The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this agreement, including but not limited to any claim that all or any part of this agreement is void or voidable. Any arbitration under the Terms will take place on an individual basis—class arbitration and class actions are not permitted. Please understand that by agreeing to these terms and conditions, you (and we) are waiving our right to a trial by jury.
Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief before the state or federal courts located in or having jurisdiction over Queens County, New York, pending a final decision by the arbitrator. A request for interim measures shall not be deemed a waiver of the right to arbitrate. If for any reason a dispute proceeds in court rather than arbitration, you consent to the exclusive jurisdiction and venue in the courts located in or having jurisdiction over Queens County, New York and hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to said jurisdiction and venue.
24. ENTIRE AGREEMENT
Except as otherwise stated herein, these Terms (including, without limitation the policies and licenses cited herein) constitute the entire and exclusive understanding and agreement between Our website and you regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Our website and you regarding the Service.
25. CONTACT US
If you have questions or comments about these Terms of Use, please Contact Us.
Email: hello@3dEncoder.com
