1. These terms govern your use of 3dtoall and form a binding agreement between us. By downloading or using any of the content on 3dtoall, you agree that you have read and accept these terms, either for yourself or on behalf of your employer or the entity that is identified as the member account holder. If you don’t have a 3dtoall Account, you can create one here.
2. You need to be 16 years or over to browse 3dtoall. We don’t knowingly collect any information from anyone aged 16 or under. When browsing 3dtoall you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of 3dtoall whether or not you’re a subscriber.
3. You need to be 18 years or over to make a purchase or to become a subscriber. If you’re under 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
4. The ‘3dtoall Service’ is a web-based platform and service that enables you to download software, models, find links to other sites, and related digital products aimed mainly for ‘computer artists in the 3d industry’ to ‘help you create multimedia content’.
5. You represent that you have all rights and licenses necessary to upload Your Content to the 3dtoall Service and for us to use it as described in this section. You are responsible for all issues relating to Your Content.
6. You can purchase a subscription for 3dtoall, which will give you the ability to download selected Products per month for the duration of your subscription. A subscription is limited to a single person.
7. You must not:
a. interfere with or disrupt the integrity or performance of the 3dtoall Service;
b. attempt to gain unauthorized access to the 3dtoall Service, the Applications or related systems and networks;
c. license, sublicense, sell, resell or otherwise commercially exploit or make the 3dtoall Service available to any third party;
d. use, or permit the use of, any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the 3dtoall Service;
e. use any data mining, robots or similar data gathering or extraction methods on or in relation to the 3dtoall Service;
f. access the 3dtoall Service or any of the Applications or related systems and networks for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the 3dtoall Service;
g. copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Applications or attempt to discover any source code or modify the Applications;
h. use 3dtoall as a trademark or trade name in connection with your use of the 3dtoall Service or mention 3dtoall in any of your Products, without our prior written consent.
8. All 3dtoall subscriptions will remain active until you cancelled. You can cancel your subscription at any time.
9. Cancellation requests must be submitted at least 1 business day prior to a billing cycle to avoid the fees for that billing cycle. To be clear, you will be charged for a billing cycle unless your cancellation request is received by us at least 1 day before that billing cycle is due to start. As set out in clause 23, we generally do not issue refunds for any unused portion of your 3dtoall subscription.
10. We may cancel your 3dtoall subscription at any time for any reason (acting reasonably of course), including if you:
a. breach any of these terms or any of our policies; or
b. act in a way that does not align with our values or that could cause us harm.
11. Once your 3dtoall subscription has been cancelled, you will no longer have access to your Customised Products. You should ensure that you’ve downloaded all Customised Products before cancellation.
Fees and Payment Terms
19. The subscription fees for the duration of your 3dtoall subscription will be the fees that applied when you started your subscription or, if you modify your subscription, the applicable fees at the time of modification.
12. All payments are made upfront and in advance of the relevant billing cycle you choose (eg, monthly or yearly).
13. Payments will be processed automatically via the payment method you have chosen. If we cannot process your payment for any reason caused by or attributable to you, and you do not rectify non-payment within any period notified by us, then we may suspend your access to our Service.
14. We may cancel your 3dtoall subscription and permanently disable access your access to our Service if any payment has been outstanding for more than 30 days.
15. We do not generally offer a refund on subscription fees unless we have made changes to these terms that materially affect you to your detriment, or as required under Australian consumer law or other relevant consumer protection laws. If you would like to request a refund, you should email us at firstname.lastname@example.org. We will assess refund requests on their merits. There is generally no obligation to provide a refund in situations like the following:
a. you have changed your mind about your 3dtoall subscription;
b. you did not cancel your 3dtoall subscription in time;
c. we have suspended your access to the 3dtoall Service where we have the right to do so.
16. If we decide to issue a refund or credit, this will generally be done using the same manner used to make the purchase.
Liability and indemnity
17. The 3dtoall Service is made available to you on an “AS IS” basis.We disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability and fitness for a particular purpose. Without limiting the foregoing, we do not represent or warrant that the Content Templates that you use to make Products comply with any rules and regulations promulgated by the manufacturer or owner of any device or product displayed in such Content Templates. You are solely responsible for the use of your Products and for ensuring that all Products comply with applicable laws and do not infringe the rights of third parties.
18. You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of the 3dtoall Service (including any claim against us relating to your Products, whether or not the claim is based on Your Content or on products displayed in the Content Templates provided by us).
27. Our liability to you in connection with the 3dtoall Service or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
a. we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data (including Your Content), or indirect, consequential or special loss, damage or expense; and
b. our total aggregate liability to you is otherwise limited to USD100.00.
28. Account information: You warrant that the information you give us is true, accurate and complete and that you will keep your login information up-to-date (including a working email address). Your login is not transferable. You are responsible for any use of the 3dtoall Service that occurs in conjunction with your login details. If you realise there’s any unauthorized use of your password or any breach of security, you need to let us know immediately. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons.
29. Taxes: Any fees for the 3dtoall Service will be exclusive of transactional taxes where relevant (like sales tax, VAT and GST). You will be responsible for paying all fees and taxes associated with your use of the 3dtoall Service wherever levied (including withholding tax, if applicable). We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
31. Security: We value your information and take reasonable precautions to protect it.
34. Service interruptions. You acknowledge and agree that there may be interruptions in your use of the the 3dtoall Service, including planned downtime and unavailability caused by Internet service provider failures or delays, or any failures, delays or downtime caused by third party supplier and applications.
35. Responsibility for Your Content. We are not responsible for any of Your Content which is delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across networks not owned and/or operated by us, including, but not limited to, the Internet, any third party applications used in connection with providing the 3dtoall Service, and your local network. You acknowledge and agree that you may permanently lose Your Content (as uploaded to the 3dtoall Service), including any changes made to Your Content by or for you during the use of the 3dtoall Service.
36. Acceptance on behalf of someone else. If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party. Remember that only real persons can subscribe to the 3dtoall Service.
37. Consumer laws. In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we are bound only by the express warranties made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).
38. Relationship between the parties. Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us.
39. Blocking a user, disabling an account or refusing to process a payment. We may block you, terminate your account or refuse to process a payment if we reasonably believe there is a risk associated with you, your account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the Australian government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You warrant that you are not located in a sanctioned country and are not on a sanctioned persons list. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an author.
40. US-specific controls. The 3dtoall Service is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department’s list of Specially Designated Nationals List (SDN list). You must not use a Product to provide services to any person located in a U.S. sanctioned country or to anyone on the SDN list.
41. Changes to these terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let you know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. If you continue to use the 3dtoall Service after the changes are made, then you will be agreeing to the changes regardless of the amount of time that has elapsed.
42. Notices: Any notice you send us must be submitted via email at email@example.com. Any notice we send to you will be emailed to the email address you provided to us.h
43. Applicable Laws: We control and operate the 3dtoall Service from our offices in Australia. The laws of Victoria, Australia govern these user terms, and you submit to the jurisdiction of the courts there.
Digital Millennium Copyright Act
44. Copyright or trademark If you think your content is being used without permission you can contact us at firstname.lastname@example.org.
a. Tell us about the content that you claim infringes your copyright, including a description and where we can find it – include the URL;
b. Tell us about your copyrighted content and let us know where we can see this published – include the URL;
c. Give us a detailed explanation about how you believe the content violates your copyright;
d. Include your full name and contact details, including your address, phone number and email address;
e. Include the date and your signature; and
f. Include the following two statements:
“I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
“I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
46. Address for notices. All notices should be addressed to email@example.com.