Welcome to the deep3dsea website. The following terms and conditions govern your access to and use of the website.
THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. PLEASE READ THEM CAREFULLY BEFORE USING THE SERVICES OF DEEP3DSEA.
TERMS OF USE REGARDING SELLING 3D MODELS AND 3D PRINTING MODELS
By uploading a Product on the Site and offering them for Sale or free download, the Seller accepts the terms herein. By purchasing or downloading Products on the Site, the Buyer accepts the terms herein.
MEMBER‘S RIGHTS, OBLIGATIONS AND REPRESENTATIONS Rights, Obligations and Representations of the Seller-
1. Seller's may only upload Content they own or otherwise have the right to use and upload. deep3dsea does not own any Content uploaded by Members.
2. By uploading a Product, the Seller shall be deemed to represent that such Product and use of this Product permitted by General Terms does not infringe the intellectual property of any other party and that the Seller had obtained all necessary model or property releases for use and licensing of the Product. All Members should consult their own legal advisors to determine whether a particular model or property release form and (or) any applicable contract is suitable or necessary for uploading particular Product or for a particular use of a Product, or whether such use is a fair use. Sellers should understand that licenses of Product without a release attached may be negatively impacted, if a release is deemed necessary by Buyers or their legal advisors.
3. Sellers may not upload Product or add Content that violates any international or domestic law, statute, ordinance, or regulation. Content cannot be defamatory, libelous, pornographic, obscene, offensive or evocative of racial hatred of any kind, and cannot contain any viruses, spam, malware or other programming routines that detrimentally interfere with computer systems or data.
4. Sellers should keep a backup of their own uploaded Products at all times. Sellers’ files uploaded to the Site cannot be used as a backup source.
5. For any Product/Content uploaded to the Site or otherwise submitted to deep3dsea, the Seller grants and represents that he has the authority to grant to deep3dsea a non-exclusive, worldwide, royalty-free, license in any medium now known or hereinafter invented to:
- reproduce, sell, and distribute net proceeds from any sale, in whole or in part on Seller’s behalf;
- to publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes;
- create and use samples of the Product for the purpose of advertising, demonstrating or promoting Seller products or services or those of deep3dsea;
- use the Products for the purposes of researching, creating, developing and testing new deep3dsea tools, technologies or methods related to 3D modeling (including, without limitation, automated recognition, conversion or other processing of 3D models), which may be developed by deep3dsea or with the help of its subcontractors. The Seller explicitly agrees that any such technologies, tools, software, data bases, their developments, modifications or improvements shall exclusively belong to deep3dsea to the full extent possible;
- use any trademarks, service marks or trade names incorporated in the Product in connection with Seller material;
- use the name and likeness of any individuals represented in the Product in connection with Your material.
All of the aforementioned license rights shall be used by deep3dsea exclusively to ensure proper administration and promotion of the Site.
6. Seller retains ownership of the copyrights and all other rights in the Product, uploaded to the Site, subject to the non-exclusive rights granted to the deep3dsea and the Buyer. Seller is free to grant similar rights to others during and after the term of this General Terms.
7. By uploading a Product to the Site, the Seller represents and warrants that:
- the Product is his original work, and contains no copyrighted material of any kind that Seller is not the exclusive owner of, including but not limited to: music and/or synchronization rights, images (moving or still) of any kind, writings of any kind, and model clearances/releases;
- Seller has full right and power to enter into and perform this agreement, and have secured all third party consents necessary to enter into this agreement;
- the Product does not and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights;
- the Product does not and will not violate any law, statute, ordinance or regulation;
- the Product is not and will not be defamatory, libelous, pornographic, obscene or evocative of racial hatred of any kind;
- the Product does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data;
- the Product does not contain any material that, as a condition of use, requires additional license restrictions such as requiring the publication of source code or Product that limits commercial exploitation of Incorporated Product;
- all factual assertions that Seller has made and will make are true and complete. Seller agrees to execute and deliver documents to deep3dsea and (or) Buyer, upon their reasonable request, that evidence or effectuate their rights under this agreement.
Rights, obligations and representations of the Buyer-
1. The Buyer may not use the Product, downloaded from this site in a manner that infringes the intellectual property of any other party. The Buyer may not reverse engineer any Product and must abide by the terms of the license granted to the Buyer under this General Terms, as well as any additional Seller terms included with the Product.
2. The Buyer may not perform automated mass download (crawling) technique for gaining access to Products which are offered as a free download. The Buyer may not use Products which are offered as a free download for machine learning or training neural networks purposes.
3. Following the payment of any applicable license fee for any Product, the Buyer may download the Product from the Site and use it in accordance to the applicable license terms. The Buyer must ensure that any use of the Product is compliant with all applicable laws and regulations and does not infringe upon the rights of third parties, including any intellectual property rights.
4. Prior to concluding the contract the Buyer shall give express content of waiving his or her 14-day right of withdrawal regarding the digital content (the Product).
5. When Buyer intends to order and buy products in bulk, deep3dsea may help Buyer manually complete the process of purchase at the Siterequired to effect the Sale of Products (e.g. to add Products to shopping cart in bulk).
TERMS OF LICENSE AGREEMENT BETWEEN THE SELLER, DEEP3DSEA AND THE BUYER-
General Terms of Licensing
1. Following the payment of any applicable license fee for Product, the Buyer acquires a license in accordance with the terms and conditions of this section. Any license rights relating to the Product are contingent upon the transfer of money (except for the free Products) from the Buyer to deep3dsea. All license rights terminate immediately and without notice if a sale is reversed for any reason.
2. Upon uploading the Product to the Site, the Seller shall indicate the terms of license, upon which a respective Product is licensed to the Buyer. If the Seller does not indicate any licensing conditions in his posting, terms of Royalty Free license (see section 21 “Royalty Free License”) shall be applicable.
3. Certain Products with third party copyrighted or trademarked images, logos, brand names, etc., may require additional licensing, rights, permissions, releases, or clearance for use. It is the sole responsibility of the Buyer and their legal advisor to determine, before purchasing, downloading or using any Product, whether additional licensing, rights, permissions, releases, or clearance are necessary for the intended use of Product. It is the Buyer’s sole responsibility to obtain any licensing, rights, permissions, or clearance. Buyers should understand additional licensing, rights, permissions, releases, or clearance may be relevant for Product, if the intended use involves religious groups or affiliations, pharmaceuticals, health care, tobacco, liquor, adult entertainment, personal hygiene, birth control, or any other area that could be considered sensitive, offensive, or immoral.
4. Buyers do not own any Product and are only licensed to use it in accordance with terms and conditions of the applicable license. Unless explicitly provided for in custom license terms set forth in the special area “Custom license terms” provided by deep3dsea in the Product description section of the Site, the Seller retains copyright in Products purchased or downloaded by any Buyer.
5. The license to use the Product is non-exclusive, non-transferable and is granted only to the original Buyer.
6. Any Product, returned to deep3dsea and (or) the Seller in accordance with applicable law for whatever reason must be destroyed by the Buyer immediately. The license to use any Product is revoked at the time Product is returned. Product obtained by means of theft or fraudulent activity of any kind is not granted a license.
7. By using the Site and (or) accepting this agreement the Seller agrees that any additional end user license agreements, licenses, custom licenses, or Seller requirements inserted into Seller Products in any area outside that explicitly provided by deep3dsea for additional license terms are invalid, void ab initio, and without effect as they relate to those purchases made on the Site.
8. Nothing in this agreement shall be construed to mean that a Seller may not submit or delete Content from the material submitted by such Seller as part of general maintenance of such Seller’s account.
All information on the Site is copyrighted proprietary material of deep3dsea and (or) Members and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without deep3dsea's prior permission. Except as expressly provided herein, deep3dsea and its suppliers do not grant any express or implied right to you under any patents, registered design, copyrights, trademarks, or trade secret information of deep3dsea.
deep3dsea's logos, slogans trademarks whether registered or unregistered may not be used without deep3dsea's specific written consent to do so.
deep3dsea may terminate or deactivate the membership of any person or entity for any reason at any time without notice
By accepting these Terms and Conditions Designer confirms that he/she acts as taxable person for the purpose of VAT and agrees that self-billing invoice for the purchased products shall be issued by deep3dsea under the terms and conditions of applicable laws. However, the parties remain to be solely responsible for determining whether it is required by applicable law to issue any other formal document and pay any other taxes that might apply to them. deep3dsea takes no responsibility for determining the necessity of or for issuing any other formal document (except self-billing invoice) or for determining, remitting, or withholding any taxes applicable to paid fees, except for the VAT, GST or Sales tax and other taxes (withholding tax on royalties) that deep3dsea is obliged to pay in accordance with applicable Law.