TERMS AND CONDITIONS
1. ACCEPTANCE OF TERMS
3D Shards 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.
2. SERVICES
The Digital Assets uploaded to 3D Shards’ marketplace are generated by independent Sellers who are not employees, agents, or representatives of 3D Shards.
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.
3D Shards 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.
3D Shards will remove material cited for alleged intellectual property infringement when provided with 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.
3D Shards reserves the right to disable any listing, store, or account that we believe violates our Terms of Use. 3D Shards also reserves the right to refuse to post any content for any reason or no reason in our sole discretion.
3. YOUR USE OF OUR SERVICES
You agree not to engage in any prohibited activities, including but not limited to:
Copying, distributing, or disclosing any part of the Site through any means, including automated or non-automated scraping.
Using automated systems, such as robots or spiders, to access the Site in a manner that sends excessive request messages to the 3D Shards servers.
Transmitting unsolicited promotional emails, such as spam or chain letters.
Attempting to interfere with, compromise the security of, or decipher transmissions to or from the servers running the Site.
Taking any action that imposes 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.
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 misrepresenting your affiliation with a person or entity, engaging in fraud, hiding or attempting to hide your identity.
Interfering with the proper functioning of the Site.
Accessing any content on the Site through any technology or means other than those provided or authorized by the Site.
Bypassing any measures we may use to prevent or restrict access to the Site.
4. YOUR ACCOUNT
To access certain features and functions of the Site, you will be required to create an account with us. As the account holder, you are responsible for monitoring all activity on your account and agree to:
Provide accurate, current, and complete information as prompted by any registration forms on the Site (“Registration Data”).
Regularly update the Registration Data and any other information provided to 3D Shards to ensure accuracy, currency, and completeness.
Maintain the security of your password and identification.
Notify 3D Shards immediately of any unauthorized use of your account or other security breaches.
Accept full responsibility for all activities that occur under your account, including but not limited to, all applicable taxes and any third-party fees.
Accept all risks of unauthorized access to the Registration Data and any other information provided to 3D Shards.
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 3D Shards.
5. YOUR CONTENT
The content that you upload, post, or otherwise make available through our services is considered your content (“Your Content”). You retain any copyright that you have in Your Content.
5.1 Responsibility for Your Content. We do not perform any testing or quality control with respect to Your Content, other than testing for technical compatibility with our platform.
You are solely responsible for Your Content and must ensure that you have all necessary rights to post it and that it does not infringe or violate any third-party rights.
Violations of intellectual property rights may result in the loss of selling privileges or other legal consequences.
5.2 Unlawful Content. You agree not to post content that is illegal, harassing, or defamatory. Examples include, but are not limited to, posting content that depicts, or could reasonably be construed as depicting, minor individuals in obscene,
morally questionable, and/or pornographic configurations or situations.
5.3 Permission to Use Your Content. By posting Your Content, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, and perpetual license to use, display, edit, modify, reproduce, distribute, store,
and prepare derivative works of Your Content. This allows us to provide our services and to promote our platform, your store, or our services in general, in any formats and through any channels, including across any of our services,
our partners, or third-party websites or advertising mediums. You agree not to assert any moral rights or rights of publicity against us for using Your Content.
5.4 Right to Delete Your Content. We reserve the right to delete Your Content from our platform at any time, including in the event that you violate these terms of use or if we believe it should be removed for compliance with laws,
the protection of customers, or any other business reason(s).
5.5 Feedback. We appreciate any feedback or suggestions you may submit to us regarding our platform or services, 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. We do not waive any rights to use similar or related ideas previously known to us, developed by our employees, or obtained from sources other than you.
6. OUR CONTENT
As the owner of the Site, 3D Shards holds the exclusive rights to all content featured 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”). This content is protected by copyright, trade dress, moral rights, trademark and other laws related to the protection of intellectual property.
In accordance with these Terms, 3D Shards grants users the right to view and utilize the Site for personal, internal, and non-commercial use only. Any distribution, reproduction or electronic reproduction of any content from the Site,
either in whole or in part, for any other purpose is strictly prohibited without prior written consent from 3D Shards.
7. TRADEMARKS
The trademarks, logos, and service marks (“3D Shards”) displayed on the Site are the property of 3D Shards or other third parties. You are not permitted to use these without the prior written consent of 3D Shards
or such third party which may own the Mark. 3D Shards and its licensors, reserve all rights not expressly granted in and to the Site and the Marks. Any unauthorized use of the Site or the Marks may violate copyright, trademark, and other laws.
8. NOTICE FOR CLAIMS OF COPYRIGHT INFRINGEMENT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
8.1 Intellectual Property Notices. We take claims of alleged infringement seriously and will respond to notices of alleged copyright infringement in accordance with the United States Digital Millennium Copyright Act (DMCA).
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 Enforcement of Intellectual Property Rights. As part of our commitment to protecting the intellectual property rights of third parties, we have a policy of terminating the accounts of users who are repeat infringers or who are repeatedly charged with infringement.
Even if you are infringing on intellectual property rights without knowledge, we will still take action and your account may receive a warning or be suspended or terminated.
We recommend consulting with a legal professional to ensure that you have the necessary procedures in place to prevent intellectual property infringement.
9. PRODUCT PURCHASES
9. 1 License Agreement. Upon purchasing a license for any Digital Assets, you are subject to the terms and conditions outlined in the 3D Content Licensing Agreement. In the event of any violations or breaches of the license, you agree to indemnify and hold 3D Shards harmless.
In the event of any conflicts between the license and these Terms, the license shall take precedence.
9.2 Payment Information and Taxes. All transactions must be conducted in US dollars, and prices are subject to change at any time. It is your responsibility to provide accurate and complete information for all transactions and to pay any associated charges, taxes and other applicable fees.
9.3 Resolution Process for Transactions. 3D Shards does not conduct any testing or quality control on the Digital Assets listed on our Site. In the event that you are not satisfied with your purchase, please contact us for assistance.
We reserve the right to correct any processing errors and to close your account in the event of a chargeback or dispute.
9.4 Refund Policy. As per the Hungarian Civil Code, Section 29 (1), consumers are not able to exercise their right to a refund for digital data content provided on a non-material data carrier if the business has begun performance with the consumer’s express,
prior consent, and the consumer has declared that they will lose their right to a refund after the start of performance. If the product description was accurate and the product functions properly, no refund will be granted.
If the product description is demonstrably incomplete or the product does not function as intended, the purchase may be cancelled within 14 days of the purchase date by contacting us.
9.5 Content Withdrawal. 3D Shards reserves the right to discontinue the licensing of a Digital Asset at any time. Additionally, if a Digital Asset is subject to a claim of infringement of a third-party’s rights, 3D Shards may remove the asset from the “My Downloads” section of your account. We will make reasonable efforts to notify you of any such withdrawal.
COMPENSATION TO SELLERS
10.1 Compensation for Sellers. Sellers shall be compensated in accordance with 3D Shards’ Royalty Policy, which may be updated from time to time.
10.2 Payment Schedule and Methods. Unless otherwise agreed upon in writing, sellers shall receive royalty payments in accordance with published timeframes and through the method selected during the payment setup process. Available payment methods may be subject to change. Payments shall only be made when the total amount due to the seller is at least $50, and unpaid amounts will accrue until the next month in which the amount due is at least $50. If the selected method of payment is by bank transfer, 3D Shards reserves the right to delay payment until the amount due to the seller is at least $30. 3D Shards reserves the right to withhold payment if the seller breaches these terms, pending an investigation.
10.3 Digital Asset Pricing. Sellers shall be responsible for determining the pricing of their Digital Assets.
10.4 Product Discounts. 3D Shards may offer the option to create coupon codes or other promotional discounts for Digital Assets. In the event a Buyer uses a coupon code or other promotional discount when purchasing a Digital Asset, the seller’s royalty payment will be based on the adjusted sales price.
10.5 Contact/Payment Information. Sellers are solely responsible for providing and maintaining accurate contact and payment information associated with their account, including applicable tax information. Any third-party fees related to returned or canceled payments due to contact or payment information errors or omissions may be deducted from newly-issued payments.
10.6 Refunds. In the event that a Buyer is issued a refund, no royalty payment shall be made to the seller for that Digital Asset. If a Buyer is issued a refund and a royalty payment has already been made to the seller, the dollar amount of the previous payment will be applied against the seller’s account and deducted from future royalty payments.
10.7 Tax Information. If 3D Shards determines that tax information is required, and the seller does not provide this information after requested, payments may be withheld until the necessary information is provided or it is otherwise determined that the seller is not a person or entity from whom tax information is required.
10.8 Payment Disputes. Any disputes regarding payment must be notified to 3D Shards in writing within thirty (30) days of such payment. Failure to do so shall result in the waiver of any claim related to the disputed payment. Payment shall be calculated solely based on records maintained by 3D Shards, and no other measurements or statistics shall be accepted or have any effect under these Terms.
10.9 Seller Actions Resulting in Reputational Harm. No payment shall be owed in the event that 3D Shards determines, in its sole discretion, that the seller has engaged in practices that are likely to harm the reputation of 3D Shards, including but not limited to, fraud or other illegal activities.
11. PRIVACY
Click here to view our Privacy Policy. You understand that by using the Site and/or Services you consent to our Privacy Policy.
12. MINORS
In order to access and utilize the Site, you must be at least 18 years of age or, if you have obtained parental consent, at least 13 years of age. The Site is not intended for individuals under the Minimum Age. By using the Services, you represent and warrant that you meet the Minimum Age requirement and have obtained parental consent if applicable, have the necessary rights and authority to grant 3D Shards the rights outlined in these Terms of Use, and have read, understood, and agree to be bound by these Terms of Use. If you do not meet the Minimum Age requirement, do not have parental consent, or do not agree to the terms outlined in these Terms of Use, you are prohibited from using the Services.
13. THIRD-PARTY LINKS
The Site may contain links to third-party websites, events, or activities that are not owned or controlled by 3D Shards. 3D Shards does not endorse or assume any responsibility for any such third-party sites, information, materials, products or services. Accessing any third-party website from the Site is done at your own risk. The terms of use and privacy policy of 3D Shards do not apply to your use of such sites. You release 3D Shards from any and all liability arising from your use of any third-party website, service, or content.
14. INTERNATIONAL USE
The Site is controlled and operated from Hungary, and any access to it from locations outside of Hungary is done so at the user’s own initiative. It is the responsibility of the user to ensure compliance with all applicable laws in their jurisdiction. 3D Shards makes no representation that the materials on the Site are appropriate or available for use in locations outside of Hungary, and accessing them from territories where their contents may be illegal is prohibited. Users who choose to access the Site and/or utilize the Services from other locations do so at their own risk and are responsible for compliance with local laws.
15. ELECTRONIC COMMUNICATIONS
When using the Site or communicating with us electronically, such as through e-mails or text messages, you consent to receive electronic communications from us. These communications may include agreements, notices, disclosures, and other information related to your use of the Site. By providing your consent, you acknowledge that electronic communications satisfy any legal requirement for written communication. Additionally, you may retain copies of these communications for your records.
16. TERMINATION
16.1 Termination by You. You may terminate your account with 3D Shards at any time by contacting the company and requesting for account termination. Please note that terminating your account will not affect the availability of certain content that you had previously posted to the Site.
16.2 Termination by 3D Shards. 3D Shards reserves the right to terminate or suspend your account and your access to the Site at any time, for any reason, and without advance notice. If such action is taken, you will not have a contractual or legal right to continue using our Services, such as selling or buying on our Site. 3D Shards also reserves the right to refuse service to anyone, at any time, for any reason. In the event that your account is terminated, you may lose any information associated with your account, including any content you have posted.
16.3 Discontinuation of Services. 3D Shards reserves the right to change, suspend, or discontinue any of the Services at any time, without advance notice and for any reason. We will not be liable for any effect that such changes may have on you, including any loss of income or ability to generate revenue through the Services.
16.4 Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
17. LIMITATION OF LIABILITY
17.1 Liability for Purchased Items. You acknowledge that 3D Shards does not create or inspect any of the Digital Assets sold through our Site. We provide the platform for independent sellers to list their products, and as such, 3D Shards cannot and does not make any warranties regarding the quality, safety or legality of the products. Any legal claims related to a Digital Asset you purchase must be brought directly against the seller of the item. By using our Site and Services, you release 3D Shards from any claims related to products sold through our Site, including for defective items and misrepresentations by sellers.
17.2 Liability for Content. You may encounter materials that you find offensive or inappropriate while using our Services. We do not make any representations concerning any content posted by users through the Services. 3D Shards is not responsible for the accuracy, copyright compliance, legality, or appropriateness of content posted by users that you accessed through the Services. By using our Site and Services, you release us from all liability relating to that content.
17.3 Liability for Interactions. You may 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 by using our Site and Services, you release us from all liability relating to your interactions with other users.
17.4 Liability for Third-Party Services. Our Site may contain links to third-party websites or services that we do not own or control. When you access these third-party services, you do so at your own risk. These third parties may require you to accept their own terms of use. 3D Shards is not a party to those agreements
18. DISCLAIMER OF WARRANTIES
3D Shards does not guarantee that the Site or any of its content, services, or features will be error-free or uninterrupted. The service is provided on an “as-is” and “as-available” basis. All information provided on the service is subject to change without notice. 3D Shards cannot ensure that any files or other data downloaded from the service will be free of viruses or other harmful features. 3D Shards disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. 3D Shards will not be liable for any 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, whether caused by tort (including negligence), intellectual property infringement, breach of contract, or otherwise, even if foreseeable, or any damages which exceed the fee paid for the Digital Asset. This limitation on liability shall be construed to the greatest extent applicable under applicable law, and should not affect any liability that cannot be excluded or limited under such laws.
19. INDEMNIFICATION
You shall indemnify and hold 3D Shards and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or Services, your violation of these Terms, or your violation of any rights of another. 3D Shards 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 fully with us in the defense of any such claim or demand.
20. ENTIRE AGREEMENT
These Terms of Service, including any policies or licenses referenced herein, constitute the entire agreement between 3D Shards and you with respect to the use of the Service. Any prior understandings or agreements, whether oral or written, are hereby superseded by these Terms of Service.
