ARTICLE 1. Account Registration and Access
To be able to download photos, you need to register for an account. You are responsible for your account and all the activity on it.
1.1 To download Photos, you first need to register for an account. After completing registration, you can directly log into your account and download the Photos in exchange for credits (see article 5).
1.2 You must secure access to your account against third parties. In particular you must keep the password strictly confidential. 3D Assets Store will assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified 3D Assets Store that someone else knows your password.
1.3 Some users are offered Premium access through a whitelisted IP address, meaning they have access to account specific features without having to log in. 3D Assets Store will assume that all actions undertaken through a whitelisted IP address are authorized and supervised by you.
ARTICLE 2. Use of Photos
You are allowed to use our photos for many kinds of projects and even sell them in combination with 3D models. However, you are notallowed to resell or give away our photos as ‘textures’, texture packs, materials, clipart or any other product that competes with our website.
2.1 You are permitted to:
a) use Photos in 2D or 3D computer graphics, website design, advertising banners, movies, television shows and printed media;
b) incorporate the Photos in computer games and 3D models;
c) sell 3D models bundled with modified versions of the Photos (with the exception of Substance .sbsar files, PBR Materials, HDR Panoramas, 3D Brushes, Atlas Sheets, 3D Scans and 3D Scanned Objects), but only if you add the following text to the documentation accompanying the model:
d) for scrapbooking work, but only if you are the end-user of the work. Resale of the Photos as scrapbooking packs, scrapbooking papers, templates, etc, is explicitly forbidden (even when the Photos are modified).
2.2 You are not permitted to:
- sell or distribute any Photos (modified or not) by themselves or in a texture pack, material, shader, scale modelling papers (pre-printed or digital), scrapbooking pack;
- use Photos in graphic design themes or templates sold to multiple customers on digital marketplaces (this includes stock photography, clipart, templates for websites, business cards and e-cards);
- sell or redistribute the Substance sbsar files, HDR Panoramas, 3D Brushes or 3D Scanned Objects (by itself or bundled with a 3D scene);
- use the Photos for creating products sold via ‘print on demand’ websites (for example print on demand mugs, T-shirts, mouse mats, etc);
- sell or distribute skins for laptops, phones and other devices created with Photos from 3D Assets Store
- use The Photos to print wallpaper, fabrics or vinyl wraps (with the exception of private or one-off use);
- bundle Photos with software such as paint programs, plugins, 3D engines, 3D programs or photo-kiosk software;
- release the Photos or derivative products with Photos under Open Source Licences.
- use Photos in Second Life or any other Linden Lab product or service;
- use Photos for any purpose that violates Dutch or other applicable law or regulation.
2.3 3D Assets Store may recoup from you all damages it suffers as a result of your violation of these terms and conditions.
ARTICLE 3. Stockpiling Photos
3D Assets Store is designed to be a website from which you download only the photos you need for the project you are working on right now. It is not permitted to download whole categories (to make a local texture library) or try to download all photos with an automated program.
3.1 You not are permitted to:
- stockpile Photos with the goal of making a local (copy of the) Photo library;
- use a program (spider, leecher) or script to automatically download (all) Photos on 3D Assets Store
- interfere with the security or otherwise abuse, disrupt, place excessive loads on, or attempt to gain unauthorised access to the 3D Assets Store website or any system resources or networks connected to this website.
ARTICLE 4. Availability and Maintenance
We do our best to make sure our website is always online, but there can be times when the website is not available because of maintenance or network problems.
4.1 3D Assets Store uses its best endeavours to make the service available at all times, but makes no guarantees about uninterrupted availability. 3D Assets Store actively maintains the website and Photo service. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.
4.2 3D Assets Store may adapt the website and Photo service from time to time. Your feedback and suggestions are welcome, but ultimately 3D Assets Store decides which adaptations to carry out (or not).
ARTICLE 5. Premium Access
You can only download a limited number of photos every day with your free account. We sell Premium Access packages so you can download more and higher resolution photos.
5.1 If you have an account, you can download Photos in exchange for credits. Every registered user will get 15 “free credits” per day. The free credits will be complemented at midnight in your set timezone. With free credits you can only download Photos up to “Medium” size. Photos downloaded using free credits may be used for personal and commercial use (provided the use is in compliance with these terms and conditions).
5.2 Users can also buy “premium credits”. With premium credits you can download Photos in all sizes (from “Small” to “XXLarge”). Users with premium credits will also receive 15 free credits a day. As far as possible, the Photos will be downloaded in exchange for free credits. You can buy premium credits in the form of a “Subscription” or as a “Credit Pack” (see below).
5.3 With a subscription your credits will be complemented to 500, 1000 or 2500 credits every month, on the same day you made your purchase. Unused credits do not go over to the next month and at the end of the subscription the unused credits expire.
5.4 Subscriptions are available in various lengths (e.g. monthly, 6 months, anually). Some subscriptions types feature an automatic renewal, which means at the time of expiration the subscription is automatically renewed and you are billed to the payment method associated with your user account.
5.5 Premium Access is non-transferable and the use of Premium Access is only allowed at one physical network, IP address or studio at a certain time.
5.6 The subscription comes with a single login and password combination. The maximum number of simultaneous logins differs per subscription, based on the amount of monthly credits:
500: 3 simultaneous logins
1000: 5 simultaneous logins
2500: 10 simultaneous logins
500: 3 simultaneous logins
1000: 5 simultaneous logins
2500: 10 simultaneous logins
5.7 A “Credit Pack” is a single purchase of 50 to 2500 credits. These credits are valid for three years.
5.8 The exact price and details of each Premium Access package can be found on the 3D Assets Store website and can be subject to change.
5.9 All prices are stated in either EUR or USD and may be converted to your local currency at the time of payment.
5.10 All prices are exclusive of all (local) taxes, duties and other government charges as may be applicable.
5.11 Payment can be made by credit card, by PayPal, or as explained further on the website.
ARTICLE 6. Privacy
We do not share your personal information with anyone, except when strictly needed (for example when you make a purchase on our website). The same is true for email: we only send you an email for account activation or when you forget your password. If we ever want to send a newsletter, we will ask for your permission first. Please see our privacy statement for more information.
6.1 3D Assets Store respects your privacy and personal data. We do not disclose your personal data. No newsletters or offers will be sent to you without your prior consent. Any information submitted by you will be used solely for the purpose of completing the transaction, delivering the Photo service and addressing customer service issues. In our privacy statement, we will explain which personal data we collect and for which purposes.
ARTICLE 7. Intellectual Property Rights
The photos you download are only licensed to you; you do not become the owner of the photos. Also, while we own copyright to all the photos on our website, in rare cases a photo may show a logo, brand name or copyrighted design. Be careful with these types of photo, because the owner of the logo, brand or design might not like it when it’s used in your work.
All intellectual property rights to all Photos and all content on the website http://www.3dassetsstore.com/ belong solely to 3D Assets Store or its licensors. You will only be given a right of use that is non-exclusive and non-transferable and the competencies explicitly granted under these terms and conditions or otherwise. The foregoing license is non-sublicensable, with the sole exception that you may sublicense the Photos to a third party that uses the Photos as part of the works you delivered to such third party and provided that such use complies with the requirements set forth in article 2 of these terms and conditions. For instance, this shall apply to the Photos that you incorporate in a project (e.g. a movie poster) which will be published and distributed by your customer (the third party).
7.2 Some Photos contain man-made graphic materials such as wallpaper patterns, logos, brand names or signs. The use of these types of photo is at your own discretion. The rights for the photo lie with 3D Assets Store and the photo has been taken in a public space, but using the patterns, logos or name in your work may not be permitted.
7.3 The category “Reference” contains photos of environments, buildings, vehicles and other objects. The photos in this category are meant as inspirational reference material only. Direct use of these photos in your work is at your own risk and responsibility.
ARTICLE 8. Liability and Indemnification
If something bad happens because you use our photos or because our website fails, we are not liable (beyond a small amount). If you do something really bad with the photos (for example, the unlikely event that you commit a crime using the Photos), and that results in getting us sued, you agree to help defend us.
8.1 Except in cases of intentional misconduct or gross negligence, the liability of 3D Assets Store shall be limited to the amount paid by you in the twelve months prior to the moment the cause of the damage occurred.
8.2 In no event shall 3D Assets Store be liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption, loss of business information, loss of data, or any other pecuniary loss in connection with any claim, damage or other proceeding arising under this agreement, including – without limitation – your use of, reliance upon, access to the 3D Assets Store website, the Photos or any part thereof, or any rights granted to you here-under, even if you have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.
8.3 Damages may only be claimed if reported in writing to 3D Assets Store a maximum of two weeks after discovery.
8.4 In case of force majeure 3D Assets Store is never required to compensate for damages suffered by you. Force majeure includes, among other things, disruption or unavailability of the internet, telecommunications infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
8.5 You indemnify 3D Assets Store against all claims arising out of or in connection with this agreement and the use of Photos.
ARTICLE 9. Term and Termination
As soon as you download a photo these terms and conditions become active. You can close your account whenever you want. If you break the rules, we may close your account.
9.1 These terms and conditions come into force as soon as you first use the Photo service or buy Premium Access. The agreement remains in effect until your account is terminated.
9.2 You can terminate your account at any time.
9.3 3D Assets Store is entitled to temporarily block your account or terminate your Premium Access:
- if 3D Assets Store discovers stockpiling behaviour over a longer period of time;
- in the event of a breach of these terms and conditions.
9.4 3D Assets Store is not liable for any damage you may suffer by the termination of the account or Premium Access in accordance with Article 9.3.
ARTICLE 10. Effect of Termination
When you close your account, you can continue to use the photos you downloaded before the account was closed (as long as the use does not breach these terms and conditions)
10.1 Upon expiration, cancellation or termination of Premium Access, you no longer have the benefits related to Premium Access.
10.2 Upon expiration, cancellation, termination of an account (hereafter: “End of the account”), you can no longer download any Photos
10.3 Upon the end of a subscription and/or an account, the unused credits will expire. You do not get a refund for the unused credits.
10.4 Upon the end of a subscription and/or an account:
- you are entitled to continue to exploit any Photos already incorporated into any product prior to the End of the account;
- you are entitled to continue to exploit any Photos that were already downloaded and modified prior to the End of the account;
- you are entitled to continue to distribute all products into which the Photos were already incorporated prior to the End of the account;
- End users are entitled to continue to use any of your products with the Photos incorporated; and
- the use of the Photos (in your products) must be in compliance with these terms and conditions.
ARTICLE 11. Non-Competition
It’s not permitted to use our photos to create competing products or services. This means you are not allowed to sell or give away our photos as textures, texture packs, clipart, shaders, material packs (even when you modify the photos!).
11.1 You will not use Photos to develop or sell products or services that are comparable to the Photo service or the platform belonging to 3D Assets Store
11.2 In the event of a breach of the provision of Article 11.1, you will owe 3D Assets Store an immediately due and payable penalty of EUR 10,000.00 per established breach without further notice of default being required, and will further owe 3D Assets Store an immediately due and payable penalty of EUR 500.00 for each day that the breach continues, without prejudice to the right to demand full compensation.
ARTICLE 12. Changes to Terms
3D Assets Store may change these terms and conditions as well as any prices at any time. If you do not like the changes, you can close your account.
12.1 3D Assets Store may change these terms and conditions as well as any prices at any time.
12.2 3D Assets Store shall announce changes or additions through the service or on the website.
12.3 If you do not want to accept a change or addition, you can terminate the agreement when the changes take effect. Use of 3D Assets Store after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
ARTICLE 13. Final Clauses
We are located in The Netherlands; any legal disputes with us will have to be handled in Rotterdam under Dutch Law.
13.1 Dutch law applies to this agreement.
13.2 Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with the Photo service shall be brought before the competent Dutch court based in Rotterdam.
13.3 For any clause in these terms and conditions which demands that a statement must be made “in writing” to be legally valid, a statement by e-mail or communication through the 3D Assets Store service shall be sufficient provided the authenticity of the sender can be established with sufficient certainty and the integrity of the statement has not been compromised.
13.4 The version of any communication of information as recorded by 3D Assets Store shall be deemed to be authentic, unless you supply proof to the contrary.
13.5 In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
13.6 3D Assets Store is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of 3D Assets Store or the associated business activities.
ARTICLE 14. Contact
If you have any questions about these terms and conditions or our website in general, always feel free to contact us.
We are here to help!3D Assets Store
We are here to help!3D Assets Store
14.1 Feel free to email any questions regarding these terms and conditions or any other questions about 3D Assets Store to firstname.lastname@example.org.