END USER LICENSE AGREEMENT

 

The following paragraphs, here in after referred to as the Terms of Use of 3DBrandmodels Content (3DBrandmodels Products) define (administer, establish, regulate) the relationship between SIA “3DBrandModels”, the Licensor, the End User of 3DBrandmodels Products and the Licensee.

 

1. Definitions. (edited on 13.06.2016 – “e”)

The terms and expressions used in the present Agreement shall have the following meanings:

a. SIA “3DBrandModels”, a limited liability company, officially registered and acting on the basis of the charter under the legislation of the Republic of Latvia, located in Riga, Latvia at the address of “Rumbulas street ½ - 16, LV 1035”, with registration certificate No. 40103760714 and VAT number LV40103760714.

SIA “3DBrandModels” is the RE-SELLER of the content published by USERS on 3DBrandmodels web site. USERS own the copyrights and they are responsible for content they are publishing on 3DBrandmodels website.

 

b. “3dbrandmodels Products” – is 3dbrandmodels Content.

c. “3dbrandmodels Content” - is the content organized in the form of catalogue of three-dimensional models of the objects of interior design (including, but not limited to furniture, accessories, lamps, carpets, etc.), created and published by Users on 3DBrandmodels web page.

d. In this Agreement “You” or “Client” or “End User” means that we are talking about you, or if you are acting on behalf of your employer or any other economic entity, in this case “You” is being applied to your employer or other economic entity; 3dbrandmodels or “We” is referred to the company “3DBrandModels”, operator of the website; “Content” means any 3D-image, image, any media or other material that you download from the website with any accompanying material. “Computer” – is an electronic device that accepts (receives) information in digital or other format, and processes it through the sequence of instructions for obtainment of the particular result.

e. “Coins” or “Coin system” is virtual bonus point system and is not real money! Users can collect Coins by uploading 3D-models, receive as bonus for purchasing the products, earn by completing some tasks.

 

2. License Terms.

a. Hereby we grant you a perpetual, non-exclusive, non-transferable and valid license for the use of the Content within the frame of the Permitted Use (as defined below). !!! All feasibilities of using, which are not mentioned in the list of Permitted Use, are forbidden. !!!

b. You can use the content solely for its advertising, promotion or other defined below needs, which are variants of Permitted Use. For clarity, you may not use the Content in products for resale, licensing or other kinds of distribution, or if the original Content has been fundamentally modified or transformed in!!! Degree, sufficient for consideration of it as an independent and entitling the author to protect copyright under the relevant legislation...!!! {...or if the original Content has been fundamentally modified or transformed sufficiently that it constitutes an original work entitling the author or artist to copyright protection under applicable law, and where the primary value of such transformed or derivative work is not recognizable as the Content nor is the Content capable of being downloaded, extracted or accessed by a third party as a stand-alone file.}

c. You have the right to use the Content in spite of the fact that you can transfer the file (s) containing Content or Permitted Derivative Works to your clients, your computers or Internet providers for the needs of reproduction in case of Permitted Use, such intermediaries shall not have further and/or additional rights to use the Content and access or extraction of content from its containing file (s). You shall have to install and use the Content only on one computer at one time {although subject to the Prohibited Uses and the other terms of this Agreement}, you shall have the right to use the Content infinite number of times within the framework of Permitted Use. You shall have the right to the physical navigation of the Content and its archives from one location to another, and its use there.

 

3. Permitted Use

a. Advertising and promotional projects, such as computer graphic visualisations, multimedia presentations, including film and video production, advertising television and radio programs, broadcasting and theatrical presentations.

b. Entertainment products such as books and book covers, magazines, newspapers, editorials and newsletters.

c. Online or electronic publications, including web pages and/or Internet broadcasting.

d. Prints, posters, catalogues, brochures (incl. printed copies), etc.

e. Any kind of personal projects and/or works of art.

f. Any other type of use, which is properly authorised by 3dbrandmodels.

If there is doubt about the legality of the method of use of the Content, you should contact the consultants of 3dbrandmodels for reference.

 

4. Prohibited Use

You should not use the Content in a manner not stipulated in paragraph 5, as well as in the following cases:

a. Use the Content in {products}, intended for resale.

b. Incorporate the Content in the product, the use of which leads to redistribution or makes the Content available for re-use by the third parties in the form of a file.

c. The deletion of any mention of copyright, deletion of trademarks or other (attributes of proprietary rights) from the location where they are built it by the copyright holder is prohibited.

d. The sublicense, resale, rental, return to the seller or other transfer or distribution of the Content or the rights granted to the licensee of this Agreement is prohibited.

e. Provide public access to the copies of the Content on the network or Internet server.

f. It is prohibited to use or display Content in an electronic format, which provides an opportunity to download or distribute it via mobile devices or peer-to-peer-like file exchange connections.

 

5. Registration and Access to 3dbrandmodels Products

a. In order to use 3dbrandmodels Products, the user should:

• register at 3dbrandmodels.com;

• confirm his/her acceptance of this License Agreement;

• purchase any of the available 3d models at 3dbrandmodels.com;

• pay the taxes applied to the corresponding Products.

b. User's request to the purchase should be confirmed by the consequent following actions:

• selection of 3D-model by pressing a virtual button “add to cart”;

• selection of payment method and entry of information about the invoice (if available);

• confirmation of the request to the purchase by pressing a virtual button “pay now”.

c. 3dbrandmodels will immediately confirm the receipt of the payment by sending a corresponding confirmation of the transaction to the email address of the user.

 

6. USER Incomes (edited on 13.06.2016 – “a., c., d., e., f.,”)

a. 3dbrandmodels has determined price categories for products:

• Free;

• 5.00 € or 5.00 Coins

• 10.00 € or 10.00 Coins

• 15.00 € or 15.00 Coins

• 20.00 € or 20.00 Coins

• 25.00 € or 25.00 Coins

• 30.00 € or 30.00 Coins

b. USERS chooses price for their products from 3dbrandmodels price categories, but 3dbrandmodels have rights to change them if they are overpriced, quality of model doesn’t match of chosen price. 

c. USERS receives 50% to 70% incomes from his products price after product have been sold (for example: user uploads product for 5.00 € or 5.00 Coins,

if the product have been sold, he receives 2.50 € or 2.50 Coins income to its user balance)

d. USERS receive bonus for uploading models in amount of 2(two) Coins per 1(one) 3D-model. 3dbrandmodels.com has rights to change Coin receiving amount.

e. USERS receive bonus Coin incomes depending on how much money they have spent:

• Receives 2 Coins if have spent 5.00 €;

• Receives 4 Coins if have spent 10.00 €;

• Receives 6 Coins if have spent 15.00 €;

• Receives 8 Coins if have spent 20.00 €;

• Receives 10 Coins if have spent 25.00 €;

• Receives 12 Coins if have spent 30.00 €;

f. USERS can increase their income % from 50% up to 70% using Coins.

 

7. Product Fees (edited on 13.06.2016 - “c.”)

a. SIA “3DBrandModels” is a registered as VAT payer with VAT number LV40103760714 in Latvia (EU country).

b. 3dbrandmodels add VAT to products and amount of VAT depends of:

• if USERS are registered as natural person at 3dbrandmodels.com and they are from EU countries, they pay VAT of their country;

• if USERS are registered as natural person at 3dbrandmodels.com and they are NOT from EU countries, they pay Latvia VAT 21%;

• if USERS are registered as VAT payer at 3dbrandmodels.com, and 3dbrandmodels have approved information given by users they don’t have to pay VAT (exclude USERS from Latvia).

While submitted by user information have been checked and accepted, meanwhile USERS VAT payer status will be as natural person;

• if USERS registered at 3dbrandmodels are from Latvia, they pay 21% VAT;

c. Coins are virtual point payment system free of VAT;

 

8. Period of Validity

License Agreement shall enter into force from the date of its registration and shall remain in force in relation to any further use of the Content, paid and/or downloaded from the website 3dbrandmodels.

 

9. Amendments to this License Agreement.

a. Due to the variety and constant extension of the range of 3dbrandmodels products and services, as well as their modification in order to improve and increase the supply, as well as in accordance with the changes in the legal regulations, this License Agreement may be unilaterally amended by 3dbrandmodels. Future amendments to this License Agreement will not affect any already paid/prepaid/downloaded Content without the prior consent of the end user.

b. 3dbrandmodels Product updates may be provided to the end user under additional or different terms.

 

10. Rights and obligations of the end user. (edited on 13.06.2016 – “d., e., f.,”)

The end user shall assume the responsibility:

a) to pay invoices for the relevant Product, selected by him/her.

b) not to provide for free, resell, copy, reproduce, distribute, modify or use 3dbrandmodels Products  in any other manner that violates the terms of this License Agreement.

c) By using 3dbrandmodels Products, the End User undertakes:

• to comply with legal regulations, the present License Agreement, moral standards and good faith;

• not to infringe the material and immaterial rights of the third parties, including intellectual property rights to any of the components or elements included in 3dbrandmodels Products;

• not to commit or attempt to achieve an unauthorized use of 3dbrandmodels Products;

d) to use Coins for his/her needs only;

e) not to attempt to achieve an unauthorized use or receiving of Coins.

For example:

• Duplicated same user accounts;

• Upload models in purpose to receive Coins, then spent them and delete all models, which had received Coins;

• Any other unauthorized manipulation in purpose to get Coins and spent them illegally;

f) 3dbrandmodels will BAN permanently all USERS who will not comply to moral standards and good faith mentioned in a, b, c, d, e, point above;

 

11. Intellectual Property Rights

a. 3dbrandmodels doesn't owns or has no right to grant any intellectual property rights to 3dbrandmodels Products.

b. USERS exclusively owns or has the right to grant any intellectual property rights to their content they have published in 3dbrandmodels product list.

c. USERS grants rights to 3dbrandmodels to sell their products, and USERS receives amends from sales. (see chapter 6.)

d. USERS or the relevant holder of the intellectual property rights to the original interior design products, which are included in 3dbrandmodels Content, reserves all rights, not granted by the present License Agreement

 

12. Conclusion of the License Agreement

a. By making payment and/or free download from the relevant website by pressing a virtual button “pay now” or “Download”, the End User claims within the framework of the Act on Electronic Documents and Electronic Signatures that he/she has read the License Agreement, accepts its terms and conditions and agrees to observe them.

The electronic statement, by its storage on the 3DBrandmodels server through a generally accepted standard for technical transformation that makes possible its reproduction, gains the capacity of an electronic document within the meaning of the quoted act. 3DBrandmodels can store on its server the log files with IP-addresses of the User and any other information necessary for identification of the User and for provision of his/her electronic confirmations of acceptance of this License Agreement in case of legal disagreements. The End User shall be able to correct data of payment forms and download forms until the confirmation of the application in accordance with the current Article.

b. All payments and/or downloads of 3dbrandmodels Content and the provisions of Article 4 above should be made by legal representative - legal entity.

c. License Agreement shall enter into force from the date of confirmation, as described in Article 4 above. License Agreement should be concluded in English.

d. 3DBrandmodels shall confirm the receipt of the application in accordance with Article 4 by responding to the email address specified by the User in the filled/downloaded payment form. The response should include:

• name, official address and contact details of 3dbrandmodels, which can be used by the End User in case of the necessity to address any complaint;

• hyperlink to the text of this License Agreement;

• invoice for the selected 3D-model (s), including all taxes;

• agreement on payment and performance;

• information on the after-sales service and the existing guarantee (if any).

e. Payments request does not involve any obligation for 3dbrandmodels if the email address of the End User, specified in the registration/payment form is wrong, not correct or not complete, as well as if 3dbrandmodels has not received full payment for the relevant Content.

 

13. Responsibility

a. 3dbrandmodels shall not make any claims and shall not accept sanctions in relation to the legality and validity of your use of the Content. Content and accompanying materials (if any) shall be provided “as they are”, without warranties of any kind, expressed or implied, including, but not limited to the implied warranties of non-infringement (!?), merchantability or correspondence with individual goals.

b. 3dbrandmodels does not give rights and representations or warranties in relation to the use of any names, trademarks, patenteddesigns or works contained in the Content. The End User shall be available for all necessary rights, permits and agreements for the use of any Content.

c. 3dbrandmodels under no circumstances guarantees that the Content, 3dbrandmodels page or other materials will meet your requirements, are free of errors or their use may not be interrupted. You shall take the entire risk in relation to the quality, performance or use of the Content.

d. Under no circumstances shall appear 3dbrandmodels total aggregate liability to you, or to any third party claiming through you, arising out of or in connection with your use of or inability to use the 3dbrandmodels website and/or content exceed the monetary amount actually received by 3dbrandmodels from you for your use of the applicable content.

d. Neither 3dbrandmodels, nor any of its managers, employees, members or suppliers shall be liable to you or any other person or entity for any damages, costs or losses arising from your use of the Content, and also if 3dbrandmodels is informed of the possibility of such damages, costs or losses.

e. 3dbrandmodels Products may provide access to web pages of the third parties. 3dbrandmodels shall not be responsible for the content of these pages, availability and quality of products and services at these web pages or for the fulfilment of all obligations relating to their security, as well as for the actions of the third parties beyond the control of 3dbrandmodels.

 

14. Force Majeure Circumstances

Non-fulfillment of this License Agreement by any Party, except for payments, shall be justified if the performance of such obligations is delayed or interrupted by any action or cause by the party being beyond the control, and if such action or cause could not have been predicted or avoided by the Party; and this Party should promptly notify the other Party of the existence of such obstacle and make every possible effort to eliminate it and continue execution of the contractual obligations.

 

15. Written Form

Written form shall be reasonably completed by sending an e-mail by pressing virtual button, checkbox marked on the website 3DBrandmodels or similar action, as the application it’s technically stored in the form that allows its reproduction.

 

16. Applicable Legislation

a. This License Agreement shall be governed by and interpreted in accordance with the legislation of the Republic of Latvia.

b. The General Terms and Conditions of 3DBrandmodels as well as the current legislation of the Republic of Latvia should be applied to the issues, which are not reviewed in this License Agreement.

c. The present License Agreement shall not be contrary to the legitimate rights of any Party acting as a Buyer.

 

17. General Provisions

a. You actually agree and confirm that in addition to the terms of this Agreement, you have read 3dbrandmodels Use Policy and any other announcement that could be incorporated by reference, and that you agree to be bound by similar agreements as well.

b. (?) Unsuccessful requirement of 3dbrandmodels to the enforcement to strict performance of any provision of this Agreement shall not be interpreted as a waiver of any provision or right.

c. This Agreement is concluded personally with you and may not be transferred by you without the prior written consent of 3dbrandmodels. 3dbrandmodels may transfer this Agreement without Your consent to any other party for the time during which such party agrees to be bound by its terms.

d. If all or part of any provision of this Agreement is partially or completely impracticable, hand, the Parties, or if the Parties cannot reach an agreement, the Court of competent jurisdiction should (?!) bring in line {correct} similar provision or its part so that it most closely reflects the nature of impracticable provision or its part thereof.

d. The Parties agree that if some of the provisions of this Agreement are groundless, they do not entail the groundlessness of the License Agreement, its provisions or other parts of the Agreement. Groundless article should be replaced with the provision of applicable legislation or approved practice.

e. You undertake to pay and take responsibility for any and all sales taxes, and charges for the use, value added taxes and duties imposed by any jurisdictions, resulting from your receipt of the license or your use of the Content, provided by this Agreement.

f. This License Agreement shall be governed by and interpreted in accordance with the legislation of the Republic of Latvia.

g. For any questions, not covered by this Agreement, the General Terms and Conditions of 3dbrandmodels and current legislation of the Republic of Latvia. This License Agreement shall not be contrary to the legitimate rights of any Party, acting as the buyer.

h. All disputes and disagreements caused by this License Agreement, its interpretation, legal effect or termination, as well as disputes about gaps of this Agreement or its application to the newly established facts, should be enabled in {the Court of Arbitration of the Latvian Chamber of Commerce} Riga, in accordance with its legislation. Language of the legal proceedings shall be Latvian.

 

Confirmation

YOU CONFIRM THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT AND HAD THE OPPORTUNITY TO GET INDEPENDENT LEGAL ADVICE BEFORE YOU GIVE CONSENT. YOU FURTHER AGREE THAT THIS AGREEMENT BETWEEN YOU AND 3DBRANDMODELS, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, AND ANY OTHER AGREEMENT BETWEEN YOU AND 3DBRANDMODELS IN RESPECT TO THE SUBJECT OF THE PRESENT AGREEMENT.

IN CASE OF VIOLATION OF ANY OF TERMS OF THIS AGREEMENT OR ANY OTHER AGREEMENT WITH 3DBRANDMODELS, 3DBRANDMODELS HAS THE RIGHT TO DEACTIVATE YOUR ACCOUNT WITHOUT PRIOR NOTICE.

 

Last update: 13.10.2016