The following is a legal agreement between you and 3D Probox and/or its affiliates and subsidiaries acting as licensors hereunder this agreement, which sets forth the terms and conditions under which you use the Files and Designs available to you through 3D Probox at www.3dprobox.com ("Site") or otherwise. By downloading any Designs, you agree to be bound by the terms of this agreement (the "Agreement"). 3D Probox reserves the right to make changes, additions, corrections and modifications to this Agreement at any time or from time to time, and you agree to be bound by such changes. Such changes are effective from the date of publication. If, for whatever reason, you do not agree to this Agreement and do not accept its terms, you may not access the Site and use its resources.
Subject to the terms and conditions of this Agreement, 3D Probox grants You a non-exclusive, perpetual, worldwide, non-transferable and non-sublicensable license to use the Files or other Elements in connection with the creation of the Design to the extent permitted uses, but does not grant You any copyright and/or intellectual property rights in the Files, Elements. All copyright and/or other intellectual property rights in the Files, Elements contained in Designs. You create are reserved by 3D Probox and/or their respective owners/suppliers. All Files may only be used and reused to create Designs on the Site.
While the use of content on 3D Probox for commercial and non-commercial purposes is permitted, the trademarks, logos or related images of other companies in the content, other products and service names available on the 3D Probox website ("Brand Assets") and their use may be subject to additional copyrights, trademarks, etc. and may require the consent or license of a third party. 3D Probox does not represent or warrant that such consents or licenses have been obtained and expressly disclaims any liability in this regard.
The right and licence granted herein allows you to use the Designs you create only in the following relevant ways ("Permitted Use"):For modelling and designing products for sale on e-commerce platforms that are or are not integrated with 3D Probox;For e-mail marketing;For the production and development of any software, provided that the Designs or digital files containing the Designs cannot be extracted or separated from this software;For use on Social media sites that you own and/or are responsible for;To create archive copies of the Designs for reuse.To create commissioned work.Create copies of Designs for personal use or for sale, advertisement or printing.
The right and licence granted herein allows you to use the Designs you create only in the following relevant ways ("Permitted Use")
- For modelling and designing products for sale on e-commerce platforms that are or are not integrated with 3D Probox;
- For e-mail marketing;
- For the production and development of any software, provided that the Designs or digital files containing the Designs cannot be extracted or separated from this software;
- For use on Social media sites that you own and/or are responsible for;
- To create archive copies of the Designs for reuse.
- To create commissioned work.
- Create copies of Designs for personal use or for sale, advertisement or printing.
You may not:
- Use the Designs except as expressly permitted here in;
- Edit, modify, alter, display, send, print, store, archive or otherwise use files, Items separately from the Designs;
- Exchange, transfer or distribute Designs for free download on a shared drive, service, software or website;
- Transfer, resell, sub-licence, lease, donate or otherwise assign the Designs or rights to third parties not involved in the 3D Probox system;
- Use the Designs to create an official logo, company name or trade mark;
- Use the Designs in a manner that infringes the intellectual property rights of the File, the Brand Asset or other Elements and/or the Design, or the trademark of a third party, or that gives rise to a complaint about deceptive advertising or unfair competition;
- Use of the Designs for SPAM emails;
- Use of the Designs in a manner that competes for business with 3D Probox;
- The display, use or publication of the Designs in such a way as to lead to the conclusion that the model in the Files and/or the Designs endorses or approves the products or services of any enterprise or trade mark;
- The depiction of an object depicted in the Files and/or Designs in sensitive scenarios that could reasonably be considered offensive or inappropriate (for example, mental and physical vulnerabilities, sexual or implied sexual activity or preferences, crime, physical or mental abuse or disturbances);
- Use of designs for pornographic, illegal or immoral purposes
- Use of the Designs for the advertising or promotion of tobacco or alcohol products;
- Displaying, using or posting the Designs in a manner that leads to the conclusion that the File and/or the model in the Designs is endorsed by or promotes any political party, policy, candidate or elected official.
Any prohibited use of Files, Items and/or Designs in any way shall be deemed an infringement of intellectual property rights. You shall be liable for all damages caused by such infringement, including all claims made by third parties. Furthermore, 3D Probox reserves the right to revoke the licence of any Designs that you use in a manner that it considers to be infringing
DURATION OF THE AGREEMENT
Your licence period for the designs is valid as long as you do not violate the basic website usage rules. However, 3D Probox may limit your access to these products if your subscription credit expires. Your licence period for the platform will continue as long as you make the subscription payments, and in case of non-payment, your access to the platform may be limited or completely removed.
WARRANTIES AND INDEMNIFICATION
You shall be responsible for using the Design and obtaining appropriate licenses for its use. 3D Probox is an authorized agent, which distributes and licenses Files uploaded by contributors.
The Designs, Files, Brand Assets and other Elements on the Site are provided "as is" without warranty of any kind. You assume all risks associated with the quality and use of the Design. 3D Probox will not be liable for damages, costs and losses incurred as a result of your use of the Design. If you need to use the Brand Assets in a manner not permitted by fair use principles or not provided for under the relevant marking policy available to the general public, please contact the owner of the Brand Assets in advance to request a licence or authorisation.
You agree to release and indemnify 3D Probox, its officers, employees, shareholders, directors, managers, members and contributors from any and all damages or liabilities arising out of your use of the Files, Brand Assets and other Elements, Designs or derivative works. . You also agree to indemnify 3D Probox for all costs and expenses incurred by 3D Probox in enforcing the terms of this Agreement. 3D Probox's total maximum aggregate total liability and obligation for all claims shall be limited to Five Thousand United States Dollars (US$1,000).
You warrant and guarantee that you have the right and authority to enter into this Agreement. If you do not have such right and authority, all of your Site activity will be deemed a breach of this Agreement.
The validity, interpretation and enforcement of this Agreement, matters arising out of or related to performance or breach of this Agreement, and related matters shall be governed by the internal laws of the State Delaware (without reference to the choice of law doctrine). Any legal action or proceeding concerning the validity, interpretation and enforcement of this Agreement, matters arising out of or related to performance or breach of this Agreement, and related matters, shall be brought exclusively in the State or Federal courts located in State of Delaware. All parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect this Agreement.
This Agreement constitutes the entire agreement between you and 3D Probox with regard to the subject matter hereof. No waiver, consent, modification or amendment of the terms of this Agreement shall bind 3D Probox unless in writing signed by 3D Probox. By entering into this Agreement, you waive any terms set forth in any similar document in addition to or in reliance upon the terms of this Agreement. All such terms are recognised and rejected by 3D Probox as material changes to this Agreement. If you enter into a separate agreement with 3D Probox, certified by a wet stamp, 3D Probox has the right to change the list of permitted and prohibited ways to use the Design. Such changes will be described and recorded in the amended agreement; however, such changes will not be made in the common Agreement posted on the Site.
If 3D Probox institutes or takes any action against you to enforce or interpret this Agreement, 3D Probox shall not be liable for all costs, expenses and attorneys' fees (including all related costs and expenses) incurred in connection with such action or proceeding.
This Agreement and the rights and obligations hereunder may not be assigned by you in whole or in part without 3D Probox's prior written consent and shall not be subject to any unauthorised assignment or transfer.
The headings and captions contained in this Agreement are included for ease of reference and convenience and should not be considered in the interpretation or construction of this Agreement.
By downloading the Design, you acknowledge that you have read this Agreement and agree to the other documents governing the operation of the Site and use of the Designs.
Depending on your billing address (as indicated in your user profile), IP address and other similar criteria, your invoices may be payable to 3D Probox or its affiliates and subsidiaries acting as licensors hereunder. By entering into this Agreement, you confirm that the information you provide to determine your country of residence or country of registration is complete, true and accurate.
By accepting this agreement, you acknowledge that you have read and understood this agreement and that you have had the opportunity to obtain independent legal advice before accepting this agreement. You agree to be bound by the terms and conditions of this agreement in consideration of 3D Probox's agreement to provide the designs.
In the event of breach of the terms and conditions of this agreement, 3D Probox reserves the right to suspend (without prior notice) the account and recall licences on downloaded designs