Terms & Conditions

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Terms of Use

This is a legally binding agreement between (“you”) and 3D Phoenix regarding your use of the Site. “You” refers to the entity bound by these Terms of Use (“Terms”), whether that is a natural person who must be at least 18 years of age, or a corporate entity. This agreement incorporates the Site’s policies and procedures as such are made available by request from 3D Phoenix.

These Terms may be translated into other languages, but the governing language is English in the event of any contradiction in terms between the English and foreign translation.

Definitions

“3D Phoenix” includes 3D Phoenix Limited, the 3D Phoenix brand, and all designated affiliates.

Stock Media Product” is the collection of one or more digital files, images, or videos packaged in the form of a product on the Site that can be identified by a product ID, and that is uploaded by you, or otherwise made available to you, for Purchase on the Site. A Stock Media Product may include 3D models, texture maps, motion captures, photographs, imagery, application and plug-in software, materials and shaders, shapes and vector graphics, training materials, building components, sound effects, stock music, and videos. Additionally, a Stock Media Product may include a number of individual files of different file formats to make it easier for Customers to work in a variety of software applications (such as 3DS Max, Maya, and Cinema 4D), and may also include other files (such as jpeg images used for texturing), and images or other files that are used for promotional purposes. For Customers and their use in Creations, this definition also includes derivative and intermediary files used for that purpose.

“Site” refers to the 3D Phoenix website or any approved means or utility either currently in existence or in the future; the software and source code used by 3D Phoenix to provide such services; user interface layouts, designs, images, text, knowledge base articles, program offers; site information provided in reports (such as popular keyword searches); and all other intellectual property protected under copyright, trademark, patent, publicity, or any other proprietary right.

General Use

  1. General License to the Site.
  2. Ownership. Except as expressly licensed to you in these Terms, and in other agreements provided to you by 3D Phoenix such as those regarding Stock Media Products, 3D Phoenix and the owners of the Stock Media Products retain all ownership, right, title, and interest in and to the services provided by 3D Phoenix, including the Site and all Stock Media Products.
  3. Unauthorized Use. If you use the Site or Stock Media Products in an unauthorized way, 3D Phoenix may terminate your account and pursue other penalties, damages, losses, and profits to which 3D Phoenix is entitled under this agreement or at law or equity. The following uses of the Site are explicitly prohibited:
  4. Except as expressly licensed to you, using an in-line link, frame, or forging headers around or URLs, or otherwise repackaging the Site in any way for commercial purposes;
  5. Obscuring or removing any watermark, copyright, or other proprietary notice from the Site or Stock Media Products;
  6. Mining, hacking, probing, spidering, crawling, or scraping the Site or Stock Media Products, or similarly gathering or extracting data (whether manual or robotic), including by indexing, caching, or aggregation;
  7. Decompiling, reverse engineering, or making derivative works;
  8. Interfering (or engaging in any activity that may interfere) with any user’s experience;
  9. Testing for technical vulnerabilities, or circumventing any security measures or access restrictions;

Warranties

You covenant, represent, and warrant to 3D Phoenix that:

  1. You have full right, power, legal capacity, and authority to enter into and perform this agreement and, prior to any Purchase, had an opportunity to seek independent legal counsel.
  2. You will not use the Site except pursuant to the terms of this agreement.

Limitation of Liability

  1. The Site is provided on an “as is”, “as available”, and “with all faults” basis. 3D Phoenix makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, fitness for a particular purpose, non-infringement, merchantability, or cosmetic attributes of the Site, and does not guarantee the accuracy or completeness of specifications associated with the Site, including measurements, weight, durability, strength, materials, general physical properties, regulatory compliance, other engineering or construction attributes.
  2. You assume all risk for any damage to your computer systems and network for any damage to your computer system caused by using the Site, including any damages resulting from computer viruses.
  3. To the fullest extent permitted by law, 3D Phoenix shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Site, even if 3D Phoenix has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence). To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental, or consequential damages, portions of the preceding limitation or exclusion may not apply, but should be construed to the greatest extent applicable in such jurisdictions.

Termination and General Terms

  1. Entire Agreement. This agreement constitutes the entire agreement between you and 3D Phoenix, unless you have additional mutually agreed written license agreements with 3D Phoenix, such as a Publishing Agreement or other corporate license. Corporate licenses are available with additional protections for additional fees. Please contact info@3dphoenix.com if your organization requires a corporate license. 3D Phoenix does not offer any other changes, additions, variations, or additional signed forms related to this agreement. No modification to this agreement will be binding, unless in writing and signed by an authorized 3D Phoenix representative.
  2. Termination; Material Breach. Your breach of these Terms or other applicable policies or agreements with 3D Phoenix may result in 3D Phoenix terminating your access to the Site, without any liability to 3D Phoenix. You may terminate these Terms at any time by ceasing to use the Site. You agree that any material breach of these Terms will result in irreparable harm to 3D Phoenix for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, 3D Phoenix will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if 3D Phoenix seeks such an injunction.
  3. Import/Export Regulations. The Site may be subject to global export or import laws. You agree to comply strictly with all such laws and, in particular: (a) obtain any export, re-export, or import authorizations required by U.S.; (b) not design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide, re-route, or otherwise package the Site to prohibited countries and entities identified in the U.S. export regulations.
  4. Governing Law. This agreement is governed by British Virgin Islands law, excluding conflict of law principles. Any action or proceeding arising out of or related to this agreement must be brought in a court located in the United Kingdom of Great Britain and Northern Ireland and both parties irrevocably submit to the exclusive jurisdiction of such courts. All notices, requests and other communications under this agreement must be in writing (e-mail messages shall be deemed writings).
  5. LIMITED INTERNAL USER ARBITRATION. You acknowledge and agree that 3D Phoenix may, in its sole discretion, arbitrate disputes between the Site’s users involving the Site or Stock Media Products, and such findings shall be final and non-appealable. Either party may request that 3D Phoenix arbitrate the dispute, or 3D Phoenix may elect, at its option, to arbitrate the dispute. To resolve disputes, 3D Phoenix may decide to terminate or suspend users, revoke the license, offer replacement Stock Media Products, reestablish the licensee, or surrender or reallocate fees (whether by refund, charitable donation, or otherwise). 3D Phoenix may award up to the original Purchase price to either party depending on the circumstances. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT ACCEPTING THIS ARBITRATION PROVISION WAIVES RIGHTS TO JUDICIAL RESOLUTION, TRIAL BY JURY AND RIGHTS YOU WOULD OTHERWISE HAVE IF YOU HAD NOT AGREED TO THIS ARBITRATION PROVISION.
  6. Notice. Any notice under this agreement shall be via email to info@3dphoenix.com, provided that you receive an acknowledgement email from a 3D Phoenix representative within five (5) business days. If no such acknowledgement email is received, notice must be in writing and delivered by mail to the following address.

3D PHOENIX LIMITED

Sakiet El Janzir, Vienna Street, Vienna 1188 Bldg.

P.O. Box 13-5981, Chouran 5543, Beirut-Lebanon

 

  1. Assignment. 3D Phoenix may not assign its rights under this agreement without providing you notice, except in the case of a bankruptcy, merger, acquisition, sale of all or substantially all of 3D Phoenix’s assets to a subsequent owner or operator, or similar event. You may not assign your rights under this agreement without the prior written consent of 3D Phoenix, which will not be unreasonably withheld.
  2. English. This agreement may be translated into other languages, but English is the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.

Refund & Return Policy

For Return and refund policies, please see our policy here.

These Terms of Use are in effect as of May 17th, 2017.

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