End User License Agreement (aka Terms of Service)
PLEASE READ THIS DOCUMENT CAREFULLY.
p3d.in ("we," or "us") offers an online 3D model sharing platform and community through its website located at p3d.in (the "p3d.in Site") and its related domains (collectively, the "p3d.in Service"). By registering as a member or by using the p3d.in Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and p3d.in. If you do not wish to be bound by this Agreement, do not use the p3d.in Service.
1. Who May Use The p3d.in Service
AGE REQUIREMENT: You must be at least 13 years old to use the p3d.in Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the p3d.in Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the p3d.in Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the p3d.in Service. If your child is using the p3d.in Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the p3d.in Service is appropriate for your child, please review our Frequently Asked Questions or contact us at support@p3d.in.
WARNING: Even if you are old enough to use the p3d.in Service and/or have your parent's or guardian's permission, some of the content available within the p3d.in Service may not be appropriate for you. Some content may contain "R-rated" material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
2. License To Use The p3d.in Service
LICENSE: p3d.in grants you a limited, non-exclusive license to access and use the p3d.in Service for your own personal or commercial purposes. This includes the right to view public content available on the p3d.in Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by p3d.in in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the p3d.in Service. Nor will you take any measures to interfere with or damage the p3d.in Service. All rights not expressly granted by p3d.in are reserved.
TRAFFIC LIMITATIONS: p3d.in reserves the right to - in special cases - restrict access to accounts and assets that causes excessive traffic charges, such as very large bandwidth usage or massive number of pageviews on the p3d.in service, and/or propose a voluntary overage fees to cover our costs. We will never limit access to your account and/or your online assets until 2 weeks after you have been notified of the excess usage via the email linked to your account, and you will always have a chance to discuss that with us before we take any action.
3. Privacy
Information We May Collect
We may collect information that can identify you (personal information), such as your name and email address, when you (or other users) provide it to us when using our website or in some other manner, from our business partners, and from other third parties. We may combine the personal information that we receive from different sources.
We also may collect other types of information in the following ways when you visit our website:
Our server logs automatically collect information, such as your IP address, your browser type and language, and the date and time of your visit, which helps us track users movements around our site and understand trends.
We may assign your computer one or more cookies which may collect information to facilitate access to our website and to personalize your online experience.
We may use standard Internet tools, such web beacons, which collect information that tracks your use of our website and enables us to customize our services and advertisements.
Right to request deletion of your personal information
You may also request that we delete any personal information that we have collected from/about you. However, we may retain personal information as authorized under applicable law, such as personal information required as necessary to provide our services, protect our business and systems from fraudulent activity, to debug and identify errors that impair existing functionality, as necessary for us, or others, to exercise their free speech or other rights, comply with law enforcement requests pursuant to lawful process, for scientific or historical research, for our own internal purposes reasonably related to your relationship with us, or to comply with legal obligations. We need certain types of information so that we can provide our services. If you ask us to delete it, you may no longer be able to access or use our services. You may at any time delete your account with us and thereby completely remove your personal information.
Rights to access and delete your personal data
Subject to certain restrictions depending local laws in your region, you have the right to request that we disclose what personal information we collect about you, to delete any personal information that we collected from or maintain about you, and to opt-out of the sale of personal information about you. This section describes how to exercise those rights and our process for handling those requests, including our means of verifying your identity. If you would like further information regarding your legal rights under applicable law or would like to exercise any of them, please contact us at privacy@brand3d.com.
How to exercise your access and deletion rights
Subject to the local laws in your region, you may exercise your privacy rights described above by submitting your request via email at privacy@brand3d.com. You may also call us at 813 300 3258, but we strongly recommend using email to contact us. For security purposes, we may request additional information from you to verify your identity when you request to exercise your privacy rights. If you have an online account with us, logging into your account will serve to verify your identity and request, although we may request additional information if we believe your account has been compromised. If you do not have an account with us, or if we have reason to suspect that the security of your account is compromised, we will request additional information from you to match with our existing records to verify your identity, depending on the nature of the request and the sensitivity of the information sought.Information Others May Collect
We may allow third-party advertising companies or ad networks to display advertisements on our websites.
We do not provide any personal information to these companies.
These companies may use tracking tools, such as cookies, to collect information about computers used to view or interact with their advertisements.
If you post information about yourself or others, or communicate with others using our website, please note that we cannot control who reads your postings or what they do with the information you provide. We encourage you to use caution in posting personal information.
How We May Use Information We Collect
We may use information to:
- Fulfill your requests for products and services;
- Offer products and services that may be of interest to you;
- Customize the advertising and content that you see on our website;
- Facilitate use of our website;
- Manage your account and your preferences;
- Analyze use of and improve our website, products and services;
- Identify and protect against fraudulent transactions and other misuses of our website; and
- Enforce our Terms of Use.
Changes To Our Privacy Policy
We may occasionally update our Privacy Policy to reflect changes in our practices and services. If we make material changes in the way we collect, use, or share your personal information, we will notify you by sending you an email to the email address you most recently provided to us and/or by prominently posting notice of the changes on our website.
4. Membership
REGISTRATION: To fully use the p3d.in Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to p3d.in and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the p3d.in Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately at support@p3d.com.
5. Term And Termination; Account Deletion
TERM: This Agreement begins on the date you first use the p3d.in Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Accounts may be deleted from the p3d.in Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months.
TERMINATION FOR BREACH: p3d.in may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if p3d.in determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage p3d.in's reputation and goodwill. If p3d.in deletes your account for the foregoing reasons, you may not re-register for the p3d.in Service. p3d.in may block your email address and Internet Protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by p3d.in will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. p3d.in shall not be responsible for the loss of such content.
6. Content Restrictions
You may not upload, post, or transmit (collectively, "submit") any 3D model, video, image, text, audio recording, or other work (collectively, "content") that:
- Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
- Violates any law.
7. Code Of Conduct
In using the p3d.in Service, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute "spam";
- Collect information about others; or
- Advertise or solicit others to purchase any product or service within the p3d.in Site.
p3d.in has the right, but not the obligation, to monitor all conduct on and content submitted to the p3d.in Service.
8. Licenses Granted By You
Models
LICENSE TO P3D: As between you and p3d.in, you own the 3D content ("models") that you submit to the p3d.in Service. By submitting a model, you grant p3d.in and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your model for the purpose of displaying the model within the p3d.in Service; displaying the model on third party websites and applications through a model embed subject to your model privacy choices; allowing other users to view, download, and embed on third party websites the model, subject to your model privacy choices; promoting the p3d.in Service, provided that you have made the model publicly available; and archiving or preserving the model for disputes, legal proceedings, or investigations.
LICENSE TO OTHER USERS: You further grant all users of the p3d.in Service permission to view your models for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the models solely to the extent necessary to view the models.
DURATION OF LICENSES: The above licenses will continue unless and until you remove your models from the p3d.in Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed models may be cached in search engine indices after removal and that p3d.in has no control over such caching.
Non-Model Content
As between you and p3d.in, you own all non-model content that you submit to the p3d.in Service. You grant p3d.in and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-model content. In addition, you waive any so-called "moral rights" in your non-model content. You further grant all users of the p3d.in Service permission to view your non-model content for their personal, non-commercial purposes. If you make suggestions to p3d.in on improving or adding new features to the p3d.in Service, p3d.in shall have the right to use your suggestions without any compensation to you.
9. Your Representations And Warranties
For each piece of content that you submit, you represent and warrant that: you have the right to submit the content to p3d.in and grant the licenses set forth above; p3d.in will not need to obtain licenses from any third party or pay royalties to any third party; the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and the content complies with this Agreement and all applicable laws.
10. Indemnification
You will indemnify, defend, and hold harmless p3d.in and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: arise from your activities on the p3d.in Service; assert a violation by you of any term of this Agreement; or assert that any content you submitted to p3d.in violates any law or infringes any third party right, including any intellectual property or privacy right.
11. Third Party Copyrights And Other Rights
p3d.in respects the intellectual property rights of others. If you believe that your copyright has been infringed please send us a notice at support@p3d.in.
p3d.in provides the p3d.in Service on an "as is" and "as available" basis. You therefore use the p3d.in Service at your own risk. p3d.in expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, p3d.in makes no representations or warranties:
- That the p3d.in Service will be permitted in your jurisdiction;
- That the p3d.in Service will be uninterrupted or error-free;
- Concerning any content submitted by any member;
- Concerning any third party's use of content that you submit;
- That any content you submit will be made available on the p3d.in Service or will be stored by p3d.in; or
- That the p3d.in Service will meet your business or professional needs;
- That p3d.in will continue to support any particular feature of the p3d.in Service.
- Concerning sites and resources outside of the p3d.in Service, even if linked to from the p3d.in Service.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by p3d.in on the p3d.in Site or a written amendment signed by an authorized representative of p3d.in. A revised Terms of Service will be effective as of the date it is posted on the p3d.in Site.