3dinfinite Terms of Use

Last updated: 6 October 2020

By accessing or using 3dinfinite, you agree to be legally bound by these Terms. Please read the Terms carefully. If you do not agree with one or more provisions of these Terms, you should not use 3dinfinite.

Contents of the Terms

1. GENERAL INFORMATION

2. THE USER ACCOUNT

3. THE MODELS
4. FEES, PAYMENTS, DELIVERY, AND RETURNS
5. ACCEPTABLE USE POLICY

6. OUR INTELLECTUAL PROPERTY

7. AVAILABILITY

8. DISCLAIMER OF WARRANTIES

9. LIMITATION OF LIABILITY
10. INDEMNIFICATION
11. SEVERABILITY
12. GOVERNING LAW AND DISPUTES
13. MISCELLANEOUS
14. CONTACT

1. GENERAL INFORMATION

1. These 3dinfinite Terms of Use (the “Terms”) is a legally binding agreement between the owner and operator of the website 3dinfinite.com and the related services (collectively, “3dinfinite”), namely, 3D Universe s.r.o. having a registered business address at Sumperk, Pod Senovou 2245/40, 78701, the Czech Republic and the company ID  09040269 (“we”, us” and “our”) and an individual user or entity (“you”, “your”, “user”) accessing 3dinfinite.
2. About 3dinfinite. 3dinfinite is an e-commerce platform that allows you to purchase digital 3D models (the “Models”) offered by registered 3D artists (the “Artists”).  
3. License to use 3dinfinite. We grant you a personal, revocable, non-exclusive, non-transferable and limited license to use 3dinfinite pursuant to these Terms. You are not allowed to use 3dinfinite in countries where it may be restricted or prohibited by local legislation.

1. Minors. 3dinfinite is not marketed and should not be used by persons under the age of 18.
2. Disclaimer. All information provided on 3dinfinite is for general information purposes only; it does not constitute technical or expert advice. Although we regularly monitor 3dinfinite, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of any information available on 3dinfinite.
3. Third-party content. 3dinfinite may contain links to websites, services, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, websites, information, and the security and privacy practices deployed by those third parties. Please exercise your due diligence before clicking on any third-party links.

1. Support. Any requests for customer or technical support should be addressed to us by email at info@3dinfinite.com.
2. Privacy and other relevant terms. The documents that include important provisions regarding your use of 3dinfinite and should be read and interpreted together with these Terms, are:

• Our privacy policy available at 3dinfinite.com/privacy-policy, which describes in detail how we handle your personal data collected through 3dinfinite (the “Privacy Policy”);
• Our cookie policy available at 3dinfinite.com/cookie-policy, which provides information on our cookie usage practices; and
• Other individual terms and conditions made available by us on 3dinfinite.

2. THE USER ACCOUNT

1. Registering User Account. In order to access the full functionality of 3dinfinite, including purchasing and selling the Models, you must create a user account on 3dinfinite (the “User Account”), accept these Terms, and review the Privacy Policy. We reserve the right, at our sole discretion, to refuse to register any User Account for any reason. By registering your User Account, you acknowledge, agree and warrant that:

• You are a human and not a machine (User Accounts that are registered by machines, bots, and other automated methods are not permitted);
• You are at least 18 years old;
• You can conclude legally binding contracts with us;
• You will comply with these Terms and all applicable local, state, national and foreign laws, treaties, and regulations in connection with your use of 3dinfinite;
• You will provide only true, accurate, complete, and up-to-date personal data;
• You will register no more than one User Account; and
• You will be solely responsible for all information and activities that occur under your User Account.

2. Types of User Accounts. Each type of the User Account may be subject to additional terms and conditions. The following User Accounts are available on 3dinfinite:

• Admin User Account;
• Editor User Account;
• Artist User Account;
• Interior Designer & Architect User Account; and
• Manufacturer User Account.

2. Personal data provided through the User Account. The collection and use of your personal data submitted through your User Account is subject to our Privacy Policy. Before registering your User Account, you will be asked to review the Privacy Policy. Please note that we will process personal data for the purposes explicitly listed in the Privacy Policy only.
3. Security of the User Account. You are solely responsible for maintaining the confidentiality of your User Account, including handling your login details and passwords in a secure manner. You further agree to immediately notify us about any allegedly unauthorised use of your User Account or any other security breach related to your User Account. You are responsible for using secure Internet connection and protected networks when accessing 3dinfinite. We cannot and will not be liable for any loss or damage resulting from your failure to comply with these security obligations.
4. Deactivation of the User Account. At any time, you may deactivate your User Account through the settings of your User Account. Upon deactivation of the User Account, these Terms shall terminate.
5. Suspension and termination of User Account. We reserve the right to suspend or terminate your User Account if, at our sole discretion, we have grounds to believe that your use of 3dinfinite seriously and repeatedly breaches these Terms. We may also suspend or terminate your User Account upon a lawful request of a public authority.
6. Assignment of the Account. You are not allowed to assign your rights under these Terms and your User Account is not transferable.

1. THE MODELS

1. The Models are created, uploaded, and offered on 3dinfinite by the Artists. We reserve the right, at our sole discretion, with or without prior notification to the Artist, to make amendments to the Models.
2. The Models featured on 3dinfinite are licensed and not sold. By concluding a service contract through 3dinfinite, you obtain a license to use the respective Model (the “License”), subject to the Terms and not ownership of the Model. The License is non-exclusive, personal, non-transferable, worldwide and revocable. The License is valid during the term of the Terms; the termination of the Terms shall result in the revocation of the License.
3. Permitted use of the Models. Under the License, you are permitted to:

• Record the Models on an electronic media (e.g., a flash drive, hard disk, CD, or DVD) for your use;
• Create material or digital objects on the basis of the Models (the “Objects”);
• Recreate the Models in a material or digital form for the purpose of creating the Objects;
• Use the Objects through any available media;
• Resell, rent, and lease the Objects;
• Grant rights to the Objects;
• Donate the Objects;
• Publicly display the Objects;
• Use the Models and the Objects in all types of advertising;
• Import and export the Models and the Objects to other countries;
• Use the Objects anonymously;
• Make changes, additions, abbreviations, provide illustrations to the Models and the Objects; and
• Use the Models and the Objects for commercial and non-commercial purposes.

4. Prohibited use of the Models. Under the License, you are not permitted to:

• Sub-license the Models;
• Grant rights to third parties to use the Models;
• Make available to public the Models in their original form through the Internet or any other means, digitally or materially;
• Allow third parties to access and use the Models;
• Sell, donate, or rent the Models or electronic media containing the Models (e.g., hard drives or flash drives);
• Include the Models in databases or catalogues;
• Distribute the Models without your own creative input;
• Create your own 3D models on the basis of the Models;
• Use the Models to create trademarks and service marks;
• Use the Models for any defamatory, pornographic, obscene or racist purposes;
• Impersonate the author of the Model;
• Use the Models in any manner that undermines the honour, dignity or reputation of others; and
• Use the Models in contrary to the applicable law, including intellectual property rights of others.

5. Some Models may contain images, trademarks, service marks, logos, and other forms of intellectual property that may be subject to additional license requirements and terms of use imposed by the Artists. You agree to comply with any Model-specific terms.
6. The Models may be available in limited sizes and quantities. The Models are available as long as they are displayed on 3dinfinite. We use reasonable efforts to display colours, images, and other specifications of the Models accurately. However, we cannot guarantee that the screen of your computing device will display the colours and images of the Models accurately. Although we use reasonable efforts to ensure the quality the Models, we cannot warrant that the quality of the Models will meet your expectations.
7. By placing your orders for the Models, you acknowledge and agree that:

• The information displayed on 3dinfinite with regard to the Models is provided by the Artists and, therefore, we are not responsible for any inaccuracies related thereto;
• You are responsible for examining the Models immediately after receiving them and, if the Models do not correspond to the description of the Models provided on 3dinfinite or are defective in any way, you agree to immediately notify us of the same; and
• You agree to follow any and all instructions we or the Artists provide with the Models.

8. We reserve the right, but are not obliged, to:

• Limit the sale of the Models for any person, geographic region or jurisdiction and may exercise this right on a case-by-case basis;
• Limit the quantities of the Models for sale;
• Change the descriptions of the Models or the Fees at any time with or without prior notice; and
• Discontinue the Models at any time.

9. By purchasing the Models through 3dinfinite, you acknowledge and agree that the Models are created and offered through 3dinfinite by the Artists and the Artists are solely responsible for the Models. Therefore, for any specifics related to the Models, you are requested to contact the respective Artist directly.
10. We will not be liable for any direct, indirect, consequential or inconsequential loss or damage that results from the Models, and any purchase transactions, or interaction between the users of 3dinfinite.
11. The Artists are solely responsible for:

• Ensuring that they are qualified in offering the Models through 3dinfinite;
• Paying all applicable taxes, levies, duties, and other fees associated with the Models sold through 3dinfinite; and
• Cooperating with us in any audits by providing information and records about the the Models, invoices, tax returns, and other financial reports issued with regard to the Models sold through 3dinfinite.

12. You are solely responsible for carrying out appropriate checks regarding the Artists, including their relevant trade and industry accreditations, qualifications, legal authorizations, and the scope of insurance prior to purchasing the Models. None of the references provided by us or the users of 3dinfinite (e.g., reviews, comments, or ratings) represent endorsement, certification or guarantee about any user, as well as the information or services provided by that user.
13. We are not responsible for any disputes that arise between the users of 3dinfinite, nor are we obliged to receive or process, complaints against the users of 3dinfinite or resolve disputes between the users of 3dinfinite, unless the complaint concerns the performance of our legal or contractual obligations under these Terms.

2. FEES, PAYMENTS, DELIVERY, AND RETURNS

1. The Fees. The purchase of the Models is subject to the applicable fees (the “Fees”) payable by you in accordance with the schedule of the Fees available on the  respective webpage of each Model. The Models can be purchased by paying the Fees directly or obtaining credits to purchase the Models. Please note that there are minimum amount requirements for obtaining the credits. By concluding a service contract with us (i.e., placing your order), you agree to pay the Fees in accordance with these Terms, the terms and conditions of the respective Fees, and other terms and conditions in force at the moment the service contract is concluded. The Fees are indicated in the United States dollars (USD) and remain valid for as long as (i) they are indicated on 3dinfinite or (ii) as communicated by us. The Fees are subject to a change without a prior notice. Any changes to the Fees will be made available to you and, if necessary, we will request you to provide consent to the amendments of the Fees.
2. Taxes. Unless indicated otherwise, the Fees include VAT and all other taxes, levies, and duties imposed by taxing authorities. We are not responsible for covering any Internet service fees, surcharges, and other amounts incurred as a result of your use of 3dinfinite and you are solely responsible for covering such costs.  
3. Payment. All payments related to 3dinfinite are processed by our third-party payment processors Stripe and PayPal (the “Payment Processors”). When you make a payment on 3dinfinite, the Payment Processors collect some personal data from you which allows them to make the payments (e.g, your credit card number, expiration date, billing address, and security codes). The Payment Processors handle all steps in the payment process through their systems, including data collection and data processing. We do not have direct access to your payment information. You are responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. You agree not to hold us liable for payments that do not reach us because you have quoted incorrect payment information or the Payment Processors refused the payment for any other reason.
4. Technical steps to conclude a service contract. If you would like to conclude a service contract with us, you need to: (i) visit 3dinfinite; (ii) register your User Account by submitting the requested personal data; (iii) add the chosen Model to your shopping cart; and (iv) provide the required payment information and personal data. You will be able to identify and correct any input errors prior to clicking on the “Pay” button. After you click on the “Pay” button, we will send a confirmatory email informing you about your order. By clicking on the “Pay” button and receiving a confirmatory email, you conclude a service contract in English with us on the basis of these Terms. The details of the specific service contract will not be filed by us and, therefore, the specific contract will not be available to you. However, if you do require any information regarding the order, you can consult your User Account or contact us directly.
5. Right of withdrawal. We respect consumer rights and comply with the applicable consumer protection laws. If you use 3dinfinite as a consumer (i.e., a person acting wholly or mainly outside the scope of trade, business, or profession), you have the right to withdraw from the service contract with us within the period of 14 days after you have received the Model without providing any reason to us. In order to  exercise your right of withdrawal and receive a refund, you must inform us of your decision to withdraw from the contract by email at info@3dinfinite.com before the 14-day period expires. You may use the model withdrawal form in Section 4.8, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
6. Exceptions from the right of withdrawal. Your right of withdrawal does not apply in the following cases:

• If you use 3dinfinite as a non-consumer (a ‘consumer’ is any natural person who is acting for purposes which are outside his trade, business, craft or profession); or
• If the contract has been fully performed (if the contract has not been fully performed, we reserve the right to charge you proportionally);
• The Models are made to your specifications or are clearly personalised;
• We have a reason to believe that your request for withdrawal is abusive (e.g., due to repetitive requests received from the same person). We do not tolerate any abuse of 3dinfinite. In order to prevent abuse of these Terms and 3dinfinite, we reserve the right to refuse future services to (i) a customer who seeks multiple refunds and (ii) a customer who has violated these Terms.

1. Effects of withdrawal. If you qualify for the withdrawal, we shall reimburse to you the Fees without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the service contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

1. Model withdrawal form. — To: 3dinfinite Email: info@3dinfinite.com — I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*), — Ordered on (*)/received on (*), — Name of consumer(s), — Address of consumer(s), — Signature of consumer(s) (only if this form is notified on paper), — Date (*) Delete as appropriate.
2. Delivery. We will arrange for the Models to be delivered to the email address that you specify during the checkout process. The estimated delivery times remain subject to change at our sole discretion. Please note that the delivery times are estimates only and may depend on various factors that we may not be able to control. If you have not received your Models during the specified delivery times, please contact us and we will look into your order.
3. Delivery failure due to your fault. If we are unable to deliver your Models and such a failure occurs due to your fault (e.g., you have provided a wrong email address), we may, but have no obligation to, agree to arrange for re-delivery of the Models.
4. Faulty Models. If you find that the Model that you have received is faulty, you can, within 14 days from the day you received the said Model:

• Request a reduction of the Fees, which we may or may not agree to at our sole discretion; or
• Request to replace the Model with the same non-faulty Model or similar Model; or
• Request a refund.

1.  Payouts to the Artists. If you use 3dinfinite as the Artist, you are entitled to receive commission for each Model uploaded by you and sold through 3dinfinite (the “Commission”). The Commission rates and the payment terms related thereto are made available on 3dinfinite or communicated to the Artists personally. The Artist hereby acknowledges and agrees that: (i) any payment made with regard to Artist’s Models through 3dinfinite shall be considered as payment by the user directly to the Artist; (ii) the Artist will not charge the user any additional fees for the purchased Models, unless agreed otherwise between the user and the Artist; (iii) we accept payments from the users as Artist’s limited payment collection agent; (iv) our obligation to pay the Artist is subject to and conditional upon successful completion of the sale transactions related to the Models and receipt of the associated payments of the Fees; and (v) we are not responsible for transferring the Artists the funds that have not been successfully obtained from the users. After Artist’s Model is sold, we will transfer the Commission generated by the Artist to the Artist Account without undue delay. The Commission can be withdrawn by the Artist from the Artist Account to the Artist’s bank or PayPal account by using a third-party payment processor. The Artists are responsible for paying any and all applicable transfer costs charged by the payment processor.

1. USER-GENERATED CONTENT

1. You may submit the Models, reviews, comments, texts, photos, and other content (the “User-Generated Content”) on 3dinfinite. Please note that the User-Generated Content may become publicly available. Therefore, we request you to: (i) exercise your due diligence when submitting the User-Generated Content on 3dinfinite; (ii) not to make publicly available any sensitive information; and (iii) make sure that, by submitting the User-Generated Content on 3dinfinite, you comply with these Terms.
2. The User-Generated Content does not belong to us. By submitting the User-Generated Content on 3dinfinite, you grant us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use, distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works of, and reproduce the User-Generated Content for the purposes of carrying our legitimate business interests.
3. You agree not to submit the User-Generated Content that violates these Terms or any applicable laws, including intellectual property rights of others.
4. You agree to keep a backup copy of the User-Generated Content at all times. The User-Generated Content uploaded to 3dinfinite cannot and shall not serve as such a copy.
5. You understand and agree that, in order to ensure the security of 3dinfinite, we may, but have no obligation to, monitor or review the User-Generated Content. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove the User-Generated Content, in whole or in part, that violates these Terms or may harm the reputation of 3dinfinite. However, you remain solely responsible for your User-Generated Content.
6. You are not allowed to make publicly available personal data of persons who have not provided you with their prior authorisation or consent to share that personal data (e.g., you cannot publish name and contact details of a person who has not allowed you to do so) through the User-Generated Content.
7. The User-Generated Content includes your personal views and recommendations. The User-Generated Content does not reflect our views, recommendations, endorsement, or any commitments related thereto.
   

2. ACCEPTABLE USE POLICY

1. When using 3dinfinite, you are required to follow our acceptable use policy outlined in this Section 6. Please be advised that we work closely with law enforcement and we report any inappropriate content that may infringe applicable laws.
2. You are not permitted to use 3dinfinite in any manner, including uploading the Models, that substitutes or contributes to the following activities (the list is representative and not exhaustive):

• Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
• Infringement of intellectual property of any other party;
• Fraud;
• Provision of false, inaccurate, or misleading information;
• Posting of the User-Generated Content that depicts, links to, or incites others to commit acts of violence;
• Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;  
• Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
• Spreading ethnically, racially, or otherwise objectionable information;
• Sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
• Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
• Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening 3dinfinite;
• Interfering with or abusing other users of 3dinfinite;
• Using bots, scripts, and other automated methods; and
• Collecting and disclosing any information about the users of 3dinfinite.

3. Reporting inappropriate content. If you think that some of the content available on 3dinfinite is inappropriate, infringes these Terms, applicable laws, or your or third party’s right to privacy, you are requested to contact us immediately at info@3dinfinite.com.
4. By Uploading the Models to 3dinfinite, the Artist represents and warrants that:

• The Model is Artist’s original work and the Model does not contain any copyrighted materials that the Artist does not have the right to use;
• The Artist has the full right and authorisation to accept these Terms;
• The Model shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights; and
• The Artist will submit only true, accurate, complete and up-to-date information and factual assertions about the Models. Upon our request, the Artist agrees to provide evidence or effectuate Artist’s rights under these Terms.

1. OUR INTELLECTUAL PROPERTY

1. Our Content. Most of the content made available by us on 3dinfinite, excluding the User-Generated Content, is owned by us, our partners, agents, licensors, vendors, and/or other content providers (“Our Content”). Our Content includes, but is not limited to, text, images, audiovisual content, source code, trademarks, service marks, and trade names. Our Content is protected by the applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorisation from us, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease or attempt to grant other rights to Our Content to third parties, or use any manual or automated means to scrap any content available on 3dinfinite.
2. Third-party intellectual property. Some of the intellectual property assets, such as the User-Generated Content and trademarks featured on 3dinfinite may be owned by the users of 3dinfinite and other third parties. Such third-party intellectual property does not belong to us and it remains the sole property of the respective third-party proprietors.
3. Fair use policy. In the US and other countries, it may be possible to reuse materials protected by copyright without obtaining permission from a copyright holder under certain circumstances (‘fair use’). Such fair use is determined on a case-by-case basis and different rules may apply in different countries. For example, copyright-protected works used for teaching, commentary, criticism, news, or research may fall within the scope of fair use and, therefore, you may not need authorisation to use such works on 3dinfinite. We strongly recommend consulting a qualified lawyer to seek advice and make prior assessment of your materials that you intend to use on 3dinfinite under the fair use doctrine. We do not provide advice or assessments regarding the User-Generated Content or fair use policies applicable to you.
4. Copyright infringement claims (DMCA Policy). We respect intellectual property rights. If you have any grounds to believe that any content made available through 3dinfinite violates your or third party’s intellectual property rights, please contact us by email.  In order to write a proper copyright infringement notice, please perform the following steps:

• Identify with sufficient detail the copyrighted work that you believe has  been infringed;
• Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Provide us with information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
• Add the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law”;
• Add the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorised to act on behalf of the owner of an exclusive right that is allegedly infringed”;
• Sign the document; and
• Send the document to us by email or post (our contact details are available at the end of the Terms).
• Please note that you will be liable for damages, including costs and attorney’s fees, if you materially misrepresent that material is infringing your copyright(s). Therefore, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may need to consult a lawyer.

5. Copyright counter-notification (DMCA Policy). If your content is removed due to operation of our notice and takedown procedure described above and you believe the takedown was improper, you may file a counter-notification by email or regular mail (our contact details are available at the end of the Terms). We would like to inform you that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that the takedown was improper. Therefore, in order to assess the takedown, you may need to consult a lawyer. To write a proper counter-notification, please perform the following steps:

• Identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• Specify your name, address, and telephone number;
• Include the following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which you are located]”;
• Include the following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
• Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”;
• Sign the document; and
• Send the written communication to us by email or post (our contact details are available at the end of the Terms).

1. AVAILABILITY

1. We put reasonable efforts to ensure that 3dinfinite is always accessible. However, the availability of 3dinfinite may be affected by factors, which we cannot reasonably control, such as bandwidth problems, equipment failure, acts and omissions of our third-party service providers, or other force majeure events. We take no responsibility for the unavailability of 3dinfinite caused by such factors.

1. DISCLAIMER OF WARRANTIES

1. We provide 3dinfinite on “as available”, “as is”, and “with all faults” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of 3dinfinite, any content featured on 3dinfinite, whether provider by us or by third parties, and hereby disclaim all warranties regarding 3dinfinite and its operation.
2. It is your sole responsibility to verify and assess the fit for the purpose of 3dinfinite prior to using it and to decide whether or not 3dinfinite fits for the intended use.
3. By using 3dinfinite, you acknowledge that we may use third-party suppliers to provide the Models and software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
4. Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.

1. LIMITATION OF LIABILITY

1. Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of 3dinfinite, the Models, any content made available through 3dinfinite, whether provided by us or by third parties, or any transactions concluded outside 3dinfinite or as a result of 3dinfinite. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.
2. We will not be liable to you for any direct, indirect or consequential losses, which may be incurred by you in relation to 3dinfinite.
3. We will not be liable for any loss or damage, which may be incurred by you as a result of:

• Any changes which we may make to 3dinfinite, or for any permanent or temporary cessation in the provision of 3dinfinite or any features thereof;
• The deletion of, corruption of, or failure to store the User-Generated Content and other data maintained or transmitted by or through 3dinfinite;
• Your failure to provide us with accurate personal data; or
• Any reliance placed by you on the completeness, accuracy or existence of any content, information, recommendations, or advertising featured on 3dinfinite, or as a result of any relationship or transaction between you and third parties.

4. This Section 10 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

2. INDEMNIFICATION

1. You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of 3dinfinite, or your violation of any law or the rights of a third party.

3. SEVERABILITY

1. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.

4. GOVERNING LAW AND DISPUTES

1. Governing law. These Terms shall be governed and construed in accordance with the laws of the Czech Republic, without regard to its conflicts of law provisions.
2. Jurisdiction. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the courts located in Czech Republic shall have the jurisdiction.
3. Alternative dispute resolution (ADR). ADR body acts as an independent middleman between an Internet service provider and a customer when an initial complaint cannot be resolved. You do not need (but may opt for) legal assistance or representation to take your case to an ADR scheme. The ADR body investigates complaints by looking at consumer’s and Internet service provider’s arguments and comes to a decision it deems to be fair. More information on the online ADR platform provided by the European Commission (for traders and consumers based in the European Union) is available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage .
4. This section 13 does not affect any statutory rights that you are entitled to as a consumer.

5. MISCELLANEOUS

1. Term and termination. The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us, you delete your User Account or stop using 3dinfinite.
2. Amendments. We reserve the right to modify these Terms at any time, effective upon posting of an updated version on 3dinfinite. Such amendments may be necessary due to the changes in the requirements of laws, regulations, new features of 3dinfinite, and our business practices. We will send you a notification (if we have your email addresses) about any material amendments to the Terms that may be of importance. Your continued use of 3dinfinite after any changes shall constitute your consent to such changes. We also reserve the right to modify the services provided through 3dinfinite at any time, at our sole discretion.
3. Breach of the Terms. If we believe, at our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we may:

• Send you a formal warning;
• Temporarily or permanently prohibit your use of 3dinfinite;
• Report you to the relevant public authorities; or
• Commence a legal action against the you.

4. Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by and stopping to use 3dinfinite.

4. Merger or acquisition. In the event 3dinfinite, during the term of these Terms, is  acquired, merged, or sold, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.
5. Entire agreement. These Terms, together with the documents referred to therein, represent entire agreement between you and us regarding your relationship with us and govern your use of 3dinfinite.

6. CONTACT

Any of your questions and notices regarding these Terms should be sent to us by using the following contact details:

Email: info@3dinfinite.com

Postal address: 3D Universe s.r.o., Sumperk, Pod Senovou 2245/40, 78701, the Czech Republic

VAT number: CZ09040269