Terms and Conditions

Welcome to the Open3DSea website. The following terms and conditions govern your access to and use of the website.

TERMS OF USE REGARDING SELLING 3D MODELS AND 3D PRINTING MODELS

By uploading a Product on the Site and offering them for Sale or free download, the Seller accepts the terms herein. By purchasing or downloading Products on the Site, the Buyer accepts the terms herein.

Member’s Rights, Obligations and Representations of the Seller:

• 1. Seller’s may only upload Content they own or otherwise have the right to use and upload. Open3DSea does not own any Content uploaded by Members.
• 2. By uploading a Product, the Seller shall be deemed to represent that such Product and use of this Product permitted by General Terms does not infringe the intellectual property of any other party and that the Seller had obtained all necessary model or property releases for use and licensing of the Product. All Members should consult their own legal advisors to determine whether a particular model or property release form and (or) any applicable contract is suitable or necessary for uploading particular Product or for a particular use of a Product, or whether such use is a fair use. Sellers should understand that licenses of Product without a release attached may be negatively impacted, if a release is deemed necessary by Buyers or their legal advisors.
• 3. Sellers may not upload Product or add Content that violates any international or domestic law, statute, ordinance, or regulation. Content cannot be defamatory, libelous, pornographic, obscene, offensive or evocative of racial hatred of any kind, and cannot contain any viruses, spam, malware or other programming routines that detrimentally interfere with computer systems or data.
• 4. Sellers should keep a backup of their own uploaded Products at all times. Sellers’ files uploaded to the Site cannot be used as a backup source.
• 5. For any Product/Content uploaded to the Site or otherwise submitted to Open3DSea, the Seller grants and represents that he has the authority to grant to Open3DSea a non-exclusive, worldwide, royalty-free, license in any medium now known or hereinafter invented to:
  • – reproduce, sell, and distribute net proceeds from any sale, in whole or in part on Seller’s behalf;
  • – to publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes;
  • – create and use samples of the Product for the purpose of advertising, demonstrating or promoting Seller products or services or those of Open3DSea;
  • – use the Products for the purposes of researching, creating, developing and testing new Open3DSea tools, technologies or methods related to 3D modeling.
• 6. Seller retains ownership of the copyrights and all other rights in the Product, uploaded to the Site, subject to the non-exclusive rights granted to the Open3DSea and the Buyer. Seller is free to grant similar rights to others during and after the term of this General Terms.
• 7. By uploading a Product to the Site, the Seller represents and warrants that:
  • – the Product is his original work, and contains no copyrighted material of any kind that Seller is not the exclusive owner of;
  • – Seller has full right and power to enter into and perform this agreement;
  • – the Product does not and will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
  • – the Product does not and will not violate any law, statute, ordinance or regulation;
  • – the Product does not contain any material that, as a condition of use, requires additional license restrictions.

Rights, Obligations and Representations of the Buyer

1. The Buyer may not use the Product, downloaded from this site in a manner that infringes the intellectual property of any other party. The Buyer may not reverse engineer any Product and must abide by the terms of the license granted to the Buyer under this General Terms, as well as any additional Seller terms included with the Product.
2. The Buyer may not perform automated mass download (crawling) technique for gaining access to Products which are offered as a free download. The Buyer may not use Products which are offered as a free download for machine learning or training neural networks purposes.
3. Following the payment of any applicable license fee for any Product, the Buyer may download the Product from the Site and use it in accordance to the applicable license terms. The Buyer must ensure that any use of the Product is compliant with all applicable laws and regulations and does not infringe upon the rights of third parties.
4. Prior to concluding the contract the Buyer shall give express content of waiving his or her 14-day right of withdrawal regarding the digital content (the Product).
5. When Buyer intends to order and buy products in bulk, Open3DSea may help Buyer manually complete the process of purchase at the Site required to effect the Sale of Products (e.g. to add Products to shopping cart in bulk).

TERMS OF LICENSE AGREEMENT BETWEEN THE SELLER, OPEN3DSEA AND THE BUYER

General Terms of Licensing

• 1. Following the payment of any applicable license fee for Product, the Buyer acquires a license in accordance with the terms and conditions of this section. Any license rights relating to the Product are contingent upon the transfer of money (except for the free Products) from the Buyer to Open3DSea. All license rights terminate immediately and without notice if a sale is reversed for any reason.
• 2. Upon uploading the Product to the Site, the Seller shall indicate the terms of license, upon which a respective Product is licensed to the Buyer. If the Seller does not indicate any licensing conditions in his posting, terms of Royalty Free license shall be applicable.
• 3. Certain Products with third party copyrighted or trademarked images, logos, brand names, etc., may require additional licensing, rights, permissions, releases, or clearance for use. It is the sole responsibility of the Buyer and their legal advisor to determine, before purchasing, downloading or using any Product, whether additional licensing is required.
• 4. Buyers do not own any Product and are only licensed to use it in accordance with terms and conditions of the applicable license. Unless explicitly provided for in custom license terms set forth in the special area “Custom license terms” provided by Open3DSea in the Product description section of the Site, the Seller retains copyright in Products purchased or downloaded by any Buyer.
• 5. The license to use the Product is non-exclusive, non-transferable and is granted only to the original Buyer.
• 6. Any Product, returned to Open3DSea and (or) the Seller in accordance with applicable law for whatever reason must be destroyed by the Buyer immediately. The license to use any Product is revoked at the time Product is returned.
• 7. By using the Site and (or) accepting this agreement the Seller agrees that any additional end user license agreements, licenses, custom licenses, or Seller requirements inserted into Seller Products in any area outside that explicitly provided by Open3DSea for additional license terms are invalid.
• 8. Nothing in this agreement shall be construed to mean that a Seller may not submit or delete Content from the material submitted by such Seller as part of general maintenance of such Seller’s account.