Terms and Conditions - Renderee 3D

THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. PLEASE READ THEM CAREFULLY BEFORE USING THE SERVICES OF RENDEREE.

Terms and conditions to use RENDEREE.COM website and its services are set forth in two documents:

1. General Terms and Conditions

2. Privacy Policy

DEFINITIONS

1. Buyer – member, who purchases Products or downloads Products that are available free of charge from the Site;

2. Renderee – brand and renderee.com website owned by ZDROWE MIASTO FOUNDATION, TIN 9662099692, Address – Zielona st. 2/27, Ciasne, Poland.

3. Content – any material published at the Site including but not limited to wire files, models, textures, motion files, collections, packages, materials, frequently asked questions, words, images and any other information.

4. General Terms – this General Terms and Conditions in its entirety and including all terms and (or) information, accessible via any links, provided in this document.

5. Member – any person who creates a user account at the Site.

6. Product – any Content, uploaded by Renderee to the Product section of the Site and thus offered by Renderee to the potential Buyers for purchase or free download.

7. Site – renderee.com website.

9. Privacy Policy – collection and process of personal data, available here.

GENERAL TERMS OF USE OF THE SITE

1. License to Use This Site

1.1. This agreement will become effective upon Creating Account and will remain in effect for the duration of your Account. To register for an Account, you must be and hereby represent that you are a legal entity or an individual 18 years or older who can form legally binding contracts. When Buyer makes a purchase without creating an account (guest check-out), the Agreement becomes effective and binding upon completion of the sale.

1.2. This Site is protected by copyright law and international treaty. You are allowed to use the Site for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by Renderee or unless it is expressly indicated otherwise.

This right to use this Site constitutes a license, not a transfer of title, and you may not nor permit anyone else to:

– modify the Site or use it for any commercial purpose or public display, performance, sale or rental;

– de-compile, reverse engineer, or disassemble, modify the Site, create derivative works based on the information, published on the Site;

– remove any copyright or other Renderee proprietary notices;

– mine, hack, spider, or survey the Site;

– copy any proprietary information or ideas from the Site;

– transmit spam, bulk or unsolicited communications;

– pretend to be Renderee or someone else, or spoof Renderee or someone else’s identity or spoof the Site;

– forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content, published on the Site;

– misrepresent your affiliation with a person or entity;

– disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other Site users’ ability to use the Site;

– engage in activities that would violate any fiduciary relationship, any applicable local, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm;

– collect or store personal data about other users unless specifically authorized by such users;

– collect or store Site data for any other purpose except as explicitly allowed herein.

1.3. You agree to prevent any violations of these General Terms, including the licensing terms for the Site. Any violation of these General Terms can lead to account cancellation and a revocation of all licenses.

2. Site Ownership

2.1. All information on the Site is copyrighted proprietary material of Renderee and (or) Members and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Renderee’s prior permission. Except as expressly provided herein, Renderee and its suppliers do not grant any express or implied right to you under any patents, registered design, copyrights, trademarks, or trade secret information of Renderee.

Renderee’s logos, slogans trademarks whether registered or unregistered may not be used without Renderee’s specific written consent to do so.

3. Members

3.1. In consideration of your use of the Site, you agree to:

– provide accurate, current, and complete Member account information about you as may be prompted by the registration and/or login form on the Site (the “Registration Data”);

– maintain the security of your password and identification;

– maintain and promptly update the Registration Data, and any information you provide to Renderee, to keep it accurate, current and complete;

– accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Site.

3.2. You are responsible for all activity that takes place under your Member user ID. It is your responsibility to maintain the confidentiality of your user ID and password.

3.3. By signing up to this Site you agree to register using a valid email address that you are entitled to use and that is not hosted by any temporary email service.

3.4. Renderee may provide interactive areas (such as blogs, etc.) the content of which are not confidential. Members should exercise the utmost discretion before providing any personal information on these interactive areas of the Site. Users of interactive areas are solely responsible for the content and consequences of anything they post. Renderee will have no liability for content and consequences of such postings.

3.5. Renderee may terminate or deactivate the membership of any person or entity for any reason at any time without notice.

3.6. This Site may not be accessed or used by any person, entity or group that have been designated for sanctions under the economic sanctions laws, regulations and orders taken by the European Union, the United States and other countries. Your access and use of the Site constitutes your express representation that you are not subject to any trade sanction or embargo, including, but not limited to, by virtue of your designation for sanctions and inclusion on: (i) the Specially Designated Nationals List maintained by the U.S. Department of the Treasury, Office of Foreign Assets Control; (ii) any list of persons, entities and bodies subject to restrictive measures implemented by the European Union; or (iii) any UN Security Council resolution identifying sanctioned or restricted parties. You shall be fully liable to the full extent of the law for any violations of this paragraph, and you hereby agree to defend, indemnify and hold Renderee harmless from and against any and all such damages and liability.

4. Content
Renderee claims ownership of the Content placed on the Site.

5. Privacy and Security
Renderee takes privacy very seriously and shall never sell, share, or otherwise disclose any of personal information to anyone. Information that is collected upon sign up is used only to enhance your experience on the Site and for troubleshooting purposes. The principles of the personal data process are set forth in Privacy Policy.

6. Termination of this License

6.1. Renderee may unilaterally terminate this license for the use of the Site at any time, without any prior notifications, if you are in breach of any of these terms and conditions of use, as judged in the sole discretion of RENDEREE. Termination of this license is in addition to the other rights and legal remedies available to RENDEREE and those rights are reserved. Upon such termination you must immediately destroy all information that you acquired from the Site.

7. Notifications

7.1 All Renderee’s notifications shall be sent via email at the address you provided to Renderee when you created your account or as later updated. You hereby agree and acknowledge that Renderee shall notify you using either of aforementioned notification means at its own discretion and is not responsible to notify you in any other way.

8. Promotions

8.1 Any contests or promotions created by Renderee on the Site may be governed by its own set of official rules, which may have eligibility requirements, such as certain age or geographic area restrictions.

9. Survival

9.1 After General Terms the terms of these agreements that expressly or by their nature contemplate performance after the agreement terminates or expires will survive and continue in full force and effect. For example, the provisions protecting confidential information, protecting intellectual property, indemnification, payment of fees and setting forth limitations of liability each, by their nature, contemplate performance or observance after this agreement terminates.

WARRANTIES AND LIABILITY

10. General Information

10.1. This section contains important information regarding the liability of Renderee that every Member should read carefully and, if necessary, with the appropriate assistance of his legal advisor.

11. WARRANTY

11.1. All the Renderee Products are new, free of physical and legal defects.

11.2. Renderee liability is excluded to the fullest extent permitted by mandatory law.

11.3. Unless mandatory law provides otherwise, the total and complete responsibility for the sale of the Renderee Products, Renderee , including total liability for any damage caused to the Buyer who is an entrepreneur, including damage caused by failure to perform or improper performance of this General Terms is limited to the value of the purchased Renderee Products which connects this responsibility. Any liability, including damage caused by failure to perform or improper performance of the General Terms which connects this responsibility toward the Buyer who is a consumer shall not exceed the actual damages suffered by him.

11.4. The Buyer is entitled to file complaints regarding the sale of Products

11.5. The complaint should be delivered to Renderee via e-mail or otherwise delivered to the Renderee premises eg. by courier or by registered mail.

11.6. Claims will be processed in the order they are received by Renderee.

11.7. Renderee would consider the complaint within 14 days (according to Polish law) from the date of receipt of the complaint. Immediately after considering the complaint Renderee will provide the Buyer with the answers on the complaint. The answer will be sent in the same form in which it was received by Renderee.

11.8. Renderee is liable to the provide who is a Consumer for non-compliance of purchased Renderee Products with this General Terms under the terms of the Act of 30 May 2014 about consumer rights.

11.9. Provisions for warranty for defects of the things do not apply to purchases made by entities conducting business or professional activity within and on the needs of the business.

11.10. The Buyer does not have the right to withdraw or abandon the Transaction after the order on the website of Renderee under Art. 27 of the Act of 30 May 2014 about consumer rights in accordance with the fact that the Transaction relates to the digital content that is not stored on the carrier material and the performance has begun with the express consent of the Buyer before the deadline to withdraw from the contract which the consumer was informed and agreed to by accepting the General Terms.

12. Indemnification

12.1 You agree to indemnify, defend and hold harmless Renderee, its affiliates, and their respective officers, shareholders, partners, representatives, agents and employees from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to or arising from your violation of General Terms, your use or misuse of the Site and (or) Content, or any infringement of any intellectual property or other right as a result of the of Content or your use or provision of the Content. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which you will cooperate with us in asserting any available defenses.

13. Limitation of Liability

13.1 In no event shall Renderee or any of its affiliates, or their respective officers, shareholders, partners, representatives, agents and employees be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this Site or any linked web site or to any Content or other material obtained through this Site, or otherwise arising out your inability to use this Site or any decision made or action taken by you in reliance of any information, advice or materials on this Site, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if RENDEREE has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the Site, even if this remedy fails of its essential purpose. As some jurisdictions do not allow the exclusion or limitation of liability to a certain extent, some of the above exclusions or limitations may not apply to you.

14. Third-Party Web Sites

14.1 This Site may link to, or be linked to, other web sites not maintained by or related to Renderee. These links are provided only as a service to our users and Members. Renderee is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with any linked or linking web site. Renderee has not reviewed all third party web sites and is not responsible for their content, accuracy, or policies. If you link to or retrieve any other pages or web sites it is at your own risk.

15. Other Terms

15.1. Renderee reserves the right at any time to modify, suspend or terminate the services (or any part thereof) provided at the Site, and/or your use of or access to them, with or without notice. Renderee may also delete, or bar access to or use of, all related information and files. Renderee will not be liable to you or any third-party for any modification, suspension, or termination of the Services, or loss of related information. Renderee may amend General Terms and Privacy Policy at any time without notice, as all terms and conditions will be posted on this URL and should be consulted by you prior to use.

15.2. The laws of Poland govern General Terms andPrivacy Policy as well as any other terms of the Site without regard to any choice of laws or conflicts of law provisions. You agree that any lawsuit arising from or related this Site, General Terms or Privacy Policy shall be brought exclusively in courts located in Bialystok, Poland and you consent to the exclusive jurisdiction of such courts. The United Nations Convention for the International Sale of Goods does not apply to this agreement.

15.3. If any provision of this General Terms and Privacy Policy is held invalid, void, or for any reason unenforceable, that provision shall be severed and the remaining condition will remain in force to the fullest extent provided by law.

15.4. Any waiver of any portion of General Terms will be effective only if in writing and signed by an authorized officer of Renderee. This is the entire agreement applicable to Content and your use of the Site.

15.5. Renderee has a right to amend General Terms and Privacy Policy or any other document containing terms and conditions of Renderee services without any prior warning. Such amendments shall be notified to the Members.

15.6. No partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by General Terms.

BUYER‘S RIGHTS, OBLIGATIONS AND REPRESENTATIONS

16.1. 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 terms included with the Product.

16.2. 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.

16.3. 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, including any intellectual property rights.

16.4. 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).

16.5. When Buyer intends to order and buy products in bulk, Renderee 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 RENDEREE AND THE BUYER

17. General Terms of Licensing

17.1. 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 Renderee. All license rights terminate immediately and without notice if a sale is reversed for any reason.

17.2. 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, rights, permissions, releases, or clearance are necessary for the intended use of Product. It is the Buyer’s sole responsibility to obtain any licensing, rights, permissions, or clearance. Buyers should understand additional licensing, rights, permissions, releases, or clearance may be relevant for Product, if the intended use involves religious groups or affiliations, pharmaceuticals, health care, tobacco, liquor, adult entertainment, personal hygiene, birth control, or any other area that could be considered sensitive, offensive, or immoral.

17.3. 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 Renderee in the Product description section of the Site, the Renderee retains copyright in Products purchased or downloaded by any Buyer.

17.4. The license to use the Product is non-exclusive, non-transferable and is granted only to the original Buyer.

17.5. Any Product, returned to Renderee 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. Product obtained by means of theft or fraudulent activity of any kind is not granted a license.

18. Royalty Free License

18.1. Product may not be sold, given, or assigned to another person or entity in the form it is downloaded from the Site or in 3D printed physical form.

18.2. The Buyer’s license to Product in this paragraph is strictly limited to Incorporated Product. Any use or republication, including sale or distribution of Product that is not Incorporated Product is strictly prohibited. For illustration, approved distribution or use of Product as Incorporated Product includes, but is not limited to:

– as rendered still images or moving images; resold as part of a feature film, broadcast, or stock photography;

– as purchased by a game’s creators as part of a game if the Product is contained inside a proprietary format and displays inside the game during play, but not for users to re-package as goods distributed or sold inside a virtual world;

– as Product published within a book, poster, t-shirt or other item;

– as part of a physical object such as a toy, doll, or model.

18.3. If you use any Product in software products (such as video games, simulations, or VR-worlds) you must take all reasonable measures to prevent the end user from gaining access to the Product. Methods of safeguarding the Product include but are not limited to:

– using a proprietary disc format such as Xbox 360, Playstation 3, etc.;

– using a proprietary Product format;

– using a proprietary and/or password protected database or resource file that stores the Product data;

– encrypting the Product data.

18.4. Without prejudice to sub paragraphs 18.1-18.3, Renderee grants to the Buyer who purchases license rights to Product and uses it solely as Incorporated Product a non-exclusive, worldwide, license in any medium now known or hereinafter invented to:

– reproduce, post, promote, license, sell, publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes;

– use any trademarks, service marks or trade names incorporated in the Product in connection with the material;

– use the name and likeness of any individuals represented in the Product only in connection with the material.

18.5. Absent a written grant of rights greater than that contained in section 18 “Royalty Free License”, all other rights or sub-divisions of rights generally included in copyright are excluded from this license and remain the property of Renderee.

18.6. The resale or redistribution by the Buyer of any Product, obtained from the Site is expressly prohibited unless it is an Incorporated Product as licensed above.

19. Editorial License

19.1. In addition to the restrictions that are applicable to the Royalty Free License, certain Products may be marked “editorial” or “editorial license” and has additional license restrictions.

19.2. Buyer’s may only use Products marked “editorial” or “editorial license” for legitimate, editorial purposes on some issue of journalistic, editorial, cultural or otherwise newsworthy value. Examples of editorial use/fair use may include illustrating issues of general interest, social commentary, reporting news, etc. Editorial uses include use of the Product in a news program, news-related website, or news-related video media. The Buyer understands and agrees that such Products may contain material that is not released from its rights holders.

20. Custom License

20.1 Terms of the Custom License shall be deemed applicable if and only if the Renderee provides additional license terms in the specific area of Product description – “Custom license terms”. Such additional license terms shall be applied and interpreted as additions and (or) exceptions to the terms and conditions, set forth in section 17. “General Terms of Licensing” and section 18. “Royalty Free License”.

21. License for Products that are offered for free download

21.1 A Product which is offered as a free download shall be licensed with one of Creative Commons licenses as chosen by the Renderee. Creative Commons licenses and their licensing terms can be found here.

22. Process of purchases and payments

22.1. Buyer may chose any payment method supported by the Site for the purchased Products at the time of sale.

22.2. If a user is from EU VAT zone Renderee will detect buyer’s location and charge VAT which is applied in particular country. VAT will be deducted from the purchase price and transmitted to local authorities using MOSS system.

22.3. Concluding the General Terms through the Site occurs by placing an order on the Site. Conclusion of the General Terms and its provisions are confirmed by the Buyer immediately.

22.4. For placing and order with the Site it is not required to make the Registration of the Account. The Buyer can place an order as an Unregistered Member.

22.5. When placing an order the Unregistered Member shall give the following information: name and surname, e-mail address, full name of the entity (namely, business name) and address of the registered office, contact address, contact phone number and VAT and the European VAT number if the Buyer has it.

22.6. In order to place an order the Unregistered Member after choosing a given Renderee Product and after accepting the General Terms, clicks “Checkout” button. Then, the Unregistered Member fills out the required fields and chooses the method of payment.

22.7. After logging to the Account the Buyer places an order by adding a given Renderee Product to the Cart and clicks the “Checkout” button. When logging in the Registered Member does not have to give again the Member’s data since the data is saved in the system and they appear on the form automatically. The only information which shall be given is the method of payment and the type of delivery.

22.8. After giving the required information the order shall be confirmed by clicking “order with obligation of payment” button and then the screen will appear showing the confirmation of order placing, the number of the order etc. At the same time the Buyer shall receive the order acknowledgment by mail.

22.9. The purchased Buyer Product which is available in download version after making the payment will stay in the Account within the time set out in Art. I §2 section 7 of the Regulations.

22.10. Automatically after making the payment by the Buyer, but not later than within maximum 3 days from recording the payment of the given fee for the purchase of the Renderee Product, Renderee shall hand over the Renderee Product to the Buyer. If no payment is received by Renderee within fixed period of time, the agreement is considered not to be concluded.