1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply services to you, whether these are goods, services or digital content. 1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Threedium Ltd, a company registered in England and Wales. Our company registration number is
10881024and our registered office is at WeWork Marylebone, 119 Marylebone Rd, Marylebone, London, United Kingdom, NW1 5PU. Our registered VAT number is
280638392. 2.2 How to contact us. You can contact us by telephoning our customer service team at +447491567061 or by writing to us at [email protected]. 2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us. 2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Operating system requirements
3.1 Our 3D solution/software used to create the 3D models (“3D solution or software”) requires the newest verisons of MacOS, Windows or Linux which can install the newest Google Chrome or Chromium version. Also users have to have the newest browsers Google Chrome or Chromium to have the best user experience and right workflow. The minimum system RAM memory is 6GB and an external graphic card which will require 1GB of its ram memory.
4. Your account with us
5. How you may use the 3D solution/software
5.1 In return for your agreeing to comply with these terms and making payment in accordance with Our Pricing Plan (as set out on Our website) you may: (a) Access, view display and use the 3D solution, in accordance with these terms and to the extent detailed in the package purchased through Your account. (b) use any documentation which we may provide you with relating to the 3D solution/software to support your permitted use of the software. (c) receive and use any free supplementary software code or update of the software incorporating "patches" and corrections of errors as we may provide to you.
6. Our rights to make changes
6.1 Minor changes to the 3D solution. We may change the software: (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor technical adjustments and improvements. These changes will not affect your use of the software. 6.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it. 6.3 Changes to these terms. We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you at least  days notice of any change by notifying you of a change when you next start the software. 6.4 If you do not accept the notified changes you may continue to use the software in accordance with the existing terms but certain new features may not be available to you.
7. Licence restrictions
7.1 Restrictions. You agree that you will: (a) not rent, lease, sub-license, loan, provide, or otherwise make available, the software in any form, in whole or in part to any person without prior written consent from us; (b) not copy the software or any documentation relating to the software, except as part of the normal use of the software or where it is necessary for the purpose of back-up or operational security; (c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the software, or any documentation relating to the software nor permit the software or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the software on devices as permitted in these terms; (d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the software nor attempt to do any such things, except to the extent permitted by by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988. 7.2 Acceptable use restrictions. You must: (a) not use the software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the software or any operating system; (b) not infringe our intellectual property rights or those of any third party in relation to your use of the software; (c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the software; (d) not use the software in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and (e) not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any service.
8. Intellectual property rights
8.1 All intellectual property rights in the 3D solution/software and any documentation relating to our software throughout the world belong to us and the rights in the software are licensed (not sold) to you. You have no intellectual property rights in, or to, the software, any documentation relating to the software or any services other than the right to use them in accordance with these terms. Any information, data, advertisement material which you input into the software to create your 3D model/advertisement will belong to you.
9. Your rights to end your package
9.1 You can always end your package with us. Your rights when you end the package will depend on whether there is anything wrong with the software, how we are performing and when you decide to end the contract: (a) If the software is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back) see clause 9.2; (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.3; and (c) If you have just changed your mind about the software. You may be able to get a refund if you are within the cooling-off period, see clause 9.4 and 9.5. 9.2 How to tell us about problems. If you have any questions or complaints about the software, please contact us. You can telephone our customer service team at +447491560761 or write to us at [email protected]. The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality. If your digital content is faulty, you're entitled to a repair or a replacement. If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation. 9.3 Ending the contract because of something we have done or are going to do. If you are ending your package for a reason set out at (a) to (e) below the package will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are: (a) we have told you about a major upcoming change to the package/software or these terms which you do not agree to (see clause 6.2); (b) we have told you about an error in the price or description of the package you have ordered and you do not wish to proceed; (c) there is a risk that access to the 3D solution may be significantly delayed because of events outside our control; (d) we have suspended access to the software for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 5 days or (e) you have a legal right to end the contract because of something we have done wrong. 9.4 How long do I have to change my mind? You have 14 days after confirmation of your purchase, provided you do not access the 3D solution. 9.5 When you don't have the right to change your mind. You do not have a right to change your mind in respect of digital products after you have accessed the 3D solution.
10. We may end your rights to use the software if you break these terms
10.1 We may end your rights to use the software at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so. 10.2 If we end your rights to use the software: (a) You must stop all activities authorised by these terms, including your use of all the elements of your pricing plan. (b) You must delete or remove the software from all devices in your possession and immediately destroy all copies of the software which you have and confirm to us that you have done this.
11. Price and payment
11.1 Where to find our package prices. The price of the 3D solution packages we offer are set out on this address. 11.2 When you must pay and how you must pay. We accept payment with Visa Debit, Visa Credit, Visa Pay, Matercard, Maestro, American Express, Diners Club International, Union Pay, PayPal. Once you have arranged payment, access to the relevant 3D solution package will be made available to you through your account login.
12. Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. 12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the software. 12.3 When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. 12.4 We are not liable for business losses. We only supply the software for domestic and private use. If you use the software for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 12.5 Check the solution. Please check that the software is suitable for your purpose. The software has not been developed to meet your individual requirements. Please check that the facilities and functions of the software (as described on the website) meet your requirements before paying for your chosen pricing plan package. 12.6 We are not responsible for events outside our control. If our provision of the software is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any element of the pricing plan you have paid for but not received. 12.7 We are making backups once a day on our Database plus storage. In the event of a force majeure or software damage beyond our control of influence, there is always a risk that Customer Data and metrics can be lost. We are always trying to mitigate such risk to the lowest level possible by clustering our Databases with a lot of replicated ones, whilst using AWS S3 storage to further enhance our data security.
13. Other important terms
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation We will contact you to let you know if we plan to do this. 13.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date. 13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
14. Ownership of Unlimited3D Content
14.1 Generally. By using the Services, you will encounter "Unlimited3D Content," which includes all of the images, text, information, data, graphics and other material included on or otherwise made available through the Services, excluding User Content. "User Content" includes all the 3D models, images and related content, as well as User comments, uploaded by Users, that make up the Services. Except as otherwise set forth in this Agreement, we do not claim ownership over any User Content. 14.2 Ownership. All Unlimited3D Content is owned by Unlimited3D, Inc. or its licensors, and is protected by UK and international copyright laws, trademark laws and/or other proprietary rights and laws. As between you and Unlimited3D and its licensors, Unlimited3D, Inc. or its licensors own and retain, solely and exclusively, all rights, title and interest in and to the Services, and all Unlimited3D Content that we or our licensors create and that we make available to you through the Services, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights and other intellectual property and proprietary rights therein. The trademark Unlimited3D and all associated logos and the other trademarks, service marks, logos and trade names displayed on or in connection with the Services are the registered and unregistered trademarks and service marks of Unlimited3D, Inc. or third parties in the United States and/or other countries. Your use of the Services does not grant you any ownership over any Unlimited3D Content, and except for the limited license we grant you under this Agreement, your use of the Services does not grant you any license or permission under any copyright, trademark or other intellectual property rights of Unlimited3D, Inc. or any third party. We reserve all rights not expressly granted to you in this Agreement. 14.3 Service and Content License. We grant you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Services as they are provided to you by us, only as set forth in this Agreement. Except as expressly permitted in this Agreement, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any portion of the Services or Unlimited3D Content for any purpose without express prior written permission from us or the applicable rights holder. Any commercial exploitation of the Services or Unlimited3D Content without express prior written permission from us or the applicable rights holder is strictly prohibited. 14.4 Software. All software and software-as-a-service (SAAS) used in connection with the Services ("Software") is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited. You agree that we may update the Software without notice, at any time and in our sole discretion, and that this Agreement will apply to any updated versions.
15. User Content
16. User Restrictions and Obligations
17. TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION FOR APACHE 2.0
1. Definitions. "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. "Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work. 2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. 3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. 4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: You must give any other recipients of the Work or Derivative Works a copy of this License; and You must cause any modified files to carry prominent notices stating that You changed the files; and You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the DerivativeWorks, if and wherever such third-party notices normally appear. The contents of theNOTICE file are for informational purposes only and do not modify the License. You mayadd Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License. 5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions. 6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file. 7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License. 8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages. 9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Apache License to your work To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives.
Copyright 2022, Threedium Ltd.Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
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