The 3D Site Terms of Use

This document is a legal agreement between you, the owners of the products for sale in this website and The 3D Site. By using The 3D Site you agree to be bound by the terms of this legal agreement. If you do not agree with this legal agreement, do not register as user.

This legal agreement may be updated without further notice. Review it regularly.

You guarantee that you are of legal age to use The 3D Site and to create binding legal obligations for any liabilities you may incur as a result of its use. You consent that you are responsible for your use of The 3D Site including the use of your account by others.

The 3D Site includes 3D models, texture maps, materials and shaders, animation and video, tutorials, stock photos, plug ins, vector graphics, among others ("Products"), that were uploaded by The 3D Site members. This "Products", their descriptions and their view on The 3D Site are the property of The 3D Site Member who uploaded them ("Sellers"), and are protected by copyright laws. The use of the "Products" without license is prohibited.

The 3D Site have all the rights of the products uploaded to advertise the site and to do whatever it needs to benefit the Site and the sellers.

The 3D Site is a commercial intermediary between the "sellers" (The 3D Site members who upload their "Products" to sell) and the "buyers" (The 3D Site members who buy the "Products").

The 3D Site will not be responsible for any copyright violations of the "Products" uploaded and sold in the Site. The "sellers" guarantee that their products for sale are free of copyright violations and that they have all the rights to sell them. This means that, in order to sell a product or a product including a trademark, the seller should have all the ownership rights to do so. The 3D Site will not be responsible for any copyrights or ownership violations.

Member Registration

The registration is free. To register as a member, users need to fill a personal information questionnaire. The 3D Site uses this information to contact its members and do not rent, sell or share your personal details with third parties without your consent, unless we are required to do so by the law. We do everything we can in order to protect your privacy.

Members who would like to sell their files need to open a Pay Pal account. All money transactions are made through Pay Pal and in US Dollars. For the moment, The 3D Site does not accept money transactions directly in the site.

Selling Products

The "Sellers" are the owners of their products and are solely responsible for the "products" uploaded. The "sellers" guarantee that they own all proprietary rights regarding their "products".

The "sellers" authorize The 3D Site to be their selling agent that licenses their "products" to the "buyers" or third parties.

To become a "Seller" and to upload your "products", The 3D Site Member should include his/her PayPal account into his member profile and concur with The 3D Site Payment Agreement.

When a "Seller" publishes a product including nakedness, he needs to specify that the product has adult content by selecting the adult content box. It is forbidden to publish any kind of discriminatory materials.

"Sellers" are responsible of assigning accurate technical information on the "products" uploaded for sale (name, price in US Dollars including taxes, format, description, including thumbnails).

Payment Agreement

The "sellers" sales will be accumulated monthly. The 3D Site offers the "sellers" 70% of the sales and will withhold a 22% tax deduction from those 70% revenues.

The 3D Site will process the "sellers'" payments by the 10th day of each month for the products sold in the previous month. If the 10th day is a weekend or holiday, the "sellers" will be paid on the next business day. Payments are made by PayPal.

The 3D Site gets the 30% as a commission and administrative/operating expenses.

The 3D Site can invite its "sellers" to participate in The 3D site Special Store, with one or more of their products. This special store is like a promotion. The "sellers" who accept to participate in The 3D Site Special Store do not receive the 70% of their sales for the products sold in The 3D Site Special Store. Instead, they receive the 50% of their sales for the products sold in The 3D Site Special Store minus the 22% tax deduction.

By selling a "Product" at The 3D Site, the "sellers" accept to grant a usage rights license to the "buyers". The "buyers" can do whatever they need with the files they bought, except to re-sell them or upload them in another website arguing that they are the owners.

The "sellers" acknowledge that even though The 3D Site does its best to prevent it from happening, The 3D Site cannot be held responsible for the misuse or abuse of any "product" by the "buyers" or third parties.

The 3D Site reserves the right to remove any "product" at any time if we believe it's defective or infringe on any right. Serious copyright infringement issues result in the termination of this agreement, the termination of your membership, and possible criminal prosecution.

Buying at The 3D Site

Any registered member can buy a product. When a "buyer" select the "product" to buy, it goes to the shopping cart and when is ready to pay, The 3D Site links to Pay Pal to finish the transaction. When the transaction is done, the "buyer" returns to The 3D Site to download the "product(s)" purchased.

All prices are in US Dollars and include taxes.

The 3D Site gives to all the "buyers" the 10% of what they bought in The 3D Site cash. The 3D Site Cash can be used only in The 3D Site Special Store to pay for "products" without having to spend real money. Is like an electronic wallet. The 3D Site cash expires one year after the "buyers" earned it.

The "Sellers" upload their "products"; assign their name, price, format, description, including thumbnails, so "buyers" can see the products' previews. The "Sellers" do their best to provide accurate information regarding the "products" on sale. However, in the process of assigning the "products" information, the "sellers" can make some typographical or technical errors. In this case, The 3D Site cannot be legally responsible for any losses or damages resulting from the error.

Refunds

Refunds will be done when the "product" files are corrupted or when the "products'" descriptions are not accurate.

"Buyers" can ask for refunds 5 days after purchasing a "product".

The 3D Site will review each case where the "buyers" ask for a refund.

In the case of a refund, the "buyer" looses all the rights to use the "product" and should destroy all the "product's" files. The "buyer" must guarantee that he will not use all the "product's" files anymore. He is obliged to destroy them and not to use them. If he uses the files, he is violating the copyrights and this policy, and could be subject of legal process for stealing.

In the case of a refund, The 3D Site requires the "buyer" to sign a document declaring that he/she no longer have the rights to use or keep any of the purchased files.

Termination of this agreement

The 3D Site reserves the rights to delete or block a member, delete products and block its usage with no further notice.

If there is a violation to these terms of use and The 3D Site policies including the mature content policy and any products or trademarks copyright protections, The 3D Site will terminate the membership account. Upon termination, if the member is a "seller", The 3D Site will delete all his "products from the website.

Any member can terminate the membership account for any reason.

Members acknowledge that because of copyright infringement or other kinds of serious, or even malicious acts, they may face more serious consequences.

Indemnification

You agree to indemnify, defend, and hold harmless The 3D Site and its officers, employees, shareholders, directors and suppliers against all claims, legal responsibilities, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of these Terms of Use, the use of this site and the use or the inability of use of any "product", your non-fulfillment by any restriction regarding the use of a "product", or any claim by a third party related to the use of a "product".

Warranty and Liability

The 3D Site and the "products" are provided "as is". We offer no warranty, explicit or implied, regarding any "products", the website, the accuracy of any information, or any rights or licenses under this terms of use including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. The 3D Site does not represent or warrant that the website or the "products" will meet your requirements or that their use will be uninterrupted or error free.

The 3D Site shall not be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the website or the "products".

The 3D Site is based in Mexico City. Any legal action arising from the use of the website will be resolved in Mexico.