TERMS OF SERVICE
1. BACKGROUND
1.1
These general terms and conditions (the “General Conditions”) apply when you as a consumer (the “Customer”) place a subscription via www.Animated3d.com and related pages, (the “Website”). The agreement is concluded between you and Animated3d. Detailed contact information and other information about Animated3d are set forth on the Website. The General Conditions are only applicable for Customers that are consumers.
1.2
The Customer must be minimum 18 years old to subscribe via the Website. Animated3d does not, in accordance with VN and EU law, accept any credit purchases to persons below 18 years of age. Animated3d reserves the right to deny or change a Customer’s subscription (e.g. if the Customer has provided incorrect personal data and/or has any record for non-payment of debt).
1.3
Animated3d provides a free service that allows our members to access data streaming over the Internet on our website to the collection of one or more digital files, images, or videos packaged in the form of a product on the website that can be identified by a product ID, and that is uploaded by the Customer, or otherwise made available to the Customer, for free on the website. Animated3d products may include 2D and 3D models, texture maps, motion captures, photographs, imagery, application and plug-in software, materials and shaders, shapes and vector graphics, training materials, building components, sound effects, stock music, and videos, objects of technology, vehicles, military equipment, furniture, energy equipment. Additionally, a Animated3d product may include a number of individual files of different file formats to make it easier for Customers to work in a variety of software applications (such as AutoCAD, 3ds Max, Maya, and Cinema 4D), and may also include other files (such as jpeg images used for texturing), and images or other files that are used for promotional purposes. For Customers and their use in Creations, this definition also includes derivative and intermediary files used for that purpose.
1.4
Animated3d shall have no liability in case of image or typographical errors of the products on the Website, e.g. errors in the product description or technical specification, inaccurate prices and price adjustments (such as changed prices from suppliers, change in currencies). Animated3d is entitled to rectify any such errors and, at any time, to change or update the information. All images on the Website shall be considered solely as illustrations. Such illustrations do not guarantee to reproduce the exact appearance, function or origin of the product. Animated3d is not responsible for any information by third parties provided for on the Website.
1.5
The Website and all its content is owned by Animated3d or its licensors. The information is protected by intellectual property and marketing legislation. This means that trademarks, company names, product names, may not be copied or used without the prior written consent of Animated3d. Even though images and graphics, design, layout and information about products, services and other content may be downloaded, copied or used without the consent of Animated3d.
1.6
The following restrictions apply for the majority of the products on the website. Certain subject matter depicted by Animated3d, such as a manufactured product under a brand name, may be protected by another party’s Intellectual Property rights. Permitted use of Other-Party Intellectual Property in Animated3d products is limited to news reporting in creations of some cultural, editorial, journalistic, or otherwise newsworthy value, and includes news reporting on television and the internet. This restriction does not apply if the Customer have the needed authorization to use the Other-Party Intellectual Property for his Creation, such as if the Customer is the Intellectual Property owner himself, or an Intellectual Property owner’s advertising team, hired party, or licensee purchasing that company’s product.
1.7
Animated3d does not own or license any Other-Party Intellectual Property. Animated3d does not in any way make any representations or warranties about Other-Party Intellectual Property associated with Animated3d products. The Customer is solely responsible for determining the need for and, if appropriate, obtaining any needed Other-Party clearance, consent, or release to use any Other-Party Intellectual Property in his creations.
2. LINKS
Animated3d may provide links to other websites beyond the control of Animated3d and websites beyond the control of Animated3d may provide links to the Website. Even if Animated3d attempts to ensure that Animated3d only provides links to websites which applies similar personal data and security provisions pursuant to Animated3d’s Privacy Policy, Animated3d is not responsible for any protection or confidentiality of information or personal data which the Customer provides on other websites. The Customer should be cautious and read the personal data provisions applicable to the actual website.
3. FORCE MAJEURE
Animated3d is not liable for any delays caused by circumstances beyond Animated3d’s control, e.g. general labour dispute, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power / tele-/ computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, Animated3d shall inform the Customer accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Customer and Animated3d are entitled to terminate the purchase with immediate effect.
4. CHANGES TO THE GENERAL CONDITIONS
Animated3d reserves the right to change these General Conditions at all times. Any changes to these General Conditions will be posted on the Website. Changes will become valid once the Customer has accepted the General Conditions (in connection with a new purchase or while browsing the Website), alternatively 30 days after Animated3d has informed the Customer of the changes. However, Animated3d recommends that the Customer regularly remains updated on the Website in order to become aware of any changes to the General Conditions.
5. SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable by any competent court, authority or arbitral tribunal, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law. Any provisions determined invalid or unenforceable will be substituted by relevant legal guidance and advice.
6. APPLICABLE LAW AND DISPUTE RESOLUTIONS
6.1
This agreement is governed by the laws of Greece. Any disputes shall primarily be settled by agreement after discussions with Animated3d customer services. In the event of any dispute, Animated3d complies with the decisions of the VN National Board for Consumer Complaints or the corresponding authority in other countries.