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TOU
By using the Service provided by Top3d.net, you have expressed your acceptance of our Terms of Use ("TOU"), and agreed to be bound by the terms and conditions as described hereunder.


Registration Obligations

Prior to using the Service, you may register with Top3d.net via the provided Service's Registration Form and shall:
  • Provide true, accurate, current and complete information ("Registration Data") about yourself as prompted by the Registration Form.
  • Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

User Account, Password and Security

Upon completing the Service's registration process, you will be designated an account with a password. You are responsible for maintaining the confidentiality of the password and/or account, and are fully responsible for all activities that occur under your password and/or account. You agree to:
  • Notify Top3d.net of any unauthorized use of your password and/or account or any other breach of security.
  • Ensure that you exit from your account at the end of each session. Top3d.net cannot and will not be liable for any loss or damage arising from your failure to comply with this security measure.

User Conduct

You acknowledge that all text, information, data, software, photographs, graphics, video, music, sound, messages or other materials ("Content"), whether privately transmitted or publicly posted, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. As Top3d.net does not pre-screen all the Content posted via the Service, therefore, it does not guarantee the accuracy, integrity or quality of such Content. You also realize that by using the Service, you may be exposed to Content that is indecent, offensive, objectionable or otherwise unsuitable. Top3d.net will NOT, in any circumstance or in any way, be liable for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You shall not use the Service to:
  • Upload, post, email, transmit or otherwise make available any Content that is unlawful, abusive, harassing, harmful, threatening, tortuous, defamatory, obscene, vulgar, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
  • Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationships.
  • Upload, post, email, transmit or otherwise make available any Content that infringes any trademark, copyright, patent, trade secret or other proprietary rights ("Rights") of any party.
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer codes, files or programs designed to interrupt, limit or destroy the functionality of any computer software or hardware or telecommunications equipment.
As the Content is not pre-screened, you acknowledge that Top3d.net shall have the right, though not the obligation, in its sole discretion to reject or remove any Content that is available via the Service. Without the limitation of the foregoing right, Top3d.net shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks incurred from, the use of any Content, including any reliance on the completeness, usefulness, or accuracy, of such Content.

You also agree that, by the law requirements or events necessitate it to do so, Top3d.net may preserve           or disclose Content in order to:
  • Enforce this TOU.
  • Comply with legal procedure.
  • Respond to claims of any Content violations of the rights of third-parties.
  • Protect the rights, property, or personal safety of Top3d.net, its users and the public.

License of Purchased Content

As a result of a legitimate license or a free download, any transmission of content from a registered Top3d.net user to a third party shall apply with the following terms:
The 3d Model Vendor shall retain, subject to any license agreement between 3d Model Vendor and Top3d.net, ownership of the copyrights and all other rights in the 3d Model purchased or downloaded by any third party via Top3d.net.
Any license rights, which related to the content for sale via Top3d.net, including but not limited to 3d models, images, textures, are contingent on the transfer of money from the third party to the 3d Model Vendor. All license rights of any reversed or incomplete sale will terminate immediately without prior notice. The 3d Model Vendor grants to the third party a non-exclusive, non-transferable, worldwide, royalty-free license to: publicly perform, publicly display, and digitally perform the content which is acquired by purchasing or free downloading the content submitted by the registered 3d Model Vendor.
The third party is expressly prohibited from making any redistribution or resale of any content obtained from Top3d.net, whether the content is for sale or freely available for download, whether part of a valid sale or not.
In case the third party returns any content, whether acquired via a valid sale or freely available for download, all license rights granted herein will immediately terminate.

Royalty Payments and Commissions

You will be entitled to receive all royalty payments collected by Top3d.net in the form of payments made via PayPal, WebMoney or credit card transfers. Top3d.net will be entitled to a commission in the amount of 50% which it will deduct upon receipt. Top3d.net may at any time implement a program whereby the Vendor receives greater than 50% in which case royalty payments will reflect those amounts. You hereby authorize Top3d.net to collect and distribute such royalties and commissions.

Returns
  • Intangible goods. A refund may be issued if a buyer is not satisfied with the product. However, the issuing of refunds is solely at the discretion of the Vendor or Top3d.net. Refunds will be issued only after the buyer has worked with the Vendor on the problem. When a refund is issued, the buyer is responsible for the immediate deletion of all files using the product and may not distribute the product.
  • In accordance with the Product Vendor warranty, any defective product may be exchanged or returned to its Product Vendor. However, where no such warranty exists, Top3d.net may refund to the buyer within 7 days of receipt of the returned Product.
  • CANCELLATIONS: Replacement, Refund, or Late Delivery is subject to Return to Dipatcher for inspection and confirmation.

Support of purchased 3d models and products

Each Vendor is responsible for providing support of its own purchased Product should problems or questions arise. All requests for technical service and support should be made directly to the vendor via Top3d.net internal message system.

Indemnity

You shall indemnify and hold Top3d.net, and its subsidiaries, affiliates, officers, employees, agents, co-branders or other partners, immune from any claim or demand, any costs, expenses or fees, which made by any third party due to or arising out of the Content you submit, post, transmit or make available through the Service, your use or connection to the Service, your violation of the TOU, or your violation of any rights of any party.

General Practices Regarding Use and Storage

You acknowledge that Top3d.net shall not responsible or be liable for the deletion or the failure to store any Content maintained, published or transmitted by the Service. You also agree that Top3d.net reserves the right to change these general practices and limitations at any time, in its sole discretion, with or without prior notice.

Modifications of the Service

Top3d.net reserves the right to modify or discontinue, temporarily or permanently, the Service, whole or parts, with or without prior notice, at any time. You agree that Top3d.net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination of Account

You acknowledge that, under certain circumstances and without prior notice, Top3d.net reserves the right to immediately terminate your Top3d.net account and access to the Service. Causes for such termination including but not be limited to:
  • Breaches or violations of the TOU or any other related agreements or guidelines.
  • Complying with law enforcement or other government agencies.
  • Self-initiated account deletions in compliance with your request
  • Discontinuance or material modification to the Service, whole or parts.
  • Unexpected technical issues or problems.
  • Extended periods of account inactivity.

Termination of your Top3d.net account includes:
  • Removal of access to all offerings within the Service.
  • Deletion of your password and all related information, files and content associated with or inside your account, whole or parts.
  • Barring further use of the Service.
You also agree that all terminations for cause shall be made in the sole discretion of Top3d.net and that it shall not be liable to you or any third party for any termination of your account, or access to the Service.

Disclaimer of Warranties

YOU AGREE THAT:
  • YOU USE THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. TOP3D.NET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
  • TOP3D.NET DOES NOT WARRANT THAT (I) THE SERVICE WILL SATISFACTORILY MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE SECURE, UNINTERRUPTED, TIMELY, OR ERROR-FREE, (III) THE ACQUIRED RESULTS FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICE BY YOU WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  • YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER THAT RESULTS FROM ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, WHICH IS DONE AT YOUR OWN DISCRETION AND RISK.
  • EXCEPT AS EXPRESSLY SET FORTH IN THIS TOU, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TOP3D.NET OR THROUGH OR FROM THE SERVICE SHALL BE TANTAMOUNT TO ANY WARRANTY.

Limitation Of Liability

YOU AGREE THAT IN NO EVENT WILL TOP3D.NET BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF TOP3D.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF OBTAINING OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) MESSAGES OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

Governing Law

The TOU and any disputes shall in all respects be exclusively governed by and interpreted in accordance with the laws of United Kingdom. Any dispute in contract or at law arising out of or in connection with the TOU that cannot be settled amicably shall be submitted to the competent court in United Kingdom.

Terms Of Use Amendment

Top3d.net reserves the right to change the terms of these Terms Of Use with or without prior notice at any time..

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