- "Product" is a term used to describe any asset/product found on Arte-3D.com, whether "Free" or priced. This includes but is not limited to, 3D Models, Textures, Images, Photos, Materials, etc.
- "Asset", "Assets" refers to any "Content" on the site that is for sale, or that is available for "Free" in a product format.
- "Member" refers to anyone with an account at Arte-3D.com.
- "Buyer" refers to a Member purchasing or downloading a "Sellers" "Asset".
- "My Account" refers to the Member's place where he can download their purchased assets.
- "Seller" refers to Arte-3D.com.
- "Sale" refers to any transaction made on the Sellers site, whether the "Asset" is "Free" or comes at a financial cost.
- "EULA" refers to End User License Agreement.
TERMS AND CONDITIONS
By using this site or by purchasing any Product at Arte-3D.com the Buyer agrees with all the following terms and conditions. Arte-3D.com does not accept any responsibility for any website which may act as a portal to Arte-3D.com or be connected by hypertext links from the site. The online display is the sole, exclusive and final agreement between Arte-3D.com and the user of this site. Arte-3D.com reserves the right to change these terms and conditions at any time.
Prior using Arte-3D.com services inside this website, you may register for free via the Registration Form and shall: (a) Provide true, accurate, current and complete information ("Registration Data") about yourself as prompted by the Registration Form. (b) 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: (a) Notify Arte-3D.com of any unauthorized use of your password and/or account or any other breach of security, and (b) Ensure that you exit from your account at the end of each session. Arte-3D.com cannot and will not be liable for any loss or damage arising from your failure to comply with this security measure.
- Royalty free licenses are granted for public use of the Assets for display purposes when a Product is downloaded. This includes--but is not limited to--commercial mediums such as film, television, internet and print.
- When a Product is downloaded, a non-exclusive license is granted only to the original Member Buyer. Licenses are non-transferrable; they cannot be sold, given, or assigned to another person or entity. Authors retain ownership of full copyrights for their Products. If additional terms and conditions are listed by an author in a Product description or via a downloadable preview file, those terms and conditions apply to the Product.
- Products purchased from Arte-3D.com may be used in video games only if the buyer of the game cannot gain access to individual Products purchased from Arte-3D.com. Methods of safeguarding the models and textures include: A: Using a proprietary disc format such as Xbox, Playstation, etc. B: Using a proprietary model format. C: Using a proprietary and/or password protected database or resource file that stores the model data. D: Encrypting the model data.
- Products obtained from Arte-3D.com will not be resold, given away, or redistributed except as otherwise noted for video game and simulation use in this agreement.
- Products obtained through theft or fraudulent activity of any kind is not granted a license.
- Arte-3D.com does not provide any physical models or backup media, Arte-3D.com delivers downloadable links/Products for computer files only.
- All Products sold at Arte-3D.com are copyright by Arte-3D.com.
- All Products sold at Arte-3D.com are artistic representations from the originals, the buyer is responsible to use them at his own risk.
- All Brand Names, Trademarks, Registered Designs and Logos used or mentioned in this website are property of their respective owners.
PAYMENTS AND PRODUCT DELIVERY
All payments are processed by PayPal, after the Buyer completes the checkout process inside Arte-3D.com he will be redirected to PayPal's secure payments website. For more information about PayPal please refer to https://www.paypal.com.
All Products purchased at Arte-3D.com are available for immediate download once payment is completed.
- Registered Members will receive an email containing a download link for the purchased products and they can also login and download their purchased assets through "My Account" right after payment is completed.
- In addition after completion of a payment the Buyer will receive an email containing a download link for the purchased products.
- It is responsibility of the Buyer to ensure receiving Arte-3D.com emails by adding @arte-3d.com to their email safe list.
All products files are in a compressed file format (Winzip or Winrar) for faster download. The Products download link will be available to the buyer for a period of four (4) days. The Seller is not responsible if the Buyer doesn't download the product in the given time.
- 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 Arte-3D.com.
- Refunds will be issued only after the Buyer has worked with Arte-3D.com to solve the problem.
- When a refund is issued, the buyer is responsible for the immediate deletion of all files and may not distribute the product.
SUPPORT OF PURCHASED ASSETS
Arte-3D.com is liable for providing support of purchased Products if problems or questions arise. All requests for technical service and support should be made directly to the seller through email. Arte-3D.com will erase any custom made files /3d models / products after three months, it is responsability of the client to make a backup copy of the purchased products.
CUSTOM / FREELANCE 3D MODELING
Once the files/products have been delivered Arte-3D.com will erase any custom made files /3d models / products after three months, it is responsability of the client to make a backup copy of the purchased products.
TERMINATION OF MEMBER ACCOUNT
Member acknowledges that, under certain circumstances and without prior notice, Arte-3D.com reserves the right to immediately terminate your member account and access to the service. Causes for such termination including but not be limited to: (a) Breaches or violations of this EULA and or to Arte-3D.com website, (b) Complying with law enforcement or other government agencies, (c) Self-initiated account deletions in complying with member request, (e) Unexpected technical issues or problems.
DISCLAIMER OF WARRANTIES
MEMBER/BUYER AGREES THAT: YOU USE THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. ARTE-3D.COM 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.
ARTE-3D.COM 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 PRODUCT WILL BE CORRECTED.
BUYER WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA OR DAMAGE TO HIS/HER 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 EULA, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ARTE-3D.COM OR THROUGH OR FROM THE SERVICE SHALL BE TANTAMOUNT TO ANY WARRANTY.
LIMITATION OF LIABILITY
YOU AGREE THAT IN NO EVENT WILL ARTE-3D.COM 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 ARTE-3D.COM 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.