Portal Licence Terms

The Hum3D Portal Licence Terms regulate the process of acquiring a licence to the products presented on the web interface www.hum3d.com, the terms of remuneration for the licence including payment methods, and the scope of the licence, including the possibility to use the products presented in the web interface.

The licence terms apply especially in case of the sale of the products to traders – natural or legal persons. In addition, if you purchase the product as a consumer, you have the rights set forth in article 7 hereof. Rights under Article 7 of the licence terms do not apply to traders, entrepreneurs and legal persons.

1. Definitions

In the licence terms the following expressions are further used as defined below:

• price means a remuneration for a product licence granted under the licence terms that you undertake to pay to the operator in accordance with the licence terms. The price is always fixed and one-off, not paid periodically;

• licence terms are the Hum3D Portal Licence Terms as amended;

• product means 3D model which the operator offers on the web interface and for the use of which the operator grants a licence in accordance with the licence terms. The assets and features of the product are set out on the web interface;

• project means your product, image, service or software (including computer or video games, mobile or computer applications), or any other project which the product is a part of;

• operator (or “us”) is the company International Connections, a.s., with its registered office at Krakovská 1327/13, Nové Město, 110 00 Praha 1, identification no.: 29027276, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, Insert 24148;

• contract is any contract concluded between you and the operator under the licence terms;

• user (or “you”) is a person using the web interface or purchasing products via the web interface;

• use means copying, reproduction, modification, distribution, display, broadcast, publication or other use of the product;

• web interface is the interface available at www.hum3d.com, including all assets and functions of the website.

2. Conclusion of the contract and payment terms

A. Conclusion of the contract

2.1. On the web interface, there is a list of products including their main features. The product presentation on the web interface is informative and it is not considered as a proposal by the operator to conclude a contract. To conclude a contract, you must submit an order and this order must be accepted by the operator.

2.2. You submit the order via the web interface or by other mean as specified on the web interface. The order must always contain the chosen product, the chosen payment method and your contact details (first name and surname or company name, identification number, e-mail address). You must be 18 years of age or older to submit the order as a natural person. If you are submitting the order as a trader (natural or legal person), the operator is entitled to ask you to prove this by submitting an extract from the public register or by other means that the operator considers appropriate.

2.3. When completing the order form, you agree to the licence terms. A binding order is sent by pressing the “Download” button.

2.4. The operator is not obliged to confirm a received order. An unconfirmed order is not binding on the operator. The operator is entitled to verify the order in case of doubt about the authenticity and seriousness of the order. An unverified order may be refused by the operator.

2.5. The contract is concluded when you receive the acceptance of your binding order from the operator.

2.6. If you enter into a contract with the operator on behalf of a business or other legal or natural person, you declare that you have the authority to represent that entity. We are not required to review your declaration. Should you cause damage in connection with a false declaration, you agree to compensate it in full.

B. Payment terms

2.7. You undertake to pay the operator the price of the product for the provision of the licence to the product under the licence terms. The price can be paid via PayPal, through the Braintree payment gateway, by bank transfer to the operator’s account or via credits purchased through our Prepaid plans (as stated and defined in clauses 2.14 and 2.15). Other methods of payment are listed on the web interface. In the case of a bank transfer, the payment instructions will be communicated to you as part of the order confirmation under article 2.5 of these licence terms.

2.8. The price of the product licence is always stated as final, including any taxes and fees.

2.9. A product download link will be made available to you through the web interface immediately after the price is paid. The product can be downloaded in the quality and formats listed on the web interface. If you pay by bank transfer, the product shall be made available to you within 24 hours after the payment has arrived in the designated bank account of the provider.

C. Subscription plans

2.10. There is a possibility on the web interface to subscribe to a subscription plan via your user account. There are two subscription plans – Premium and Deluxe. Each of a subscription plan allows you to purchase certain number of products during the subscription period for a subscription fee.

2.11. The number of products you are allowed to purchase during the subscription period and the amount of the subscription fee is stated on the web interface. Duration of the subscription period is one year if not stated otherwise on the web interface.

2.12. The subscription fee is paid annually in advance by the same means as stated in clause 2.7 (excluding the credits).

2.13. Note, that if you do not purchase all the products you are allowed to purchase during the subscription period, you are not subject to any compensation from the operator. The operator does not refund any subscription fee.

D. Prepaid plans

2.14. On the web interface, you can purchase the credits via your user account. The credits are used for purchasing the products. The price of the credits is set out on the web interface.

2.15. Note, that you cannot refund the money you spend for purchasing the credits. The credits expire when your user account is cancelled under the conditions set out in clause 6.3 or when you decide to cancel your user account.

3. Licence

A. General provisions

3.1. The licence granted by the operator under the licence terms is non-exclusive, worldwide, unlimited in time (unless terminated under the conditions set out in clause 4.2 of the licence terms) and unlimited in quantitative terms, unless specified otherwise. The licence entitles you to use the work for the purposes set forth under B below, subject to the terms and conditions set out herein. The licence granted under this clause 3.1 shall be referred to as the “Commercial licence”.

3.2. Any rights not granted to you under the licence terms shall remain with the operator.

3.3. Special licence restrictions apply to products that are marked as “Regular Licence” on the web interface. These products may contain trademarks, industrial property rights or other intellectual property rights of third parties, so they may only be used in limited cases. These exclusively include use within cultural, journalistic, news or other similar works of information or educational value and created to meet the public interest through printed books or periodicals, television broadcasts or the internet.

3.4. Restrictions on the use of products labelled “Regular Licence” resulting from the previous article of the licence terms do not apply if you are the rightful holder of the relevant intellectual property rights to the product (i.e. the trademarks it contains), namely that you are the author of the copyrighted work or the owner of the trademark or other industrial right, or you have been granted a valid licence or sub-licence by such author or owner.

3.5. You are not allowed to grant a licence (irrespective whether Commercial or Regular Licence), sub-licence or other authorization to a separate product, make a separate product, or distribute it in any shape or form to a third party other than as part of your project. At the same time, you are obliged to secure your project so that the product cannot be separated from your project, for example, but not exclusively, through reverse engineering. If you violate the terms of this licence, you are required to pay us in full for any damage we incur as a result, even if the product was separated from your licence without your consent or knowledge.

3.6. The products can only be used as part of a project; you are not allowed to create a project that consists only of a product.

3.7. You may not designate yourself or any other person (except the author himself) as the author of the product.

B. Permitted use of products

3.8. You may use the products to create images for use in TV programs, video projections, multimedia projects, theatrical performances, promotional items, mobile, web, print, TV and billboard ads, social media and e-mail campaigns, and marketing, website design, wallpapers for desktop electronic devices and mobile phones, screensavers, books, magazines, posters, postcards, clothing items, brochures, framed or printed works of art, household items, office supplies.

3.9. You can also use the products to create computer games and other computer programs, virtual reality, simulations, web or mobile applications, and electronic book titles such as e-books, or to create other software (hereinafter jointly “software”). In this case, the product may only be used if it is made available solely to the users of the software itself and access to the product will be disabled outside the user’s software. The product must be used in the project in such a format that it cannot be opened or separated by a third party. At the same time, the software may not contain any functionality that would allow end users to export any 3D model from the software or embed any open-format 3D model in the software.

3.10. You can also use the products to create physical objects such as 3D models or product prototypes, especially through 3D printers.

C. Forbidden use of products

3.11. You are not authorized to use the product for the purpose of violating the law, the licence terms or good morals, and you are not authorized to create a project from the product that violates the law, the licence terms or good morals. The product may not be part of a project having the nature of or related to pornography, human personality violations, projects defaming race or religion or projects infringing intellectual property rights or other third-party rights.

4. Duration of the contract and termination of cooperation

4.1. The contract is concluded for an indefinite period. The licence under the licence terms is granted for the duration of the property rights to the product.

4.2. The operator is entitled to terminate the contract without notice if you breach the licence terms, especially if you use the product in violation hereof or violate applicable and effective laws or good morals.

4.3. If the contract is terminated for any reason, you have the obligation to discontinue the products you have purchased and destroy all copies (both physical and electronic) of the products, including those contained in your projects, without undue delay.

5. Liability

5.1. The operator is not responsible for how you use the product. In particular, it is not liable for your use of the product in violation of applicable laws, in particular those related to intellectual property rights, and the non-performance or incorrect performance of your legal obligations.

5.2. If you use the product contrary to the licence terms, law or good morals and consequently any performance will be enforced from the operator by a third party, you undertake to compensate the operator for the damage you have caused to it by your conduct in full.

5.3. You are responsible for ensuring that your conduct in relation to the product and licence granted under the licence terms will always be in accordance with the licence terms and applicable laws. Your activity must not be contrary to good morals and public order and must not restrict the exercise of third-party rights.

5.4. The operator is not liable for any damage caused by the product to your electronic devices, including damage to hardware or software.

5.5. The provider shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the products to the extent permitted by law or by the licence terms. This clause does not apply to consumers.

5.6. The provider makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, fitness for a particular purpose, non-infringement, merchantability, or cosmetic attributes of the products, and does not guarantee the accuracy or completeness of specifications associated with the products, including measurements, weight, durability, strength, materials, general physical properties, regulatory compliance, other engineering or construction attributes. This clause does not apply to consumers.

5.7. You agree to indemnify and hold the provider and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, licensee, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of your use of the product or project.

5.8. The operator is not liable for errors resulting from third-party interference in the web interface or resulting from use of the web interface with its determination. When using the web interface, you may not use mechanisms, software, scripts or any other process that could negatively affect its operation, i.e. in particular, interfere with the web interface or impose a disproportionate burden on the web interface, or to allow third parties to tamper with or use the software or other components constituting the web interface without authorization and to use the web interface or its parts or software in a manner inconsistent with its function or purpose.

5.9. When using the web interface, data are collected and processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC marked as personal data. The protection of your personal data is regulated by the Privacy Policy.

5.10. The contents of the operator’s website, including the web interface software and these licence terms, are protected by copyright and may be protected by other rights of other persons. You may not modify, copy, reproduce, distribute or use the content for any purpose without our prior written consent. In particular, it is forbidden to make available, for a consideration or free of charge, photographs and texts placed on the web interface.

5.11. We are not liable for errors resulting from third-party interference in the web interface or as a result of its use contrary to its intended use. You may not use procedures that could interfere with the operation of the system or impose a disproportionate burden on the system when using the web interface.

5.12. If you engage in any unlawful or unethical behaviour while using the web interface, we may restrict, suspend or terminate your access to the web interface without compensation. In this case, you are also obliged to pay us the damage that has been demonstrably incurred by your conduct under this paragraph, in full.

5.13. Be advised that clicking on certain links in the web interface may cause you to leave the web interface and be redirected to third-party websites.

5.14. You agree to indemnify the operator in respect of any costs, expenses, claims, proceedings or demands that may be made or may arise against the operator, its personnel, employees or agents in respect of any damage caused by the violation of these licence terms, laws or good morals on your part.

6. Registration on the web interface

6.1. By registering through the registration form on the web interface, a user account is created. Keep the user account access data secret. The operator is not responsible for any misuse of the user account by a third party.

6.2. The payment information provided must be true and complete. An account where false or incomplete data was used may be cancelled by the operator without compensation. In case of changes in your data, please make the appropriate adjustments in your user account immediately.

6.3. The operator has the right to cancel your user account without compensation if your account is used in violation of good morals, applicable laws or these licence terms.

7. Information for consumers regarding distance contract

7.1. If you are a consumer, i.e. an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession, you are entitled to consumer protection under applicable laws, in particular the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations.

7.2. As a consumer you primarily have:

a) the right to information prior to the conclusion of the contract (the information is contained in the licence terms or on the web interface);

b) the right to an alternative settlement of consumer disputes arising from the contract based on and in accordance with The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 and The Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015.

7.3. By agreeing to the licence terms, you grant explicit consent to provision of the product as digital content without a tangible medium before the expiry of the deadline for withdrawal from the contract. The right to withdraw from the contract within 14 days of the conclusion of the contract shall expire in this case.

8. Final provisions

8.1. The operator is entitled to change and supplement the licence terms at any time. Relationships between you and the operator are always governed by the wording of the licence terms effective at the time the relationship was created. The up-to-date version of the licence terms is always available on the web interface.

8.2. The licence terms and any dispute or claim arising out of them (including non-contractual disputes or claims) are governed by or will be decided according to the law of England and Wales.

8.3. If any provision of the licence terms is invalid, ineffective or inapplicable, or becomes so, such provision shall be replaced by a provision whose meaning is closest to the invalid, ineffective or inapplicable provision. The invalidity, ineffectiveness or inapplicability of one provision is without prejudice to the validity of the other provisions of the licence terms or contract.