3DBee Terms of Service, Privacy Policy and Cookie Policy

TERMS OF SERVICE

Welcome to the 3DBee.IT, the 3D asset store (i.e. models and textures), one of GarageFarm.NET’s sub brands and service offerings for 3D artists. The service of rental and selling of 3D assets consist of our website, desktop application or mobile application and plugins (collectively, the “Service”). Your use of the Service is subject to these Terms of Service, Privacy Policy, and Cookie Policy (collectively, the “Terms of Service” or “Agreement”). These Terms of Service are a legal agreement between You (you or your Company collectively, “You”) and GarageFarm.NET Ltd., the owner of 3DBee.IT brand and the Service it provides (collectively “GarageFarm.NET” and “We”). “You” refers to any individual who creates an account on the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then “You” refers to such entity. If You are accessing the Service on behalf of Your employer, you represent and warrant that You have the authority to agree to these Terms of Service on its behalf.

Before using our services, you should read these Terms of Service. If You do not agree with the terms of this Agreement, do not use or discontinue to use the Service. GarageFarm.NET reserves the right to update and change the Agreement from time to time without notice or acceptance by You. The Agreement will also be applicable to the use of the Service on a trial basis. By using the Service, You signify Your irrevocable acceptance of this Agreement. The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

1. Description of Service

The Service includes, and is limited to, a service, web site, chat, desktop application or mobile application that allows You access to and use of a single 3DBee.IT Account. Registration, access, and the use of multiple 3DBee.IT Accounts by the same person or entity is prohibited. Companies and teams that require the use of multiple accounts may be exempted from this rule by prior permission granted by GarageFarm.NET. A “3DBee.IT Account” or “Account” referred to herein means a service, web site, chat, desktop application or mobile application, provided by GarageFarm.NET, where You may use it to download 3D assets.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Agreement. In order to use the Service, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

You also understand and agree that the service may include certain communications from GarageFarm.NET, such as service announcements, product updates, administrative messages, etc., and that these communications are considered part of the Service and You will not be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by GarageFarm.NET for use in accessing the Service.

GarageFarm.NET will provide the Service in accordance with this Agreement. GarageFarm.NET may at its sole discretion modify the features of the Service from time to time without prior notice or acceptance, however, we will do our best to make regular announcements containing such modifications and added features.

You or any third party are strictly prohibited from using the Service and its assets to develop and provide services that compete with GarageFarm.NET’s products.

2. REGISTRATION

In order to use the Service, You must have a valid Account. To acquire an Account for the Service, You must provide GarageFarm.NET with an electronic mail address (email) and other information (“Registration Data”). The email address must to be real and valid. The use of any instant, temporary, or fake email address to create an Account is prohibited.

In consideration of use of the Service, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service’s registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. GarageFarm.NET assumes no duty to verify such information. If You provide any information that is untrue, inaccurate, not current or incomplete, or GarageFarm.NET has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GarageFarm.NET has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof).

You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify GarageFarm.NET of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. GarageFarm.NET cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.

By using the Service (and registering an Account on the Service), You represent and warrant that you are at least 13 years of age. No one under the age of 13 may use the Service. GarageFarm.NET may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.

You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale or provision of the Service conflicts with any applicable law, rule or regulation.

3. NO WARRANTIES OR REPRESENTATIONS BY GARAGEFARM.NET

You understand and agree that the Service is provided “as is” and GarageFarm.NET and its affiliates expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on GarageFarm.NET’s servers. GarageFarm.NET and its affiliates make no warranty or representation regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user’s requirements. Use of the Service is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with You. No oral or written information or advice given by GarageFarm.NET or its authorized representatives shall create a warranty or in any way increase the scope of GarageFarm.NET’s obligations.

4. INDEMNITY

You and GarageFarm.NET shall indemnify and hold harmless each other and each other’s subsidiaries, parent, affiliated and associated companies including its and their contractors of any tier and its and their respective agents, servants, directors, officers and employees from all claims, liabilities, costs, damages and expenses of every kind and nature associated with, related to, or arising out of any infringement of any intellectual rights used in the performance of the Agreement.

5. MODIFICATIONS TO SERVICE

GarageFarm.NET reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that GarageFarm.NET shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Service.

6. SUSPENSION OF THE SERVICE

If You breach this Agreement, GarageFarm.NET may terminate this Agreement by providing You with a notice of termination. You will be deemed to be in breach of this Agreement and GarageFarm.NET will have the right to terminate this Agreement upon providing notice if any monthly or other fees associated with the Software or Services are not paid within thirty (30) days of their becoming due. In addition, GarageFarm.NET may terminate this Agreement and/or immediately cease to provide the Service without any liability whatsoever by providing You with notice of at least thirty (30) days. GarageFarm.NET shall not have any liability to You arising from or related to the termination of this Agreement in accordance with this Section. Upon termination of this Agreement: (a) You will cease all use of the Software and, if possible, permanently delete all copies of the Software in Your possession or control; and (b) GarageFarm.NET shall also have the right to cease providing the Services to You. GarageFarm.NET may also temporarily suspend the Services, in whole or in part, where required by law, in the case of security violations or threats, for service maintenance or repair, or for any other reasons deemed necessary or desirable by GarageFarm.NET.

7. INTELLECTUAL PROPERTY RIGHTS

All assets provided by the Service, its description, the organization and presentation of these materials on the 3DBee.IT store website are the property of GarageFarm.NET and are protected by intellectual property laws.

All assets provided by the Service (models, textures, renders, materials, hdri etc.) which can be purchased or downloaded from 3DBee.IT store are under Royalty-Free non-exclusive license. License is personal and NON transferable. Each download or purchase of an asset grants you a non-exclusive license while the ownership remains exclusive to GarageFarm.NET.

You can sell or resell rendered moving or still images, resold as a part of a feature film, movie advertisement etc. You may publish renders containing 3DBee.IT assets. You have the right to use your rendered images containing 3DBee.IT assets in any way – charge a fee for them, modify them, give away for free etc.

If you want to use 3DBee.IT assets in a computer game or in a 3D interactive presentation, then you need a special license. Contact us, and we will work out the details of the individual terms suited for You.

If you paid for a subscription, you can use available 3DBee.IT assets to create your scenes as long, as the subscription is valid. After that date, you can not use 3DBee.IT assets to create new content, however, you still may sell or resell the content created during the validity of the subscription.

Some of the 3D assets may contain certain brand elements such as logos or product names. The use of these kind of assets in your personal or professional work is at your own discretion.

8. LIMITATIONS OF LIABILITY

Neither party will be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, including but not limited to damages for lost data, lost profits, lost revenue or costs of procurement of substitute goods or services, however caused and under any theory of liability, including but not limited to contract or tort (including products liability, strict liability and negligence), and whether or not such party was or should have been aware or advised of the possibility of such damage and notwithstanding the failure of essential purpose of any limited remedy stated herein.

The total aggregate liability of either party arising from or related to this agreement shall be limited to the total net payments of previous 30 days paid by You to GarageFarm.NET for the affected service which gives rise to such liability in the three (3) month period immediately preceding the date in which the claim arises.

9. RETURN POLICY

GarageFarm.NET provides services as it is. If provided assets are faulty or don’t work properly, even though they were designed and created to be compatible with your software, you may contact GarageFarm.NET’s customer support to examine your case. If we can’t help you fix it or we can’t conclude the fault lies on Your end we will offer you a full or a partial refund (if you purchased the asset) or offer a replacement of the asset with a similar one (if you have an active subscription).

10. PAYMENT METHODS

GarageFarm.NET accepts online payments and, after the consultation with and the agreement of customer support, wire transfers, Western Union transfers and cheques. Settlement of transactions by credit card and e-transfer are carried out through PayPal and Dotpay.

Your personal data and credit card number will be securely stored by PayPal or DotPay for the purpose of subscription payments. GarageFarm.NET will not store or know your credit card details.

You can purchase assets individually and pay for each separately, or you can gain access to all available assets through an annual subscription.

You will receive a notification with the information about your next subscription payment at least 14 (fourteen) days before we charge your account through your preferred payment method. We will also notify You about any upcoming payment, changes in payment terms or about any issues regarding your payment.

You can cancel your subscription membership in our Service at any time. After you canceled the subscription, you will have access to all your assets until the end of the subscription period, and we will not charge you for the subsequent periods. You can change your subscription plan at any time. After you changed the subscription plan, we will charge you for the new subscription after your previously paid subscription period has finished.

PRIVACY POLICY

11. PRIVACY

We collect personal information You provide when opening the Account. We also store chat history with You and any users that use your Account. We use the information collected from our service (Your Account and chat conversation data) to provide support and maintain Your Account. We also use this information to offer You content – i.e. announcing software updates, releasing new software, and notifying you regarding changes in your account. We will always ask for your permission in case we want to use your work, for example, to share it with our community or to use it for marketing purposes. We will never share those files with anyone outside of GarageFarm.NET without your written consent.

We do not share personal information with companies, organizations and individuals outside of GarageFarm.NET.

We work hard to protect You from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold by encrypting our services using SSL and requiring account verification upon Account registration.

12. CONFIDENTIALITY

You shall not use or disclose the Confidential Information of GarageFarm.NET or its Third Party Licensors during the Term of this Agreement and following the expiration or termination hereof without the prior written consent. You agree to take all reasonable precautions to protect the Confidential Information of GarageFarm.NET or its Third Party Licensors, using at least the same standard of care as you use to maintain the confidentiality of your own Confidential Information. “Confidential Information” means non-public information of GarageFarm.NET or its Third Party Licensors relating to their business activities, financial affairs, technology, software, services, material, pricing, marketing or sales plans that may be provided to or accessible by you in connection with this Agreement. GarageFarm.NET will take the same standard of care to maintain the confidentiality of you.

13. WHAT ARE COOKIES

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or ‘break’ certain elements of the sites functionality and the quality of the service we provide.

For more general information on cookies see the Wikipedia article on HTTP Cookies.

14. HOW WE USE COOKIES

We use cookies for a variety of reasons detailed below. Unfortunately, in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

15. DISABLING COOKIES

You can prevent the setting of cookies by adjusting the settings on your browser (because every browser is different, please refer to your browser’s Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of this site and the services associated with it. Therefore, it is recommended that you do not disable cookies.

16. THE COOKIES WE SET

Site preferences cookies

In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page it is affected by your preferences.

Third Party Cookies

In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content and improve website performance.

We configured the retention period of the data to “do not automatically expire” this way we still can access the data for the past years. We also applied the “IP Anonymization”, in this way Analytics anonymizes the address as soon as technically feasible at the earliest possible stage of the collection network. These controls affect most standard reporting, collecting and aggregating data.

For more information on Google Analytics cookies, see the official Google Analytics page.

Third party analytics like Hotjar and Facebook Pixels are used to track and measure the usage of this site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site or pages you visit which helps us to understand how we can improve the site for you and your experience on the site.

From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.

We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including Facebook, Instagram, LinkedIn, Twitter, Youtube, and Pinterest will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

17. MODIFICATIONS OF TERMS OF SERVICE

GarageFarm.NET reserves the right to update or revise the Terms of Service at any time. GarageFarm.NET will post such changes via electronic mail or otherwise communicate such changes to You in a suitable way. Your continued use of the Service constitutes your acceptance for the communicated changes.

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