Last updated: October 10, 2021
© 2017 3DZIP.ORG. All rights reserved.
No portion of this web site or the service may be reproduced in any form, or by any means, except as authorized below, without prior written permission from 3DZIP.ORG.
2. Use of 3DZIP
“Models” are individual, separate three-dimensional models of objects created, designed, and developed by you or a third-party (a “Developer”) or by 3DZIP and include related content and information about or included with the Models. 3DZIP is not responsible for any Developer Models. “Distribute” means to submit, upload, distribute, sell (upon 3DZIP’s implementation of payment systems) and/or license Models you have created to end users.
To download and use the Models, you need software that is compatible with the Model (for which 3DZIP or the applicable manufacturer may charge a separate fee) and a computer device with Internet access; such requirements may change from time-to-time and are your responsibility.
3. User Accounts
- A. Account Creation.
Upon signing in to 3DZIP the first time, you need to create an account. Currently, you may create a 3DZIP account by signing in with a valid Google ID (a username/password combination used to access your Google account) or 3DZIP ID (a username/password combination issued by 3DZIP). To sign in using a Google ID, you must authorize Google to share account information with 3DZIP and you must maintain your Google ID in good standing subject to any separate user terms between you and Google. The authentication information Google provides to 3DZIP or you provide to 3DZIP may contain personally identifiable information, which will be handled by 3DZIP as described below, and we may publicly display the username and profile photo (if any) associated with your 3DZIP or Google user account. You are entirely responsible for maintaining the confidentiality of your password and account credentials, and you agree that 3DZIP may terminate your access to 3DZIP and other services if you fail to do so. Additionally, you are fully responsible for any and all activities that occur under your account. You agree to notify 3DZIP immediately of any unauthorized use of your account or any other breach of security. 3DZIP will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
- B. Your Personal Information.
4. Age Restrictions
You may not register for a user account or use 3DZIP to Distribute Models if you are under 13 years of age unless we have verified parental consent.
5. Third Party Models, Products and Services
Some of the 3DZIP Materials (defined below in Section 10) may be provided or owned by third parties. 3DZIP does not endorse, guarantee or provide a warranty for the third party 3DZIP Materials and may or may not review them for compliance with law (copyright, patent or any other laws) or 3DZIP policies. Use of a third party Model is governed by the License Terms Applicable to Models set forth below. 3DZIP DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO MODELS POSTED BY THIRD PARTIES (AND ANY ACTION YOU TAKE BASED ON THEM).
6. 3DZIP Proprietary Products and Services
3DZIP’s obligations with respect to its own, proprietary products and services are governed solely by the terms and conditions of agreements under which 3DZIP provides them to you. If you obtain a 3DZIP proprietary product or service through 3DZIP that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that 3DZIP product or service is at your own risk.
Nothing herein grants you any license, rights, title or interest in or to the 3dsmax software which is licensed to you pursuant to a separate agreement (“3dsmax License Agreement”). 3DZIP may update, fix or upgrade the 3dsmax file from time-to-time without notice and such changes may affect compatibility or interoperability of your Model. Your right, if any, to receive such updates, fixes or upgrades is dependent upon and governed by the terms of the applicable 3dsmax License Agreement between you and 3DZIP.
7. License Terms Applicable to Models
8. Availability of Models
9. Distribution of Models through 3DZIP
A. Qualifications and Distribution Terms.
3DZIP may in its discretion set and revise from time-to-time Qualifications regarding the criteria and procedures for 3DZIP to accept and authorize each Model submitted for Distribution through 3DZIP. 3DZIP may choose to waive or impose additional Qualifications for a particular Model in its discretion. 3DZIP may decline to make a Model available on 3DZIP for any reason or no reason.
You may remove a Model you previously posted from 3DZIP at any time provided that removal shall not affect the license granted to end users who downloaded that Model before you removed it and those licenses will continue under the terms of the General Model License. Although 3DZIP will not continue Distribution of your Models after you remove them, 3DZIP may retain archive copies for record keeping purposes.
B. Grant of Licenses. Distributors grant two licenses to their Models as follows:
To 3DZIP. For all Models you Distribute on or through 3DZIP, you hereby grant to 3DZIP a nonexclusive, worldwide, perpetual, transferrable (with the right to sublicense through multiple tiers), irrevocable license (under all applicable intellectual property rights) to copy, publicly perform and display, use, distribute, create derivative works of, store, promote, market, support, transmit, and otherwise make available on or through 3DZIP each Model and related content, including without limitation as necessary to promote, operate and make available 3DZIP and any related 3DZIP products or services. The foregoing license includes the rights for 3DZIP to make available Models (or any parts, related content or derivative works thereof) through 3DZIP’s partners and sublicensees.
To the End User. You will make your Models available to end users pursuant to the General Model License.
C. Title and Ownership.
As between you and 3DZIP, except for the limited license rights granted herein, all right, title and interest in and to the Models you Distribute shall remain yours.
D. 3DZIP Not Responsible for Your Models.
3DZIP does not and will not endorse, guarantee or provide a warranty for your Models and may or may not review them for compliance with law (copyright, patent or any other laws) or 3DZIP policies or Qualifications. Distribution of your Models on 3DZIP is at your own risk.
E. Representations and Warranties.
You represent and warrant that you have all intellectual property rights, including patent, copyright, trademark, trade secret, right of privacy or publicity or other proprietary rights, in and to each Model you Distribute and its related content. If your Model or content includes third-party materials or content, you represent and warrant that you have the right to Distribute the third-party materials or content or otherwise grant 3DZIP all rights and licenses to such Model set forth in subsection (B) above. You shall not Distribute Models unless you are the owner of such Models and/or have all the necessary rights or permissions from applicable third parties.
10. 3DZIP Materials; Use Restrictions
A. Proprietary Rights.
B. Use Restrictions
You may not:
ii. Decompile, reverse engineer, or disassemble 3DZIP Materials that is software (except and only to the extent permitted by applicable law, and then only with advance notice to 3DZIP);
iii. Remove or modify any copyright or other proprietary or legal notices from 3DZIP Materials; or
Misuse includes, but is not limited to:
i. Using 3DZIP Materials to disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images or content; or to harass, stalk, threaten or otherwise violate the legal rights of others;
ii. Using 3DZIP Materials in such a manner so as to interfere unreasonably with its use by others;
iii. Attempting or assisting another to access, alter, or interfere with the communications and/or information of another user;
iv. Scraping information from 3DZIP;
v. Account fraud or unauthorized access of an account;
vi. Uploading, or otherwise making available, any Models or any other 3DZIP Materials, including files that contain text, images, photographs, software or other content owned by others, in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of others;
vii. Advertising, offering to sell or buy goods (other than Models, if applicable), or using 3DZIP Materials for business promotional purposes, except as expressly permitted by 3DZIP or the General Model License;
viii. Violating any code of conduct associated with 3DZIP, or any applicable laws or regulations;
ix. Taking any action that imposes an unreasonable or disproportionately large load on 3DZIP infrastructure; or uploading files that contain viruses, Trojan horses, worms, or other similar software or programs that cause damage to computers or property of others; or
x. Using any messaging functionality made available through 3DZIP to send communications which would violate applicable law (including, but not limited to, the CAN-SPAM Act of 2003) or which contain content or materials of the type prohibited in subsections (i), (vi), (vii) or (ix) above.
11. User Posted Materials
3DZIP may include feedback, ratings and review mechanisms, messaging functionality and other ways in which users can post, upload, interact with, share and submit materials (e.g., text, images, data, etc.) (collectively, “User Communications”). USER COMMUNICATIONS WILL BE CONSIDERED NON-CONFIDENTIAL AND NON-PROPRIETARY AND BY POSTING, UPLOADING, INPUTTING, OPTING TO SHARE, OR OTHERWISE SUBMITTING ANY USER COMMUNICATIONS TO 3DZIP, YOU UNDERSTAND AND AGREE THAT:
i. You are granting 3DZIP, its designees and sub-licensees, consent and permission to use your User Communications, including without limitation, worldwide, royalty-free, non-exclusive, perpetual license rights with right of sublicense to disclose, reproduce, store, display and perform (publicly or otherwise), publish, adapt, modify, transmit, distribute, have distributed, edit, translate, reformat, create derivative works based on and otherwise use such User Communications; and
ii. You represent and warrant that you own or otherwise control all of the rights to your User Communications and that your User Communications will not infringe or violate the rights of any third party.
If you use the “Contact Me” functionality provided by 3DZIP to send private messages to other users, you acknowledge and agree that those other users will be able to see your name and email address in the “reply to” field of your message, view the contents of your message and respond directly to the email address associated with your account.
3DZIP shall have no obligation to monitor User Communications (including other users’ responses to private messages).
3DZIP reserves the right at all times to disclose any information as 3DZIP deems necessary to satisfy any applicable law, regulation, legal process or governmental request or to review, edit, refuse to post, or to remove any User Communications, in whole or in part, in 3DZIP’s sole discretion.
3DZIP DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY USER COMMUNICATIONS AND, THEREFORE, 3DZIP MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING USER COMMUNICATIONS AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THEM (AND ANY ACTION YOU TAKE BASED ON THEM) AND ANY ACTIONS OR CLAIMS RESULTING FROM YOUR PARTICIPATION IN ANY SERVICES.
Please note: 3DZIP has no obligation to remove any User Communications that you have opted to input and share absent 3DZIP’s receipt of your written request to do so. You may submit a request for removal of your shared User Communications from the applicable forum or webpage to the email address designated for such purpose or to Contact@3dzip.org. 3DZIP does not guarantee that it will be able to remove all instances of your User Communications and removal will not affect any licenses granted in connection with your User Communications prior to the time of their removal.
12. Ratings and Reviews of Models
A. In General.
B. Terms Specific to Developers.
3DZIP shall have no responsibility for ratings or to monitor ratings, but may use the ratings to determine the placement of Models, to change the placement from time-to-time, or to remove Models in 3DZIP’s discretion.
Any action you take based on any rating is at your own risk and in your sole discretion.
If you post a review of your own Model, you must disclose your identity and the fact that the Model being reviewed is your Model. If you pay or otherwise incent others to post a review of your Model, you must require that party to disclose that fact in their review. If you post a review of a competitor’s Model, you must disclose your identity and the fact that you publish a competitive Model.
13. Aggregated Information; Feedback
In addition to 3DZIP’s other rights, 3DZIP may collect aggregated information regarding your interaction with 3DZIP and Models (excluding any personally identifiable information) and may exploit and use such aggregated information for any purpose without restriction. 3DZIP may freely use, copy, disclose, prepare derivative works based on, publicly perform or display, distribute and exploit any feedback, bug reports or suggestions you provide to 3DZIP (including in User Communications) regarding 3DZIP Materials or other 3DZIP products and services, without any obligation, royalty or restriction based on intellectual property rights or otherwise.
14. Termination Rights for Violations; Removal of Content and Discontinuation of Service
i. 3DZIP reserves the right to seek all remedies available in law and equity for such violations;
iii. Any authorization and license you have to use and/or Distribute the Models and to use or access other 3DZIP Materials shall automatically terminate; and
iv. You must immediately discontinue use of and destroy any downloaded Models or other 3DZIP Materials, including in any Combined Work.
3DZIP further reserves the right to remove 3DZIP Materials or discontinue services available on 3DZIP with or without notice, to terminate your authorization to use any services or 3DZIP Materials, to terminate your password, if any, and to delete any one or more of your related accounts, for any reason or for no reason, immediately and at any time. 3DZIP accepts no responsibility for such deleted or removed 3DZIP Materials.
15. 3DZIP Messaging
You agree that 3DZIP may contact you with messages sent from time to time through your personal computer, mobile phone or other wireless device delivered using SMS-based text messages, email messages or other communication mechanisms, in situations when such contact is required to respond to your User Communications, send you service announcements or administrative messages, inform you about material events concerning you and your account, or send marketing communications describing new 3DZIP features or highlight featured content to you. You may opt out of those 3DZIP marketing communications at any time by updating your account preferences.
Upon a request by 3DZIP, you agree to defend, indemnify and hold harmless 3DZIP and its affiliates, agents, suppliers and third parties, and its and their employees, contractors, officers and directors from all liabilities, claims and expenses, including attorneys’ fees, that arise from:
i. Your use or misuse of 3DZIP Materials
ii. Distribution of your Models
iii. Violation of the Qualifications
vi. Intellectual property infringement by your Models
v. Your use of any Models you have downloaded
vi. Your breach of the General Model License associated with Models you have downloaded
3DZIP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with 3DZIP in asserting any available defenses. You may not settle any claim without the prior written consent of 3DZIP in each case.
17. No Exclusivity
18. Warranty Disclaimer
3DZIP assumes no responsibility for the accuracy of 3DZIP Materials; nor does 3DZIP warrant that 3DZIP Materials are up-to-date, that 3DZIP Materials will meet your needs, that 3DZIP Materials will be available at any particular time or location, that any defects or errors will be corrected, or that 3DZIP Materials are free of viruses or other harmful components. Your use of 3DZIP Materials and Distribution of Models is at your sole risk. Mention of non-3DZIP products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
3DZIP MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY BY 3DZIP OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
19. Limitation of Liability
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS, IN NO EVENT WILL 3DZIP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED FIFTY DOLLARS (U.S. $50).
3DZIP does not assume and will not have any liability arising from events beyond 3DZIP’s control or the control of its subcontractors, other Developers, business partners or licensors, including events such as acts of God, acts of any governmental entity, acts of a public enemy, strikes, natural disasters, or failure or diminishment of power or telecommunications or data networks or services.
20. Links to Third Party Web Sites
3DZIP may contain links to third party web sites whether provided by 3DZIP or a user of 3DZIP. Access to any other web site linked to 3DZIP is at the user’s own risk. 3DZIP does not control, and is not responsible for, the accuracy or reliability of any information, content, data, opinions, advice or statements made on those web sites, or about any products found at those web sites, or about any search results that may be obtained from using them. 3DZIP provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
21. Linking to 3DZIP
You may create links to 3DZIP from other web sites, but only in accordance with the following guidelines (or other guidelines that 3DZIP may provide from time to time) and in compliance with applicable law. A web site that links to 3DZIP:
May refer to the 3DZIP company name, 3ds or 3DZIP name or product names in a plain text font and format in accordance with 3DZIP’s general trademark usage guidelines, using appropriate wording such as “This way to 3DZIP” or “Click here for more information on 3dsmax products.”
Shall not imply that 3DZIP is endorsing its products.
Shall not misrepresent its relationship with 3DZIP.
Shall not present false information about 3DZIP products or services.
Shall not use the 3DZIP or 3DZIP logos or other trademarks (including third party trademarks) without permission from 3DZIP or the owner of the trademark.
Shall not charge or attempt to charge for the use of 3DZIP or any Models which are not your own Models.
Shall not contain content that could be construed as distasteful, offensive or controversial, and shall contain only content that is appropriate for all age groups.
If you have placed a link on your web site to 3DZIP you agree to promptly remove such link at 3DZIP’s request.
22. Copyright and Trademark Information
Copyright information and a current list of United States trademarks owned by 3DZIP is set forth at https://www.dmca.com/compliance/3dzip.org.
23. U.S. Government Restricted Rights
3DZIP is administered by 3DZIP from its offices or those of its affiliates at various locations within the United States of America. 3DZIP may also make use of its U.S. or foreign affiliates or one or more external service providers to host 3DZIP. Consequently, data is collected, sent, processed and stored in the United States and may be collected, sent, processed and stored outside the United States. You acknowledge that in the event of conflict of privacy laws or practices in your jurisdiction and those in the domicile of the entity hosting 3DZIP the law applicable in the domicile of the hosting entity will have precedence at all times.
3DZIP makes no representation that the Warehouse Materials are appropriate or available for use in locations outside the United States, and accessing them from territories where they are illegal is prohibited. You may not use or export or re-export the Warehouse Materials or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access 3DZIP from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
25. Choice of Law and Forum
26. Contacting 3DZIP
27. Digital Millennium Copyright Act
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide 3DZIP’s DMCA administrator the written information specified below, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2).
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on 3DZIP;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
3DZIP’s DMCA administrator for notice of claims of copyright infringement on 3DZIP can be reached as follows:
Trung Liet Ward
Dong Da district
28. General Provisions