TERMS&CONDITIONS OF USING SERVICES RELATED TO 3D MODELIZATION

(„Terms&Conditions”)

The following is a legal agreement between you or your employer or other entity on whose behalf you are entering into this agreement („User“) and EDICO SK, a.s., having its seat  in Matúšova 12, Bratislava, Slovakia and ID of company 35731478 („EDICO“). The following Terms&Conditions constitutes an agreement between User and EDICO setting forth rights and obligations mainly with respect to 2D pictures of works, either artistic works or any other kind of works as defined by relevant copyright legislation, (“Photo”) uploaded by User to the webpage 3dgenio.com (“Site”) and then being transformed into 3D models; all this being performed by EDICO („Services“).  Should the Services be provided in cooperation with a third party (“Third Party”), the provided services shall be governed also by the terms and conditions as set forth by the Third Party; in this case the terms and conditions shall be published on the webpage administered by the Third Party.

If User is using the Site or the Services on behalf of any entity, User represents and warrants that User is authorized to accept these Terms&Conditions on such entity’s behalf, and that such entity agrees to indemnify and pay damages to EDICO for any violations of these Terms&Conditions as set forth herein. Nothing in these Terms&Conditions will be deemed to confer any third party rights or benefits.

Except as expressly provided herein or in separate licence agreement between User and EDICO, EDICO does not grant any express or implied permission to use this Site, Services or any other content that may be deposited on the Site.

EDICO reserves the right to change or modify any provisions of these Terms&Conditions governing User´s use of the Site and/or the Services, at any time in EDICO´s sole discretion and without liability to User. Any such changes or modifications will be effective immediately upon posting of revisions on the Site. These Terms&Conditions are applicable as of June 2016 .

1. Registration at the Site and setting up an Account

User sets up an account at the Site by filling in registration form and declaring its approval with these Terms&Conditions. Registration at the Site may lead to personal data collection carried out by EDICO; in this case the personal data collection is governed by Privacy Policy which is incorporated by reference into these Terms&Conditions and is integral part of these Terms&Conditions.

After setting up an account with EDICO at the Site (“Account”), User may upload a Photo to the Site so that the Services can be performed. Unless User wishes so specifically, the uploaded Photo and 3D model which is a result of Services based on uploaded Photo will be deleted from Site as soon as Services are finished and User is provided with 3D model of Photo. User can also request EDICO to deposit 3D model of Photo into User´s Account; this will be agreed upon on a case by case basis between User and EDICO.

1.1. Account Terms

User warrants that:

  • User is authorized and have fees charged to the credit/debit card number provided by the User via the Site;
  • User´s registration and account information is true, accurate and complete;
  • User accepts all responsibility for all activity that occurs under the User´s name.

User can request anytime to cancel the Account and EDICO commits itself to do so immediately; such request will be addressed to the e-mail designated in Article 2 of these Terms&Conditions. EDICO reserves right to cancel User´s Account in case User breaches these Terms&Conditions or applicable law provisions in a substantial way („substantial breach“) and after User was requested to stop the breach. Account cancelation means for User no possibility to access the Account and the possible content deposited at the Account at the time of cancellation; in case of Account cancelation due to substantial breach, no financial or other compensation will be requested by User and provided by EDICO.

2. Technical and other requirements to upload Photo

2.1. Technical requirements

For User to be able to upload Photo and for EDICO to proceed with Services, following minimal technical requirements must be fulfilled:

  • Accepted file types – *.jpg, *.jpeg, *.tif, *.tiff
  • Maximum file count – 500
  • Maximum file size – 500 MB

Should there be any problem with Photo uploading or any other relevant technical problem, User can and is strongly advised to contact EDICO directly at the following:

  • E-mail address: info@3dgenio.com

EDICO hereby commits itself to provide User any necessary as well as individually tailored made support so that uploading Photo can be finished successfully and Services can be performed as may be requested and expected by User and without any delay.

2.2. Other requirements

User may not upload Photo which:

  • Contains defamatory or otherwise immoral content;
  • Depict unlawful or violent acts;
  • Otherwise violates these Terms&Conditions as well as applicable law.

Should EDICO consider uploaded Photo to be of a nature as described herein in Article 2.2, EDICO will not proceed with Services and will notify User about its decision.

3. Intellectual Property, Copyright and Licences

 3.1. User´s rights and obligations

For any Photo User uploads to the Site, User represents and warrants that:

  • User has all necessary rights to submit Photo to the Site, including necessary rights to an object depicted on the Photo as well as to Photo itself, and grant necessary licences to EDICO set forth herein;
  • EDICO will not need to obtain licences from any third party or pay royalties to any third party with respect to the uploaded Photo and/or an object depicted on the Photo;
  • Uploaded Photo and/or object depicted on Photo does not infringe third party´s rights, including intellectual property rights and personal data rights;
  • Should User not have all necessary rights to Photo and/or to an object depicted on Photo and should this lead to any damage on the side of EDICO, EDICO will request User to pay damages to EDICO as a result of not acting in line with these Terms&Conditions; in this case User commits himself/herself to pay damages as set forth in these Terms&Conditions;
  • The uploaded Photo complies with these Terms&Conditions and all applicable law.

 

By uploading Photo, User grants to EDICO free of charge licence to use uploaded Photo to the extent necessary to perform Services under applicable copyright and other relevant intellectual property laws, in particular EDICO is hereby allowed at least to copy, transform and make derivations from uploaded Photo in order to create 3D model regardless the 3D model is a work under relevant copyright laws or not. The above licence will continue until Services are finished or 3D model is delivered to the User, whatever is earlier.

 3.2. EDICO´s rights and obligations

For any Photo uploaded to Site by User having its Account set up, EDICO represents and warrants:

  • EDICO has all necessary personal and technical capacity to perform Services effectively and with the highest level quality;
  • EDICO will use the licence granted according to this Terms&Conditions only for purpose expressly stated herein;
  • 3D model resulting from performed Services complies with these Terms&Conditions and all applicable law.

Once performing Services resulting in a 3D model which will become a work under relevant copyright laws, EDICO hereby grants User worldwide, unlimited and exclusive licence to use the 3D model in any way possible under applicable copyright and other relevant legislation, especially to copy, transform, make derivations and amalgamate it with other work(s); User will be aware that there may be limitations to use 3D model resulting mainly, but not only, from authorship of the object depicted on the Photo.

Once performing Services resulting in a 3D model which will not become a work under relevant copyright laws, EDICO confirms and declares that User is entitled to any use of 3D model in any way as possible under applicable copyright and other relevant legislation.

 4 Fee

Services performed by EDICO are paid for services. The price for particular Photo shall be calculated and based on up-to-date price list as published on the Site.

5. Liability, warranties, indemnification

 5.1. Warranties

The Services are provided by EDICO under these Terms&Conditions „as is“ without warranty of any kind, either express, implied, statutory or otherwise, mainly as to fitness for a particular purpose or non-infringement. Without limiting the foregoing, EDICO makes no warranty that access to Site will be uninterrupted and/or the quality of Site will meet User´s expectations.

5.2. Liability

To the maximum extent allowed by applicable law, EDICO is not liable for any loss of revenue, loss of profits, or any other special indirect, incidental or consequential damage of any kind that may occur to User in relation to use of Site, Services or anything else made available to Users through Site; EDICO´s total cumulative liability to User arising out of or in connection to use of Site and/or Services will not exceed the amount received by EDICO from User for using Services.

5.3. Indemnification

User will indemnify EDICO for any claims presented by third parties resulting from or arising in connection with:

  • User´s use of Site and/or Services,
  • User´s conduct in relation to use of Site and/or Services,
  • Any breach of these Terms&Conditions and/or applicable law by User,
  • Photo or any other content uploaded to Site in relation to Services.

The third parties’ claims are those including, but not only, breach of their copyright or any other rights in Photo and/or object depicted on Photo.

6. Miscellaneous

These Terms&Conditions together with the Privacy Policy ad any other documents linked to these Terms&Conditions are the entire agreement of the parties superseding all other possible agreements between them regarding subject matter hereof. These Terms&Conditions are made and will be governed by and construed in accordance with the laws of the Slovak Republic. Should there be any provision of these Terms&Conditions invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms&Conditions so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.