When you use materials.3dcoat.com, you are agreeing to all the rules on this page.
materials.3dcoat.com offers materials such as 2D and 3D models, photos, textures and other materials (hereafter: ‘’Textures’’) and certain services (the "Services") available either free of charge or at additional cost at its website www.materials.3dcoat.com. The use of the Textures is subject to the below terms and conditions. Using materials.3dcoat.com constitutes acceptance of these terms and conditions.
ARTICLE 1. Account Registration and Access
1.1 To download Textures, you first need to register for an account.
1.2 You must secure access to your account against third parties and keep all authorization data confidential. Materials.3dcoat.com will assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you.
1.4 The account may not be transferred or assigned.
ARTICLE 2. Use of Textures
2.1 If you buy any Subscription Plan (available at https://materials.3dcoat.com/buy), you may make a copy of a Texture of your choice depending on the points available to you and the amount of points needed to download the said Texture, and you are hereby granted a non-exclusive, assignable, worldwide license to:
a) use downloaded Textures in 2D or 3D computer graphics, website design, advertising banners, movies, television shows and printed media;
b) incorporate downloaded Textures in computer games and 3D models;
c) sell works that incorporate the downloaded Textures as stated in 2.1(a) and 2.1(b) except for bundles of photos, texture packs, materials, clipart or any other similar product which incorporates unmodified or automatically modified Textures.
2.2 In case of unsubscribing, the remaining points on your account will be preserved. Therefore, you are free to spend those remaining points at a later time, even without an active subscription plan.
2.3 Each Subscription plan may stipulate different number of points which may be used for making a copy (downloading) of the specific Texture to your computer. The points are used for convenience only and does not represent real value in any currency. Some Textures may require different amount of points in order to be downloaded (copied) to your computer.
ARTICLE 3. Stockpiling Textures
3.1 You are forbidden to:
a) redistribute (accumulate and maintain a supply of for future use) Textures with the goal of making a local (copy of the) Textures library available for public (either through communication to public or through sale of copies of the Textures). For avoidance of doubt, it is allowed to store Textures on your computer in order to create and use derivative works based on the Textures as specified in Article 2;
b) use a program (spider, leecher) or script to automatically download (all) Textures from www.materials.3dcoat.com.
c) interfere with the security or otherwise abuse, disrupt, place excessive loads on, or attempt to gain unauthorized access to the Materials.3dcoat.com website or any system resources or networks connected to this website.
ARTICLE 4. Availability and Maintenance
4.1 Materials.3dcoat.com uses its best endeavours to make the service available at all times, but makes no guarantees about uninterrupted availability.
4.2 Materials.3dcoat.com may adapt the website and service from time to time. Your feedback and suggestions are welcome, but ultimately Materials.3dcoat.com decides which adaptations to carry out (or not).
ARTICLE 5. Payment
5.1 All charges incurred on Materials.3dcoat.com, and all purchases made on materials.3dcoat.com, are payable in advance and final.
5.2 If you have purchased any recurring subscription, you agree to notify materials.3dcoat.com promptly of any changes to your credit card account number, its expiration date and/or your billing address, or other payment account number, and you agree to notify materials.3dcoat.com promptly if your credit cardor other payment account expires or is cancelled for any reason.
5.3 With a recurring subscription you will be billed every month, on the same day you made your purchase.
5.4 You have the right to withdraw from any purchase of Texture within 14days without giving any reason.
5.5 Payment for Services including recurring subscription shall be non-refundable and may only be refunded at own discretion of Materials.3dcoat.com.
5.6 To exercise the right of withdrawal and receive the refund, you must inform us of your decision to withdraw from the purchase by contacting customer support.
5.7 We shall reimburse to you all payments received from you not later than 14 days from the day on which we are informed about your decision to withdraw from the purchase. We will carry out such reimbursement using the same means of payment as you used for the initial transaction.
5.8 The exact price and details of each Texture or subscription can be found on the Materials.3dcoat.com website and can be subject to change.
5.9 All prices are stated in either EUR or USD and may be converted to your local currency at the time of payment.
5.10 All prices are exclusive of all (local) taxes, duties and other government charges as may be applicable.
5.11 Payment can be made by credit card or as explained further on the website.
ARTICLE 6. Privacy
We do not share your personal information with anyone, except when strictly needed (for example when you make a purchase on our website). The same is true for email: we only send you an email for account activation or when you forget your password. If we ever want to send a newsletter, we will ask for your permission first. Please see our privacy statement for more information.
6.1 Materials.3dcoat.com respects your privacy and personal data. We do not disclose your personal data. No newsletters or offers will be sent to you without your prior consent. Any information submitted by you will be used solely for the purpose of completing the transaction, delivering the srvices and addressing customer service issues. In our privacy statement, we will explain which personal data we collect and for which purposes.
ARTICLE 7. Intellectual Property Rights
7.1 The Textures you download are only licensed to you as stated in Article 2; you do not become the owner of the Textures. All intellectual property rights to all Textures and all content on the website www.materials.3dcoat.com belong solely to Materials.3dcoat.com or its licensors.
7.2 Textures may contain environments, buildings, vehicles and other objects which may be proprietary intellectual property of their respected owners. Direct use of these Textures in your work is at your own risk and responsibility.
7.3. Your use of Textures (or each specific Texture) may be assigned to any third party subject to proper notice to customer support of Materials.3dcoat.com.
ARTICLE 8. Liability and Indemnification
8.1 Except in cases of intentional misconduct or gross negligence, the liability of Materials.3dcoat.com shall be limited to the amount paid by you in the twelve months prior to the moment the cause of the damage occurred.
8.2 In no event shall Materials.3dcoat.com be liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption, loss of business information, loss of data, or any other pecuniary loss in connection with any claim, damage or other proceeding arising under this agreement, including - without limitation - your use of, reliance upon, access to the Materials.3dcoat.com website, the Textures or any part thereof, or any rights granted to you hereunder, even if you have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.
8.3 Damages may only be claimed if reported in writing to Materials.3dcoat.com a maximum of two weeks after discovery.
8.4 In case of force majeure Materials.3dcoat.com is never required to compensate for damages suffered by you. Force majeure includes, among other things, disruption or unavailability of the internet, telecommunications infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
8.5 You indemnify Materials.3dcoat.com against all claims arising out of or in connection with this agreement and the use of Textures.
ARTICLE 9. Term and Termination
9.1 These terms and conditions come into force as soon as you first register an account or use the Texture or Service. The agreement remains in effect until your account is terminated.
9.2 You can terminate your account at any time.
9.3 Materials.3dcoat.com is entitled to temporarily block your account or terminate your Account:
a) if Materials.3dcoat.com discovers stockpiling behaviour;
b) in the event of a breach of these terms and conditions.
9.4 Materials.3dcoat.com is not liable for any damage you may suffer by the termination of the account or subscription in accordance with Article 9.3.
ARTICLE 10. Changes to Terms
10.1 Materials.3dcoat.com may change these terms and conditions as well as any prices at any time.
10.2 Materials.3dcoat.com shall announce changes or additions through the service or on the website.
10.3 If you do not want to accept a change or addition, you can terminate the agreement when the changes take effect. Use of Materials.3dcoat.com after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
ARTICLE 11. Final Clauses
11.1 Ukrainian law applies to this agreement.
11.2 Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with the Textures or Services shall be brought before the competent Ukrainian court based in Kyiv, Ukraine.
11.3 For any clause in these terms and conditions which demands that a statement must be made "in writing" to be legally valid, a statement by e-mail or communication through the Materials.3dcoat.com service shall be sufficient provided the authenticity of the sender can be established with sufficient certainty and the integrity of the statement has not been compromised.
11.4 The version of any communication of information as recorded by Materials.3dcoat.com shall be deemed to be authentic, unless you supply proof to the contrary.
11.5 In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
11.6 Materials.3dcoat.com is entitled to assign its rights and obligations under this agreement to a third party as part of an acquisition of Materials.3dcoat.com or the associated business activities.
11.7. You agree to comply with all applicable import/export laws and regulations. You agree not to export or assign the Textures and Services to entities or individuals or countries against which there are imposed sanctions or to which exports are at the time of exportation restricted by the government of the Unites States, Japan, Australia, Canada, countries of the European Community or Ukraine. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country, entity or individual.
ARTICLE 12. Contact
12.1 Email any questions regarding these terms and conditions or any other questions about Materials.3dcoat.com to firstname.lastname@example.org
Limited Liability Company “PILGWAY”,
registered in Ukraine under No. 41158546
office 41, 54-A, Lomonosova street, 03022
Materials.3dcoat.com may also collect anonymous information about people who visit the company’s main website, https://materials.3dcoat.com.com, for marketing and advertisement purposes. For this we may use different tracking technologies also known as “cookies” of which you will be notified on the first access to our website.
2. DATA WE COLLECT AND HOW WE USE IT
We collect the data you provide to us directly, such as when you create a materials.3dcoat.com account, use our Services or contact us for support. This data is used for the purposes it was given for:
- Anonymous data which we get by recording how you interact with our Service or usage data from Service (this includes data about your device and the network you use to connect to our Service, including IP address). This data is collected for statistical purposes, which helps us to track errors and improve our Service. We collect, store and process such data and, if necessary, transfer it for the same purposes to third parties.
- Credit/debit card information, namely: name and surname of cardholder which is collected through the subscription form and transferred to payment company. We use it to indentify your payment of the Services.
We do not collect credit/debit card number, expiry date and security code. This information is collected through the subscription form directly by payment company and is used to charge you the amount required to pay for the Services. For this purpose payment company may use the data collected including cross-border transfer of such data. For the list of such payment companies please refer to the list of our Partners below.
Materials.3dcoat.com makes all the effort to protect the personal data of users. We use industry standard protection technology against unauthorized access or personal data disclosure.
Should we experience or suspect any unauthorized access to your data we will notify you of the same as soon as practically possible but not later as applicable law requires us to do that. We will also notify of the same any government bodies which we are required to notify in cases stipulated by applicable law.
If necessary, we will update this privacy statement, taking into account customer feedback and changes in our services. The date at the beginning of the document specifies when it was last updated. If the statement is significantly changed or the principles of the personal data use by materials.3dcoat.com is changed, we will seek to notify you in advance by e-mail or a general announcement on our resources.
3. To identify your session during your visit of our website.
4. To determine your login at the website.
You may recall your consent to collect, store, process or transfer your personal data at any time by contacting our customer support. You may choose whether you recall your consent with respect to all the above or you choose to limit us in certain uses (for example, you do not want us to transfer your data to third parties), or you may choose to restrict us in using certain type of data you share with us.
If you recall your consent to store data, we will delete it as soon as practically possible but not later than 1 month from the date we receive such request.
After your account is deleted we will retain statistical or anonymous data collected through the Service, including activity data, which may be used by materials.3dcoat.com and shared with third parties in any manner.
LIST OF PARTNERS
Payment company: Bluesnap Inc., a California corporation having its address at 800 South Street, Suite 640, Waltham, MA 02453, USA for the purpose of finalizing payment for the Services.
We will provide you information regarding your personal data as soon as practically possible and free of charge but not later than 1 month from the date of your request to our customer support.