Terms

Terms and Conditions

End-User License Agreement for 3D Cargo

3D Cargo is a website offering digital products for sale. This website, 3dcargo.net, is owned and operated by 3D Cargo ABN 24338995317 (“3D Cargo”). This "Terms and Conditions Agreement" (“Agreement”) applies to all users of the Service (collectively or individually, (“You”, “Users”, “Customer”).

By signing up for a 3D Cargo Account or by using any 3D Cargo Services, you acknowledge that you have read, understood, agree with and accept all of the terms and conditions contained or expressly referenced in this agreement, including 3D Cargo’s Privacy Policy. If you do not agree to all of the terms and conditions of this agreement, then please do not attempt to use the Service.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.

You must be at least 18 years of age to sign up for 3D Cargo or use any of the Services provided.

These Terms may be translated into other languages, but the governing language is English in the event of any contradiction in terms between the English and foreign translation.

Definitions:

You, Your, User, Customer - Any person accessing the Website or Services provided by 3D Cargo.
Website - The domain 3dcargo.net and all sub-domains.
Service - Any additional services, applications, social platforms or products provided by 3D Cargo.
Price - The price set by 3D Cargo for the licensing of a Product in accordance with the EULA.
EULA - An end-user license agreement or EULA is a legal contract between the supplier (3D Cargo) and a customer or end-user (You).
Product - The digital product that is purchased by You.
Incorporated Product - a digital product that is used in conjunction with other products.
Product License - The license type granted to use the Product in accordance with 3D Cargo's license agreement. Typically these are either Royalty Free or Editorial types.
Start Date - The date of acceptance of the EULA and use of the Service provided by 3D Cargo.

1. ACCEPTANCE

This Agreement is a legal agreement between You and 3D Cargo, and governs Your use of the Service and related Products and Services provided to You by 3D Cargo. The purpose of this Agreement and license is to allow You to use the Services provided by 3D Cargo during the term on the terms and conditions stated in this Agreement, to develop Products for either personal or commercial use, as applicable under the license. This EULA is made effective beginning on the earliest of the date on which You first accept this EULA, access or otherwise use the Service, the Start Date.

2. ACCOUNTS

2.1 To use the Service, You must either:

register an account via 3D Cargo’s website; or
access the Service and provide required user information (such as Your email for downloading the purchased products).

2.2 The number of Users who are permitted to use the Service is one, the person or entity that created the account on 3D Cargo or purchased and downloaded Products.

2.3 You may delete Your account at any time.

2.4 Permitted Users keep the password for their account to use the Services strictly confidential and must not share such information with any other person. Permitted Users must not share their account with any other person, and must not allow any other person to access their account.

3. REGISTRATION

3.1 When registering an account, You must provide 3D Cargo with a valid name, email address and password which will be registered by 3D Cargo. Additional information will be required for business/company Users and 3D Cargo may also save additional data as outlined in the 3D Cargo Privacy Policy. You acknowledge and agree that You will:

provide true, accurate, current, and complete information as requested when registering an account; and
maintain and update this registration information to keep it true, accurate, current, and complete.

3.2 You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to any computer, smart phone, tablet or other device that You use for accessing the Service and You hereby accept sole responsibility for all activities that occur under Your account.

3.3 3D Cargo and its affiliates reserve the right to refuse the Service, terminate accounts, remove or edit content and delete Products or cancel orders in their sole discretion if You provide registration information which is false, inaccurate, not current, or incomplete.

3.4 3D Cargo may share Your registration information with its partners, affiliates, and third parties to handle and deliver certain online activities necessary to operate 3D Cargo’s businesses (e.g., process orders and payments etc.). For more information see the 3D Cargo Privacy Policy.

4. INTERNET ACCESS

A high-speed Internet connection is required for proper transmission of and access to the Service. You are responsible for procuring and maintaining the network connections that connect Your network to the Service. We are not responsible for notifying You of any upgrades, fixes or enhancements to any software or for any compromise of data, including Your Data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by 3D Cargo or our partners. We assume no responsibility for the reliability or performance of any connections as described in this section.

5. THE SERVICE

5.1 The Service comprises of textures, composite files, video media, training/tutorial media, Products and any digital media or graphic design (2D or 3D) files.

5.2 Payment of the applicable Price entitles You to purchase and download the Products on 3D Cargo. You or any third party is strictly prohibited from using 3D Cargo Products or Customer Products in any other products or services or develop products and services that competes with 3D Cargo’s Products and Services.

5.3 We reserve the right to remove 3D Cargo Products from the Services at any time.

5.4 Only a permitted User may handle or otherwise make use of 3D Cargo Products within the Services.

6. TYPES OF LICENSES

6.1 Royalty Free License
A Royalty Free license entitles You to use it as long as it is incorporated into the product and as long as the 3rd party cannot retrieve it on its own in both digital and physical form. You cannot resell the Product You purchased in its digital form and You cannot resell it in its printed form as a separate, single item.

The Product may not be sold, given, or assigned to another person or entity in the form it is downloaded from the Website.

The license to use the Product in this paragraph is strictly limited to the incorporated Product. Any use or republication, including sale or distribution of the Product is strictly prohibited. For illustration, approved distribution or use of the Incorporated Product includes, but is not limited to:

As rendered still images or moving images; resold as part of a feature film, broadcast, or stock photography;
As purchased by a game’s creators as part of a game if the Product is contained inside a proprietary format and displays inside the game during play, but not for users to re-package as goods distributed or sold inside a virtual world;
As Product published within a book, poster, t-shirt or other item;
As part of a physical object such as a toy, doll, or model.

If You use any Product in software products (such as video games, simulations, or VR-worlds) You must take all reasonable measures to prevent the end user from gaining access to the Product. Methods of safeguarding the Product include but are not limited to:
Using a proprietary disc format such as Xbox 360, Playstation 3, etc.;
Using a proprietary Product format;
Using a proprietary and/or password protected database or resource file that stores the Product data;
Encrypting the Product data.

Without prejudice the information above, grants to the Customer who purchases the Product rights to use it solely as incorporated Product a non-exclusive, worldwide, license in any medium now known or hereinafter to:

Reproduce, post, promote, license, sell, publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes;
Use any trademarks, service marks or trade names incorporated in the Product;
Use the name and likeness of any individuals represented in the Product only in connection with Your material.

The resale or redistribution by the User of any Product, obtained from the Website is expressly prohibited unless it is an Incorporated Product as licensed above.

6.2 Editorial License

Products designated with the Editorial Use label may only be used in an editorial manner, relating to events that are newsworthy or of public interest, or an academic manner, relating to teaching purposes, scholarship, and research, and may not be used for any commercial, promotional, advertising or merchandising use. In certain very limited instances, You may otherwise have the rights to Depicted Intellectual Property in Products that is labeled Editorial. For instance, You may be the advertising agency for a brand/IP owner or You may be the brand/IP owner itself purchasing Products. If that is the case, You may use the Products with the Editorial license commercially under the standard terms of the Product License, assuming You have the rights clearance through other means. But You must have all the intellectual property rights necessary from the IP in the Product and this is usually only the case for the vendor of a brand/IP or for a brand/IP owner itself. As a rule of thumb, if You wonder if You have these rights, You don’t. It is usually very clearly set forth in a contract. The burden and risk of confirming these rights is on You if You Purchase the Product.

Allowed Editorial Uses

Rights Holders: The company or individual who owns the Depicted Intellectual Property is allowed all uses in the Product License as if the Product were not labeled with “Editorial Use”;
Official Licensee: You may have an explicit written license with the owner of the depicted IP and are allowed any or all uses in the Product License;
Broadcast, Online or Print News. Include a informational news broadcast, a non-commercial journalism blogs or print discussing a specific current event;
Documentary. Using a Product to depict an animal, item or subject in a documentary where the Product is used as an example - not as the main element of the documentary;
Academics. Using a Product to teach or inform students in an academic situation as an example - not as the main element of lesson.

Types of Editorial Uses Not Allowed

Advertising. No advertisements (video, print, other), billboards, tradeshow or exhibit displays, etc.
Merchandising. No physical product for resale, video game, etc.;
Defamatory. No defamatory, libelous or otherwise unlawful manner whether directly or in context or juxtaposition with such specific subject matter;
Branding. No incorporation into a logo, trademark or service mark;
Commercial Purpose. No commercial, non-news related purpose;
Modification. A Product with an Editorial Use label may not be modified so that it no longer contains Depicted Intellectual Property.

6.3 Suspension of Account
If 3D Cargo in its sole discretion deems that You are misusing Your license it may shut down access to the Service effective immediately and terminate this Agreement. Any prohibited use of the Service will result in termination of this Agreement and the license and an obligation for You to compensate 3D Cargo for any and all losses and damages which it incurs.

7. PRICE AND CREDITS

7.1 The Service is offered as a Product purchase based service.

7.2 3D Cargo will set the price for the licensing of each Product available for purchase.

7.3 Users are solely responsible for obtaining their own tax advice before using the Website and Services.

7.4 Users are solely responsible for any tax consequences as a result of the use of the Website and the Services.

7.5 3D Cargo and its partners reserve the right to change the Price, the payment terms, price of 3D Cargo Products, any availability of 3D Cargo and its services etc. at any time without notice; provided, however, such changes will not affect the Price paid and payment terms for any products and services already purchased and paid for in full.

7.6 All Price(s) are payable in whole and are not refundable in whole or in part, unless stated otherwise by 3D Cargo in writing or otherwise in accordance with this Agreement. For more information see 3D Cargo's Return Policy.

8. ACCESS

In consideration of the payment of the applicable Price and subject to Your compliance with these terms, 3D Cargo shall provide You with access to the Service and enable You to access and use the Service. If 3D Cargo is unable to process any applicable payment at any time, Your access to the Service may be suspended or terminated at 3D Cargo’s discretion.

9. GRANT OF LICENSE

Subject to the terms of this Agreement and Your compliance, 3D Cargo grants You a limited, non-exclusive, revocable license that is non-sublicensable and non-transferable to access and use the Service to purchase Products.

10. NO RIGHT TO CREATE AND SELL 3D CARGO AND CUSTOMER PRODUCTS ON STAND ALONE BASIS

10.1 The Service must only be used for creating Customer Products which are integrated into Your own unique creations such as images and animation of video games. See section 6 for clarity on details.

10.2 You must not sell, license or otherwise provide access to 3D Cargo Products (modified or in original format) to third parties on a stand-alone or re-distributed manner which is the same or similar to that provided by 3D Cargo under this Agreement. This includes but is not limited to cloud rendering services, design software and games or any other service where the users of the services (a) have direct or indirect access to the files of 3D Cargo Products or (b) where the players or users of that software or game are using 3D Cargo Products to design rooms, architectural buildings or levels. See section 6 for clarity on details.

10.3 You must not use, allow another person to use or encourage any person to use or access 3D Cargo Products for the purpose of any form of artificial intelligence, including but not limited to machine learning and neural networks, using the 3D Cargo Products to learn from or mimic a 3D Cargo Product in any way.

10.4 Any breach or attempted circumvention of this clause may result in immediate termination of this Agreement and/or access to the Service permanently suspended.

11. ABUSE
Harassment in any manner or form towards 3D Cargo employees, including via e-mail, chat, social media, or by use of obscene or abusive language, is strictly forbidden and will result in termination of this Agreement and the license and an obligation for You to compensate 3D Cargo for any and all losses and damages which it incurs.

12. CONSENT TO USE OF DATA

You agree that 3D Cargo may collect and use technical information and data gathered as part of the support services provided to You. For more information see the 3D Cargo Privacy Policy.

13. INTELLECTUAL PROPERTY RIGHTS

13.1 3D Cargo owns all right, title, copyright, and other intellectual property rights and interest, including but not limited to all trademarks, service marks, and trade names in the Service, software, material, any documentation and any copies thereof and retains all such rights and any other products and services. Except as expressly granted in this EULA; no license, right or interest in any patent, trademark, copyright, trade name or service mark is granted to You. The Service is licensed, not sold.

13.2 You agree not to assert against 3D Cargo any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights.

13.3 3D Cargo has indicated in the title of some 3D Cargo Products that they are representations of real-world objects. Real-world objects are indicated through the Product License type Editorial. 3D Cargo owns the model itself, but it is possible that another group may claim ownership of the subject matter depicted. While we have not received any notices from another group that they disallow commercial uses, 3D Cargo notifies You that additional legal clearances may be required for some uses of these models. See section 6.2 for clarity.

13.4 You are not required to provide any ideas, feedback or suggestions regarding the Service or any of 3D Cargo’s products or services to 3D Cargo. To the extent You do provide any feedback to 3D Cargo, You agree to assign and hereby do assign all right, title and interest in and to such feedback to 3D Cargo and acknowledge that 3D Cargo may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to You.

14. USER INTELLECTUAL PROPERTY

We hereby grant to You a perpetual, non-exclusive, non-transferable worldwide license to use the Product for the uses described in section 6. Unless the use is in contradiction to the License Restrictions, see section 15. All other rights in and to the Products, including, without limitation, all copyright and other intellectual property rights relating to the Products, are retained by 3D Cargo.

15. LICENSE RESTRICTIONS

15.1 You agree to abide by all applicable laws and regulations in using the Service.

15.2 You agree not to:

attempt to reverse engineer, decompile, translate, or disassemble the Service or related software or materials;
rent, lease, or transfer the Service, or related software or materials;
disclose the results of any performance benchmarks of the Service or related software or materials to any third party without 3D Cargo’s prior written consent;
use the Service for any illegal purpose;
use the Service in any manner which violates the rights of a third party, including without limitation intellectual property rights;
use the Service in any manner that breaches the EULA; or
take any action that imposes an unreasonable or disproportionately large load on the Service, System or servers etc.

15.3 You may not without specific prior written consent from 3D Cargo:
use Your own or third-party software to modify any content appearing within the Service or its environment or change how the Service is used;
or
use the Service or any information accessible through the System, to bypass the System login architecture or create or provide any other means through which the System may be accessed and/or the Services may be used by others.

16. ELECTRONIC COMMUNICATIONS

You consent to receiving communications necessary to provide the Service to You from us electronically. We will communicate with You by email or by posting notices in the Service. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.

17. TERMS AND TERMINATION

17.1 The term of this EULA and the license granted herein shall begin on the Start Date and be ongoing until terminated. You can terminate Your license at any time. You can terminate Your license by contacting us on our Website. 3D Cargo may terminate this Agreement and Your license at any time. Termination of the EULA will result in Your account being deactivated and Your 3D Cargo license being deactivated.

17.2 Not withstanding anything to the contrary herein, this EULA shall terminate upon breach of any term or provision of this EULA, which You have not cured within 10 days of notice of the breach by 3D Cargo.

17.3 Upon expiration or termination of this agreement You shall immediately cease use of the Service.

18. CONFIDENTIALITY

You acknowledge that Service, related materials and any documentation etc., contains confidential and proprietary information. You agree to maintain the confidentiality of the Service and related materials and documentation during the term of this EULA, and for a period of 5 years after termination of this EULA. You agree to take commercially reasonable steps to ensure that confidential information is not disclosed or distributed by You.

19. DISCLAIMER OF WARRANTY

19.1 3D Cargo will use reasonable efforts to provide You with a service that is fast, reliable and enjoyable. However, 3D Cargo makes no representation or warranty as to the completeness or accuracy of the Service or information contained therein, nor does it represent or warrant that the Service will be available at all times or that it will function in a manner or as fast or efficient as You may expect or desire. The information contained in the Service may be incomplete, may contain errors, or become out of date at any time. The Service is provided on an “as is” basis without any express warranties.

19.2 3D Cargo shall have no obligation to correct errors in, provide updates for or otherwise support the service. 3D Cargo reserves the right to add, modify, or delete its services at any time. You bear the risk of using it. 3D Cargo does not give any express or statutory representations, warranties, guarantees or conditions. 3D Cargo also excludes all implied warranties, including any warranty of merchantability, title, durability, fitness for a particular purpose and non-infringement etc. Nothing in this agreement shall affect those statutory rights which You may be entitled to as a customer and that You cannot contractually agree to alter or waive. The limitations and exclusions of liability do not apply if and to the extent You sustain damages which were caused by gross negligence or willful misconduct of 3D Cargo.

20. LIMITATION OF LIABILITY AND REMEDIES

20.1 Under no circumstances including negligence (unless otherwise required by applicable law), shall 3D Cargo (including breach of any warranty hereunder) be liable for any direct, indirect, punitive, special, incidental, or consequential damages that result from Your use of 3D Cargo or related documentation or in connection with or arising out of or relating to this Agreement (including loss of business, revenue, profits, use, data, or other economic advantage), even if any exclusive remedy provided for in this Agreement fails of its essential purpose and even if 3D Cargo or a 3D Cargo authorized representative has been advised of the possibility of such damages.

20.2 Notwithstanding any damages that You might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of 3D Cargo and any of its suppliers under any provision of this EULA and Your exclusive remedy hereunder shall be limited to the actual damages You incur in reasonable reliance on 3D Cargo up to the amount actually paid by You for the service. In no event shall 3D Cargo’s aggregate liability for all incidents during the term of the Agreement exceed the aggregate amount actually paid by You for the service. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

20.3 In order to be entitled to any indemnification or compensation from 3D Cargo, subject to clause 21, You must:

promptly notify 3D Cargo in writing of the claims (whether or not litigation or other proceeding has been filed or served);
give 3D Cargo, at 3D Cargo’s option and expense, sole control over the defense and/or settlement of the claims; and
at Your own expense, You shall cooperate with 3D Cargo in all reasonable aspects in connection with the defense of any such claim.

20.4 3D Cargo shall have no liability to You in the event that You have failed to comply with the terms of this Agreement.

21. INDEMNIFICATION

Your use of 3D Cargo constitutes Your agreement to defend, indemnify, and hold harmless 3D Cargo, its parents and affiliates, partners, and their respective employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of Your use or misuse of 3D Cargo and the rights granted under this Agreement. You agree that 3D Cargo may seek and shall be entitled to injunctive, equitable, or other similar relief to protect, maintain, defend, enforce, and preserve such rights, in addition to any other available remedies without the necessity of posting a bond.

22. ARBITRATION

Any dispute or claim arising out of or in connection with this Agreement, including (without limitation) any question regarding the existence, validity, breach or termination of this Agreement must first be the subject of arbitration, administered by the Australian Commercial Disputes Centre Limited (ACDC). The arbitration must be conducted and held in accordance with and subject to the laws of Victoria, and may be held either in Melbourne, Australia or via video conferencing, as agreed between the parties.

23. CLAIMS

You and 3D Cargo agree that any cause of action arising out of or related to this agreement or the Service must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

24. GOVERNING LAW

This Agreement is governed by the state laws of Victoria, and the federal laws of Australia. To the extent permitted by law, the state and federal courts of Victoria and Australia will be the exclusive jurisdiction for disputes arising out of or in connection with this Agreement.

25. MODIFICATION

3D Cargo reserves the right, at its discretion, to update or revise the EULA at any time. 3D Cargo will post such changes in its 3D Cargo Service, and/or its Website, and/or communicate such changes via email or otherwise communicate such terms to You in a suitable manner decided by 3D Cargo and these additional or revised terms will become part of the EULA effective immediately. Please check the 3D Cargo Service, the EULA or the Website periodically for changes. Your continued use of 3D Cargo constitutes Your binding acceptance of the EULA, including any changes or modifications made by 3D Cargo as permitted above.

26. WAIVER

A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

27. SEVERABILITY

If any provision of this Agreement is invalid then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any other part or provision of this Agreement.

28. ASSIGNMENT

You shall not, without the prior written consent of 3D Cargo, assign, transfer, or license or deal in any other manner with all or any of Your rights or obligations under this EULA. 3D Cargo may at any time assign, transfer, subcontract or deal in any other manner with all or any of its rights or obligations under this EULA without notice to You.

29. NO PARTNERSHIP

This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture between 3D Cargo and You. Neither party shall have any right bind the other party in any manner whatsoever, and nothing in this Agreement gives any rights of any kind to any third persons.

30. ENTIRE AGREEMENT

This EULA constitutes the entire agreement between the parties with respect to this specific subject matter hereof and shall not be modified except as provided in this Agreement.

This Terms and Conditions EULA is Effective as of: July 23, 2023.