Terms and Conditions
The present Legal Notice governs the terms and conditions of access to, navigation in and use of the web site www.3dclick.click (hereinafter, the “Web Site”).
1.- RIGHT TO INFORMATION
In compliance with the information duty covered by article 10 of Act 34/2002, of 11 July, on Information Society Services and Electronic Commerce (Ley 34/2002, de 11 de Julio, de servicios de la sociedad de la información y del comercio electrónico), we hereby inform you that the Web Site is the property of:
- 3D INTERACTIVES SOLUTIONS, S.L., company incorporated under Spanish law (hereinafter referred to as “3D CLICK”).
- Spanish Tax I.D.: B66818972
- Corporate address: Avenida de Alcalde Portanet 7, 36210 Vigo, Galicia.
You may contact us in the following e-mail address: email@example.com
Any person who may enter and/or use the Web Site shall be deemed to be a User and, as such, shall be bound by the present Legal Notice as of the time of said access or use.
3.- USE OF THE WEB SITE
Through the Web Site, the User may gain access to a multitude of texts, charts, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, displays and information (hereinafter, the “Content”) belonging to 3D CLICK or third parties.
The User accepts any responsibility resulting from his or her use of the Web Site. Said responsibility shall include any registration, if any, which may be necessary to gain access to any Content or services provided by the Web Site.
The User undertakes to make an appropriate use of the Content and services provided through the Web Site and, without limitation, to refrain from using same to (i) make an unauthorized or fraudulent use of the Web Site and / or the Contents; (ii) access or attempt to access resources or restricted areas of the Web Site, without complying with the conditions required for such access; (iii) incur in activities which are unlawful, illegal or contrary to good faith and public order; (iv) cause damage in the physical or logical systems of the owner of the Web Site, the providers thereof or any third parties; (v) introduce or disseminate on the web computer viruses or any other physical or logical systems which may cause the damage mentioned above. (vi) attempt to access, use and / or manipulate the data of 3D CLICK, third-party suppliers and other Users; (vii) reproduce, copy, distribute or permit public access through any form of public communication, transform or modify the Content, unless authorized by the holder of the corresponding rights; (viii) delete, conceal or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of 3D CLICK or third parties incorporated into the Contents, as well as technical protection devices or any information mechanisms that may be inserted In the Contents.
3D CLICK shall have the right to investigate and denounce any of the abovementioned conduct in accordance with the Law, as well as to collaborate with the authorities in the investigation of said actions.
4.- INTELLECTUAL PROPERTY
All and any intellectual property rights in the content of this Web Site and its graphic design are the exclusive property of 3D CLICK or third-party collaborators of 3D CLICK owners of the designs uploaded to the Web Site, so these are who have the exclusive rights of exploitation of the same.
Any user or collaborator of 3D CLICK that uploads to the Web Site any design or creativity assures that it owns all the intellectual or industrial property rights on the same and that does not infringe rights of third parties.
3D CLICK does not grant any license or authorization to use its intellectual or industrial property rights or any other property or right related to the Web Site or the services or contents provided therein, or related to 3D CLICK collaborators.
Therefore, under both Royal Legislative Decree 1/1996, of 12 April, approving the Consolidated Text of the Intellectual Property Act (Real Decreto Legislativo 1/1996, de 12 de Abril, por el que se aprueba el texto refundido de la Ley de Propiedad Intelectual), and Act 17/2001, of 7 December, on marks and complementary legislation regarding intellectual and industrial property (Ley 17/2001, de 7 de diciembre, de marcas y la legislación complementaria en materia de propiedad intelectual e industrial), any reproduction, transfer, adaptation, translation, distribution, public communication, including the making available thereof, or any other exploitation and/or amendment, fully or in part, without the prior express authorization of 3D CLICK or the right holder, of any content included in the Web Site is strictly prohibited.
The legitimacy of the intellectual or industrial property rights in the content provided by any User is the sole responsibility of said User. Therefore, the User shall keep 3D CLICK or its collaborators indemnified against any third party claim resulting from the unlawful use of the content in the Web Site.
4.1 User Content
Unless you (i) are a paying Member or a Subscriber; and (ii) you expressly label it “Private” at the time of submission, by submitting User Content to the Site you grant to the Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such User Content, including but not limited to any proprietary, patented, copyrighted, or otherwise confidential User Content, in any existing or future media. You also grant to the Company the right to sub-license these rights, and the right to bring an action for infringement of these rights.
You may not submit any User Content to the website that is, or has ever been, the subject of any threatened or actual legal proceedings or other similar complaint.
The Company reserves the right to edit or remove any User Content submitted to the Site, or stored on the servers of the Company, or hosted or published upon the Site. However, the Company does not undertake to monitor the submission of User Content submitted to or published on the Site.
4.2 Presentations & 3D Catalogues
You acknowledge that you alone are responsible for the content of any visual and/or audio presentations or portions thereof (“Presentations”) that you import to, create, store on, or access through use of the Site, the Services, and/or the Software.
Your responsibility for the content and appearance of each Presentation includes, but is not limited to, its legality, reliability, appropriateness, and originality.
If you are a Member, your Presentations (except for any User Content properly labeled as “Confidential” in accordance with “User Content” above) will be available for any third party to view at a publicly available URL. You acknowledge that third parties may view and have access to your Presentations, and that the Company has no control over third parties’ use of your Presentations. Presentations may be indexed by search engines.
If you elect to become a paid Subscriber, you may also allow your Presentations to be made available publicly. As a paid Subscriber, however, you will have the option to limit access to any Presentation to members of a shared distribution list created and maintained by you in your User Account. It is your sole responsibility to confirm the credentials of members of and otherwise manage the membership of your shared distribution list.
You shall have the right to download any Presentations you create through the use of the Site, the Software, and/or the Services, and to make such Presentations available on your personal or company website, as applicable. You represent and warrant that the posting of your Presentations, and any other use of your Presentations, does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights, or any other rights of any person.
As a service provider, artist, or animator creating Presentations for your clients for a fee, you shall have the right to download any Presentations you create through the use of the Site, the Software, and/or the Services, and to make such Presentations available on your client’s personal or company website, as applicable.
The Company may, without prior notice, terminate or suspend service and/or access to all or any part of the Site, or the Service to users whom the Company has in good faith determined have infringed upon the intellectual property rights of others.
4.3 Third Party Rights
You may not upload or post to the Site or otherwise use in any way in connection with your use of the Services or the Software any text, video or audio recording, images or other material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right. The burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from your violation of this prohibition.
All trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners, and may not be used without the owner’s permission.
4.4 Third Party Copyright Policy
3D CLICK is not responsible for breach of copyright laws should a user chose to screen cast their 3D CLICK presentation or catalogue for the purpose of using copyrighted 3D models or multimedia content. 3D CLICK upholds copyright laws in their entirety and takes no responsibility, nor can be held liable, for any breach carried out by a user with third party software. It is each customer’s responsibility to uphold and respect their countries’ copyright laws.
5.- LIABILITY AND GUARANTEES
Your use of the Site, or Services is at your risk. The Company does not warrant or represent that any content associated with or used in connection with the Site or Services is factual or error-free, or that the use of such material will not infringe rights of third parties.
The Company does not warrant that the functional aspects of the Site will be error free, or that the Site or the servers that make it available are free of viruses or other harmful components. The Company reserves the right to correct any errors on its website. If your use of the Site, or other content or services, results in the need for servicing or replacing property, material, equipment or data, or results in injury to persons or damage to property, the Company is not responsible for those costs.
Without limiting the foregoing, you acknowledge and agree that everything associated with the Site, and its programs the Software, and the Services, are provided “as is” and “as available” without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
3D CLICK MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL CONTAINED ON ITS WEBSITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, LINKS, OR RESULTS TO BE OBTAINED FROM USING POWTOON WEBSITE OR SERVICES. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, POWTOON DOES NOT MAKE ANY REPRESENTATION ABOUT THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH USE OF THE SITE OR THE SERVICES.
IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES, OR AFFILIATED ENTITIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF DATA, USE, OR PROFITS (WHETHER INVOLVING ALLEGATIONS OF BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHERWISE) AND IRRESPECTIVE OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SITE AND CONTENT.
Without prejudice to the generality of the foregoing, the Company does not warrant that:
- The Site or the Services will be constantly available, or available at all
- That transmission of data to or from the Site will occur at any minimum speed
- The information on the Site is complete, true, accurate, or non-misleading
Except as required by law or otherwise provided below:
- To the extent that access to, or use of, the Site, the Software, or the Services is provided to you free-of-charge, the Company shall not be liable to you for any loss whatsoever
- If you are a paid Subscriber, liability for direct damages shall be limited to the amount of subscription or other fees paid, but in no event more than 500 €.
These limitations of liability apply even if the Company has been expressly advised of the potential loss.
3D CLICK hereby declares that it has adopted all measures necessary, within its possibilities and considering the state of technology, to enable the correct functioning of its Web Site and to keep it free from viruses and damaging components. However, 3D CLICK shall not accept any responsibility in connection with (i) the continuity and availability of the contents and services; (ii) Keeping said contents free from errors o correcting any defects which may arise; (iii) Keeping the Web Site free from viruses and/or other noxious components; (iv) Any damages or losses caused by any person who may violate 3D CLICK’ security systems.
3D CLICK may suspend access to the Web Site temporarily without prior notice for reasons of maintenance, repair, update or improvement operations. However, whenever circumstances so allow, 3D CLICK shall inform the User sufficiently in advance of the date expected for suspension of the services.
3D CLICK may not be held responsible for the use given by the Users to the Contents and services included in the Web Site.
3D CLICK may not be held responsible for any links to other web pages appearing on the Web Site. Said links may direct the User to other web sites over which 3D CLICK has no control whatsoever and therefore the User shall follow said links at his own risk and subject to the terms thereof.
7.- TERM AND AMENDMENT
The conditions that are published at the moment the User accesses the 3D CLICK Web Site are understood as valid.
3D CLICK may delete, add or change the Contents of this Legal Notice. In the event of any change, the User will be notified.
By entering and/or using the Web Site, you indicate that you accept the terms and conditions of this Legal Notice and, if applicable, of the amendments made hereto.
7.1 Maximum Storage Limit
You acknowledge that the Company may, without prior notice, limit, or decrease the maximum storage capacity for each user account.
By The Company
The Company may also suspend or terminate your access to the Service if you have not accessed it for ninety (90) or more consecutive days. The Company will provide notice of any such suspension or termination.
You may, at any time, terminate this Agreement by logging into your Membership Account on the Service.
7.3 Effect of Termination
Upon any termination of your access to the Site, the Services and/or the Software:
- Your User Account shall be canceled and closed, and your User ID and password shall be deactivated;
- All Marketplace Items uploaded by you shall be removed from the Service; provided, however, that the Company may continue to use the Marketplace Item for internal archival and reference purposes;
- You shall forfeit all right, title and interest in and to any and all Credits; and
- The Company will permanently delete your Presentations and User Content.
Termination of your User Account shall not relieve you of any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated.
In lieu of termination, the Company may suspend your User Account at any time and for any length of time. While your User Account is suspended, you may not purchase any additional goods or Services.However, you may continue to access and use your User Account and goods or services purchased prior to suspension.
You hereby indemnify the Company and undertake to keep the Company indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses, and any amounts paid by the Company to a third party in settlement of a claim or dispute on the advice of the Company’s legal advisers) incurred or suffered by the Company arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
7.6 Additional Actions By The Company
The Company may transfer, sub-contract, or otherwise deal with the Company’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court, or other competent authority, to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
7.10 Entire Agreement
7.11. Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of Spain, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Spain.
7.12 Account types
3D CLICK account types are listed on the 3DCLICK Pricing Page. The plan types, names, and listed prices change from time to time. When you purchase a plan, package of services from PowToon you agree to purchase the plan as listed at the time of purchase.
NOTE: Users under the age of 18 may only use the "Free" version of 3D CLICK.
You agree to pay the then-current fee for the account type (e.g., Free, Freelance,Business, Corporate) you have selected. The current fee for the account type you have selected will automatically and immediately be charged to your payment instrument or account on the date you signed up. Fees charged for one account type may not be credited towards other account types. All currency references are in EURO.
PowToon may provide you with the ability to pay the Fees through a service such as Stripe Checkout. All subscriptions paid through these third parties are subject to the third party’s Terms of Service (Stripe TOS ) and we will not be responsible for anything contained therein. You are responsible for payment of any sales or use taxes associated with the Fees or your use of the Site.
Payment for Subscription
For all for-pay account types, payment occurs on a pre-pay basis and payment will be automatically renewed for the next term, at the end of each term. The amount you are to pay will depend upon which account type you choose. If you choose to cancel a recurring payment, you should cancel your account prior to the next billing term. If you do not elect to purchase an additional month/year of service, your account will be suspended and you will have the option of converting to a 3D CLICK FREE account type – subject to the limitations of a FREE 3D CLICK account.
Cancellation and Refund Policy
Under UK Consumer Contracts Regulations 2014 you are entitled to cancel your online service and request a refund within 14 days of activation. Please note that by downloading and/or publishing any presentations whilst holding a premium subscription, you are waiving your rights of cancellation in which case no refund will be provided.
If you cancel your recurring payment option, your account will remain active until its next renewal date. If you delete your account before the end of the term for which you paid, your cancellation will take effect immediately. In either case (cancellation or deletion), you will not be given any refund.
If your credit card is invalid for any reason, your for-pay 3D CLICK account will revert to a 3D CLICK FREE account and will be subject to the limitations of a FREE PowToon account; provided, however, that 3D CLICK reserves the right to cancel your account entirely in such case. You will have the option of deleting any User Content from your account prior to its reversion to a 3D CLICK FREE account.
8.- PROMOTIONAL TERMS & CONDITIONS
The following specific terms and conditions (our "General Promotional Terms & Conditions") govern Your participation in Promotional Offers in respect of the Service and form part of Your Agreement as set out in the Terms & Conditions
To the extent there is any inconsistency between the Terms and any of these General Promotional Terms & Conditions, then the Terms shall prevail.
- By participating in promotions, participants agree to be bound by these and promotional specific Terms and Conditions which are in conjunction with 3D CLICK normal full rules, Terms and Conditions.
- We may at our absolute discretion restrict who may enter into promotions for any reason.
- Employees of the promoter, any advertising agency or web company connected with the promoter or any such person's subsidiary or associated companies, agents or members of their families or households, are not eligible to participate in promotions. The promoter reserves the right to verify the eligibility of all participants.
- Any participant found to be operating multiple accounts in promotions will be in breach of these and general account terms and the promoter will determine at its sole discretion by whatever means it deems necessary to establish if different entries or accounts are connected to the same person. Bonus offers are limited to one bonus per person, household and/or computer, and/or payment method unless otherwise stated.
- Participants, whether individually or acting in a group, will be found to be in breach of these and promotional specific terms if the promoter at its sole discretion has reason to believe that a promotion has been abused, manipulated, or that irregular, fraudulent, collusive or illegal activity has occurred.
- By participating in promotions, participants consent to the use of their name, screen-name, image, photographs, winning sums, given social media name and geographical location for advertising, promotional and news purposes without additional compensation, except where prohibited by law.
- Void bets will not contribute toward promotional offers and participants whose accounts become closed for any reason prior to the end of promotions will not be eligible to gain any promotional benefits.
- In respect of promotions requiring no physical participant attendance, the promoter and any its legal representatives, affiliates, subsidiaries, agencies and their respective officers, directors, employees and agents, shall be held harmless and be indemnified for any loss or disappointment suffered by any participant taking part in promotions.
- In the event of any breach of these or promotional specific terms and conditions or a participant being ineligible to participate in a promotion, the promoter reserves the right to take such action as it deems appropriate and in its absolute discretion, including but not limited to account, disqualification from the promotion, reclamation of bonuses or prizes granted, refusing entry into all future promotions, withholding associated winnings and voiding associated stakes
- The decision of the promoter in all promotional matters is final and no correspondence will be entered into. The promoter reserves the right to withhold promotional benefits until resolution of any dispute.
- Events may occur that result in the promoter extending, refusing, reclaiming, cancelling, terminating, modifying or suspending a promotion, these terms and/or the awarding of prize(s) at any point and for any reason. These may be due to a third party's illegal activity, technical difficulties and/or any other reasons beyond the control of the promoter and accordingly the entrant agrees that the promoter shall have no liability as a result thereof.
- The promoter disclaims any liability for inaccurate information, whether caused by the website, user's equipment used in a promotion, or by human or technical errors related to the submission of entries. The promoter and its agents accept no responsibility for the failure of any third parties to fulfil their contractual obligations in relation to a promotion.
- The promoter and its agents accept no responsibility for the failure of any third parties to fulfil their contractual obligations in relation to a promotion.
9.- BETA TESTING PROGRAMME TERMS AND CONDITIONS
1. 3D Interactives Solutions has developed a software application, including modifications, enhancements, improvements, updates, additions, derivative works, documentation and related material (“Software”).
2. 3D Interactives Solutions desires that the Software be tested prior to general release.
3. Licensee wishes to serve as a Beta tester for such Software;
NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto agree as follows:
1. 3D Interactives Solutions reserves the right to modify or terminate the Software or your access to the Software or the participation in our beta testers programme for any reason, without notice, at any time, and without liability to you.
2. 3D Interactives Solutions grants to Licensee a non-exclusive, non-transferable license to use the Software on a single computer at Licensee’s business location solely for Beta testing and Beta use from effective date of agreement to 45 days after official release date of the products(s), subject to the term and conditions below.
3. In consideration for receiving a free access to the Software for testing, Licensee agrees to serve as a “Beta Tester” for the Software and will notify 3D Interactives Solutions of all problems and ideas for enhancements which come to Licensee’s attention during the period of this Agreement, and hereby assigns to 3D Interactives Solutions all right, title and interest to such enhancements and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.
4. Licensee agrees that Software is the sole property of 3D Interactives Solutions and includes valuable trade secrets of 3D Interactives Solutions. Licensee agrees to treat Software as confidential and will not without the express written authorization of 3D Interactives Solutions:
- Demonstrate, copy, sell or market Software to any third party; or
- Publish or otherwise disclose information relating to performance or quality of the Software to any third party; or
- Modify, reuse, disassemble, decompile, reverse engineer or otherwise translate Software or any portion thereof.
5. Software is prerelease code and is not at the level of performance or compatibility of a final, generally available product offering. Software may not operate correctly and may be substantially modified prior to first commercial shipment, or withdrawn. Software is provided “AS IS” without warranty of any kind. The entire risk arising out of the use or performance of Software remains with Licensee. In no event shall 3D Interactives Solutions be liable for any damage whatsoever arising out of the use of or inability to use Software, even if 3D Interactives Solutions has been advised of the possibility of such damages.
6. The Licensee upon completion of the Beta test agrees to provide material, statistics, or information that is not deemed confidential to Licensee for use in press releases, customer testimonials, and as a reference in marketing and sales initiatives by 3D Interactives Solutions. Licensee will provide a quote to Keera Studios that may be used in a press release.
7. This License Agreement shall be governed, construed and enforced in accordance with the laws of Spain. Any notice required by this Agreement shall be given by prepaid, first class, certified mail, return receipt requested to above address or such other address as may be given from time to time under the terms of this notice provision.
8. This Agreement constitutes the entire and only agreement between the parties for Software and all other prior negotiations, representations, agreements, and understandings are superseded hereby. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of the parties.
9. Licensee shall comply with all applicable federal, state and local laws, regulations, and ordinances in connection with its activities pursuant to this Agreement.
10. Failure of 3D Interactives Solutions to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.
11. If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement
12. The information you send us will be deemed confidential, except as specified in clause 6. 3D Interactives Solutions will make reasonable efforts to keep such information private, and will not sell it or disclose it to third parties, except when required to do so by law.
v.1.0 April 2017, Edited & customised by: 3D Interactives Solutions S.L ,