General
Terms and Conditions
Welcome to the Mahelak
website. The following terms and conditions govern your access to and use of
the website.
THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. PLEASE READ THEM CAREFULLY BEFORE USING THE SERVICES OF MAHELAK.
Terms and conditions to use Mahelak’s website and its services are set forth in four documents:
1. General Terms and Conditions
2. 3D Projects Terms
3. Wildcat Terms
4. Privacy Policy
5. Content Policy
DEFINITIONS
1. Buyer –
a) A Member, who purchases Products or downloads Products that are available free of charge from the Site;
b) A Member, who requests for a Product under the 3D PROJECTS section.
2. Content – any material published at the Site including but not limited to wire files, models, textures, plugins, video games, video game modifications, motion files, collections, packages, materials, scripts, shapes, tutorials, frequently asked questions, words, music, films, images, software, code and any other information.
3. General Terms – this General Terms and Conditions in its entirety and including all terms and (or) information, accessible via any links, provided in this document.
4. Incorporated Product – Product that cannot be extracted from an application or other product and used as stand-alone object without the use of reverse engineering tools or techniques. For avoidance of doubt, Incorporated Product is such use of a Product that does not allow further distribution of the Product outside of the application or product containing the Incorporated Product.
GENERAL
TERMS OF USE OF THE SITE
1. License to Use This Site
1.1. This agreement will become effective upon Creating Account and will remain in effect for the duration of your Account. To register for an Account, you must be and hereby represent that you are a legal entity or an individual 18 years or older who can form legally binding contracts. When Buyer
makes a purchase without creating an account (guest check-out), the Agreement becomes effective and binding upon completion of the sale. 1.2. This Site is protected by copyright law and international
treaty. You are allowed to use the Site for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by Mahelak or unless it is expressly indicated otherwise.
This right to use this Site constitutes a license, not a transfer of title, and you may not nor permit anyone else to:
– modify the Site or use it for any commercial purpose or public display, performance, sale or rental;
– remove any copyright or other Mahelak proprietary notices;
– copy any proprietary information or ideas from the Site;
– pretend to be Mahelak or someone else, or spoof Mahelak or someone else’s identity or spoof the Site;
– forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content, published on the Site;
– misrepresent your affiliation with a person or entity;
– disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other Site users’ ability to use the Site;
– engage in activities that would violate any fiduciary relationship, any applicable local, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm;
– collect or store personal data about other users unless specifically authorized by such users;
– collect or store Site data for any other purpose except as explicitly allowed herein.
1.3. You agree to prevent any violations of these General Terms, including the licensing terms for the Site. Any violation of these General Terms, 3D Projects Terms, Wildcat Terms, or Content Policy can lead to account cancellation and a revocation of all licenses.
2. Site Ownership
All information on the Site is copyrighted proprietary material of Mahelak and (or) Members and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Mahelak’s prior permission. Except as expressly provided herein, Mahelak and its suppliers do not grant any express or implied right to you under any patents, registered design, copyrights, trademarks, or trade secret information of Mahelak.
Mahelak’s logos, slogans trademarks whether registered or unregistered may not be used without Mahelak’s specific written consent to do so.
3. Members
3.1. In consideration of your use of the Site, you agree to:
– provide accurate, current, and complete Member account information about you as may be prompted by the registration and/or login form on the Site (the “Registration Data”);
– maintain the security of your password and identification;
– maintain and promptly update the Registration Data, and any information you provide to Mahelak, to keep it accurate, current and complete;
– accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Site.
3.2. You are responsible for all activity that takes place under your Member user ID. It is your responsibility to maintain the confidentiality of your user ID and password.
3.3. By signing up to this Site you agree to register using a valid email address that you are entitled to use and that is not hosted by any temporary email service.
3.4. Mahelak may provide interactive areas (such as blogs, forums etc.) the content of which are not confidential. Members should exercise the utmost discretion before providing any personal information on these interactive areas of the Site. Users of interactive areas are solely responsible for the content and consequences of anything they post. Mahelak will have no liability for content and consequences of such postings.
3.5. You acknowledge that your uploaded Products will be rated by other Members of the Site. You agree to allow your reputation score to be shown in your account profile.
3.6. Mahelak may terminate or deactivate the membership of any person or entity for any reason at any time without notice. Within 30 days
after deactivation of your account, you may submit a motivated request to review Mahelak’s decision. Your membership will be reinstated if Mahelak finds
your request justified. Deactivation becomes final and the membership is automatically terminated if Mahelak rejects your request, or, if you do not
submit such request, upon expiry of the 30 days term. If your membership is terminated by Mahelak for a breach of these General Terms, in addition to its
other rights at law or in equity, you shall pay a fine to Mahelak equal to all royalties payable to you hereunder, and Mahelak shall have the right to set-off
such fine against all payable royalties. Membership termination applies to all and any accounts of the person or entity, including accounts created after the
membership termination, which will be deactivated without further notice.
3.7. This Site may not be accessed or used by any person, entity or group that have been designated for sanctions under the economic sanctions laws, regulations and orders taken by the European Union, the United States and other countries. Your access and use of the Site constitutes your express representation that you are not subject to any trade sanction or embargo, including, but not limited to, by virtue of your designation for sanctions and inclusion on: (i) the Specially Designated Nationals List maintained by the U.S. Department of the Treasury, Office of Foreign Assets Control; (ii) any list of persons, entities and bodies subject to restrictive measures implemented by the European Union; or (iii) any UN Security Council resolution identifying sanctioned or restricted parties. You shall be fully liable to the full extent of the law for any violations of this paragraph, and you hereby agree to defend, indemnify and hold Mahelak harmless from and against any and all such damages and liability.
3.8. Keep all the internal communication with other Mahelak members inside this Site and do not ask or share contact details.
4. Privacy and Security
Mahelak takes privacy very seriously and shall never sell, share, or otherwise disclose any of your personal information to anyone.
Information that is collected upon sign up is used only to enhance your experience on the Site and for troubleshooting purposes. The principles of the
personal data process are set forth.
5. Termination of this License
Mahelak may unilaterally terminate this license for the use of the Site at any time, without any prior notifications, if you are in breach of
any of these terms and conditions of use, as judged in the sole discretion of Mahelak. Termination of this license is in addition to the other rights and legal
remedies available to Mahelak and those rights are reserved. Upon such termination you must immediately destroy all information that you acquired from
the Site.
6. Notifications
All Mahelak’s notifications shall be sent to your notifications section under your profile dashboard or via email at the address you provided
to Mahelak when you created your account or as later updated. You hereby agree and acknowledge that Mahelak shall notify you using either of aforementioned notification means at its own discretion and is not responsible to notify you in any other way.
7. Contests and Promotions
Any contests or promotions created by Mahelak on the Site may be governed by its own set of official rules, which may have eligibility
requirements, such as certain age or geographic area restrictions. By entering or participating in such contests, you will become subject to those official
rules. It is your responsibility to read the applicable rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements.
8. Survival
After General Terms, 3D Projects Terms or Wildcat terms terminate, the terms of these agreements that expressly or by their nature contemplate performance after the agreement terminates or expires will survive and continue in full force and effect. For example, the provisions protecting confidential information, protecting intellectual property, indemnification, payment of fees and setting forth limitations of liability each, by their nature, contemplate performance or observance after this agreement terminates.
WARRANTIES
AND LIABILITY
9. General Information
This section contains important information regarding the liability of Mahelak that every Member should read carefully and, if necessary, with the appropriate assistance of his legal advisor.
10. Limitation of Liability
In no event shall Mahelak or any of its affiliates, or their respective officers, shareholders, partners, representatives, agents and
employees be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without
limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of
this Site or any linked web site or to any Content or other material obtained through this Site, or otherwise arising out your inability to use this Site or
any decision made or action taken by you in reliance of any information, advice or materials on this Site, whether such damages are based in tort, contract,
negligence, strict liability or otherwise, even if Mahelak has been advised of the possibility of such damages. Your sole and exclusive remedy is to
discontinue your access to and use of the Site, even if this remedy fails of its essential purpose. As some jurisdictions do not allow the exclusion or
limitation of liability to a certain extent, some of the above exclusions or limitations may not apply to you.
11. No Warranty
11.1. Being only a forum for exchange of Products’ licenses, Mahelak has no control over the quality or legality of any Content on this Site or the
accuracy of any related information. It is your full responsibility to ensure and evaluate the quality and legality of any Content and its use. You agree
that Mahelak shall have no liability for any misrepresentation, incomplete statement or failure to disclose any Content data, or for any claims arising
from a transaction resulting from your use of the Site or a business transaction you enter into using the Site.
11.2. Mahelak makes all commercially reasonable efforts to ensure that all material, information and data on this Site are accurate and reliable; however, accuracy cannot be guaranteed.
11.3. This Site is provided by Mahelak on an “as is” basis. Mahelak makes no warranties with respect to this site, and disclaims all applicable
warranties, express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and
non-infringement for the Site and all Content and any warranties arising from course of dealing or usage in trade. Mahelak makes no warranty or
representation regarding results that may be obtained from use of this site, or use of material, information or data downloaded or otherwise obtained from this
Site, or regarding the accuracy or reliability of any information obtained from this Site. Mahelak does not warrant or guarantee the accuracy, completeness,
correctness, timeliness, or usefulness of this Site or any Content or other material, obtained through use of this Site or that use of this site or any
product/content on this Site will meet any requirement, be uninterrupted, timely, secure or error-free. Mahelak shall have no responsibility for the
timeliness, deletion, misdelivery or failure to store any user communication.
11.4. By accepting this General Terms you acknowledge and agree that your use of this Site and (or) Content is at your own discretion and risk, and that you are solely responsible for any damage that results from the download and use of any Content.
11.5. Mahelak does not warrant or guarantee that Content or other materials and information available through this Site will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. You should take all reasonable appropriate precautions against such code and (or) software.
11.6. Mahelak is not liable to users and Members of this Site for any damage resulting from use of this Site or use of Content obtained from
this Site, and is not in any way responsible for the conduct of users or Members of this Site or for Content posted or exchanged on this Site.
11.7. No advice or information, whether oral or written, obtained by you from Mahelak or in any manner from this Site shall create any warranty.
11.8. Because Content is delivered via the Internet, there may be some circumstances where the delivery of Content is delayed. In no event
will Mahelak be liable for any delays in delivery or performance caused by your failure to provide necessary and accurate information in a timely manner, or
caused by circumstances or causes beyond Mahelak’s reasonable control.
12. Third-Party Web Sites
This Site may link to, or be linked to, other web sites not maintained by or related to Mahelak. These links are provided only as a service
to our users and Members. Mahelak is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with any linked
or linking web site. Mahelak has not reviewed all third party web sites and is not responsible for their content, accuracy, or policies. If you link to or retrieve any other pages or web sites it is at your own risk.
13. Other Terms
13.1. Mahelak reserves the right at any time to modify, suspend or terminate the services (or any part thereof) provided at the Site, and/or
your use of or access to them, with or without notice. Mahelak may also delete, or bar access to or use of, all related information and files. Mahelak will not
be liable to you or any third-party for any modification, suspension, or termination of the Services, or loss of related information. Mahelak may amend
General Terms, 3D Projects Terms, Wildcat terms, Privacy Policy and Content Policy at any time without notice, as all terms and conditions will be posted on
this URL and should be consulted by you prior to use.
13.2. The laws of Lithuania govern General Terms, 3D Projects Terms of Use, Wildcat terms, Privacy Policy and Content Policy as well as any
other terms of the Site without regard to any choice of laws or conflicts of law provisions. You agree that any lawsuit arising from or related this Site,
General Terms, 3D Projects Terms, Wildcat terms, Privacy Policy or Content Policy shall be brought exclusively in courts located in Vilnius, Republic of
Lithuania and you consent to the exclusive jurisdiction of such courts. The United Nations Convention for the International Sale of Goods does not apply to
this agreement.
13.3. If any provision of this General Terms, 3D Projects Terms, Wildcat terms, Privacy Policy or Content Policy is held invalid, void, or for
any reason unenforceable, that provision shall be severed and the remaining condition will remain in force to the fullest extent provided by law.
13.4. Any waiver of any portion of General Terms or 3D Projects Terms, Wildcat terms will be effective only if in writing and signed by an
authorized officer of Mahelak. This is the entire agreement applicable to Content and your use of the Site.
13.5. Mahelak has a right to amend General Terms, 3D Projects Terms, Wildcat terms, Privacy Policy and Content Policy or any other document
containing terms and conditions of Mahelak services without any prior warning. Such amendments shall be notified to the Members.
13.6. No partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by General Terms, 3D Projects Terms or Wildcat terms.
MEMBER‘S
RIGHTS, OBLIGATIONS AND REPRESENTATIONS
14. Rights, obligations and representations of the Buyer
14.1. The Buyer may not use the Product, downloaded from this site in a manner that infringes the intellectual property of any other party.
The Buyer may not reverse engineer any Product and must abide by the terms of the license granted to the Buyer under this General Terms, as well as any
additional Seller terms included with the Product.
14.2. The Buyer may not perform automated mass download (crawling) technique for gaining access to Products which are offered as a free
download. The Buyer may not use Products which are offered as a free download for machine learning or training neural networks purposes.
TERMS
OF LICENSE AGREEMENT BETWEEN THE BUYER AND MAHELAK
15.General Terms of Licensing
15.1. Following the payment of any applicable license fee for Product, the Buyer acquires a license in accordance with the terms and conditions of this section. Any license rights relating to the Product are contingent upon the transfer of money (except for the free Products) from the Buyer to Mahelak. All license rights terminate immediately and without notice if a sale is reversed for any reason.
15.2 Certain Products with third party copyrighted or trademarked images, logos, brand names, etc., may require additional licensing,
rights, permissions, releases, or clearance for use. It is the sole responsibility of the Buyer and their legal advisor to determine, before
purchasing, downloading or using any Product, whether additional licensing, rights, permissions, releases, or clearance are necessary for the intended use
of Product. It is the Buyer’s sole responsibility to obtain any licensing, rights, permissions, or clearance. Buyers should understand additional
licensing, rights, permissions, releases, or clearance may be relevant for Product, if the intended use involves religious groups or affiliations,
pharmaceuticals, health care, tobacco, liquor, adult entertainment, personal hygiene, birth control, or any other area that could be considered sensitive,
offensive, or immoral.
15.3. Buyers do not own any Product and are only licensed to use it in accordance with terms and conditions of the applicable license. Unless
explicitly provided for in custom license terms set forth in the special area “Custom license terms” provided by Mahelak in the Product description section
of the Site, the Seller retains copyright in Products purchased or downloaded by any Buyer.
15.4. The license to use the Product is non-exclusive, non-transferable and is granted only to the original Buyer.
15.5. Any Product, returned to Mahelak in accordance with applicable law for whatever reason must be destroyed by the Buyer immediately. The license to use any Product is revoked at the time Product is returned. Product obtained by means of theft or fraudulent activity of any kind is not granted a license.
16.Royalty Free License
16.1. Product may not be sold, given, or assigned to another person or entity in the form it is downloaded from the Site .
16.2. The Buyer’s license to Product in this paragraph is strictly limited to Incorporated Product. Any use or republication, including sale or distribution of Product that is not Incorporated Product is strictly prohibited. For illustration, approved distribution or use of Product as 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;
– 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 in connection with Seller material;
– use the name and likeness of any individuals represented in the Product only in connection with Your material.
16.3. The resale or redistribution by the Buyer of any Product, obtained from the Site is expressly prohibited unless it is an Incorporated Product as licensed above.
17. Editorial License
17.1. In addition to the restrictions that are applicable to the Royalty Free License, certain Products may be marked “editorial” or “editorial license” and has additional license restrictions.
17.2. Buyer’s may only use Products marked “editorial” or “editorial license” for legitimate, editorial purposes on some issue of journalistic, editorial, cultural or otherwise newsworthy value. Examples of editorial use/fair use may include illustrating issues of general interest, social commentary, reporting news, etc. Editorial uses include use of the Product in a news program, news-related website, or news-related video media. The Buyer understands and agrees that such Products may contain material that is not released from its rights holders.
18. License for Products that are offered for free download
A Product which is offered as a free download shall be licensed with one of Creative Commons licenses as chosen by the Mahelak
19. Process of purchases and payments
By accepting these Terms and Conditions
Designer confirms that he/she acts as taxable person for the purpose of VAT and agrees that self-billing invoice for the purchased products shall be issued by Mahelak under the terms and conditions of applicable laws. However, the parties remain to be solely responsible for determining whether it is required by applicable law to issue any other formal document and pay any other taxes that might apply to them. Mahelak takes no responsibility for determining the necessity of or for issuing any other formal document