The website Presto3D.com (“Presto3D”) is owned and operated by Feeling Software, Inc. Access and use of this website is provided on the condition that you agree to abide by these terms of service. By accessing or using this website, you agree that you have accepted these terms of service.
Indemnity
You agree to indemnify and hold Feeling Software, its shareholders, employees, suppliers, and all other partners harmless from any claim or demand arising out of or in connection with the breach of these Terms of Service by you or anyone acting in your behalf.
Modification of Services
Feeling Software reserves the right to modify the organization, structure, or appearance of the Presto3D Service or the website, and may change, suspend, or discontinue any aspect of the Presto3D Service or website at any time with or without notice and without any liability to you or any third party.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING ALL SERVICES AND CONTENT IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. FEELING SOFTWARE DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FEELING SOFTWARE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE WEBSITE.
FEELING SOFTWARE MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
Limitation of Liability
TO THE FULL EXTENT PERMITTED BY LAW, FEELING SOFTWARE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF FEELING SOFTWARE HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OF DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE.
Governing Law
This contract between you and Feeling Software which results from your acceptance of these terms of services is governed by the laws applicable in the Province of Quebec.
Buyer Agreement
License Granted for Freely Downloaded or Purchased Content
The purchase of content (or free download of freely available content) including, but not limited to, 3D Models and textures, entitles the buyer to a license that is non-exclusive, non-transferable, worldwide, and royalty-free to: a) reproduce, post, promote, license, sell, publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes; (b) use any trademarks, service marks or trade names incorporated in the Content in connection with Seller material; and (c) use the name and likeness of any individuals represented in the Content only in connection with Your material. The Member license to Content in this paragraph is limited to use as Internal Artifacts.
“Internal Artifacts” is content that cannot be extracted from an application or product and used as stand-alone content without the use of reverse engineering tools or techniques. “Inside Artifacts” is the use of content that is not intended to allow further distribution of the Content outside of the application or product containing the Incorporated Content.
This purchase of content through Presto3D DOES NOT grant the buyer the copyright to the content (this is retained by the seller). The buyer of the content is NOT granted the right to resell or redistribute any content purchased or downloaded freely from Presto3D except as Incorporated Content.
Returns
A buyer may return content that was purchased within 48 hours of the time of purchase to receive a full refund of the purchase. The buyer will be refunded within 7 days of the receipt of the refund request.
When the buyer receives confirmation from Presto3D that the refund request has been processed, the license granted by purchase of content is immediately terminated. The buyer is obligated at this time to delete or destroy all files or items using the content.
In cases of abuse, as determined at the sole discretion of Presto3D, Presto3D retains the right to temporarily or permanently revoke this refund policy for a specific user. Examples of abuse include, but are not limited to, multiple returns without a final purchase of goods.
Seller Agreement
By submitting content to Presto3D, the seller (seller is defined as any user who submits content for sale or free download to Presto3D) gives Feeling Software the right to sell, reproduce, and distribute the content under the terms of the license described in the section entitled “Buyer Agreement”. Sellers further grant Feeling Software the right to reproduce and distribute the content in other formats (for example, files uploaded at in the .3ds format may be translated to .dae). Sellers who submit content to Presto3D will retain the copyright to their work; submitting content to Presto3D does not constitute a transfer of copyright to Feeling Software or any buyer. Translation of content from one format to another with the goal of reproducing the content in the same visual form (i.e. translating a 3D model from one 3D format to another 3D format where both formats are considered content of the same visual form, that form in this example being 3D models) does not constitute the creation of original work by Feeling Software and the copyright is still retained by the seller.
Representation and Warranties
The seller represents and warrants that:
a) The seller has the legal capacity and authority to enter into this agreement
b) The seller is the sole and exclusive owner of the content
c) The content submitted represents original creations and does not infringe on any copyright, trademark, right of privacy, right of publicity or other proprietary right of any third party, and any use as permitted in the license granted to buyers (described in the section entitled “buyer agreement”) would not violate any of these rights.
d) The content will not violate any law, statute, ordinance, or regulation
e) The content is not defamatory, libelous, pornographic*, obscene, or evocative of hatred towards a targeted group.
f) The content does not contain any viruses or other disabling mechanisms which may detrimentally interfere with the computer systems of Presto3D or the buyers
g) All descriptions of content truthfully describe the content, are complete, and do not aim to misrepresent the content to Presto3D or to buyers
* Users of Presto3D.com are permitted to submit content that displays nudity so long as the content does so in a way that is tasteful and not pornographic or sexually explicit, and abides by the representations and warranties above. While the seller assumes all responsibility for the content that he or she submits, Feeling Software retains the right (but not the obligation) to remove content that it believes is not tasteful, is pornographic, or is sexually explicit.
Payments to Sellers and Presto3D
Feeling Software assumes the role of a broker in any transaction via Presto3D where a license to content is sold by a seller to a buyer. The seller will receive payment of 50% of the content’s sale price unless otherwise specified. The remaining percentage is collected and distributed to Feeling Software as a commission on sale. Payments will not be made for content that is returned by the buyer. Presto3D retains the right to increase the percentage paid to sellers at its discretion.
By submitting content for sale through Presto3D, the seller grants Presto3D the right to collect and distribute payments on the seller’s behalf. Payment will be sent via cheque, on the 15th of each month, for the period beginning on the first of the previous month and ending on the last day of that month. Sellers should allow 2-4 weeks for the receipt of a cheque. Monthly payments will only be made to sellers who have had total sales in excess of $100 in the month. If $100 was not achieved, this amount will be added to the following month’s sales and will continue to roll over until the $100 minimum threshold is exceeded, or the account is terminated.
Rights Provided to Feeling Software by the Seller
By submitting content to Presto3D, the seller grants Feeling Software the right to publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes; (b) create and use samples of the Content for the purpose of demonstrating or promoting Seller products or services or those of Feeling Software; (c) use any trademarks, service marks or trade names incorporated in the Content in connection with Seller material; and (d) use the name and likeness of any individuals represented in the Content only in connection with Your material.
Pricing of Content
Upon submission of content, users will be asked to price the content for sale as they see fit. While the price will be set by the user, the user grants Feeling Software the right to increase the price that he or she has set at any time.
Submission of Contact Information
Sellers are restricted from submitting contact information (including but not limited to an e-mail address, business name, or website) in the descriptions or files that are available to Presto3D users who have not purchased a model. Files available for download after the content has been purchased by a buyer are not subject to this restriction.
Withdrawing Content from Sale or Terminating an Account
Presto3D may terminate a user’s account at any time with written notice (via e-mail or mail). If the Terms of Service are violated by a user, Presto3D may terminate that user’s account without notice. A user may terminate his or her own account at any time with written notice (via e-mail or mail).
Users have the right to withdraw content from sale on Presto3D. Termination of a user’s account will result in all content submitted by that user to be withdrawn from sale on Presto3D. However, if an account is terminated or content is withdrawn from sale, Feeling Software retains the rights to distribute the withdrawn content to buyers who have already purchased the license to that content. Upon termination of a user’s account, Feeling Software retains all the rights related to the content granted by the seller to Feeling Software upon submission of the content to Presto3D with the exception of the rights to sell and distribute the content to new buyers. These rights include, but are not limited to, the use of content for promotional purposes.
Any notice required by this Agreement or given in connection with it, shall be in writing and delivered by mail.
Feeling Software
c/o Presto3D customer Support
511 Place d’Armes, Suite 303
Montreal, QC, Canada
H2Y 2W7
Modification of Terms of Service
Feeling Software reserves the right to change these terms of service at any time without notice.