Terms & Conditions / Licensing
The definitions used in the present Agreement indicate as follows:
1. Tooto3DScan – means both the Tooto3DScan service available on the website: www.tooto3dscan.com, as well as the online shop available on the website: www.tooto3dscan.com, by hand of which a User can use Services.
2. Services – functionalities made available for Users by Tooto3DScan
3. Account - An individual profile of a User, which includes all the necessary data needed to provide Services, account balance, as well as the login and the password, which identifies an individual access of a User to Services.
4. User – an entity possessing access to Services, a natural person fully capable of legal transactions, a juridical person or a organizational unit, who by virtue of specific provisions, can be a subject of rights or a subject to an obligation.
5. Agreement – the present agreement of the Tooto3DScan service.
II. GENERAL PROVISIONS.
1. The owner of Tooto3DScan is:
TOOTO Daniel Komuda
Ul. Źródlana 5
VAT identification number: 9690428340
2. User can quickly and efficiently contact Tooto3DScan by:
- e-mail address: firstname.lastname@example.org
-from Monday to Sunday from 8:00 a.m. to 12:00 a.m. UTC +1:00
III. REGULATIONS OF RENDERING ELECTRONIC SERVICES
1. Using of the Services depends on meeting the following technical requirements:
a) access to WWW browser: Internet Explorer version 7.0 or higher, Mozilla FireFox version 3.0 or higher, Chrome (all versions), or Opera version 2 or higher.
b) activation of Java Script
c) having an active e-mail account
2. Rendering of the Services requires registration to Tooto3DScan, as well as familiarizing and accepting the regulations and conclusions of the Agreement.
3. The Agreement is available on the current website of Tooto3DScan and is presented to the User before concluding the contract.
IV. REGISTRATION AND THE USER ACCOUNT
1.Pursuant to the provisions of this paragraph, Tooto3DScan concludes an Agreement with the User on rendering electronic services, which becomes the foundation of the User Account.
2. In order to register, the User is obliged to fill the registration form.
3. In order to create an account, the User is obliged to provide the following data:
a) User name and password;
b) name and surname or company name;
c) active e-mail address;
d) the name of the country of a User’s tax return.
4. Registration is completed once all the necessary data is entered into the Tooto3DScan form.
5. The Agreement is concluded for an indefinite period of time.
6. The Agreement on rendering electronic services can be terminated by the User at any time.
7. Tooto3DScan reserves the right to terminate the Agreement on rendering electronic services in the event of inactivity in the User account within one year.
8. Termination of the agreement by either party, as well as the termination by mutual consent is equal to blocking the User's access to the User Account and its removal.
9. Tooto3DScan may terminate the agreement on providing services by electronic means if:
a) the purpose of Registration or the use of the Services is in clear contradiction to the rules and purpose of the Service's operation,
b) User activity contradicts existing moral standards, incites to violence or committing a crime or if it violates the rights of third parties,
c). it received an official notice about the unlawful character of the provided data or the activities related to it,
d) the User grossly or persistently breaches the provisions of this Agreement.
10. Prior to termination of the agreement on providing services by electronic means, as well as in the case of breach of minor regulations, Tooto3DScan may suspend the User’s Account for an indefinite period of time. The suspension of the User’s Account is equal to blocking User’s access to the Services. The decision to suspend the User's Account will be withdrawn if the reason for the suspension is resolved or clarified.
11. The notification of termination of the agreement on providing services by electronic means given by the User shall be given by sending it to the provided contact e-mail address or by removing the User’s account.
V. SERVICES AND PAYMENTS
1. Tooto3DScan offers Users the service of giving access to downloading 3D models, tutorials and textures (hereinafter referred to as "data") in the form of digital data only.
2. The User can place an order through the website: www.tooto3dscan.com, 24 hours a day, seven days a week. At the time of placing the order, the Users confirm that they are aware the implementation of the order entails the obligation to pay for the purchased Service.
3.The User may order the Services available and described on the website. Each description includes technical information and price without a statutory sales tax. Where applicable, the tax is added during the sales process. A detailed description of each product appears after clicking on it.
4. Order by clicking on the object, which adds it to the cart. Then go to shopping cart and fill in the payment method fields. Registered Users must log in; unregistered Users must register.
5. Upon payment, the User will receive an email with a link to download the product. The download process begins after clicking on the link.
6. Payment service is provided by Paypal. Credit card transactions and e-transfers are carried out via Paypal.
7. Tooto3DScan reserves the right to change the price list with prior notice.
8. On the basis of the received User’s request, Tooto3DScan will issue an invoice within 7 days from recording the payment.
VI. INTELLECTAL PROPERTY RIGHTS AND THE CONDITIONS OF THE USE OF THE DATA UNDER THIS AGREEMENT, LICENSE.
1. All Data subject to the Agreement is owned by Tooto3DScan or by the artists who supplied this content. All rights not expressly granted in this Agreement are reserved by Tooto3DScan Daniel Komuda and the Data providers.
2. Whenever it is technically feasible, the following information should be included in the visual production: "Tooto3DScan".
3. Each piece of Data downloaded from Tooto 3DScan is protected by this Agreement.
4.The data can be used in any way that is not restricted or inconsistent with other provisions of the Agreement.
5. User can use the data indefinitely.
6. User can use the data in an unlimited number of projects and in any medium.
7. User does not have exclusive rights to use of the content they bought. Service Tooto3D Scan can sell the same data to other users.
8. The user can use the data as graphical components, including: art work, educational purposes, websites, advertising, promotions, real-time shows, film and television productions, web and mobile applications, virtual reality, video games, computer graphics.
9. Data made on the basis of photos may contain graphic elements e.g. logos, trademarks or signs, that are subject to the copyrights of Third Parties. Use of them may be illegal and User does so at their own risk.
10. The rights granted to User are non-transferrable and cannot be sold or resold, rented, leased, lent or sub-licensed. There are two exceptions from the principle above:
a) In case of the acquisition of the license on behalf of an employer or a client or for your employee(s), the employer, client or employee(s) have the right to use the Data. In this case by signing this Agreement you state and warrant that the employer, client or employee(s) commit themselves to following the terms of this Agreement. If you do not have the legal right to guarantee this, then the employer, client or employee(s) must not use content.
b) You can allow your subcontractors to use the Data in a production or distribution process when it is indispensable for the final design or product. These subcontractors and distributors may not use the Data for any other purpose.
11. The Data may not be used for pornographic purposes, in a libelous or otherwise unlawful manner.
12. The Data cannot be sold nor distributed in unchanged or modified form as standalone files.
13. You cannot use data in a way that allows others to download, extract, or redistribute data as a standalone file (i.e.: an object itself, separated from the project or end-use).
14. This License Agreement cannot be granted. You must not sell, distribute, rent or share any of our data. You must not use it in direct trades, in stock or in other competing with Tooto3D Scan formats.
15. You must not imply that you are the only creator of the work that mainly consists of this licensed data. You should always indicate the source of the data.
16. You must not use the Data on articles or services for resale or distribution if their basic value is based on the use of this data like figurines, stationery, souvenirs, clothing, posters, DVDs, books or any other articles intended for resale, licensing or other distribution for profit.
VII. REPRESENTATIONS AND WARRANTIES
1. Tooto3DScan will make every effort not to infringe any copyright or violate any other intellectual property o image rights.
2. Tooto3DScan will make every effort to provide the best possible quality of the Data - reference is made in 2D screenshots and 3D viewer.
3. All necessary rights of the models required for the use of the Data as authorized by this agreement have been obtained.
4. Data is provided "as is" without any representation, warranty or condition of any kind, either expressed or implied, and in particular any representations, warranties or conditions implied by merchantability or fitness for a particular purpose. Tooto3DScan does not declare or warrant that the content will meet your requirements, and that your use of the Tooto3DScan will be free of interruptions and errors.
5. Tooto 3D Scan service does not offer refunds for downloaded files ( in accordance with section VIII). Returns will only be considered if there are technical issues with the file and Tooto 3D Scan considers them to be justified. The quality of 3d scans is not a basis for claims. We make every effort to show the quality of offered products in the enclosed screens and 3d viewers.
6. All refund / cancellation requests must be submitted in writing. In case of a positive review the service will transfer the charge to the User's account or to their credit card account. In case of a cancellation, the user's right to use the content expires, and the user should remove or destroy any copies of the Data.
7. Tooto3DScan may discontinue the licensing of any data at any time, at its sole discretion. Upon receiving of a notification from Tooto3DScan, or upon notice to the user that any content may be subject to a third party claim for infringement for which Tooto3DScan may be responsible, Tooto3DScan may require User to immediately and at their own expense: remove, delete or destroy any copies thereof and ensure that its customers, distributors or employers do likewise. Tooto3DScan will provide the User with substitute Data (as determined by Tooto3DScan at its sole discretion) free of charge, subject to this Agreement.
8. User agrees on the defense, indemnification and protection of Tooto3dScan, arising out of any breach of this Agreement by the User (or any person acting on the User’s behalf).
9. Tooto3DScan is not liable for damages and losses arising out of the use of the data, whether direct or indirect, including but not limited to theft or malfunction of the computer or data corruption.
10. The User has the right to make complaints regarding the Services provided by Tooto3DScan. Complaints are to be submitted:
a) Electronically to the Tooto3DScan email address.
3. Complaints should include the User and transaction data, as well as the content of the complaint.
4. The complaint will be investigated and the User shall be notified about the result within 14 days from the date of its filing by electronic means.
VIII. CONSUMER’S RIGHT TO WITHDRAW FROM THE AGREEMENT
1. According to the Consumer Rights Act of 30 May 2014 (Dz.U. 2014, item 827), a User, who is also a consumer, has 14 days in which to electronically withdraw from the Agreement without giving any reason. In order to withdraw from the agreement, the User is obliged to send a statement before the deadline.
2. The withdrawal is made by submitting a withdrawal statement, in particular using the appropriate form, and sending it to the Tooto3DScan contact information.
3. Tooto3D Scan immediately sends the consumer a confirmation of receiving the withdrawal from the Sale Agreement to the e-mail address provided by the consumer.
4. In case of exercising the right referred to in sec. 1 Service Agreement is considered void.
5. The right to withdraw from the Distance Agreement referred to in sec. 1 shall not be entitled to the User in the cases specified in art. 38 of the Consumer Rights Act, and in particular with respect to service agreements, if the trader has performed the full service with the explicit consent of the consumers who had been informed prior to the commencement of the service that they will lose their right to withdraw from the contract once the service is completed by the contractor.
6. Tooto3DScan informs Users of the loss of the right to withdraw from the Agreement and the possibility of giving consent to it through the functionality of the service while using the Service.
7. In case of filing the statement referred to in paragraph 1, when the Users have explicitly requested the service prior to the expiration of the withdrawal period, they shall be obliged to pay for the services fulfilled until they withdraw from the Agreement.
8. The right of withdrawal shall not be granted to the User in other cases specified in art. 38 of the Consumer Rights Act.
IX. FINAL PROVISIONS
1. All matters unregulated by the present Agreement shall be governed by adequate regulations of the Polish Civil Code and other applicable laws.
2. In case of any dispute or claim arising out of or in connection with the Agreement, the parties shall first seek to resolve the dispute amicably and act in good faith.
3. In the event of failure to reach an agreement indicated in para. 2, the dispute will be settled by a common court competent for the address of the headquarters of Tooto3DScan. The preceding sentence does not apply to disputes to which the consumer is a party.
4. The present agreement binds the User personally and may not be transferred by the User without the prior written consent of the Service.
5. The User is obliged to keep the copyright symbol, the Tooto3DScan name, the data identification number, as well as any other information embedded in the electronic file stating the origin of the data, and to make every effort to protect the data against unauthorized use of a third party.
6. If any one or more of the provisions (or any part thereof) of this Agreement shall be held invalid, illegal or unenforceable in any respect, such provision shall be modified so as to make it valid, legal and enforceable, and the validity, legality and enforceability of the remaining provisions (or any part thereof) of the Agreement shall not in any way be affected or impaired thereby.
7. No waiver of satisfaction of a condition or nonperformance of an obligation under this Agreement will be effective unless it is in writing and signed by the party granting the waiver.
8. By virtue hereof, any notifications sent to the Tooto3DScan service are requested to be sent via electronic mail to: email@example.com. Any customer notifications will be sent via electronic mail to the email address provided in the User’s Account.
9. User shall pay all applicable taxes including any VAT and other sales, use, or other taxes, all customs charges, commissions, levied by any jurisdiction on account of the licensing and the use of the licensed data.
10. Tooto3DScan reserves the right to modify the provisions of the Agreement. The User will be notified of such changes of the Agreement via the provided e-mail address within 14 days with the right to terminate the Agreement. Changes to the Agreement come into effect on the expiry of the notice period.