THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. PLEASE READ THEM CAREFULLY BEFORE USING THE SERVICES OF Unique3dm.

Terms and conditions to use Unique3dm’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. Unique3dm – UAB Unique3dm, Company code 302935696, Address - Antakalnio st. 3, Vilnius, Lithuania, the data of the company stored at the Legal Person’s register of the Republic of Lithuania.

3. 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, custom UI skins, tutorials, frequently asked questions, words, music, films, images, software, code and any other information.

4. Contract – an agreement between Designer and Buyer according to which the Designer promises to create the Buyer a Product for a pre-agreed fee.

5. Designer - a Member, who acts as a taxable person and in the course of its economic activity accepts a project under the 3D PROJECTS section of the Site and enters into an agreement with the Buyer to create a Product or a Member who joins Designer Partnership area under the Wildcat Terms.

6. 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.

7. 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.

8. Member – any person who creates a user account at the Site.

9. Product –

a) Any Content, uploaded by a Seller to the Product section of the Site and thus offered by the Seller to the potential Buyers for purchase or free download;

b) Content created by the Designer for the purpose of fulfilling the obligations arising from the Contract between Designer and Buyer.

10. Seller – a Member, who acts as a taxable person and in the course of its economic activity uploads Products to the Product section of the Site and offers them for sale or free download.

11. Site – Unique3dm.com website.

12. 3D Projects Terms – terms and conditions for 3D Projects services, provided by Designers to Buyers, available here.

13. Wildcat Terms – terms and conditions for Wildcat Project services, provided by Partnered Designers (as defined in Wildcat Terms) to Unique3dm, available here.

14. Content Policy – intellectual property policy of Unique3dm.com website, available here.

15. Privacy Policy – collection and process of personal data, available here.

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 Unique3dm 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;

- de-compile, reverse engineer, or disassemble, modify the Site, create derivative works based on the information, published on the Site;

- remove any copyright or other Unique3dm proprietary notices;

- mine, hack, spider, or survey the Site;

- copy any proprietary information or ideas from the Site;

- transmit spam, bulk or unsolicited communications;

- pretend to be Unique3dm or someone else, or spoof Unique3dm 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

2.1. All information on the Site is copyrighted proprietary material of Unique3dm and (or) Members and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Unique3dm 's prior permission. Except as expressly provided herein, Unique3dm 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 Unique3dm.

Unique3dm’s logos, slogans trademarks whether registered or unregistered may not be used without Unique3dm’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 Unique3dm, 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. Unique3dm 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. Unique3dm 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. Unique3dm 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 Unique3dm’s decision. Your membership will be reinstated if Unique3dm finds your request justified. Deactivation becomes final and the membership is automatically terminated if Unique3dm rejects your request, or, if you do not submit such request, upon expiry of the 30 days term. If your membership is terminated by Unique3dm for a breach of these General Terms, in addition to its other rights at law or in equity, you shall pay a fine to Unique3dm equal to all royalties payable to you hereunder, and Unique3dm 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 Unique3dm harmless from and against any and all such damages and liability.

3.8. Keep all the internal communication with other Unique3dm members inside this Site and do not ask or share contact details.

25. Process of purchases and payments

25.1. Unique3dm is not a party to the Product purchase agreement but facilitates interaction between Buyer and Seller by providing the marketplace platform available at the Site. Irrespective of any previous relationship, and for the avoidance of doubt, any decision to purchase a Product and arrange for payment of the same shall be done by Buyer alone, and acting in a principal capacity, and in respect of such Unique3dm undertakes no fiduciary, implied, or otherwise further duties or functions on behalf of the Buyer. Receipt of order(s) and payment(s) by Unique3dm shall constitute satisfaction of the Buyer’s obligations with respect to such under these General Terms.

25.2 Unique3dm’s role, to the extent it acts on behalf Buyer and/or Seller under these General Terms, if at all, is limited strictly to the functions of accepting and transmitting orders and accepting payment as detailed in the General Terms and do not extend to any duties beyond what is set out therein. Unique3dm undertakes no fiduciary, implied, or otherwise further duties or functions other than those detailed in the General Terms, and both Buyer and Seller agree to such, authorise Unique3dm to act in such a role, and to indemnify Unique3dm for any loss associated therewith accordingly.

25.3. Seller authorizes Unique3dm to collect money from the Buyer and distribute payment amounts to Seller, tax authorities, or other entities as the case requires under this agreement and in compliance with legal regulations.

25.4.Buyer may chose any payment method supported by the Site for the purchased Products at the time of sale. Buyer may cover up to 30 % of payment by applying Unique3dm Loyalty Credits to the purchase price. Buyer may also make a prepayment to Unique3dm. In this case Buyer will be granted a promotional code with a value of the prepayment and will be able to cover up to 100 % of payment by applying a promotional code. Promotional code can be applied to multiple payments and it will reduce in value after each payment.

25.5. Every calendar month by the twentieth (20) day, or the following business day if the twentieth is weekend or holiday, Unique3dm will pay the Seller its royalty payments according to Seller’s reputation level at the moment of purchase (see 4 part of this chapter to find a list of reputation levels).

25.6. Unique3dm reserves the right to withhold payments in the following cases:

- the amount is below the minimum allowed for a monthly royalty payment (which is $200), unless the Seller has chosen Paypal as his or her transfer method;

- Seller’s payments are on hold because previous payment to Seller failed to be received;

- Seller has provided inaccurate payment information;

- there is violation of Site policies that must be reconciled before any payment is made.

25.7. Unique3dm reputation levels and royalty rates paid for in particular level are the following:

Level #

Level Name

Reputation Points

Reached Royalty Rate

1

Beginner

0

70%

2

Explorer

100

71%

3

Modeling Enthusiast

250

71%

4

Ambitious Geek

500

72%

5

Rising Star

1000

72%

6

Polygon Expert

2000

73%

7

Talented Maker

4000

74%

8

3D Master

7000

75%

9

Leading Artist

11000

76%

10

Top Designer

15000

77%

11

Genius

20000

78%

12

Superstar

30000

79%

13

Legend

40000

80%


The Parties agree that the Reached Royalty Rate defined in this paragraph shall be final; the Reached Royalty Rate shall include all taxes and other charges (including VAT, where applicable) that shall be due in accordance with the applicable laws.

25.8. Unique3dm provides each Seller detailed sales information including:

- Price of the purchase

- Buyer information (including country of residence)

- Taxes charged

- Royalty rate at the moment of purchase

25.9. Unique3dm will calculate and pay royalties to Sellers / Designers after withholding taxes on royalties if such obligation is foreseen for Unique3dm in Lithuanian tax Laws.

25.10. If a user is from a location where end buyer pays taxes at the point of purchase (known as Value added tax (VAT), Goods and services tax (GST) or Sales tax) Unique3dm will detect buyer’s location and charge tax which is applied in particular location. Taxes will be deducted from the purchase price and transmitted to local tax authorities. Unique3dm will calculate and pay royalties to Sellers after deduction of taxes.

25.11. If a purchase is reversed after you have been paid or if for any reason Unique3dm has already paid to you in excess of the correct royalty payment, you acknowledge that such overpayment is due from you to Unique3dm and authorize Unique3dm to deduct from your future payments. If you discover or become aware of overpayment, you agree to notify Unique3dm of such occurrence and settle it accordingly.

25.12. 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 Unique3dm 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. Unique3dm takes no responsibility for determining the necessity of or for issuing any other formal document (except self-billing invoice) or for determining, remitting, or withholding any taxes applicable to paid fees, except for the VAT, GST or Sales tax and other taxes (withholding tax on royalties) that Unique3dm is obliged to pay in accordance with applicable Law.



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