a. Copyright and Related Rights Act with respect to the Artium3d Content.
b. “Artium3d Products” are Artium3d Content and Artium3d Software.
c. “Artium3d Content” is a Content organized as a catalog of three-dimensional models of original interior design products (including but not limited to furniture, accessories, lamps, carpets, etc.), which are created by Artium3d.
d. In this Agreement:“you” or the “Client” or the “End-user” means you or, if you are accepting on behalf of your employer or member account entity, then “you” means that employer or entity and affiliates; “Artium3d” or “we” means Artium3d, operator of the Site; and “Content” means any 3d file, image or any media or other material that you are downloading from the Site, together with any accompanying material. “Computer” is an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
a. We hereby grant to you a perpetual, non-exclusive, non-transferable worldwide license to use the Content for the Permitted Uses (as defined below). Unless the activity or use is a Permitted Use, it is a prohibited activity or use.
b. You may only use the Content for those advertising, promotional and other specified purposes which are Permitted Uses (as defined below). For clarity, you may not use the Content in products for resale, license or other distribution, or if the original Content has been fundamentally modified or transformed sufficiently that it constitutes an original work entitling the author or artist to copyright protection under applicable law, and where the primary value of such transformed or derivative work is not recognizable as the Content nor is the Content capable of being downloaded, extracted or accessed by a third party as a stand-alone file. For example, you may not superficially modify the Content and sell it to others for use, reproduction or re-sale.
c. Only you are permitted to use the Content, although you may transfer files containing Content or Permitted Derivative Works to your clients, computers, or ISP for the purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide. You may install and use the Content in only one location at a time, although subject to the Prohibited Uses and the other terms of this Agreement, you are entitled to utilize the Permitted Uses an unlimited number of times. You may physically transfer the Content and its archives from one location to another, in which case you may use the Content at the new location instead.
Subject to the restrictions described under Prohibited Uses below, the following are “Permitted Uses” of Content:
a. Advertising and promotional projects, such as CG visualizations, multimedia presentations, including film and video, commercials, broadcast and theatrical presentations;
b. Entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters;
c. On–line or electronic publications, including web pages and/or internet broadcast;
d. Prints, posters, catalogues, brochures (i.e. a hardcopy) and other;
e. Any type of personal projects and/or artwork;
f. Any other uses approved in writing by Artium3d;
If there is any doubt as to whether a proposed use is a Permitted Use, you should contact Artium3d for guidance.
You may not do anything with the Content that is not expressly permitted in the preceding Permitted Uses section. For greater certainty, the following are “Prohibited Uses” and you may not:
a. Use the Content in applications intended for resale;
b. Incorporate the Content in any product that results in a re-distribution or re-use of the Content or is otherwise made available in such a manner that a person can extract or access or reproduce the Content as an electronic file;
c. Remove any notice of copyright, trade-mark or other proprietary right from any place it has been fixed on or embedded in the Content;
d. Sub-license, re-sell, rent, lend, assign, give away or otherwise transfer or distribute the Content or the rights granted under this Agreement;
e. Install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;
f. Use or display the Content in an electronic format that makes it possible for it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;
5. Activation of and Access to the Artium3d Products
a. In order to use the Artium3d Products the end-user shall:
c. Artium3d immediately confirms the receipt of the payment by sending a communication to the end-user’s email address.
The term of this License Agreement shall commence on the date of its conclusion and shall remain in full force for any future use of the Content, which is paid and/or downloaded by the end-user from Artium3d.
In case of termination or rescission of the present License Agreement, the end-user shall immediately cease the use of the Artium3d Products and shall be obliged to erase all copies of Artium3d Products made.
a. As far as the services and products of Artium3d are various and permanently increasing and modifiable with a view to their improving and widening, as well as in accordance with the changes in the applicable law, the present License Agreement may be amended unilaterally by Artium3d. Further amendments to the present License Agreement shall not affect any Content, which is already paid/prepaid/downloaded by the end-user without his/her prior consent.
b. Updates of the Artium3d Products may be granted to the end-user under additional or different terms.
The end-user undertakes:
a. To pay the charges for the corresponding 3d model(s), chosen by him/her;
b. Not to share free, resale, copy, multiply, distribute, modify or use Artium3d Products in any other way which is in violation of the present License Agreement;
c. When using the Artium3d Products the end-user is obliged:
d. To observe the applicable law, the present License Agreement and the rules of morality and good faith;
e. Not to breach material or non-material rights of third parties, including intellectual property rights over any of the components or elements, included in the Artium3d Products;
f. Not to perform and not to try to attain unauthorized use of the Artium3d Products.
a. Artium3d exclusively owns or is entitled to grant any intellectual property right over the Artium3d Products.
b. The law protects Artium3d Content as well as the original interior design products, reproduced in the Artium3d Content as three-dimensional models. Except as expressly stated herein, this License Agreement does not grant to the end-user any intellectual property rights over the Artium3d Products or over any original interior design products included in the Artium3d Content. Artium3d or the respective owner of the intellectual property rights over original interior design products, included in the Artium3d Content, reserves all rights not expressly granted.
a. By completing the payment and/or free downloads pages and clicking on the button “Place order” or “Download models now”, the end-user performs an electronic statement within the meaning of the Bulgarian Electronic Document and Electronic Signature Act and declares that he/she is acquainted with the License Agreement, accepts its terms and conditions and undertakes to observe it. The electronic statement, by its storage on the Artium3d 's server through a generally accepted standard for technical transformation that makes possible its reproduction, gains the capacity of an electronic document within the meaning of the quoted act. Artium3d may store in log-files on its server the end-user's IP address, as well as any other information necessary for the identification of the end-user and for the reproduction of his/her electronic statement of acceptance of the present License Agreement in case a legal dispute arises . The end-user may correct the information, which he/she filled in the payment/download pages and forms before the performance of the statement under the present paragraph.
b. All payments and/or content downloads performed on Artium3d.com and the statement under paragraph 14 above shall be performed by the legal representative of the end-user - legal entity.
c. The License Agreement shall take effect at the moment when the consent is expressed as described under paragraph 14 above. The License Agreement shall be concluded in English.
d. Artium3d shall confirm the receipt of the statement under paragraph 14 above by sending a communication to the end-user’s email address filled in the payment/download form(s). The communication shall include:
a. Artium3d makes no representations or warranties whatsoever, as to the legality or validity of your use of the content. The content and accompanying materials (if applicable), are provided “AS IS” without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose.
b. Artium3d grants no rights and makes no representations or warranties with respect to the use of any names, trademarks, copyrighted designs or works in the content. It is your responsibility to make sure that all necessary rights, consents, or permissions that may be required for your use of any content are obtained.
c. Artium3d does not guarantee that the content, Artium3d website(s), or other materials, will meet your requirement or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the content is assumed solely by you.
d. In no event shall Artium3d’s total aggregate liability to you, or to any third party claiming through you, arising out of or in connection with your use of or inability to use the Artium3d website and/or content exceed the monetary amount actually received by Artium3d from you for your use of the applicable content. Neither Artium3d nor any of its managers, employees, members or suppliers shall be held liable by you or by any other person or entity for any damages, costs or losses arising out of your use of the content, even if Artium3d has been advised of the possibility of such damages, costs or losses.
e. The Artium3d products may allow access to third parties’ websites. Artium3d is not liable for the content of these websites, the availability and the quality of the goods and the services provided through these websites or the performance of all undertaken obligations, pertaining to their provision, as far as the actions of the third parties are not under the Artium3d’s control.
Non-performance of the obligations by either party under this License Agreement, other than payment of money, shall be excused if the performance of such obligations is prevented or delayed due to any act or cause beyond the control of the non-performing party, and where such act or cause could not have reasonably been foreseen and avoided by such party; and provided that such breaching party shall promptly notify the other party of the existence of such cause and shall at all times use the best efforts to resume and complete the performance promptly.
The written form shall be considered accomplished by sending an e-mail, clicking on a virtual button in web page, clicking on a check-box in the website artium3d.com or similar actions, as far as the statement is technically stored in a way that allows for its reproduction.
a. For all matters not explicitly provided for by the present License Agreement, the provisions of the General Terms and Conditions of artium3d.com and of the Bulgarian legislation currently in force shall apply.
b. This License Agreement shall not prejudice the statutory rights of any party dealing as consumer.
a. You specifically agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed the terms of the Rules for using Artium3d.com and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation in this Agreement you agree to be bound by them.
b. Artium3d’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
c. This Agreement is personal to you and is not assignable by you without Artium3d’s prior written consent. Artium3d may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.
d. If all or part of any provision of this Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision an enforceable provision or provisions, that as nearly as possible reflects the terms of the unenforceable whole or part provision.
e. The parties agree that in case some of the clauses of the present License Agreement are found to be invalid, this shall not entail invalidity of the License Agreement, its clauses or other parts of the contract. The invalid clause shall be substitute by the imperative rules of the applicable law or the established practice.
f. You agree to pay and be responsible for any and all sales taxes, usage fees, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Content, pursuant to this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF ARTIUM3D AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ARTIUM3D, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND ARTIUM3D RELATING TO THE SUBJECT OF THIS AGREEMENT.
IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS OR ANY OTHER AGREEMENT WITH ARTIUM3D, ARTIUM3D SHALL HAVE THE RIGHT TO DEACTIVATE YOUR ACCOUNT WITHOUT FURTHER NOTICE. SUCH DEACTIVATION SHALL BE IN ADDITION TO ARTIUM3D’S OTHER RIGHTS AT LAW AND/OR EQUITY. ARTIUM3D SHALL BE UNDER NO OBLIGATION TO REFUND ANY FEES PAID BY YOU IN THE EVENT THAT YOUR ACCOUNT HAS BEEN TERMINATED BY REASON OF BREACH, ANY SUCH BREACH OR BREACHES.
YOU UNDERSTAND THAT YOU SHOULD SEEK COMPETENT COUNSEL BEFORE USING THE CONTENT ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES.
RULES FOR THE USE OF THE WEBSITE ARTIUM3D.COM
The following sets forth the rules for the use of the website Artium3d.com with respect to the provision of resources and services available for all customers on this website.
1. “Artium3d.com” (https://www.artium3d.com) is a website – a virtual informational resource in the Internet, owned by Artium3d which presents Artium3d’s products and services and gives the users the opportunity to use different services, as well as to find information by hyperlinks to resources, situated on the Artium3d's server or another server, beyond the control of Artium3d.
2. “Customer” is any natural person, who uses the website Artium3d.com.
3. “Malicious actions” are actions or inactions, violating the Internet ethics or causing damages to persons connected to the Internet or associated nets, as well as any actions that can be qualified as crimes or administrative offences according to the Bulgarian or other applicable legislation. The malicious actions include, but are not limited to, the following: sending of unsolicited communications (SPAM, JUNK MAIL), flooding, gaining access to resources by using somebody else’s rights and passwords, using system imperfections for own benefit or for gaining information (HACK), committing actions, that can be qualified as industrial espionage or sabotage, damaging or destroying systems or arrays of information (CRACK), sending systems for unauthorized remote access (“Trojan Horses”) or causing the installation of viruses, disturbance of the other Internet and associated networks user’s normal work, etc.
4. “Artium3d Database” is a database organized as a catalog of three-dimensional models of original interior design products (including but not limited to furniture, accessories, lamps, carpets, etc.), which are created by Artium3d.
5. Artium3d provides to the customer a set of resources and services predefined as free and available without prior registration on the web pages of Artium3d.com.
6. The computer and other technical equipment, the Internet access and the connection for the transmission of informational packages between the customer and the web page, necessary for the use of the website Artium3d.com, are to be ensured by the customer himself/herself. Artium3d is not liable in cases where the customer cannot access the Services due to problems which are not under its control (hardware or software problem, problem regarding the Internet connection, etc.).
7. The present Rules shall not apply with respect to services, which are subject to particular rules, as well as with respect to the relationships between the customer and third parties.
8. As far as the services provided by Artium3d are various and permanently increasing and modifiable with a view to their improvement and widening their range, the features and the regime for their provision (free access, upon prior registration or after registration and payment of a corresponding charge) may be changed at any time by Artium3d. Artium3d is entitled to discontinue the provision of these services as well as to block the access to the website Artium3d.com at any time at its sole discretion.
9. The parents exercising their parental rights or the guardians of a person under age are liable for all damages caused by the latter to Artium3d or to third parties with respect to the use of the website Artium3d.com.
10. As far as the services provided by Artium3d are various and permanently increasing and modifiable with a view to their improvement and widening their range, as well as in accordance with the legislative changes that concern the services provided, the present Rules may be amended unilaterally by Artium3d.
11. In the event of amendment to these Rules, Artium3d undertakes to notify the customer by publishing in Artium3d.com a notice with the text of the changes or a hyperlink to a web page where the amended Rules are available.
12. Artium3d provides to the customer:
a. limited access to Artium3d Database and to information about the designer and the producer of the original interior design products included in it without option for combining their three-dimensional models and designing interior compositions. In order to use the option for combining three-dimensional models of original interior design products and designing interior compositions the customer shall have a registration in Artium3d.com, shall pay certain charge defined on the respective web page and shall agree with the respective License Agreement;
b. access to other text, graphic, audio and video materials and other resources on Artium3d.com.
13. The customer is obliged to observe the terms and conditions regarding the regime for use of the services as well as regarding any other line of conduct determined by Artium3d for the purposes of protecting or improving the quality and reliability of the services.
14. All intellectual property rights regarding the content on the website Artium3d.com, including but not limited to, the text, pictures, designs, graphics, photos and other video material, sound material, format, software, data compilations, databases (including Artium3d Database) and other materials, as well as the intellectual property right regarding the services, are subject to protection under the Bulgarian law and are sole property of Artium3d or the referred third party granting the right to use these rights to Artium3d. The customer may not use the website Artium3d.com, the services or any element of the content thereof, in any other way other than for their respective purposes.
15. The right of access of the customer does not include the right to copy or reproduce the content of Artium3d.com or any part or element of it or to use any intellectual property objects owned by Artium3d or by any third party, unless it involves non-substantial volume of content only for the purposes of personal and non-commercial use which does not prejudice the lawful interests of the authors or any other owners of intellectual property rights. Notwithstanding the above, the customer may not remove any designation or information regarding the trademark or the ownership of other kind of intellectual property rights over the available materials.
16. The customer may not make the content of the Artium3d.com or any element thereof available in any way to third parties and may not multiply it. This, inter alia, means the customer may not extract and/or reuse substantial parts of the content of Artium3d.com and/or repeatedly and systematically extract and reuse non-substantial parts of the content without the written permission of Artium3d.
17. When using the website Artium3d.com, the customer is obliged not to upload on the Artium3d's server, transmit or otherwise make available to third parties information, data, text, sound, files, software, music, photos, designs, graphics, video, messages, as well as any other materials, which:
a. contravene the Bulgarian legislation, the applicable foreign law, the present Rules, the Internet ethics, the rules of morality and good faith;
b. contain a threat to human life or physical integrity;
c. have advertising purposes, unless Artium3d has granted its prior consent;
d. have pornographic content or any other content which endangers the normal mental development of the minors or violates the rules of morality and good faith;
e. have contents that violates human rights or freedoms;
f. contain commercial or industrial secrets or other information protected by the law;
g. are subject to third parties' right of intellectual property, unless right holder has granted its consent ;
h. violate any pecuniary or non-material rights or lawful interests of third parties.
18. In case of breach of any of the requirements under the preceding paragraph Artium3d is entitled immediately and without a notification in advance to suspend the access of the customer and the third parties to the respective content, information or materials. In this case Artium3d shall have the right to notify the competent authorities regarding the ascertainment of the respective breach.
19. When using the website Artium3d.com the user is obliged:
a. not to offend any reputation and not to instigate violent change of the constitutional order, crime, cause harm to a person or to inflame a racial, national, ethnics or religious enmity;
b. not to promote fascist or other antidemocratic ideology;
c. not to breach material or non-material rights of third parties, including intellectual property rights;
d. to inform immediately Artium3d of each instance of committed or discovered breach regarding the use of the website Artium3d.com;
e. not to introduce himself/herself as a representative of a legal entity or group of persons, who he/she is not authorized to represent, or to mislead in other way third parties about his/her identity or affiliation to a certain group of persons;
f. not to perform malicious actions.
21. All customer are prohibited from uploading on the Artium3d's server, sending, delivering, disseminating, making available to third parties or using in any way computer programs, files, attachments or other materials or information, containing computer viruses, systems for unauthorized remote access ("Trojan horses"), computer codes or materials, intended to interrupt, impede, breach or restrict the normal functioning of computer hardware or software or telecommunication devices or intended to perform unauthorized penetration in or access to foreign resources or software.
22. Every customer is obliged not to perform and not to try to attain unauthorized access to the services provided, to user profiles, computer systems or networks, connected with the Services provided, by cracking or using other's passwords or by any other methods.
23. Artium3d does not have obligation and objective capacity to control the way in which the customer uses the website Artium3d.com or to seek facts or circumstances indicating illegal activity related to this use.
24. Artium3d may place hyperlinks and advertisements on the website Artium3d.com for selling goods and rendering services by third parties - partners of Artium3d. Artium3d is not liable for the availability and the quality of these goods and for the contents of these services, as well as for the performance of all undertaken obligations, pertaining to their provision, as far as the actions of the third parties - partners of Artium3d, are not under the Artium3d's control.
25. Artium3d is entitled, but not obliged, to remove, delete or block at its own discretion any part or element of the website Artium3d.com content.
26. Artium3d is entitled, but not obliged, to save any content, situated on the its server and to submit it to third parties and to the respective authorities in case this is necessary for the protection of the rights, lawful interests and security of Artium3d or third parties, as well as in the cases, when the respective content is required by the respective state authorities.
27. Artium3d takes all the due care the content available on Artium3d.com to be correct but does not guarantee the authenticity and the thoroughness of this content, unless provided otherwise on the website Artium3d.com.
28. Artium3d does not guarantee that the services provided will be uninterrupted, timely, trustworthy, secure and free from mistakes, as far as this is beyond the abilities, control and the will of Artium3d. Artium3d is not responsible for non-provision of the services if circumstances which are out of the Artium3d's control occur - cases of force majeure, chance events, problems with Internet and with the provision of the services outside Artium3d's control.
29. Artium3d does not guarantee that the services provided are untouched by computer viruses, Trojan horses or other similar programs and systems, disturbing the normal work of the computer systems.
30. The use of the website Artium3d.com is entirely at the risk and the sole responsibility of the customer.
31. Artium3d is not responsible for damages caused to the customer during the use of the website Artium3d.com, unless they have been caused deliberately or due to gross negligence on the part of Artium3d.
32. Artium3d is not liable for damages to the software, hardware or the telecommunication devices, neither for the loss of data, resultant of any content sought, uploaded or used in any way through the medium of the services provided.
YOUR PRIVACY IS IMPORTANT FOR US.
What personal data we collect
Personal information is data that can be used to uniquely identify or contact a single person.
When you register an account, purchase or download a product or participate in an online survey, we may collect information, including your name, mailing address, email address, phone number and other information you may be asked to provide.
It’s important to know that we do not store on file your credit card details you provide when you make a purchase on artium3d.com.
The personal information we collect allows us to keep you posted on the latest 3d models, announcements and events. It’s helping us to improve our services and content. If you don’t want to receive any emails from us, you can opt out anytime by updating your account preferences.
We also use your personal data to develop new products and services or for internal data analysis and research.
We may also collect non-personal data which does not permit direct association with any specific individual. We may use and/or disclose non-personal data for any purpose.
We may use “cookies” to better understand our website visitor’s behavior or to remember personal information when you use our website to offer you better and more personal experience.
We shall not reveal any personal data and shall not provide or transfer the collected personal data to third parties – state or municipal authorities, companies, natural persons and others, except in the following cases: