Terms and Conditions of Use

 

This policy was last modified on September 20, 2009.

 


Thank you for using our website. 3dEssentials.com is an online information service owned and operated by Anton Vasilescu. The term “3dEssentials.com” or “We” or “Website” refers to the owner of the website 3dEssentials, whose office is located in California. The term “you” refers to the user, viewer or customer of our website.

Please read these Terms of Use carefully before using the services. By accessing this website you agree to comply and be legally bound by the following Terms and Conditions of Use (also referred as the “Agreement”), which together with our Privacy Policy govern 3dEssentials’s relationship with you in relation to this website. If you do not agree or do not wish to be legally bound by these Terms and Conditions, please do not access or use this website.

1. Description of Service

Subject to full compliance with the Terms of Use, 3dEssentials.com may offer to provide certain services and content. Services shall include, but not be limited to, any service and content 3dEssentials.com performs for you, as well as the offering of any materials displayed, transmitted or performed on the Website or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the “Content”). 3DEssentials.com may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. 3DEssentials.com may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

2. Disclaimer of Warranty, Limitation of Liability, Indemnity.

THIS WEBSITE IS AVAILABLE 24 HOURS A DAY, SEVEN DAYS A WEEK. TIMELY DELIVERY OF DATA AND PRODUCTS FROM THIS WEBSITE THROUGH THE INTERNET IS NOT GUARANTEED. BEFORE USING INFORMATION FROM THIS WEBSITE, WE URGE YOU TO PAY SPECIAL ATTENTION TO THE DATE AND TIME OF THE DATA AND PRODUCTS BEING DISPLAYED. ALTHOUGH 3DESSENTIALS ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. 3DESSENTIALS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ANY KIND FOR ANY PARTICULAR PURPOSE. 3DESSENTIALS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

THE CONTENT OF THIS WEBSITE IS FOR YOUR GENERAL INFORMATION AND USE ONLY AND IT IS SUBJECT TO CHANGE WITHOUT NOTICE. THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE MATERIALS AND THE INTERNET IN GENERAL FOR WHICH WE SHALL NOT BE LIABLE.

NEITHER THE 3DESSENTIALS NOR ANY THIRD PARTIES PROVIDE ANY WARRANTY OR GUARANTEE AS TO THE ACCURACY OF THE CONTENT OR SERVICES OF THIS WEBSITE, OR THAT FUNCTIONS CONTAINED IN THE MATERIALS OF THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS, THAT ALL PRODUCTS LISTED AND ADVERTISED ARE AVAILABLE AND THAT ALL TRANSACTIONS WILL BE COMPETED. YOU ACKNOWLEDGE THAT THIS INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW.

IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT ANY SERVICES, INFORMATION AND PRODUCTS AVAILABLE THROUGH THIS WEBSITE MEET YOUR SPECIFIC REQUIREMENTS.

NEITHER 3DESSENTIALS NOR ITS RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE WEBSITE. 3DESSENTIALS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.

IF YOU ARE DISSATISFIED WITH THE WEBSITE OR WITH ANY OF 3DESSENTIALS’ TERMS AND CONDITIONS OF USE OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS 3DESSENTIALS, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR LICENSEES AND RELATED ENTITIES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.

3. Trademarks and Proprietary Rights Notice.

All trademarks, logos, 3dEssentials graphics, designs, page headers, button icons, scripts, trade names or service marks (collectively referred as “marks”) mentioned, used or displayed on 3dEssentials.com are either owned by 3dEssentials or otherwise are authorized for our use. All rights reserved. The entire content of this website is protected by international copyright and trademark laws. The owner of the copyrights and trademarks is 3dEssentials.

4. Copyrights

IT IS STRICTLY PROHIBITED FOR YOU TO MODIFY, COPY, REPORODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. It is strictly prohibited to display, reproduce any marks and any other 3dEssentials materials. Unauthorized use of this website may give rise to a claim for damages and/or be criminal offense.

You my print and download portions of material from the different areas of the website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from those materials.

5. Ownership of Content

This website may offer featured articles, pictures, information, digital images, surveys, contests and sweepstakes, advertising, logos, trademarks and other content (collectively referred to hereinafter as “Content”, but excluding specifically User Content as defined below) we hope will be of interest to our users. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms now known or later invented. 3dEssentials makes no representations or warranties that the Content is available, appropriate or legal to access. Except for User Content (as hereinafter defined), all Content posted on or otherwise available via this website is owned by 3dEssentials or used with authorization. Please feel free to browse this website, but you must respect the rules, restrictions and our intellectual property rights as set forth in this Agreement. Please note that downloading software, information, data or images from this website does not give you title or other rights to such Content.

6. User Content

Our website allows you to post, submit, or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audio visual material, photographs and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images, or other content in any form (collectively referred to hereinafter as “User Content”). 3dEssentials does not claim ownership rights of the User Content. By posting User Content on this website, you hereby grant 3dEssentials a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform User Content. You also grant 3dEssentials rights to use your work in advertisements and promotions for 3dEssentials. You acknowledge and agree that 3dEssentials is under no obligation of confidence to you, and shall not be liable for any use or disclosure of any User Content. By posting the User Content on any website, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever.

3dEssentials has no obligation to monitor this website or any portion thereof. However, 3dEssentials reserves the right to review any User Content and remove, delete, redact, or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. 3dEssentials has no obligation to display or post any User Content. 3dEssentials reserves the right to disclose, at any time and from time to time, any information or User Content that 3dEssentials deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. 3dEssentials shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on this website.

7. Community Code of Conduct.

This website shall be used for lawful purposes only. We do not monitor, filter, censor, edit, delete or regulate information and content provided by third parties on this website, including information provided in community areas, although we reserve the right to do so in our sole discretion, with or without notice. We do not endorse or warrant the accuracy or reliability of User Content posted or uploaded by users or third parties. 3dEssentials will assist law-enforcement agencies investigating illegal activities or violations of this Agreement. You agree that neither 3dEssentials nor its officers, directors, employees, agents, suppliers, licensors or licensees are responsible for any User Content and agree to hold them harmless from any liability associated with such User Content posted by other users and other third parties.

Comments, discussion groups, chat area, bulletin board, news group, feedback areas are part of the Services offered by this Website. You agree not to upload, email, post, publish or otherwise transmit through a Service any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another’s privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another’s rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, “junk mail”, “spam” or chain letters; or (g) violates any rights or regulations.

The Services shall be used in a noncommercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of this website to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by 3dEsentials, you agree not to collect or store personal data about other users.


8. Privacy Policy.

It is our policy to respect the privacy of our users while accessing or using our website. Click here to review our Privacy Policy. Your use of this website is subject to both Privacy Policy and these Terms and Conditions of Use.

9. Termination of Service.

This Agreement is effective unless and until terminated by you or 3dEssentials. You may terminate this Agreement at any time (please see how by reading our Privacy Policy section number 10). 3dEssentials also reserves the right to terminate this Agreement at any given time and may do so immediately without notice, and accordingly deny you access to this website, if in 3dEssentials sole discretion you fail to comply with any terms or conditions of this Agreement. All provisions of the Terms and Conditions of Use which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


10. Usage by Children under 13.

If using this website you must be at least 13 years old and you are responsible for complying with our Terms and Condition of Use.

11. Modification of Terms and Condition of Use.

3dEssentials reserves the right to modify from time to time or any time this Agreement and any other documents incorporated by reference without any notice to you. These modifications will be effective immediately and upon posting of the modified Agreement in this Website. By using this Website you agree to review the most recent version of these documents whenever you see this website in order to be aware of such modifications and your continued access or use of this website constitutes your conclusive acceptance of the modified Agreement.

12. Third Party Sites.

From time to time this website may also include links to other sites. These links are provided for your convenience to provide future information. They do not signify that we endorse the site(s) and we do not have any responsibility for the content of the linked site(s).

The links in this Website will let you leave 3dEssentials’ site. The linked sites are not under the control of 3dEssentials and 3dEssentials is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. 3dEssentials shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such Content, goods or services available on or through any such site or resource.

13. Applicable Law.

This website is created and controlled by 3dEssentials and this Agreement is construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in Orange County, California. If any provision or any portion of any provision of this Agreement shall be held to be void or unenforceable, the remaining provisions of this Agreement and the remaining portion of any provision held void or unenforceable in part shall continue in full force and effect.

14. Severability.

The provisions of this Agreement are intended to be severable, in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

Headings are for convenience only, and are not intended to in anyway to confine, limit, construe or describe the scope or extent of such section.

ACKNOWLEDGMENT: This Agreement, including all documents referenced herein, represents the entire understanding between you and 3dEssentials.com regarding your relationship with 3dEssentials.com and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE BY USING THIS WEBSITE. The aforementioned Agreement is subject to change.