Terms and Conditions

Effective 20 February 2024

PixelPalace OÜ ("PixelPalace," "we" or "us") is delighted to offer access to our platform, 3Dartify.net, where users ("User" or "you") can purchase a variety of 3D models. Our platform provides а 3D models. All components of the 3Dartify.net platform, including our technology and software, are collectively referred to as the "Services" and may be subject to modifications at our discretion.

By registering with us or using the Services, you agree to abide by these Terms and Conditions (the "Agreement"), which may be updated periodically. Your continued use of the Services constitutes acceptance of any changes made to these Terms and Conditions. Please review this agreement thoroughly and monitor these Terms and Conditions regularly for updates. If you do not accept these and Conditions, you may not use the Services.

For information regarding the collection and protection of your personal data, please refer to the PixelPalace Privacy Policy ("Privacy Policy"), accessible at Privacy Policy.

General

A. Description of Services

PixelPalace OÜ is pleased to offer a platform where users can purchase 3D models. Detailed information about the available models, including pricing, can be found at our website.

B. Account

To access our services fully, an account with PixelPalace OU is required. You can create an account directly by completing the appropriate form. You agree to provide accurate and truthful information during the account creation process and to update it as necessary to ensure its accuracy. Account transfer to any third party is prohibited. You are responsible for maintaining the confidentiality of your account login details and for all activities conducted under your account. If you suspect or become aware of any unauthorized use of your account or other security breaches, you must notify us immediately. Please note that PixelPalace OU reserves the right, at its discretion, to deactivate, reallocate, or rename your accountat any time. In the event of account deactivation, reallocation, or renaming, all your User Content and Services will remain linked to your account, subject to the terms of this Agreement.

C. Access

We reserve the right, at our sole discretion, to decline offering the Services to any individual or entity. In accordance with this Agreement, we retain the right to terminate your access to and use of the Services, or any portion thereof, and to block or prevent your future access to and use of the Services or any portion thereof.

D. Minors

The Services are not intended for individuals under the age of 13. Individuals under the age of 13 are prohibited from registering for or using the Services. By accessing or using the Services, you affirm and warrant that you are over the age of 13. This provision is void where prohibited by law, and access to the Services is restricted in such jurisdictions.

Purchases

A. Pricing

The pricing for our 3D models is available on our website at our website. Payment for each model is due at the time of purchase, securely processed through credit or debit card. If there is a change in pricing for a specific 3D model, it is the responsibility of the customer to monitor any price adjustments. We may modify prices at our discretion without prior notice. If you do not wish to proceed with the purchase at the new price, you may choose not to complete the transaction.

B. Representations

You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred. Additionally, you are responsible for paying any applicable taxes related to your purchases.

Cancellation and Refund Policy

You have the option to cancel your purchase within 14 days of the transaction, provided that the 3D model has not been downloaded or used, or in the case of a download error or technical issues with the file. To cancel a purchase, please contact our support team at [email protected] with your request.

Ownership of PixelPalace Content

A. Generally

When utilizing our services, you will encounter "PixelPalace Content," encompassing all images, text, information, data, and other materials accessible through our platform, excluding User Content. "User Content" refers to all 3D models, images, related content, and comments uploaded by users. We do not assert ownership over any User Content unless specified otherwise in this Agreement.

B. Ownership

All PixelPalace Content is owned by PixelPalace OU or its licensors, and is safeguarded by both domestic and international copyright, trademark, and proprietary rights laws. Between you and PixelPalace OU or its licensors, PixelPalace OU or its licensors exclusively retain all rights, title, and interest in and to the Services, including all PixelPalace Content provided through the Services. This includes but is not limited to copyrights, trademark rights, trade secret rights, patent rights, database rights, and other intellectual property rights. The trademark "PixelPalace" and associated logos, as well as other trademarks, service marks, logos, and trade names presented in connection with the Services, are the registered and unregistered trademarks and service marks of PixelPalace OU or third parties. Your utilization of the Services does not confer ownership of any PixelPalace Content upon you. Except for the limited license granted under this Agreement, your use of the Services does not grant you any license or permission under any copyright, trademark, or other intellectual property rights of PixelPalace OU or any third party. We reserve all rights not expressly granted to you in this Agreement.

C. Service and Content License

We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use the Services solely as provided by us in this Agreement. Except as explicitly permitted in this Agreement, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish, or otherwise use any portion of the Services or PixelPalace Content for any purpose without our express prior written permission or that of the applicable rights holder. Any commercial exploitation of the Services or PixelPalace Content without express prior written permission is strictly prohibited.

D. Software

All software and utilized in connection with the Services ("Software") is proprietary to us or third parties. Except as required to exercise the aforementioned license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or reduction of such software to human-readable form is prohibited. You agree that we may update the Software without notice, at any time and at our sole discretion, and that this Agreement will apply to any updated versions.

User Restrictions and Responsibilities

Ensuring the safe and lawful use of our Services is paramount to us, and we expect all users to adhere to the following guidelines:

Usage Limitations: You agree not to decompile, disassemble, reverse engineer, copy, transfer, or utilize the Services, PixelPalace Content, or User Content in any manner not explicitly permitted by this Agreement.
Legal Compliance: You shall not promote or engage in any illegal activities or advocate, promote, or assist in unlawful acts.
Content Standards: Transmitting any material that is pornographic, threatening, harassing, defamatory, racist, or illegal is strictly prohibited. Content deemed inappropriate for all audiences or suitable only for individuals over the age of 13 must be properly labeled as "Restricted" and adhere to our Content Policy.
Identity Misrepresentation: Do not transmit material that falsely represents your identity or affiliation with any person or entity.
Prohibited Activities: You are prohibited from transmitting unsolicited advertising, promoting illegal activities, or infringing upon the intellectual property rights of third parties.
Service Misuse: Using the Services in a manner likely to disrupt or harm the functionality, security, or integrity of the platform, its users, or associated systems is strictly forbidden.
Cybersecurity: Intruding into third-party computer systems, transmitting harmful materials, or engaging in activities that may compromise information systems' integrity or security is prohibited.
Unauthorized Use: Except as explicitly permitted, you may not collect, distribute, or use PixelPalace Content or User Content for publication, sale, or distribution without prior authorization.
Legal Compliance Reporting: You agree to promptly inform PixelPalace about any legal complaints, claims, or actions related to the User Content you have uploaded using the Services.

Warranty Disclaimers, Limitations of Liability, Indemnity

A. Disclaimer of Warranties

PixelPalace OU makes no warranties or representations regarding the Services or the PixelPalace Content. Your use of the Services is entirely at your own risk. The Services are provided "as is" and "as available" without any warranties, express or implied, unless such warranties are legally incapable of exclusion. PixelPalace OU expressly disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Services, website, or the PixelPalace Content will meet your requirements, be available, accessible, uninterrupted, secure, or error-free. We also do not guarantee the accuracy or reliability of any information obtained from the Services or website. Any advice or information obtained from PixelPalace OU or through the Services does not create any warranty not expressly stated herein.

B. Limitation of Liability 

PixelPalace OU's maximum aggregate liability to any user will be the amount paid by such user to PixelPalace OU for the period in which the liability arises, up to a maximum of EUR10,000, only if the user has paid fees for use of the Services. PixelPalace OU will not be liable for any damages arising from the use of the Service or any information, PixelPalace Content, designs, User Content, products, or services included on or made available through the Service, including but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

C. Indemnity

You agree to indemnify and hold PixelPalace OU and its affiliates, subsidiaries, owners, directors, officers, employees, and agents harmless from and against any claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including reasonable attorneys’ fees) assessed or incurred by PixelPalace OU directly or indirectly, due to your failure to comply with this Agreement, breach of your obligations under this Agreement, use of the rights granted hereunder, violation of any third-party rights or applicable law, or any claim that your User Content caused damage to a third party.

International Data Processing

PixelPalace OU operates globally, providing its services across various regions. In order to facilitate the provision of our Services, we and our service providers may process your data on servers and equipment located in Estonia or any other countries where we or they operate. By utilizing our Services, you consent to the transfer of your data to locations that may be situated outside your country of residence, including Estonia. You acknowledge and agree that, as a condition of providing PixelPalace OU with your data, you have the legal authority to transfer it to other countries, such as Estonia, for the purposes outlined under this Agreement.

To obtain more information about the terms of data processing agreements available to support your use of the Services, please reach out to the PixelPalace OU support team.

Modifying and Terminating the Services

A. Changes at Our Discretion

PixelPalace OU reserves the right to modify or discontinue offering all or part of the Services at any time, at our discretion. In such cases, we will provide you with one (1) month's notice prior to the changes taking effect.

B. Termination for Cause

We may terminate your user account or access to all or parts of the Services at any time, without prior notice, if we believe your conduct violates this Agreement, is harmful to other users, PixelPalace OU, other service providers, or any third parties.

C. Survival

Upon termination of this Agreement or cessation of your use of the Services, certain provisions will survive and remain enforceable, including: (i) any outstanding obligations between you and us; (ii) remedies for breaches of this Agreement; and (iii) terms necessary for the enforcement of the parties' rights and obligations.

Applicable Law and Jurisdiction; Arbitration

A. Applicable Law and Jurisdiction

The Services provided by PixelPalace OU originate from its offices in Estonia. Accessing the Services from jurisdictions where such access is unlawful is prohibited. All matters arising from or related to this Agreement and the use of the Services shall be governed by the substantive laws of Estonia, without regard to its conflicts of laws principles, except where the privacy laws of other jurisdictions govern our treatment of personal information as described in our Privacy Policy. You agree to submit to the personal jurisdiction of the courts located in Tallinn, Estonia. If you access the Services from locations outside Estonia, including the European Union, you are responsible for complying with all local laws of those locations, and you shall not use the Services or User Content in violation of Estonian, EU, or other regions export laws or regulations.

B. Arbitration

Any disputes arising out of or related to this Agreement or the Services shall be exclusively resolved by binding arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules of the Estonian Arbitration Institute and the further procedures set forth herein. The arbitration shall be conducted in Tallinn, Estonia, unless the arbitrator determines that another venue is more convenient for all parties. If the Estonian Arbitration Institute is unavailable or unwilling to administer the arbitration, the court shall appoint a substitute arbitrator. Each party shall bear its own costs and expenses associated with the arbitration unless otherwise determined by the arbitrator. PixelPalace OU reserves the right to commence legal action in any court of competent jurisdiction to obtain injunctive or other relief if deemed necessary or desirable. Users may file individual claims in small claims courts if such courts have jurisdiction over the matter. The Arbitration Act of Estonia, § 3.1., shall govern the arbitration proceedings.

C. Class Action Waiver

You agree to only pursue disputes on an individual basis and shall not participate in any class or representative action, collective or class-wide arbitration, or any action where another individual or entity acts in a representative capacity without the express consent of PixelPalace OU and all other parties involved.

Amendment

PixelPalace OU reserves the right to amend the Agreement at any time without prior notice. It is the responsibility of the Users to regularly review the Agreement for any changes. Continued use of the Services after amendments constitute acceptance of the Agreement as amended. Users who do not accept the amended Agreement must discontinue the use of the Services before the amendments take effect.

Miscellaneous

This Agreement constitutes the entire agreement between PixelPalace OU and the User regarding the provision of the Services, and supersedes all prior representations and understandings, whether written or oral. Any delay or omission by PixelPalace OU in exercising any rights under this Agreement will not impair such rights or be construed as a waiver. Waiver by PixelPalace OU of any covenant, condition, or term will not be construed as a waiver of any subsequent breach thereof. If any provision of this Agreement is found to be invalid or unenforceable, the Agreement will remain in full force and effect, reformed to reflect the intent of the parties to the maximum extent permitted by law.

You may not assign or transfer this Agreement or any rights or obligations hereunder to any third party. PixelPalace OU may freely assign this Agreement, including to any purchaser of PixelPalace OU and/or its business operations. You acknowledge that the electronic text of this Agreement constitutes a writing, and your acceptance of the terms and conditions constitutes a valid agreement.

You consent to receive communications electronically from us, and agree that we may communicate with you via email or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications provided by us electronically satisfy any legal requirement for written communication. We are not responsible for any email filtering that may affect the delivery of notices to the email address you provide.

The Services are operated by PixelPalace OU, registered in Estonia. For general inquiries, please contact our support team - [email protected]