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Terms and Conditions for “3D PLANET”

Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, “3D PLANET” accessible at 3dplanet.com.

These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

Minors or people below 18 years old are not allowed to use this Website.

Intellectual Property Rights

Other than the content you own, under these Terms, “3D PLANET” and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

Thanks

Special thanks to Jeeliz team for the face tracking library.

Restrictions

You are specifically restricted from all of the following:

  • publishing any Website material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and “3D PLANET” may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant “3D PLANET” a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. “3D PLANET” reserves the right to remove any of Your Content from this Website at any time without notice.

No warranties

This Website is provided “as is,” with all faults, and “3D PLANET” express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Limitation of liability

In no event shall “3D PLANET”, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. “3D PLANET”, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent “3D PLANET” from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

“3D PLANET” is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

“3D PLANET” is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between “3D PLANET” and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Country, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Country for the resolution of any disputes.

Owner

  • FOP OLKHOVSKYI ANDRII VALERIIOVYCH
  • Ukraine, Kharkiv, vul. Akhsarova, 4/6
  • +380507311911
  • [email protected]

PUBLIC OFFER AGREEMENT

1. GENERAL PROVISIONS

1.1. This document is a public offer of FOP OLKHOVSKYI ANDRII VALERIIOVYCH – a person having its registered office at Ukraine, Kharkiv, vul. Akhsarova, 4/6, providing marketing service hereinafter referred to as «Contractor», and contains all the essential terms of the provision of information and consulting services.

1.2. The Public Offer is an official document and published on the website of the Contractor at the address: https://3dplanetshop.com/terms/

1.3. In case of payment for services, legal entity or individual thereby confirming the adoption and acceptance of the following terms of the Public Offer and becomes the Customer. The Contractor and the Customer are the Parties of the Public Offer.

1.4. Public Offer does not require signing and stamped by the Customer and maintaining full force and effect.

1.5. In connection with aforementioned, Customer must attentively read the text of this Public Offer and in case of disagreement with the terms and conditions — refuse to conclude the Public Offer and using Contractor’s services.

2. SUBJECT OF THE AGREEMENT

2.1. In accordance with the terms of this Agreement, the Contractor shall provide the services specified in the invoice and the Customer undertakes to pay for these services in accordance with the invoice.

3. ACCEPTANCE AND CONTRACTING OF THE PUBLIC OFFER

3.1. Customer makes acceptance of the Public Offer by prepaid of the Contractor’s services in respect of which the Public Offer is concludes. Customer’s acceptance of this Public Offer means that he/she is fully agreed with all the provisions of this Public Offer.

3.2. By acceptance of the Public Offer in the order specified in paragraph. 3.1 of the Public Offer, the Customer warrants that he/she is familiar, agree, fully and unconditionally accept all the terms of the Public Offer in the form in which they are presented.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Contractor undertakes to:

4.1.1. Organize and ensure the proper provision of services.

4.1.2. Use all personal data and confidential information about the Customer only for provision of services, do not transfer and do not show information indicated in documentation and customer information to the third parties.

4.1.3. Give oral and written consultations on additional issues of the Customer. The amount and timing of counseling, and the form of consultation is determined in each case independently by the Contractor.

4.2. The Contractor is entitled to:

4.2.1. Unilaterally determine the value of the services provided and to change the terms of this Public Offer.

4.2.2. Independently determine the form and methods of services providing on the basis of legal requirements, technical capabilities, as well as the specific conditions of the agreement taking into account wishes of the Customer.

4.2.3. Use the services of any natural persons or legal entities, for the purpose of timely and quality fulfillment of obligations under the Agreement. Independently determine the composition of professionals providing services, and at its discretion to distribute the work between them.

4.2.4. To demand payment for rendered services or for services which are providing.

4.2.5. To refuse providing services for Customer in the case of non-payment (partial payment) for services in a timely manner, at untimely providing of the application for the provision of services.

4.2.6. To get from the Customer any information which is necessary to perform its obligations under the Agreement. In case of any incorrect or incomplete information which was provided by the Customer the Contractor is entitled to suspend performance of its obligations under the Agreement before providing the necessary information.

4.3. Contractor services can include (but are not limited to):

4.3.1. Selling masks

4.4. The Customer undertakes:

4.4.1. Timely and fully pay the cost of Contractor’s providing services in the order, in time and in the amount set forth herein.

4.4.2. To provide the Contractor with all the information and data which would be necessary to fulfill its obligations under Agreement.

4.4.3. Do not disclose confidential information and other data provided by the Contractor in connection with the execution of this Agreement.

4.5. The Customer has the right to demand from the Contractor to provide information about the organization and proper ensuring of the Services provision.

4.6. Customer authorizes Contractor use of all Customer logos, trademarks, web site images, etc., for use in creating informational pages and any other uses as deemed necessary by Contractor for search engine positioning and optimization.

4.7. If Customer’s site is lacking in textual content, Customer will provide additional text content in electronic format for the purpose of creating additional or richer web pages. Contractor can create site content at additional cost to the Customer. If the Customer is interested in purchasing content from Contractor, please contact Contractor for a cost estimate.

5. COST OF SERVICES AND PAYMENT PROCEDURE

5.1. The costs of services are determined by the Contractor in invoice in accordance to the rates on the Website 3dplanetshop.com.

5.2. Payment for Services under this Agreement shall be made on the basis of 100% prepayment and in the manner prescribed by this Agreement.

5.3. The Customer is solely responsible for the accuracy of payments. The moment of payment is considered after receipt of funds to the Contractor’s bank or merchant account.

5.4. Contractor reserves the right to change rates at their discretion.

5.5. Rates indicated for standard services. In case of provision of the additional Services, the value will be increased accordingly.

5.6. Fee for the Contractor’s services is not refundable and does not include the rates of the bank or/and merchant provider.

6. TERMS OF SERVICE

6.1. Term of services negotiated individually with the Customer and starts to run from the date of receipt by the Contractor of all the required amount of information from the Customer.

6.2. The Agreement ends upon expiration of its duration.

6.3. Customer will be required to make all payments due during the duration of the Agreement.

7. WARRANTIES

7.1. By entering into this Agreement, Customer hereby acknowledge and agree that it is expressly subject to all warranties, promises and guarantees given and made by Customer as are set forth in the Terms of Service.

8. DISCLAIMERS AND LIMITATIONS OF WARRANTIES

8.1. Customer must acknowledge the following with respect to services:

8.1.1. All fees are non-refundable.

8.1.2. All fees, services, documents, recommendations, and reports are confidential.

8.1.3. Contractor has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Customer’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.

8.1.4. Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, Contractor does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.

8.1.5. Google has been known to hinder the rankings of new websites (or pages) until they have proven their viability to exist for more than 6 months.

8.1.6. Occasionally, search engines will drop listings for no apparent or predictable reason. Should a listing be dropped during the SEO campaign and does not reappear within 30 days of campaign completion, Contractor will re-optimize the website/page based on the current policies of the search engine in question.

8.1.7. Some search directories offer expedited listing services for a fee. If the Customer wishes to engage in said expedited listing services (e.g., paid directories), the Customer is responsible for all paid for inclusion or expedited service fees.

8.1.8. Linking to “bad neighborhoods” or getting links from “link farms” can seriously damage all SEO efforts. Contractor does not assume liability for the Customer’s choice to link to or obtain a link from any particular website without prior consultation.

8.1.9. The Contractor is not responsible for changes made to the web site by other parties that adversely affect the search engine rankings of the Customer’s web site.

8.1.10. Customer guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Contractor for inclusion on the website above are owned by Customer, or that Customer has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Contractor and its subcontractors from any liability or suit arising from the use of such elements.

8.1.11. Contractor is not responsible for the Customer overwriting SEO work to the Customer’s site. (e.g., Customer/webmaster uploading over work already provided/optimized). The Customer will be charged an additional fee for re-constructing content, based on the hourly rate of 100 USD per hour.

8.1.12. Notwithstanding any other provision of this Agreement, Contractor obligation to provide free SEO services shall cease in the event the Customer’s conduct overwrites the SEO services provided. For example, if the Customer’s webmaster uploads content without consulting Contractor, then Contractor’s obligation to provide SEO services for free shall terminate.

9. SEVERABILITY

9.1. The Contractor and the Customer acknowledge that this Agreement is reasonable, valid and enforceable.

9.2. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be changed in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.

10. AMENDMENT

10.1. The Contractor reserves the right to modify, update, add, delete, revise and change this Agreement as well as the Terms of Service at any time. Such changes are effective, and Customer agrees to be bound by such changes, by “clicking” the Accept button on the semalt.com Website, or 30 days from the date the changes are posted to the Website, whichever occurs sooner.

11. DISPUTE RESOLUTION PROCEDURE

11.1. Customer’s claims for the Services provided by the Contractor are taking into consideration within 2 (working) days from the date when the dispute arose and through an email.

11.2. Contractor and the Customer taking into account the nature of the Service provided and undertake in the case of disputes and disagreements relating to the provision of Services to apply the pre-trial procedure for settling the dispute.

11.3. The Parties shall use all reasonable efforts to settle through negotiations any disputes arising out of this Agreement, in connection with it or its violation, termination or validity.

11.4. Matters arising from the interpretation and application of this Agreement and are not regulated by it are governed by the laws in force of the United Kingdom. The Parties shall use all reasonable efforts to settle through negotiations any disputes arising out of this Agreement, in connection with it or its violation, termination or validity.

12. CONFIDENTIALITY.

12.1. Parties agree that each shall maintain and not disclose any and all confidential or proprietary information that is received from the other as a result of or in connection with Agreement and/or Services provided in connection therewith.

12.2. Neither Customer nor Contractor will, without the other’s prior written consent, disclose to any third party any information concerning the other’s proprietary or confidential information and material, including but not limited to the business or method of working of the other party, which may be revealed as a result of or in connection with Agreement and/or Services, except as required by law, to the extent that such information may become public knowledge, may be acquired or generated by either party independently from something other than by a breach of this clause or to obtain legal or tax advice.

12.3. This clause shall survive termination of the Agreement.

13. GOVERNING LAW

13.1. This Agreement will be construed in accordance with and governed by the laws of Ukraine.

13.2. For all matters not covered in this Agreement, Parties shall be governed by the laws of of Estonia.

14. GENERAL PROVISIONS

14.1. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa.

14.2. No failure or delay by either party to this Agreement in exercising any power, right or privilege provided in this Agreement will operate as a waiver, nor will any single or partial exercise of such rights, powers or privileges preclude any further exercise of them or the exercise of any other right, power or privilege provided in this Agreement.

14.3. This Agreement will inure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns, as the case may be, of the Contractor and the Customer.

14.4. This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.

14.5. This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or written. The parties to this Agreement stipulate that neither of them has made any representations with respect to the subject matter of this Agreement except such representations as are specifically set forth in this Agreement.

14.6. The time of conclusion of this Agreement shall be the moment of payment enrollment to the Contractor’s account.

14.7. The Customer enters into this Public Offer voluntarily, while the Customer:

  • fully acquainted with the conditions of the Public Offer;
  • fully understands the subject and conditions of the Public Offer;
  • fully understands the meaning and consequences of their actions in relation to the conclusion and execution of the Public Offer.

14.8. The Customer has all the rights and powers required for the conclusion and execution of the Public Offer.

14.9. The Customer may at any time unilaterally refuse the Contractor’s Services. In the case of unilateral Customer’s refusal from the Contractor’s Services the payment is not refundable.

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