Terms of Acceptance
DEFINITIONS: For purposes of this Agreement, the following terms will have the following meanings:
1. “User” means the legal entity or person who orders or downloads the products and/or activates the Services.
2. “Documentation” means the standard end-user technical documentation, specifications, materials and other information that 3dmagicmodels supplies with the Services.
3. “Services” means the various services to which 3dmagicmodels provides users with access, including without limitation of free membership (Registered User access) or services and branded offering through its network of services that may be accessed through any various medium or device now known or hereafter developed.
4. “Product” means the proprietary 3dmagicmodels products (in object code format only), including without limitation of 3d models, images, illustrations, digital files delivered to User hereunder together with any update or upgrade thereto, when and if made available to you by 3dmagicmodels. Products do not include Third-Party Products.
5. “Third-Party Product” means the product of certain third parties that 3dmagicmodels may deliver with the existing product, including but not limited to exact images of certain third parties and independent developers.
LICENSE: Subject to the terms and conditions of this Agreement, 3dmagicmodels hereby grants User a limited, non-exclusive, non-transferable, non-sub licensable license to use the Services and products supplied to User hereunder, as copied / downloaded on User’s personal computer, including your laptop, desktop, or on computers within User’s organization.
All work is carried out by 3dmagicmodels.com on the understanding that the client has agreed to 3dmagicmodels.com’s terms and conditions. Copyright is retained by 3dmagicmodels.com on all design works including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If a choice of design is presented, only one solution is deemed to be given by 3dmagicmodels.com fulfilling the contract. All other designs remain the property of 3dmagicmodels.com, unless agreed in writing that this arrangement has been changed.
Any design, copywriting, drawing, idea or code and in any form and manner created for the customer by 3dmagicmodels.com, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of 3dmagicmodels.com and any of its relevant sub-contractors.
All design work – Where there is a risk that another party makes a claim, it should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. 3dmagicmodels.com shall & will not be held responsible for any and all damages resulting from such claims under any circumstances of whatsoever nature. 3dmagicmodels.com is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold 3dmagicmodels.com responsible for any such loss or damage. Any claim against 3dmagicmodels.com shall be limited only to the relevant fee(s) paid by the customer.
You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all trademarks, copyright and other laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, 3dmagicmodels.com does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
By using the Site or downloading materials from the Site, you agree to abide by the Terms mentioned in this Terms of acceptance. Upon 3dmagicmodels.com’s belief that your conduct fails to conform to these Terms, 3dmagicmodels.com, in its sole discretion and without notice, reserves the right to block your access to this Site, to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil action or criminal prosecution for any alleged or actual illegal activities involving this Site.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website.
All right, title, and interest in this Web site and any content contained herein is the exclusive property of 3dmagicmodels.com, except as otherwise stated. Unless otherwise specified, this Web site is for your personal use only. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in whole or in part any information, products or services obtained from this Web site without 3dmagicmodels.com prior written approval. You may download material from this Web site, provided you do not modify the original contents and keep intact all copyright and other proprietary notices.
You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from our company. Any misuse or distribution of our products / content will result in severe penalties; 3dmagicmodels.com will pursue legal action for any losses resulting from your misuse of our content. We do not grant exclusive rights for items downloaded from our member section.
All images used in our products and website are copyrighted by 3dmagicmodels.com and are subject to limited use. Website users do not have rights to reuse the images in their present forms anywhere else including other websites. Further website users do not have rights to resell / license /sub license / lease the images used in our products in their modified or present forms under any circumstances.
All copyright and other intellectual property rights subsisting in the Site and its contents, including without limitation all text, images, graphics and code contained in the Site, and in its look and feel (collectively, the “Contents”) are owned by 3dmagicmodels.com. Except where otherwise specified, you may view, copy and print the Contents only for your own use, provided that all copies and print-outs of the Contents bear the copyright and other proprietary notices and disclaimers displayed on them on the Site. 3dmagicmodels.com reserves the right, but has no obligation, to change the Contents at any time.
Other than as specified above, neither the Site nor any of its Contents may be modified or copied in whole or part in any form, including by framing, incorporation into other websites or other publication, or be used to create any derivative work. No links to the Site may be included in any other website without 3dmagicmodels.com’s prior written permission. None of the 3dmagicmodels.com or any of its group companies’ trademarks may be used without 3dmagicmodels.com’s prior written permission. 3dmagicmodels.com reserves all its rights in such trademarks.
Other than as specified above, nothing on the Site should be construed as granting any right or license. 3dmagicmodels.com does not guarantee that you have any right to use content available on the Site that is owned by any third party, and that third party’s permission will not be required before you use such content. None of the Contents may be changed, nor may any copyright or author attribution notice appearing on any of the Contents be altered or removed, without 3dmagicmodels.com’s prior permission.
Each membership account may permit you to download up to 10 products (including models, textures and materials) per day. Each membership account permits you to design 50 client projects. If you are using our products in more than 50 client projects, you will be required to purchase an additional membership account per 50 client projects. Products cannot be showcased or placed in an online catalogue available online or offline.
Access and Downloads
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to
(a) Immediately notify 3dmagicmodels.com of any unauthorized use of your password or account or any other breach of security, and
(b) Ensure that you exit from your account at the end of each session.
3dmagicmodels.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Your username and password is for your personal use only. If we discover that you share or distribute your username and password you understand that we will terminate your membership account with us immediately. Furthermore, your IP address and email address may be banned for a period of up to 5 years. You are also not permitted to use a spider, web crawler, or other similar automated tool to download the content from our site. You also understand that if you deliberately share your username and password to others, your name and URL will be publicly shown on our SHAMEFUL stolen users list.
You understand and acknowledge the fact that all the information in any means and which can include data, text, software, music, sound, photographs, graphics, video, messages or other material content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content has originated. This means that you, and not 3dmagicmodels.com, are entirely responsible for all the Content that you upload, post, email or otherwise transmit via the Service. 3dmagicmodels.com does not control the Content posted via the Service and, as such, cannot and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we or our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be, be liable in any way for any Content, including, but not limited to, any exposure to offensive, indecent or objectionable Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
WE DO NOT GUARANTEE THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DATA LOSS WILL NOT OCCUR. WHILE EVERY EFFORT IS MADE TO ENSURE THAT THE CONTENT OF THIS WEBSITE IS ACCURATE, THE WEBSITE IS PROVIDED “AS IS” AND THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS.3dmagicmodels.com MAKES NO REPRESENTATIONS OR WARRANTIES IN RELATION TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION FOUND ON IT. WHILE THE CONTENT OF THIS SITE IS PROVIDED IN GOOD FAITH, WE DO NOT WARRANT THAT THE INFORMATION WILL BE KEPT UP TO DATE, BE TRUE AND NOT MISLEADING, OR THAT THIS SITE WILL ALWAYS (OR EVER) BE AVAILABLE FOR USE. 3dmagicmodels.com DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. 3dmagicmodels.com RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE.3dmagicmodels.com MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. NOTHING ON THIS WEBSITE SHOULD BE TAKEN TO CONSTITUTE A FORMAL RECOMMENDATION AND WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE CONTENT AND USE OF THIS SITE.
THIS SITE AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES; THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Third Party Sites
3dmagicmodels.com may provide, on this Site, links to various other related Web Sites operated by other entities and registered with different Domains. If you decide to visit any linked Site, you do so at your own risk and it is your own responsibility to take all protective measures to guard against viruses or other destructive elements. 3dmagicmodels.com makes no warranty or representation regarding, and does not endorse, any linked Web Sites, does not guarantee the information appearing thereon or any of the products or services described thereon. Links do not imply that 3dmagicmodels.com or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked Site is authorized to use any trademark, trade name, logo or copyright symbol of 3dmagicmodels.com or any of its affiliates or subsidiaries. 3dmagicmodels.com cannot attest to the accuracy of information provided on any other linked site. Using any third party site does not constitute an endorsement by 3dmagicmodels.com or any of its employees of the sponsors of the site or the information or products presented on the site.
This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.
Information Collected during Your Use of the 3dmagicmodels.com s.com Service / Information Provided by You
3dmagicmodels.com does not collect personally identifiable information (PII) about you when you visit any third party site linked by 3dmagicmodels.com unless you choose to provide that information.
In order to register, users are required to submit their contact information (e.g., name and email address), unique identifiers (e.g., username & password for 3dmagicmodels.com), and demographic information (e.g., your pin code / zip code). Certain information, such as passwords and email addresses, is collected in order to verify your identity and for use in our records.
If you wish to purchase the membership of 3dmagicmodels.com you can easily make payments for all the services offered by 3dmagicmodels.com through a third party payment getaway like Papal, 2Checkout, CCAvenue by credit card. Once the payment is made, the selected services / subscriptions will be activated as soon as possible.
Notwithstanding the foregoing, we may provide you with access to some parts of the Service without you registering as a user. In that case, your identification is based on other means of identification that we deem appropriate. In appropriate cases, identification may be based on data identifying your IP address, mobile telephone or communications subscription number provided by your network operator. You agree that such information may be collected and disclosed to us and used in accordance with the Terms of acceptance.
Indemnity & the Limitations of Damages
You shall indemnify and hold harmless 3dmagicmodels.com, its officers, directors, shareholders, subsidiaries, and employees from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site violates any applicable law or regulation, or the rights of any third party.
IN NO EVENT SHALL 3dmagicmodels.com OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, OR EMPLOYEES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF 3dmagicmodels.com IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Refund and cancellation policy
Membership Refund/Cancellation Policy
1. 3dmagicmodels.com reserves the right to refuse / cancel the membership of any member with 3dmagicmodels.com.
2. If 3dmagicmodels.com refuses a new or renewing membership, registrants will be offered a refund.
Membership Cancellation by Participant
1. Membership/Product Purchase cancellations received within 7 days of registration may be eligible to receive a full refund less $35 service fee.
2. Trial Memberships/Product Purchase are NOT eligible for cancellations and refund.
3. Membership /Product Purchase Cancellations will be eligible for refund, if and only if, the participant has not downloaded a single resource from our website.
4. Cancellations received after the stated deadline will not be eligible for a refund.
5. Cancellations will be accepted via e-mail, and must be received by the stated cancellation deadline.
6. All benefits and incentives received by participant must be cancelled / returned to the 3dmagicmodels.com.
7. All refund requests must be made by the attendee or credit card holder.
8. Refund requests must include the name of the attendee and/or transaction number.
9. Refunds will be credited back to the original credit card used for payment.
These above policies apply to all 3dmagicmodels.com memberships/all Product unless otherwise noted in the corresponding program materials. Please read all individual program information thoroughly.
We actually sell online access to products like 3D Models, 3D Textures & 3D Materials. Physical delivery is not involved in the service. We have an online gallery, where customers can buy subscriptions, products.
Our delivery policy states that the access will be granted to the customers, after their payment is materialized. It may take 24-48 hours after the payment is seen in our account.
Website Content Changes
3dmagicmodels.com reserves the rights, at its sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time, without notice. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of those changes.
3dmagicmodels.com may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. 3dmagicmodels.com may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. 3dmagicmodels.com may terminate the authorization, rights and license given above and, upon such termination; you shall immediately destroy all Materials.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found to be invalid by any Indian court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
3dmagicmodels.com operates several paid services / Products. By subscribing to receive any of these services/ Products, as well as the above terms and conditions, you are also agreeing to the following terms:
1. You agree to pay any subscription/ Products fees at the rates in effect when the charges are incurred.
2. You must provide us with complete and accurate payment information. You can pay by either credit or debit card through your bank’s internet payment gateway. By submitting credit or debit card payment details to our partner payment gateways you warrant that you are entitled to purchase the subscription services using those payment details. In the case of unauthorized payments 3dmagicmodels.com reserves the right to suspend or terminate your access to the online services. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to any paid-for services/ Products.
3. 3dmagicmodels.com will try to process your subscription promptly but does not guarantee that the paid services will be available to you by any specified time. A contract with you for receipt of the paid services will come into effect when 3dmagicmodels.com sends you an email message confirming your subscription details.
4. 3dmagicmodels.com will charge you in US Dollars (USD), and any payment in any other currency will be calculated at the relevant rates of exchange. You will also be liable to pay any applicable local taxes. 3dmagicmodels.com will not entertain any dispute about the rate at which your currency is converted into US Dollar since these transactions are determined through the agreements CCAVENUES, PayPal, 2Checkout, our payment gateway partners, have with banks and credit card companies.
Choice of Law and Jurisdiction
Recognizing the global nature of the Internet, you agree to comply with all applicable laws, statutes, regulations, rules and codes regarding online conduct and acceptable Content and use of the relevant Channels.
These terms and conditions shall be governed by, and construed in accordance with laws of the Government of India. Users of 3dmagicmodels.com websites also explicitly agree that only the Civil & Criminal Courts in India shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of Indian Courts.
Our Commitments to You
Purpose of Collecting Users Information
3dmagicmodels.com uses personal information to help develop, deliver, and improve the products, services, content, and advertising.
From time to time, your personal information is used to send important notices, such as communications about purchases and changes to our terms, conditions, and policies, because this information is important to your interaction with 3dmagicmodels.com.
Information Sharing and Disclosure
3dmagicmodels.com will not sell or rent your personal information to anyone.
We may share personal information collected on the Website with our partners and third parties but only with your consent, which can be granted in the form of an opt-out at the points where personal information is collected.
We may disclose personal information when required by law or if in good faith we believe that such action is necessary in order to conform to the requirements of law or comply with legal process served on the Website.
Personal information is information such as your name, birth date, e-mail or mailing addresses that can be used to uniquely identify you.
You can access 3dmagicmodels.com Website and browse it without providing your personal information. However in order to participate in some of the activities available, or to benefit from services offered on the Website, a user must provide personal information (including, but not limited to, your name, address, telephone number, email address, and credit card number if you place an order with us).
When you purchase a product or service, 3dmagicmodels.com will, through our partner payment gateways, collect credit card information for invoicing purposes. This information is processed for 3dmagicmodels.com by a third party partner. That third party and 3dmagicmodels.com use security techniques, including encryption and secure servers, to protect against any unauthorized access to transmitted information used for invoicing purposes. Neither 3dmagicmodels.com, nor our third party partner stores, uses, or shares, credit card information for any other purpose.
Personal information collected on this Website is used primarily for the purpose it is requested. In particular, contact information such as name and e-mail addresses is used to provide users with the services they have chosen on this Website, such as, for example, the provision of newsletters.
We may use personal information collected to contact users in connection with their inappropriate use of this Website, non-compliance with any Terms and Conditions of Use, or in connection with a complaint filed by another user.
In some cases we may also collect information about you that you voluntarily submit and which is not personal, such as general statistical information like age, gender, zip / postal code, preferences and interests.
Use of the Personal Information
We may use your personal information to contact you. For example, we may send you marketing or promotional materials including emails or other information; we may respond to your comments or requests for information; or we may contact you, if needed, in the course of processing your order for products or services offered through our websites. We may also enhance or merge personal information with data obtained from third parties for the same purposes.
We also use personal information about you to improve our marketing and promotional efforts; to statistically analyze site usage; to improve our content and product offerings; and to customize our sites’ content, layout and services. We may also use your information to deliver information to you that, in some cases, is targeted to your interests, such as targeted banners, new services and promotions. We believe these uses allow us to improve our site and better tailor it to meet our visitors’ needs. 3dmagicmodels.com does not collect personal information automatically, but we may combine non-personal information collected automatically (e.g., through cookies) with your previously submitted personal information.
3dmagicmodels.com occasionally sends visitors emails describing new products, promotions or events. These services are optional and you may request to opt-out of these services completely, at any time. We will only store your personal information for a reasonable period of time.