Terms of Use

3Dme Pty Ltd

3Dme STORE TERMS OF USE

 

Please read these Terms of Use carefully before accessing or using this website (the "Site").

ACCEPTANCE OF TERMS

By accessing or using this Site in any way, you agree to and are bound by the terms and conditions set forth in this document and in any changes hereto that 3Dme Pty Ltd ("3Dme") may publish from time to time (collectively, the "Terms of Use").  If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

3Dme may change these Terms of Use and other guidelines and rules posted on the Site from time to time.  Your continued access or use of the Site constitutes your acceptance of such changes.  Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use.  Please regularly check the "Terms of Use" link on the home page of 3Dme.com.au to view the then-current terms.  

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

All images and other content on this Site (collectively the "Content"), as well as the selection and arrangement of the Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties (collectively, "Intellectual Property Laws").  Any unauthorized use of any Content may violate such laws and the Terms of Use. Except as expressly provided herein 3Dme does not grant any express or implied permission to use any Content.  You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any or the Content.  In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Content.

3Dme TRADEMARKS

For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by 3Dme. 

Nothing contained herein grants or shall be construed to grant you any rights to use any 3Dme Trademark, unless expressly conferred by these Terms of Use.

You agree that you will not use 3Dme Trademark in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or 3Dme. 

You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of 3Dme Trademarks or the Trademark rights claimed by 3Dme. 

You agree that you will not use any 3Dme Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.

You may not at any time, adopt or use, without 3Dme's prior written consent any word or mark which is similar to or likely to be confused with 3Dme's Trademarks.

The look and feel of the 3Dme website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of 3Dme and may not be copied, imitated or used, in whole or in part, without the prior written consent of 3Dme. 

All other trademarks, product names, and company names or logos used or appearing on the 3Dme website are the property of their respective owners.  Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by 3Dme, unless expressly so stated. 

You may not use a 3Dme trademark, logo, Image or other proprietary graphic of 3Dme to link to the 3Dme website without the prior written consent of 3Dme.

You may not frame or hotlink to the 3Dme website or any Image without the prior written consent of 3Dme. 

USE OF CONTENT

General

By this agreement 3Dme grants you a personal, non-exclusive, non-transferable, right to use, modify and reproduce the footage by incorporating it into derivative work such as a multimedia presentation, videogram, advertisement, live performance and/or internet website and displaying and/or distributing that derivative work to the public by any means now known or hereafter developed. The footage and any derivative work containing the footage may not, in whole or in part, be included in any other clip media/stock product, library, collection, or set of clips for distribution or resale. The footage in any derivative work incorporating the footage may not, in whole or in part, be used, sold, reproduced, sublicenced, distributed, displayed, incorporated into or otherwise made available as screen savers, templates, standalone backgrounds, stock elements, downloadable files or effects imagery elements. The work you produce with the footage must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. 

PRODUCT LICENSES

If you are unsure which category matches your purchase requirements, please contact us at 3DmeStore@3Dme.com.au  3Dme reserves the right to revoke a license at any time for any reason.

Standard License

This license is for an individual person, such as a teacher or educator; or a teaching institution, such as a school or university. You have a right to use, modify or reproduce stock images or stock footage by incorporating them into an advertisement, multimedia presentation, live performance and/or internet website and displaying and/or distributing that work to the public by any means. The work you produce from any content purchased from this site, the 3Dme Store, must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. Purchases downloaded cannot be used for re-sale or commercialisation in any form. For example, you cannot purchase content for printing and sale of books, mugs and t-shirts or digital re-sale in any form.

Enhanced License

This is a commercial license for businesses and teaching entities or institutions whose intention is to use 3Dme content purchased and downloaded from this site to create a saleable output which is of commercial value. This includes manipulating or reproducing images and/or footage by incorporating them into any form of output for which your organisation gains a commercial benefit. Unless your organisation enters into a subscription agreement or an exclusive agreement put forth by 3Dme and based on your intention of use, you may not download, distribute, display, reproduce and/or copy any content. Contact Us directly for pricing customised to match your intention of use. 

RESTRICTION AND TERMINATION OF USE

3Dme may block, restrict, disable, suspend or terminate your access to all or part of the Site and Content at any time in 3Dme's discretion, without prior notice or liability to you.

PRICING POLICY

Prices are clearly listed together with each product item. Standard Definition images and videos can be viewed prior to purchase and download. We reserve the right to change pricing at any time. If you have any questions about your subscription please contact us at Subscriptions@3Dme.com.au

REFUND POLICY

Educational Institutions

Annual subscriptions may be terminated any time throughout the year. Access to the subscription item will be terminated on the anniversary of the subscription. There will be no refund for the portion of the year remaining on the subscription.

Individuals

Monthly subscriptions may be cancelled at any time. Payment deductions will cease immediately upon notification of your cancellation. Any payments deducted after receiving your notification will be refunded in full.

Refund – Images and Videos

If an image or video has a functional flaw which prevents it from being used under normal circumstances you will be entitled to a full refund. There will be no refund if you change your mind.

Refund – eLearning Software

21 day satisfaction guarantee. If you are not completely satisfied with the eLearning software item notify us within 21 days you will be entitled to a full refund.

If you have any questions about your subscription you can contact us at Subscriptions@3dme.com.au

LINKS TO THIRD PARTY SITES

IN THE EVENT THAT 3Dme PROVIDES LINKS FROM ITS WEBSITE TO ANY THIRD-PARTY WEBSITE OR PERMITS ANY THIRD PARTY TO LINK FROM ITS WEBSITE TO THE 3Dme WEBSITE, YOU SHOULD BE AWARE THAT 3Dme MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ACCEPTS NO RESPONSIBILITY FOR ANY CONTENT OR PRACTICES OF SUCH THIRD PARTIES OR THEIR WEBSITES. SUCH WEBSITES ARE NOT UNDER THE CONTROL OF 3Dme, AND 3Dme PROVIDES AND/OR PERMITS THESE LINKS ONLY AS A CONVENIENCE TO YOU.  THE INCLUSION OF ANY LINK DOES NOT IMPLY AFFILIATION, ENDORSEMENT, OR ADOPTION BY 3Dme.

WARRANTIES AND DISCLAIMERS

THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY 3Dme UNDER THESE TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE FOREGOING, 3Dme MAKES NO WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED; (iii) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS; AND (iv) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.

PERSONAL INFORMATION AND PRIVACY

3Dme will use and protect your data, such as your name and address, in accordance with the 3Dme Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless 3Dme, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the 3Dme website, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the 3Dme Images, video or software, or your violation of any rights of another.

GOVERNING LAW AND JURISDICTION

This agreement is governed by and shall be construed in accordance with the laws of the State of Queensland. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the State of Queensland and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Use may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favour of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.

PRIVACY STATEMENT FOR

3Dme Pty Ltd

Last updated on 13/05/2014.

Please note that the practices of 3Dme Pty Ltd ("3Dme"), with respect to personal information, are now governed by this Privacy Policy as same may be amended from time to time.  We encourage visitors to and users of our site to regularly review our Privacy Policy.  

PRIVACY POLICY FOR 3Dme Pty Ltd

All "Personal Information" ("Personal Information" is defined as any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains) that we collect and maintain will be subject to this Privacy Policy, as amended from time to time.  3Dme reserves the right to amend the Privacy Policy from time to time at its sole discretion and will provide notice on the home page of the Site when we make material changes to this Privacy Policy.  

You will be deemed to have been made aware of, and will be subject to, any material changes to the Privacy Policy after such notice has been posted with the following exception: If at the time you provide Personal Information to 3Dme you are given the opportunity (as you currently are) to limit how such information will be used to communicate with you, either by 3Dme or by third parties, 3Dme will not change your preference in this regard without your express consent.  However, if 3Dme is acquired by or merged with another entity, 3Dme may provide to such entity customer information that is related to that part of our business that was sold to or merged with the other entity without your consent, but 3Dme will provide notice of such asset sales, acquisitions, or mergers on this Site.

ENTITIES COLLECTING PERSONAL INFORMATION

Personal Information on this Site is collected by 3Dme Pty Ltd, Unit 1, 36-38 Newheath Drive, Arundel, Gold Coast, Queensland 4212 and its telephone number is +61 7 5529 7266.

COLLECTION OF PERSONAL INFORMATION

As a visitor to the Site, you can engage in many activities without providing any Personal Information.

However, when you order products or services as a 3Dme customer or subscriber, we may collect the following Personal Information from you:-

  • Contact information such as your name, phone and fax numbers, address and email address.

INFORMATION SHARING WITH SERVICE PROVIDERS / AGENTS

3Dme uses one or more outside credit card processing companies to bill you for our goods and services.  To the best of our knowledge, these companies do not retain, share, store or use personally identifiable information for any other purpose.

We also share Personal Information with certain companies that perform services on our behalf.  We only share the Personal Information which is necessary for them to perform those services.  We require any company with which we may share Personal Information to protect that data in a manner consistent with this policy and to limit the use of such Personal Information to the performance of services for 3Dme.

We do not sell or otherwise provide Personal Information to other companies for the marketing of their own products or services.

HOW YOUR PERSONAL INFORMATION IS USED

We do not sell, rent or share your personally identifiable information to or with third parties in any way other than as disclosed in this Privacy Policy.  3Dme collects your information in order to record and support your participation in the activities you select.  3Dme may use this information to:-

  • Process your financial transactions.
  • Send your order/renewal confirmations.
  • Register your rights, if any, to technical support or other benefits that may be made available to registered users.
  • Respond to customer service requests, questions and concerns.
  • Administer your account.
  • Send you requested product or service information.
  • Keep you informed about special offers and services of 3Dme and selected third parties.
  • Investigate, prevent or take action regarding illegal activities and/or violations of our Terms of Service.
  • Meet our research and product/service development needs and to improve our Site, services and offerings; and

We further reserve the right to disclose your Personal Information as required by law (e.g., to comply with a subpoena, warrant, court order, or legal process served on 3Dme) and when we believe that disclosure is necessary to protect our rights, avoid litigation, protect your safety or the safety of others, investigate fraud, and/or respond to a government request. We may also disclose information about you if we determine that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.

DATA RETENTION

We will retain your information for as long as your account is active or as needed to provide you services.  If you wish to delete your account or request that we no longer use your information to provide you services contact us at admin@3dme.com.au.  We will respond to your request within 30 days. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this Web site, you can contact our Privacy Officer at privacy@3Dme.com.au  

 

3Dme Pty Ltd 

Asia Pacific Head Office 
PO Box 3580, Helensvale Town Centre 
Gold Coast Qld 4212