Terms of use

Effective date: 17 Nov 2020

TGCATALOG OÜ, registry code 14920980, registered at Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 5, 10117 (“We”, “Us”) that operates the service, named Greatcatalog and the platform located at https://greatcatalog.net (collectively “Service”)  that allows:

  • You as Customer (“You”, “Customer”) to search for 3D-models ("Models") and obtain licenses for their use;

  • You as an Author (“You”, “Author”) licensing your 3D-models(“Models”) to Customer via the Service. 

Please read the Terms of Use ("Terms") carefully before using the website https://greatcatalog.net.

Your access to Service and its use depends on the acceptance and observance of Terms specified on the site. Terms apply to all visitors, users and others who wish to access or use Service.

By accessing or using the Service, You agree to be bound by these Terms and confirm that You (as a natural person) are at least 18 years of age, or the age of legal majority in your jurisdiction (if different from 18).

If You are accessing or using the Service on behalf of, or for the benefit of, any legal person or other business entity with which You are associated then You are agreeing to these Terms on behalf of yourself and such entity, and You represent and warrant that You have the legal authority to bind such entity to these Terms. 

For Customer

Services

We provide the following Service to You:

  • browsing, searching and viewing of the Models and information related to them;
  • registration and/or log in to the Service;
  • facilitation in granting access to the Models, downloading these Models, and obtaining licenses to use the downloaded Models;
  • other use of the Service functionalities.

You may be asked to complete an identification procedure which is necessary for conducting or receiving any payments by You. We may also request to make certain confirmations with respect to your Account for security purposes. You undertake to keep up to date all information about You in your Account.

You are solely responsible for any activity on your Account. If You are sharing an Account with other people (in the case when You are representing a legal person or other business entity), then You will ultimately be responsible for all activity. 

From time to time We may also make available to Authors and other users certain additional services. We do not guarantee that Services or any Models or any other content will always be available or be uninterrupted.

We reserve the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of any Services or content on it, and to restrict or prohibit access to it.

You undertake to comply with all applicable laws and regulations in connection with your use of the Services.

Pricing and payments

You can find prices for various Models on the website.

The price includes the cost of our Services to You and the license fee that is to be paid to the Authors for downloading and obtaining the right to use their Model in accordance with the terms of the License.

You pay for the Services and the access to the Model by an advanced payment in the amount of 100% of the respective price.

All payments under these Terms are made via platforms that provide payment solutions (“Payment Agents”) using its payment interface available on the website, i.e. when a Customer makes a payment for the access to the use of a Model (to download the Model), the amount of such payment is accepted by the Payment Agent.

All payments under these Terms are deemed effective after they have been debited from the Customer's account.

The final prices and fees are inclusive of transactional taxes where relevant (like VAT and GST).

License

When You download a Model for free or following a successful payment of an applicable license fee, You are granted a non-exclusive, personal, non-transferable, worldwide and revocable license (“License”) and the rights to:

  • make one or more copies of the Model and to record and store it on the electronic media (right to reproduce);
  • display the Model in public (right for the public display);
  • modify or alter the Model subject to these Terms (right for modification);
  • use the downloaded Model to create Derivative works pursuant to these Terms.

“Derivative work” is a new, original product that includes aspects of a preexisting, already copyrighted work. For example, Derivative work can be created with the use of the Models.

License restrictions

When You use downloaded Models You must adhere to the following restrictions:

  • Modification of a Model doesn’t turn it into a separate Derivative work. Therefore, a modified copy of a Model still remains a Model that is licensed to You by the Author.
  • Compilation of several Models into one 3D model shall not be considered a Derivative work Such composite 3D models shall be deemed a modified copy of the Model or several Models.
  • You cannot sell, give, or assign it to another person or entity in the form it is downloaded from the Service, or in any other form that does not constitute a Derivative work, including, but not limited to, the modified Model.
  • You  shall take all reasonable and industry standard measures to prevent third parties from gaining access to its downloaded Models that are incorporated into any digital Derivative work.
  • You shall use proprietary formats so that the Models cannot be opened or imported in a publicly available software application or framework, or extracted without reverse engineering.
  • The Models shall not be incorporated in Derivative works that have the general functionality for importing and/or exporting the Models. For example, the Models shall not be included as a starter library within a Derivative work that allows its users to generally work with 3D models, even if the Models are protected in one way or another and cannot be exported.
  • The Models shall not be published, distributed, or made available through any online clearinghouse infrastructure in the form they are downloaded from the Service, or in any other form that does not constitute a Derivative work, including, but not limited to, the modified Model.
  • The Models shall not be used for any defamatory, harassing, pornographic, obscene, or racist purpose, or to infringe any party’s intellectual property rights.
  • The Models shall not be used for creation of a trademark, service mark, or business logo.
  • You shall not misrepresent Yourself as the creator of the Model.

This License is effective during the term of these Terms. The termination of these Terms results in revocation of this License.

If Your License is revoked, you shall immediately cease the use of and delete all the downloaded Models and all their copies that you have made.

A breach of these Terms  immediately terminates your right and License to use the Models. You are liable to the Authors of the Models for any breach of the terms and conditions of this License.

Refund Policy

We don't  provide a refund for any purchases made on the website.

Read the General Terms for Customers and Authors below on the page.

For Authors

How does the Service work for Authors

Registration. You can access Service by creating an account. 

You may be asked to complete an identification procedure which is necessary for conducting or receiving any payments by You. We may also request to make certain confirmations with respect to your Account for security purposes. You undertake to keep up to date all information about You in your Account.

Pro status. Users can get Pro status. Pro Users receive the following benefits: 

  • higher sales revenue in compare to regular users;
  • bonus for Models submission;
  • personal support.

Moderation. After uploading the Model to Service, moderator determines its level of complexity and estimates the price per model. The user can challenge the decision of moderator, but final decision on placement, revision and price is made by Company. 

Estimation. The moderator estimates Model by the level of complexity — simple, complex, composited model. When assessing the level of complexity, such criteria as the number of landfills, complexity and detailing, artifacts presence and others are taken into account. 

Refusal. The moderator may refuse to publish the Model on Service without providing explanations.

Responsibility. You are solely responsible for any activity on your Account. If You are sharing an Account with other people (in the case when You are representing a legal person or other business entity), then You will ultimately be responsible for all activity.

From time to time We may also make available to Authors and other users certain additional services. We do not guarantee that Services or any Models or any other content will always be available or be uninterrupted.

We reserve the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of any Services or content on it, and to restrict or prohibit access to it.

You undertake to comply with all applicable laws and regulations in connection with your use of the Services.

Pricing and payments

We shall take a percentage of the Model prices as payment for our services. 

The commission is:

  • Author: 60%
  • Author with Pro account: 70%

We may change the commission from time to time.

You may withdraw your funds after once you have accumulated more than 20 euros. 

Payment processing may take approximately 10 days

You are responsible for any bank fees or other charges related to such withdrawals.

License

By using our Services, You grant Us for any Model and any other content uploaded by You to the website or otherwise submitted to Us the following non-exclusive rights, during the Term and throughout the territory of entire world:

  • to reproduce and sell your Models, their copies;
  • to copy and otherwise, to the extent necessary for these Terms, exploit and alter your Models by all means and media (whether now known or existing in the future);
  • to create and use samples of your Models for the purpose of advertising, demonstrating or promoting;
  • to publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes, communicate to the public, and otherwise make available your Models through the website, to identify the availability of your Models for license, sale or distribution and to promote your Models;
  • collect and distribute income deriving from sale and/or reproduction and/or distribution of your Models; and
  • to use your name(s), photographs and likenesses, Model’s images and other information provided by You in connection with the Models.

You also grant Us the right to grant other users a nonexclusive, non-sublicensable, and nontransferable, personal, worldwide right during the Customer’s Term to access and use your Models for the purposes and under the conditions detailed herein:

Purpose:

  • commercial usage in both the digital and retail formats;
  • marketing, promotions, advertising in both the digital and retail formats;
  • personal, educational or any other noncommercial uses in both the digital and retail formats;

Granted rights:

  • make one or more copies of the Model and to record and store it on the electronic media;
  • display the Model in public;
  • modify or alter the Model subject to these Terms;
  • use the downloaded Model to create Derivative works pursuant to these Terms.

Each such license is subject to payment of a license fee (royalty) indicated by You as a price of the Model by the other users, and We are entitled to a commission thereon in accordance with these Terms.

The above does not constitute a transfer of ownership to any of the Models and content You have provided or uploaded to the website. Any and all rights not specifically granted and set forth above, are specifically reserved by You.

Models

By uploading a Model to the website, You represent and warrant that:

  • the Model is your original work, and contains no copyrighted material of any kind that You are not the exclusive owner of;
  • You have full right and power to enter into and perform these Terms;
  • the Model does not contain any material that, as a condition of use, requires additional license restrictions such as requiring the publication of source code or that limits commercial exploitation of Model or its parts;
  • the Model itself and its upload to the website does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights;
  • the Model does not violate any law, statute, ordinance or regulation;
  • the Model is not defamatory, libelous, pornographic, obscene or evocative of racial hatred of any kind;
  • the Model does not contain any viruses or other programming routines that detrimentally interfere with computer systems or data.

We reserve the right, in our sole and absolute discretion, to monitor, edit, prohibit, or remove any Model, at any time, without prior notice, for any reason. This right  shall in no context be interpreted as our obligation to monitor the accuracy and quality of the Models.

We may implement and maintain business practices of categorizing Models in various categories in order to maximize Customer satisfaction and sales. By accepting these Terms You grant Us the right to perform such Model categorization upon our own judgment.

General Terms for Customers and Authors

Your obligations

You shall not, directly or indirectly:

  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”);
  • modify, translate, or create derivative works based on the Services or any Software.
  • access all or any part of the Services or the Software in order to build a product or service which competes with the Services;
  • use the Services to provide services to third parties;
  • use the Services in a manner that is illegal or causes damage or injury to any person or property;
  • access, store, distribute or use during the course of its use of the Services any malware or any material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; promotes unlawful violence; is discriminatory based on race, gender, color, religious belief, sexual orientation, disability; or
  • attempt to obtain, or assist third parties in obtaining access to the Services.

Communications

We may ask to agree to e-mail communication for marketing and promotional purposes. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to take care of the Content posted on the Service and react to infringement of the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support team, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement. 

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

Intellectual Property

The Services and their original content (excluding content provided by users), features and functionality are and will remain the exclusive property of TGCATALOG OÜ and its licensors. 

The Services are protected by copyright, trademark, and other laws around the world. 

Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Links To Other Websites

Our Services may contain links to third party websites or services that are not owned or controlled by Us.

We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

We strongly advise You to read the terms and conditions and privacy policies of any third party websites or services that You visit.

Termination

We may terminate or suspend access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold us harmless and our licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, b) a breach of these Terms.

Limitation Of Liability

In no event shall TGCATALOG OÜ nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • your access to or use of or inability to access or use the Service;
  • any conduct or content of any third party on the Services;
  • any content obtained from the Service; 
  • unauthorized access, use or alteration of your transmissions or content,

whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

We, our subsidiaries, affiliates, and its licensors do not warrant that: 

  • the Service will function uninterrupted, secure or available at any particular time or location;
  • any errors or defects will be corrected;
  • the Service is free of viruses or other harmful components;
  • the results of using the Service will meet your requirements.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. 

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. 

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about Service or Terms, you may contact us at: info@greatcatalog.net