Terms of use

Effective date: 1 Dec 2022

1. GENERAL PROVISIONS

TGCATALOG OÜ (“Company”, “we”, “our”, “us”) welcomes you!

These Terms of Use (“Terms”, “Terms of Use”) govern your use of our web pages located at: www.greatcatalog.net, that are administered by the Company (“Service”).

Our Privacy & Cookies Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our Service. Please read it here: https://greatcatalog.net/en/privacy/.

Your agreement with us includes these Terms and our Privacy & Cookies Policy (“Agreement”). By using our web pages located at: www.greatcatalog.net, you acknowledge that you have read and understood Agreement, and agree to be bound of them.

If you access or use the Service on behalf of or in the favor of any entity or other entity with which you are affiliated, you agree to these Terms on your own behalf and on behalf of such entity, and you represent and warrant that you have the proper legal authority to bind such person to these Terms.

If you do not agree with (or cannot comply with) Agreement, then you may not use the Service, but please let us know about that by any means stated in Clause 28 of these Terms. These Terms apply to all visitors of our web pages located at: www.greatcatalog.net.

Thank you for your understanding and responsible attitude.

2. SERVICE

Service, named Greatcatalog, allows:

You as Customer (“You”, “Customer”) to perform search for 3D-models needed for you ("Models") and obtain/purchase license for their use;
You as an Author (“You”, “Author”) to upload/publish Models created by you, give your Models into use/license and receive reward for that

3. PURCHASES

If you wish to purchase any product or service available on our Service (“Purchase”), you may be asked to provide certain information related to your Purchase, including but not limited to: your credit card number, the expiration date of your credit card and your billing address.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) you use in connection with any Purchase; and that (ii) the information you provide to us is true, correct and complete.

We may use third-party services to facilitate payment and Purchase performing. By providing your information, you authorize us to provide the relevant information to such third parties in accordance with our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: availability of a product or service, errors in the description or price of a product or service, errors in your order, or for other reasons.

We reserve the right to refuse or cancel your order if there is a suspicion of fraudulent activity or an unauthorized or illegal transaction.

4. CONTESTS, SWEEPSTAKES AND PROMOTIONS

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) available on the Service may be governed by rules that differ from these Terms of Use. If you participate in any Promotions, please read the relevant rules, as well as our Privacy Policy. If the rules of the Promotion conflict with these Terms, the rules of the Promotion shall apply.

5. SUBSCRIPTION

A separate functionality of the Service is available under the terms of subscription (“Subscription”, “Subscriptions”).

Subscriptions are available on a monthly or annual basis.

Subscription grants users the rights provided for in the relevant Section of these Terms with the respective license conditions only on the Model marked “FREE”. Rights to any other Models are granted in accordance with the tariffs established for the specific category of Models.

Purchased Subscription (both monthly and annual) of the user entitles such user to the rights provided for in the relevant Section of these Terms for 5 (five) 3D-models marked “FREE” during each 1 (one) calendar day of the validity of such Subscription.

In case of absence of a purchased Subscription, the user receives the rights provided for in the relevant Section of these Terms with respective license conditions for 1 (one) 3D-model marked “FREE” during each 1 (one) calendar day.

Invoice(s) for Subscription will be billed in advance on a regular and periodic basis (“Subscription Term”). Subscription Term is set on a monthly or annual basis depending on the type of Subscription you choose when you purchase the Subscription.

At the end of each Subscription Term, your Subscription will automatically renew on the same terms unless you cancel it. You can cancel your Subscription renewal on your account management page or by contacting us via email or post.

A valid payment method is required to process payment for your Subscription. You will provide the Company with accurate and complete payment information, including but not limited to: full name, address (including zip code), contact telephone number and valid payment method information. By providing such payment information, you automatically authorize the Company to charge the fee and subsequent fees for the Subscription charged to your account using any payment instruments available on the Service.

If automatic invoicing fails for any reason, the Company will issue an electronic invoice indicating that you must manually make full payment for the Subscription specified in the invoice within a certain period of time.

6. TRIAL PERIOD

The Company may, at its sole discretion, offer a Subscription with a free trial period for a limited period of time (“Trial Period”).

You may need to enter your payment information to receive Subscription for a Trial Period.

If you enter your payment information to receive Subscription for a Trial Period, you will not be charged until the Trial Period expires. If you do not cancel your Subscription on the last day of the Trial Period, you will automatically be charged the Subscription fee for the plan you selected.

At any time and without notice, the Company reserves the right to (i) change the terms of the Subscription for a Trial Period or (ii) cancel such Subscription for a Trial Period.

7. FOR CUSTOMERS

General Provisions.

We provide you with services, as follows:

searching and viewing Models and information related to them;
registration and/or authorization in the Service;
assistance in obtaining access to Models, downloading such Models and obtaining licenses for the use of downloaded Models;
use of other functionality of the Service.

You may be asked to complete an identification process that is necessary for you to make or receive any payments from you. We may also ask you to verify your account information for security purposes. You also agree to update all information about you contained in your Account.

You are solely responsible for any activity on your Account. If you provide access to the Account to other people (in the case when you represent a legal entity or other business structure), then you are responsible for any activity.

Neither the Company nor any person associated with the Company guarantees the full security, reliability, quality, accuracy, continuity or availability of the Service, nor is it responsible for the Service meeting your expectations.

We reserve the right at any time and without notice to improve, change, suspend or permanently discontinue all or any part of the functionality of the Service, as well as to limit or prohibit access to them.

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

Fees and Payment Procedures.

The fees for the Subscription(s) and the fees for the various Models can be found on the relevant web page of the Service.

The fees include the cost of using the Service and the remuneration paid to the Author(s) for uploading and obtaining the rights to use his/her Model(s) in accordance with the conditions provided for in the relevant Section of these Terms with respective license conditions.

Payment of the fees for using the Service and access to the Model(s) is made in the form of 100% prepayment.

All payments under these Terms are made through available payment service providers ("Payment Service Providers") of the Service.

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

Rates include all taxes and fees (such as value added tax and sales tax).

License Conditions.

When you download the Model (free of charge as expressly provided in these Terms or upon successful payment), you are granted a non-exclusive, perpetual, worldwide, non-transferable, non-sublicensable license (“License”) that entitles you to:

production of one or more copies of the Model, as well as its recording and storage on an electronic device (right of reproduction);
demonstration of the Model in public (the right to public display);
modification or reworking of the Model covered by these Terms (right to modification);
using the downloaded Model to create Derivative Works in accordance with these Terms.

A "Derivative work" is a work that is a creative adaptation of another existing work without harming its protection. For example, a Derivative Work may be created using the Model(s).

License Restrictions.

When you use the downloaded Model(s), you must comply with the following restrictions:

modification of the Model does not turn it into a separate Derivative Work. Thus, the modified copy of the Model is still the Model provided to you under the conditions of the license by the Author.
compilation of several Models into one 3D-model is not considered a Derivative Work. Such combined 3D-models are considered a modified copy of the Model or several Models.
You may not sell, give away, or otherwise transfer the Model to another person or entity in the form in which the Model is downloaded from the Service, or in any other form that is not considered a Derivative Work, including but not limited to: reworked Model.
You must take all reasonable and customary measures to prevent access by third parties to the Models you download on a stand-alone basis that are part of any Derivative Work.
You must use formats that make it impossible to use or import the Model into a publicly available software or system, or to extract the Model from such software or system without reverse engineering.
Models must not be included in Derivative Works that have common functionality for importing and/or exporting Models. For example, Models should not be included as part of the initial library in a Derivative Work that allows users to work with 3D-models even if the Models are protected in some way and cannot be exported.
Models must not be published, distributed or made available through any online information sharing infrastructure in the form in which the Models are downloaded from the Service or in any other form that is not considered a Derivative Work, including but not limited to: a redesigned Model.
Models must not be used for any purpose that is defamatory, harassing, pornographic, obscene or racist, or that violates the intellectual property rights of any person.
Models cannot be used to create trademarks (marks for goods and services) or business logos.
You must not mislead others by pretending to be the creator of the Model when you are not.

The License (License Conditions and License Restrictions) is valid during the term of these Terms. Termination of these Terms results in revocation of this License.

If your License is revoked, you must immediately stop using and delete all downloaded Models and all copies you have made of them.

Violation of these Terms will immediately terminate your rights and the License granted under these Terms. You are responsible to the Authors of the Models for any violation of the terms and conditions of this License.

8. FOR AUTHORS

Registration.

You get access to the functionality of the Service after registration.

PRO status.

You can get PRO status. PRO Users get the benefits, as follows:

higher sales revenue in compare to regular Users;
bonus for uploading/publishing Model(s) to the Service;
personal support.

Moderation.

After uploading/publishing the Model to the Service, moderator determines its level of complexity and estimates the price per Model. The User may challenge the decision of the moderator, but final decision on placement, revision and price is made by the Company.

Assessment.

The moderator assesses the Model level of complexity according to the categories, as follows: 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.

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

Fees and Payment Procedures.

The fees for the Subscription(s) and the fees for the various Models can be found on the relevant web page of the Service.

The fees include the cost of using the Service and the reward paid to the Author(s) for uploading and obtaining the rights to use his/her Model(s) in accordance with the conditions provided for in the relevant Section of these Terms with respective license conditions.

The reward paid to the Author(s) for uploading and obtaining rights to use his/her Model(s) is:

60% - for Authors who have uploaded up to 20 models (inclusive);
65% - for Authors who have uploaded more than 20 models;
70% - for Authors who have uploaded more than 50 models;

The reward is accumulated on your Account. You have the right to withdraw the accumulated reward after accumulating an amount on your Account that exceeds 20 euros.

Payment of the reward is carried out within ten (10) working days from the date of submission of the application for the withdrawal of the reward amount.

All bank commissions related to the transfer/withdrawal of funds and the payment of taxes (fees, other mandatory payments), which may be applied in the country of your tax residency, are covered at your expense.

License Conditions.

By uploading a Model to the Service, you grant us a non-exclusive, worldwide, perpetual, fully paid-up, royalty-free license to publicly display, publicly perform, distribute, index, and modify the Model for the purposes of operating the Service; presentation, distribution, marketing, advertising and licensing of Models to Customers; development of new opportunities and services; archiving and protection of Models, and Company will pay you a fee as described in the “Fees and Payment Procedures” of Section 9 “For Authors” of these Terms above.

We may use the Model for the purposes of marketing and promoting your Model, the Service, our business and our other products/services. In such event, You grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, publicly display, distribute, modify, reproduce and publicly perform the Model, and Company will pay you a fee as described in the “Fees and Payment Procedures” of Section 9 “For Authors” of these Terms above.

You also grant us the right (but not the obligation) to use your name, trademarks (goods and service marks) and trade name in our advertising and marketing activities and our License to your Model in accordance with these Terms.

By uploading a Model to the Service, you grant us a non-exclusive, worldwide and perpetual license to further sublicense our right to use, reproduce, publicly display, distribute, modify and publicly perform the Model in any device or in any performance. We may sublicense the Model based on a written or electronic agreement between us and the Customer, and the Company will pay you a fee as described in the “Fees and Payment Procedures” of Section 9 “For Authors” of these Terms above.

Licensing Conditions and Licensing Restrictions for Customers are set out in Section 8 "For Customers" of these Terms.

We may allow Customers (other users) and certain third parties (such as marketers or service providers) to post or share the Model on social media websites or other people's websites, subject to any restrictions set forth in the agreement between us and the Customer.

We may offer an Application Programming Interface ("API") that enables our partners to showcase your work and help sell it.

These Terms do not transfer any legal title or ownership interest in the Model to us. Except for the licenses granted by you under these Terms, we do not claim any ownership rights in the Model.

Both we and users using your Model are not obliged to identify/mark you as the author of the Model.

Intellectual property rights to the Model.

By uploading a Model to the Service, you guarantee that:

The Model is your original work and does not contain any copyrighted material of which you are not the exclusive owner.
You agree to and will be bound by the Terms.
The Model does not contain material for the use of which additional licensing and/or any other permissions/restrictions are required, such as requiring the publication of source code or restricting the commercial use of the Model or its parts.
The Model and its upload to the Service do not violate copyrights, patents, trademarks (marks for goods and services), commercial secrets or any other rights and interests of third parties.
The Model and its upload to the Service do not violate laws, by-laws, statutes, regulations or resolutions, etc.
The Model does not contain discrediting, defamatory, pornographic, immoral, obscene elements, as well as elements promoting racial or any other intolerance.
The Model does not contain viruses or other programs that harm computer systems or data.

We reserve the right, at our sole discretion, to monitor, edit, ban or remove any Model at any time without notice and for any reason. This right can in no way be interpreted as our obligation to control the accuracy and quality of the Models.

We may assign the Model to certain categories in order to maximize the quality of their sale to Customers. By agreeing to the Terms, you grant us the right to categorize the Model at our discretion.

9. CHANGE OF FEES

The Company may change the fees at its own discretion and at any time.

Any changes to the fee conditions will take effect: (i) for Subscriptions – at the end of the Subscription Period, depending on the selected type; (ii) with respect to any other fees – Immediately after publishing the revised fees on the relevant web page(s) of the Service.

We will endeavor to notify you in advance of any such changes to give you the opportunity to cancel your Subscription before such changes become effective.

Your continued use of the Service after the fees changes become effective constitutes your acceptance of such fees and your agreement to pay at such changed fees.

10. REFUND

Except as expressly provided by Applicable Law, amounts paid are non-refundable.

11. CONTENT

Our Service allows you to post, store, share and otherwise make available certain information, text, graphics, video or other materials (“Content”). You are responsible for the Content you post on or through the Service, including its legality, reliability and appropriateness.

By posting Content on or using the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the appropriate rights and licenses provided in these Terms, and that (ii) posting of your Content on or using the Service does not violate the privacy, publicity, copyright, contractual or any other rights of any person. We reserve the right to terminate the Account of anyone found to be infringing copyright.

You retain any rights you may have in any Content you submit, post or display on or using the Service, and you are responsible for protecting those rights. We do not bear and do not assume any responsibility for the Content that you or any third parties post on or using the Service. However, by posting Content using the Service, you grant us the appropriate right and license to use, modify, publicly perform, publicly display, reproduce and distribute such Content on and using the Service. You agree that such license includes our right to make your Content available to other users of the Service, who may also use your Content in accordance with these Terms.

We have the right, but not the obligation, to monitor and edit all Content provided by users.

12. PROHIBITED USE

You may use our Service only in accordance to the law, for a lawful purpose and in accordance with the Terms. You agree NOT to use the Service:

in any way that violates any applicable national or international law or regulation;
for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;
for marketing purpose, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;
to impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity;
in any way that infringes upon the rights of others, or in any way is illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
to engage in any other conduct that restricts use of Service, or in the way or for the purpose that may harm the Company or users of Service.

Additionally, you agree NOT TO:

reverse engineer, attempt to derive the source code or underlying structure, ideas, know-how or algorithms of the Service, any software, derivative documentation or information (“Software”);
use the Service, Software, or their parts to create a product that competes with the Service;
use the Service to provide services (performance of work) to third parties;
use Service in any manner that could overburden, damage, or terminate functioning of Service;
use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any Content;
use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent;
use any device, or software that interferes with the proper Service functioning;
introduce any viruses, trojan horses, worms, logic bombs, or other means that are technologically harmful;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service;
take any action that may damage or falsify Company’s reputation;
otherwise attempt to interfere the proper functioning of Service.

13. ANALYTICS

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en/.

We also encourage you to review the following data: https://support.google.com/analytics/answer/6004245/.

14. CHILDREN’S PRIVACY

Service is intended only for access and use by individuals at least eighteen (18) years old. By using the Service, you warrant and represent that you are at least eighteen (18) years of age and that you possess full civil legal personality rights to enter into the Agreements. If you are not at least eighteen (18) years old, you are prohibited from usage of Service.

15. ACCOUNTS

When you create an Account with us, you guarantee that you are above the age of eighteen (18), and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account on Service.

You are responsible for maintaining the confidentiality of your Account and password, including but not limited to: the restriction of access to your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse Service, terminate Accounts, remove or edit Content, or cancel orders in our sole discretion.

16. INTELLECTUAL PROPERTY

The Service and its original Content, tools and functionality are the intellectual property of the Company and its licensors and are protected by both Applicable Law and international law. Our trademarks and other intellectual property objects may not be used by you without the prior written consent of the Company.

17. COPYRIGHT POLICY

We respect the intellectual property rights of others. It is our policy to attempt to respond to any claim that Content posted on Service infringes on 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 object of intellectual property has been copied in a way that constitutes copyright infringement, please submit your claim via email to our e-mail address with the subject line: “Copyright Infringement”. The claim has to include a detailed description of the alleged Infringement otherwise will not be liable to any reaction from our side.

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

18. ERROR REPORTING AND FEEDBACK

You may provide us either directly at our email address with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

19. LINKS TO OTHER WEB SITES

Our Service may contain links to third party web sites that are not controlled by us.

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

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE CAUSED BY USE OF THIRD PARTY CONTENT AND WEB SITES.

WE STRONGLY ADVISE YOU TO READ THE POLICIES AND TERMS OF THIRD PARTY WEB SITES THAT YOU USE.

20. DISCLAIMER OF WARRANTY

The Services is provided by the Company on an “as is” and “as available basis”. You expressly agree that your use of the Sevice and the Content obtained from us is at your sole risk.

Neither the Company, nor any person associated with the Company makes any warranty with respect to the complete security, reliability, quality, accuracy, continuity and availability of the Service, and does not bear responsibility for the Service not meeting your expectations.

21. LIMITATION OF LIABILITY

COMPANY DISCLAIMS LIABILITY FOR ANY LOST PROFITS OR INCOME, LOST BUSINESS, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE SERVICE. COMPANY ALSO DISCLAIMS LIABILITY FOR MEETING OF YOUR NEEDS OR EXPECTATIONS BY OR SERVICE.

22. TERMINATION

We may terminate or restrict your access to Service immediately, mostly in connection to breach of Agreement.

In the event of any breach of the Agreement or the provisions of Applicable Law, we will notify you via the means of the functionality of the Service or by sending an email requesting the immediate elimination of any such breach. In the event that the violation is not remedied at our request within a reasonable time, we reserve the right to immediately terminate or restrict your access to the Service.

At the same time, we also reserve the right to terminate or restrict your access to the Service at any time by notifying the reason for termination or restriction of access to the Service using its functionality.

If you wish to terminate your Account, you may simply discontinue using Service.

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

23. APPLICABLE LAW

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

If any of the provisions of the Terms will be settled illegal, other provisions of the Terms remain valid.

24. CHANGES TO SERVICE

We reserve the right to withdraw or amend our Service, or Content we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, in our sole discretion for any reason.

We will attempt to notify you about any changes in the Service, as well as we will attempt to notify you in advance about the time of technical/scheduled works, during which the functionality of the Service may be limited and/or unavailable.

25. AMENDMENTS TO TERMS

We may amend Terms at any time by posting the amended Terms on appropriate page of the Service web site. By means of functionality of Service or via e-mailing to your e-mail address we will notify you that the Terms have been amended and will propose to review such amended Terms.

Your continued use of the Service following the posting of amended Terms and notification stated above about means that you accept and agree to the amended Terms.

26. SEVERABILITY

In case if any provision of these Terms is considered by any court or competent authority as invalid, illegal or such, which has no legal power, it is considered that such provision is not a part of these Terms and this fact does not effect the effectualness of the other provisions of these Terms.

27. ACKNOWLEDGEMENT

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

28. CONTACT

Please send your feedback, comments:

By email: [email protected].