General Terms of Sale and Purchase of Product for Personal User Only
- You may purchase products on this Site only for personal use and not for any form of resale or redistribution. You hereby agree that you are purchasing products for personal use only and not for resale or redistribution and you accept these general terms and conditions.
User Upload and Texture Submission
- Uther3D (U3D) respects the intellectual property rights of others.
- Recolored/modified textures from other people's texture work.
- Submission with Copyright protected or Trademarked images (i.e. Nike logo, Puma logo, NBA sports teams, cartoon characters, etc). To create derivative works (works that adapt the original work) from these images, you will need permission from the copyright/trademark holder. Images do not have to be registered with the copyright office to be covered under copyright law, however most companies will have registered their work as a matter of normal business practices. If the image is a well-known logo or character, chances are good that it is under protection and will be removed. Uther3D is not responsible for researching whether an image is protected under copyright or trademark. If you have proof of a free-use release of a well known image, please forward the document or link to Uther3D@gmail.com before you submit your texture to ensure that it is not removed. All stolen trademarked and copyrighted items will be removed from the catalog when found.
If the image contains the ©, ® , or TM symbol then you definitely cannot use it without permission. If you are in any doubt about whether an image is under copyright or trademark protection, please refer to these sites:
http://www.copyright.gov/
http://www.uspto.gov/trademarks/index.jsp
We remove:
Users who violate our rules will be be given a warning for their first offence. For the second offence a 1 month ban will be placed from selling or listing. For the third offence a 6 month ban will be placed from selling or listing. And for the fourth offence, the user will be permanently banned from listing or selling on our site. There will be no refunds of listing or upload fees for items removed due to copyright or trademark infringement.
Disclaimer of Warranties
- In no event will Uther3D, its officers, directors, employees or agents, be liable to you for any damages whatsoever, including, without limitation, indirect, incidental, special, punitive or consequential damages arising out of or in connection to your use of the Uther3D website or its services. Uther3D takes no responsibility for content and user submissions, the conduct of any Uther3D users whether online or offline, regardless of whether the damages are foreseeable or not and whether or not Uther3D has been advised of the possibility of such damages. Uther3D operates independent of Utherverse, as such Uther3D will not be liable for any loss of service, data, termination, interruptions or errors relating to the Utherverse site or its services, any consequences following interruptions or errors, downtime, or scheduled or unscheduled interruptions of the Utherverse environment. You agree that any and all User Submissions submitted by yourself or any other user expresses the views of the author and Uther3D will not be held responsible or liable for the content in such submissions or for any claims arising from those submissions.
You shall indemnify, defend and hold harmless Uther3D, its direct and indirect affiliates, and volunteers, from and against any and all losses, damages, claims, fines, penalties and expenses (including reasonable attorneys' fees) that arise out of or result in: (i) any actual or alleged infringement or misappropriation of any patent, copyright, trademark, trade name, or trade secret right, or other intellectual property right, private right, or any other proprietary or personal interest, by any service, in connection with Uther3D's performance under the General Rules; (ii) loss of income as a result of code sharing, Utherverse® service interruption, or any inability to render textures related to issues with Utherverse® software; (iii) inability to access the Service; or (iv) any breach or alleged breach of any representation, warranty, agreement, term or covenant as set forth in the General Rules.
Account Termination and Suspension
- Uther3D reserves the right to immediately terminate or suspend your Uther3D account and refuse to provide any access to the Site or Services in the event that you breach any of this Agreement without any reason or notice to you. Upon termination or restriction, all licenses and other rights granted to you by this Agreement will immediately cease.
Your Uther3D account will be deactivated in the event that the associated Utherverse account is cancelled. If the time of cancellation is longer than 6 months, Uther3D reserves the right to terminate and close your Uther3D account.
Additional to the rules above, you also agree to not harm the service in anyway.
Although the website presence is global, the proprietor is a citizen of the United States. By using the Service you agree that any and all legal actions against Uther3D must be initiated inside of the United States.
You agree that any issues or grievances you may have in regards to the Service or members of Uther3D, either current or in the future, will be decided upon by a tribunal of no less than two people where your facts will be heard, and the representative of Uther3D will decide the final judgement on behalf of the issue or grievance.
Uther3D reserves the right to change or amend the General Rules at any time without notice by posting updated versions of this agreement on this site. YOUR CONTINUED USE OF THIS SITE AND/OR PRODUCTS AFTER SUCH CHANGES HAVE BEEN POSTED ACKNOWLEDGES YOUR AGREEMENT TO THE MODIFICATIONS OR CHANGES, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK THIS AGREEMENT PERIODICALLY FOR UPDATES AND CHANGES.
You should also review the following document for addition terms:
U3D Licenses and Terms