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Terms and conditions - Evermotion

Evermotion Regulations

Art. I. General provisions

These Regulations define terms and conditions of provisions of electronic sales by Evermotion of Evermotion Products and was made available to Consumers in the electronic form before the conclusion of the Transaction, through the Evermotion Portal.

§1 Definitions:

1. Evermotion – Evermotion Adam Kozłowski Krzysztof Kundzicz Paweł Gajlewicz spółka cywilna (civil partnership), with the registered office in Białystok (Poland) at 8 Przędzalniana Street, NIP 542-29-10-299

2. Consumer – a physical person concluding this the Transactions for purposes solely other than related directly to his/her business or professional activity

3. Entrepreneur - a physical person, a legal person and organizational unit which is not a legal person, but is granted the legal capacity on the basis of a separate law – performing business activity on its own behalf

3a. Small Entrepreneur - a physical person performing business activity on its own behalf concluding the Transaction with Evermotion directly connected with his or her economic activity, but not of professional nature, especially determined on basis of executed business activity disclosed in information entered into the Central Registration and Information on Business [Polish: Centralna Ewidencja I Informacja o Działalności Gospodarczej]

4. Transaction – procedure of entering into the Licence for Evermotion Products between Evermotion and the User,

5. User – is the Consumer or the Entrepreneur concluding Transaction,

6. Licence for Evermotion Products - licence, under which the User as a Licensee acquires from Evermotion as a Licensor the right to use the Evermotion Products for commercial and personal purposes, excluding the possibility of their further resell, giving, whether for remuneration or not sublicense, share or distribute. Licence is non-exclusive and granted for undefinite period of time,

7. Evermotion Products, Products – digital files which consist of:

a. Collection of 2D files – digital files in 2D format,

b. Collection of 3D files– digital files in 3D format,

c. Archmodels– collection of the files which make the editable 3D models destined for the use in 3D scenes, for example, trees, furniture, toys, household appliances,

d. Archinteriors – editable scenes from the interiors built from blocks of 3D models, for example the interior of the stores, lofts, apartments, production floor, kitchen lay-out,

e. Archexteriors– editable scenes of open space built from blocks of 3D models, for example a park, a street, buildings,

f. HD models– collection of 3D models of high resolution with much bigger density of construction grid and bigger number of details,

g. 3DPeople – collection of 3D models in form of human used in the scenes,

h. textures – files in form of photos which are used for editing and giving a certain external appearance to 3D model,

i. HDRI – files recorded in 2D format in a form of photos,

j. landscapes– the collection of photos used for creating the background in graphic designs,

k. Archmaterials - files of certain material enabling to give external apperance to the 3D block,

l. Tutorials - computer presentation in a form of video file or in a form of text combined with pictures and films, illustrating 2D and 3D files, enabling the “step by step” approach to learning of making a given activity,

m. renders – non-editable files from the scenes with models, appearing in a form of photos,

n. videos – video files presenting both 2D and 3D models,

8. Evermotion Store – a separate form of the Evermotion Portal part where the User can make a purchase of the Evermotion Products,

9. Evermotion Portal – internet website maintained by Evermotion in English, through which the Transactions are made and other services related to the Transactions are rendered, maintained by Evermotion in the domain evermotion.org,

10. Registered User – the User who has an account on the Evermotion portal,

11. Unregistered User – the User who does not have an account on the Evermotion portal,

12. Account – an account maintained for the User by Evermotion under unique name (login), which is a collection of resources where the User’s data and information about the User’s activities are stored and where the Products purchased by the User are made available,

13. Seller – Evermotion offering the Products for sale in the Evermotion store,

14. Registration – the procedure for opening the Account,

15. Reseller – entity reselling the Evermotion Products,

16. Virtual Cash (VC) – virtual funds granted to the Account within Evermotion Partner Program,

17. Evermotion Pass - a service that allows the Registered User to subscribe to selected Evermotion assets in recurring monthly or annual payments, specified in Evermotion Pass Regulations,

18. EPP, Evermotion Partner Program - an Evermotion loyalty program that allows purchasing the Products at lower prices, as well as non cash exchanges of VC for the selected Evermotion Products, specified in Evermotion Partner Program – Virtual Cash Regulations.

 

§2 Terms and conditions of participation on the Evermotion Portal.

1. The User can make a registration of the Account on the Evermotion Portal. The Account can also be registered through application using the user’s data from portal www.facebook.com.

2. The User can make registration in person or through a person who is authorized to undertake different activities related to the Registration on behalf of the User.

3. The User or the authorized person shall fill out the registration form for the purpose of the Account Registration, which is available on the Evermotion Portal in bookmark named “Registration”, by giving the login under which the User will identify himself and password and also the User shall give: name and surname, e-mail address, full name of the registered entity (this is, business name) and its registered office, address for correspondence, contact phone number and European VAT Number, if such number exists.

4. After filling out the registration form the message is sent to the e-mail address given in this form, confirming the Registration. At any time the User can edit the User’s data, or delete the opened Account. The Account can be deleted by the administrator of the service upon the request of the User sent through the contact form on website www.evermotion.org.

5. After successful registration of the Account, Evermotion creates the Account assigned to the User’s login.

6. The User who made the Registration of the Account can join the Evermotion Partner Program. The terms and conditions of participation in EPP are set out in Evermotion Partner Program Regulations

7. The User gets access to the Account by entering login and password.

8. The Account contains the data given during Registration. In case of later changes of the User’s data, the User shall enter the changed data immediately.

9. The Registered User can have no more than one Account.

10. The Registered User has one Account for all Transactions.

11. The User shall not use other Users’ Account, or make his/hers Account available for other people except for the authorised people.

12. The User shall keep the password to his/hers Account confidential.

13. Any use of the Account to the detriment of Evermotion and its partners or other Users is forbidden.

14. The Registered/Unregistered User can order a newsletter by e-mail. The Registered/Unregistered User can cancel it at any time.

15. If the User breaches the provisions of these Regulations, Evermotion can, in addition to all other rights and legal measures it is entitled to under these Regulations and under the prevailing legal rules, block the Account.

§3 Technical conditions for the use of Evermotion Portal

1. In order to use the functions of the Evermotion Portal correctly and to the fullest extent possible, the User shall have:

a. a device with access to internet,

b. internet search engine of XHTML 1.0 standard, or higher, or software of similar parameters.

2. The use of all the functions of Evermotion Portal can be conditioned by the installation of Java, or Java Script software and the acceptance of cookies files.

§4 Rules for posting entries on Evermotion Portal

1.Registered User can make entries on the Forum of Evermotion Portal.

2.The User is obliged to familiarize with all of the changes of the Regulations and abide its provisions.

3.Evermotion stipulates that will not store or display any content containing vulgar content, encouraging to racial, religious and ethnic hatred, or content propagating violence, or the totalitarian political system

4. It is forbidden to publish, in particular:

a. vulgarisms,

b. advertisements,

c. messages conveying hidden promotional content,

d. references (links) to other internet websites,

e. press releases or messages coming from information agencies and the alike,

f. texts originated by the third parties, considered as a work and being subject of copyright or related rights unless the publication is within the quotation.

g. content incompliant with the law, in particular content which infringes the copyrights of the third parties,

h. content which infringes the third parties’ personal rights, including the politicians’ rights,

i. pornographic content.

5. The User posts an entry at the User’s own risk.

6. Evermotion does not bear any responsibility for the content posted by the User.

7. Everyone who has the knowledge that the content posted by the User is incompliant with the law, or with the provisions of these Regulations can and should inform Evermotion by electronic mail about such incident as well as about the site where such content is displayed.

8. Evermotion has the right to control the content of the entries and comments and their modification, as well as their disposal in the event of gross non-compliance with the rules of the Regulations.

 

Art. II. Sale of Evermotion Products

§1 Subject of Sale

1. The subject of the sale is the License for Evermotion Products which are described in detail in art. 1 §1 point 7 of these Regulations.

2. Evermotion provides the Evermotion Products only in the extend and under the conditions described in the Regulations and in accordance with the contents of the License for Evermotion Products.

3. Evermotion is not required, in particular to develop or adapt the system to individual User needs, access to source code, adapt of User’s system or software to the needs of cooperation with the Evermotion Products, to provide any consulting or advisory services to the User or to provide access to Internet for the User.

4. The User is obliged to secure, its own and at his own cost, hardware and software and access to the Internet network to allow the use of Evermotion Products.

§2 Sales Transaction

1. The sale of Evermotion Products is conducted via Evermotion Store, or through the Resellers. The Complete list of Resellers is available on https://evermotion.org/resellers

2. Concluding the Transactions through the Evermotion Store occurs by placing an order on the website of Evermotion Store. Conclusion of the Transaction and its provisions are confirmed by the User immediately.

3. For placing and order with the Evermotion Store it is required to make the Registration of the Account.

4. After logging to the Account the User places an order by adding a given Evermotion Product and clicks the “Checkout” bookmark. When logging in the Registered Account User does not have to give again the User’s data since the data is saved in the system and they appear on the form automatically. The only information which shall be given is the method of payment.

5. After giving the required information the order shall be confirmed by clicking “order with obligation of payment” bookmark and then the screen will appear showing the confirmation of order placing, the number of the order etc. At the same time the User shall receive the order acknowledgment by mail.

6. The purchased Evermotion Product which is available in download version after making the payment will remain in the Account within the validity of the Account.

8. Automatically after making the payment by the User, but not later than within maximum 3 days from registering the payment of the given fee for the purchase of the Evermotion Product, Evermotion shall make the Evermotion Product available to the User. If no payment is received by Evermotion within fixed period of time, the Transaction is considered not to be concluded.

9. Evermotion does not convey any copyrights.

§3 Payment Policy

1. All the prices quoted in Evermotion Store are net prices (VAT tax exclusive), denominated in EURO currency, this is €.

2. VAT tax is calculated in accordance with the provisions of this paragraph. The amount of VAT tax depends upon the place of payment.

3. The Evermotion Products purchased by the User, which are available in download version, are:

a. in the case of entities from outside the EU or EU (non Polish) Entrepreneurs entities, exempt from taxation,

b. in the case of Consumers and Polish Entrepreneurs, increased by the rate of VAT applicable in the country of User’s seat or place of residence or living.

4. Evermotion Products purchased by User having seat or place of residence or living on Polish territory are taxed with the VAT at a rate of 23%.

5. In a situation where you get a message saying "bad VAT", please contact immediately with Evermotion e-mail at: support@evermotion.org.

6. Before making a purchase the total price of purchased Evermotion Products including all taxes is shown to the User.

7. The payments can be made by the User via PayPal site or by payment card (VISA or Mastercard) via PayU site.

§4 The rights of the Registered User

1. The Registered User is entitled to take part in the Evermotion Partner Program.

2. After making the Transaction the Registered User will not receive any e-mail message with the password. To make Transaction or download the files the User uses the same login and password.

3. The Registered User has one Account for all the orders.

4. At any time the Registered User can delete or edit his/hers Account.

§5 Delivery of the Evermotion Products

1. The purchased Evermotion Products are available in download version.

2. The downloading of the Evermotion Products which are available in download version is made by using the “Customer Zone” bookmark.

3. The Registered Users use their own password and login to enter the “Customer Zone”.

4. Each Evermotion Product available in “Customer Zone” bookmark can be downloaded for 10 times.

5. In case of inability to download within 10 times the User shall contact Evermotion.

§6 Guarantee, warranty and return of the goods

1. All the Evermotion Products are new, free of physical and legal defects.

2. Evermotion liability is excluded to the fullest extent permitted by mandatory law.

3. Unless mandatory law provides otherwise, the total and complete responsibility for the sale of the Evermotion Products, including total liability for any damage caused to the User who is an Entrepreneur, including damage caused by failure to perform or improper performance of this Agreement is limited to the value of the purchased Evermotion Products which connects this responsibility. Any liability, including damage caused by failure to perform or improper performance of the Agreement which connects this responsibility toward the User who is a Consumer and Small Entrepreneur shall not exceed the actual damages suffered by him.

4. The User is entitled to file complaints regarding the sale of Products in accordance with articles 556 – 576 of the Polish Civil Code dated 23 April 1964.

5. The complaint should be delivered to Evermotion via e-mail or otherwise delivered to the Evermotion premises eg. by courier or by registered mail.

6. The complaint form (non obligatory) constitutes Appendix 1 to these Regulations.

7. Evermotion would consider the complaint within 14 days (according to Polish law) from the date of receipt of the complaint, lack of the reply shall be understood as the acceptance of the User’s claims. Immediately after considering the complaint Evermotion will provide the User with the answers on the complaint. The answer will be sent in the same form in which it was received by Evermotion.

8. In the event of a dispute as to the method of resolving the complaint, the User being the Consumer or the Small Entrepreneur has the right to use alternative dispute resolution, e.g. he may submit an appropriate application to the appropriate Consumer Ombudsman, consumer organization, e.g. the Consumer Federation or one of the Voivodship Inspectorates of Trade Inspection. which conduct mediations and who operate Permanent Consumer Arbitration Courts. Such User may also submit his complaint via the EU online dispute resolution platform (ODR), available at: http://ec.europa.eu/consumers/odr/, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, (Regulation on consumer ODR). The above does not exclude the right to pursue claims against Evermotion in court proceedings.

9. Evermotion is liable to the User who is a Consumer or Small Entrepreneur for non-compliance of purchased Evermotion Products with this Agreement under the terms of the Polish Act of 30 May 2014 about consumer rights.

10. Provisions for warranty for defects of Evermotion Products do not apply to purchases made by Entrepreneurs, except for the Small Entrepreneurs.

11. The User being the Consumer or the Small Entrepreneur does not have the right to withdraw from the Transaction after placing the order in Evermotion Store under article 27 of the Polish Act of 30 May 2014 about consumer rights due to the fact that the Transaction relates to the digital content that is not stored on the carrier material and the performance has begun with the express consent of such User before the deadline to withdraw from the contract which the consumer was informed and agreed to by accepting these Regulations.

12. In case and as long the Transaction has not been automatically and instantly executed by Evermotion (the Evermotion Product has no been made available to the User), the User being the Consumer or the Small Entrepreneur has the right to withdraw from the Transaction after placing the order in Evermotion Store under article 27 of the Polish Act of 30 May 2014 about consumer rights. The withdrawal statement should be delivered to Evermotion via e-mail or otherwise delivered to the Evermotion premises eg. by courier or by registered mail. The withdrawal statement form (non obligatory) constitutes Appendix 2 to these Regulations.

 

Art. III. Final Provisions

§1 Changes of these Regulations

1. Evermotion can change the provisions of these Regulations. The changes become effective as from the date indicated by Evermotion, however, this term cannot be shorter than 7 days from the moment of making available the changed Regulations on the Evermotion Portal and the change shall not affect any already placed orders.

2. The User shall be informed respectively about the changes made to these Regulations and about the possibility of rejecting them (by closing the Account). Lack of rejection within the specified time shall be understood as acceptance of the changes.

§2 Governing law

1. These Regulations and all agreement arising out of them are subject to the Polish law and shall be interpreted in accordance with this law.

2. All potential disputes shall be settled by the court which has jurisdiction for the seat of Evermotion, except for the disputes with the Consumers and the Small Entrepreneurs which shall be governed by the court which has jurisdiction under the provisions of law.

§ 3 Notices

Unless otherwise provided by these Regulations or law, any notice, statement and correspondence relating to these Regulations can be folded up or delivered electronically or in writing by registered letter with acknowledgment of receipt to the addresses of the Parties correspondence.

 

Appendix 1 - complaint form

 

Appendix 2 - withdrawal statement form