This Agreement was last modified on June 29, 2014.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, http://magazine.3dconceptart.com, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by Visual Design Workshop.
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
The last update to our Terms of Service was posted on June 29, 2014.
The terms “us” or “we” or “our” refers to Visual Design Workshop, the owner of the Website.
A “Visitor” is someone who merely browses our Website, but has not registered as Member.
A “Member” is an individual that has registered with us to use our Service.
Our “Service” represents the collective functionality and features as offered through our Website to our Members.
A “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.
A uploaded image or video and content by our member is by law intellectual property and protected by it. This means, you as member alone is responsible for the content you add to our site. 3D Concept Art protects and respects your content, copyrights and trademarks.
Agreement and Membership
For good and valuable consideration, the receipt and sufficiency of which each party acknowledges, the parties hereby agree as follows:
Membership at 3D Concept Art means and what are you able to see as a visitor:
No need to be a member of the site to view several parts of the site.
The site users who are not members may view some of the content on the site as long as they comply with our standards of conduct.
Members receive additional benefits, and additional features, subject to our standards of conduct.
We may change the benefits, features and levels of membership by sending you an email or by posting the changes on the site. Our provision of the above benefits to you, including the services we provide on the site.
3D Concept Art may use third parties to provide some or all of the Services. The Services may be provided using servers and other equipment located in any country including Sweden, Malta, United States and elsewhere around the world.
Several part of the site are free to use. However, if you wish to use any of the premium services or wish to purchase any products available on the site, you agree to pay 3D Concept Art the prices posted on the site for those products and services, plus all applicable taxes, and you will make those payments on the dates set out on the site. Payments must be made in advance. 3D Concept Art may change the fees from time-to-time.
You may pay 3D Concept Art through the payment options made available on the Site. You must comply with the terms of all agreements between you and any third-party payment processors, and if you have any disputes regarding the processing of your payment you must deal directly with those third parties to resolve the disputes.
If 3D Concept Art allows you to pay 3D Concept Art directly via credit card, then you authorize 3D Concept Art to charge all amounts to the credit card number you provide to 3D Concept Art. If your credit card payment is rejected or refused you will immediately pay 3D Concept Art the amount due and provide 3D Concept Art with an alternative credit card number for future payments.
You represent and warrant to 3D Concept Art that each credit card you use for payment to 3D Concept Art either belongs to you, and you have the right to charge all such payments on the credit card(s).
By registering as a member you represent and warrant to us that:
- You are an individual who can form a legally binding contract at law; and
- You are at least 18 years old, and of the age of majority in the jurisdiction from which you access the Site.
If you are the parent or guardian of a minor and are establishing an account on behalf of the minor, then you represent and warrant to us that the minor is at least 13 years old and has your consent to use the Services, despite the fact that some portions of the Site and some of the Services may be inappropriate for minors. You must ensure that the minor person complies with the terms of this agreement as if the minor was you. You agree that you will be fully responsible for:
- The conduct of that minor in connection with the Site and the Services;
- Controlling the minor’s access to and use of the Site and the Services; and
- The consequences of any misuse of the Site or the Services by the minor.
Intellectual Property, Copyright and Trademark Policy
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
The Site and its original content, features and functionality are owned by Visual Design Workshop and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Visual Design Workshop | 3D Concept Art respects and follows the intellectual property rights of others and has adopted and implemented the 3D Concept Art Copyright Policy in accordance with the Copyright Act of Sweden.
As between you, a member or user of site and 3D Concept Art, you will retain ownership of all original text, images, videos, messages, comments, ratings, and other original content you provide on or through the Site (collectively, “Your Content”), and all intellectual property rights in Your Content.
As between you a member or user of site and 3D Concept Art, 3D Concept Art or third parties solely own the following (the “3D Concept Art Property”): all other content on the Site or provided through the Services, including all text. photos, videos, templates, and other content provided by 3D Concept Art (collectively, the “3D Concept Art Content”) and all intellectual property rights in the 3D Concept Art Content; and all tools, hardware and software used to provide the Services (collectively, the “3D Concept Art Tools”); the graphical design of the Site, the the Site user interface and the look and feel of the Site and the the Site user interface; and the names, logos and trade-marks of 3D Concept Art and on the Site (including third parties’ marks) and 3D Concept Art.
You must not copy, modify, distribute, use, exploit or make derivative works from any of the 3D Concept Art Property except as explicitly permitted by 3D Concept Art.
Your Content License
Your Content may be shared with third parties, for example, on social media sites to promote your content on the Site. Accordingly, you hereby grant royalty-free, perpetual, world-wide, licences (the “Licences”) to 3D Concept Art and our service providers to copy, reformat and distribute Your Content in connection with providing the Services; and to 3D Concept Art and our service providers, members, users and licensees to use, communicate, share, and display Your Content (in whole or in part) subject to our policies, as those policies are amended from time-to-time.
3D Concept Art and our service providers, members, users and licensees may use, copy, display and transmit your user name in connection with any or all of Your Content if 3D Concept Art or the service providers, members, users or licensees wish to do so.
- Representations regarding Your Content.
- You represent and warrant to 3D Concept Art that:
- You own Your Content;
- You have the right to grant the Licences; and the use, communication, sharing, display, copying, reformatting and distribution of Your Content as permitted by the Licences will not infringe or violate the rights of any third party.
You are solely responsible for your 3D Concept Art and 3D Concept Art Jobs account information, content, messages or other information that you submit, publish or display on 3D Concept Art or 3D Concept Art Jobs or transmit to other users.
By posting content on 3D Concept Art or 3D Concept Art Jobs, you automatically grant, and you represent and warrant that you have the right to grant, to us and our affiliates a royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. Subject to the foregoing, the owner of such content placed on 3D Concept Art and 3D Concept Art Jobs retains any and all rights that may exist in such content.
We act as a passive conduit for the online distribution and publication of content and have no obligation to screen communications or information in advance and are not responsible for screening or monitoring content posted by users. However, we may review and delete any content that, in our sole judgment, violates these Terms and Conditions, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of users of 3D Concept Art and 3D Concept Art Jobs. We reserve the right to expel users and prevent their further access to 3D Concept Art and 3D Concept Art Jobs for violating the Terms and Conditions or applicable law, rule or regulation and the right to remove content which is in violation of the Terms and Conditions, abusive, illegal, or disruptive. We may take any action with respect to content that we deem necessary or appropriate if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
The following is a partial list of content that is prohibited on 3D Concept Art and 3D Concept Art Jobs. The list below is for illustration only and is not a complete list of all prohibited content. Content is prohibited if it;
is implicitly or explicitly offensive, such as content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses, incites harassment or advocates harassment of another any group or individual; involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; contains restricted or password only access pages, or hidden pages or images; displays or links to pornographic, indecent or sexually explicit material of any kind; provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or provides instructional information about illegal activities including without limitation, making or buying illegal weapons, violating someone’s privacy, or provides or creates computer viruses or pirating any media; and solicits passwords or personal identifying information from other users.
To protect our users from commercial advertising or solicitation, we reserve the right to restrict the number of e-mails which users may send to other users in any period to a number which we deem appropriate.
Any rankings or other such rating system applied to users do not necessarily guarantee performance results or capture all criteria that may be relevant to an employment decision. We do not independently verify the information provided by users or the identity of users.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content or any other communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by users will be at your own risk.
We have no obligation to screen user content in advance and are not responsible for screening or monitoring content posted by users. If notified by a user of communications or content which allegedly do not conform to these Terms and Conditions, we may investigate the allegation and determine whether to take any other action including removal of the content. We have no liability or responsibility to users for performance or non-performance of such actions.
We appreciate hearing from our users and welcome your comments regarding 3D Concept Art and Concept Art Jobs and our services. Please be advised, however, that we do not accept or consider unsolicited creative ideas, suggestions, inventions or materials other than those which we have specifically requested. If you send us creative suggestions, ideas, drawings, concepts, inventions, or other information such submission shall be the property of Visual Design Workshop 3D Concept Art and 3D Concept Art Jobs. None of the submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any submission. We shall own exclusively all now known or later discovered rights to the submission and shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
We authorize you to view and access a single copy of the content available on or from 3D Concept Art and 3D Concept Art Jobs solely for your personal use. The contents of 3D Concept Art and 3D Concept Art Jobs, such as text, graphics, images, logos, button icons, software and other 3D Concept Art and 3D Concept Art Jobs content, are protected under both Swedish and foreign copyright, trademark and other laws. All 3D Concept Art and 3D Concept Art Jobs content is the property of Visual Design Workshops 3D Concept Art or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on 3D Concept Art and 3D Concept Art Jobs is our exclusive property and protected by Swedish and international copyright laws. Unauthorized use of our content may violate copyright, trademark, and other laws. You must retain all copyright, trademarks, service mark and other proprietary notices contained in the original 3D Concept Art and 3D Concept Art Jobs content on any copy you make of the content. You may not sell or modify our content or reproduce, display, publicly perform, distribute, or otherwise use our content in any way for any public or commercial purpose. The use of our content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that 3D Concept Art or 3D Concept Art Jobs creates to generate any content or the pages making up 3D Concept Art and 3D Concept Art Jobs which is also protected by our copyright.
Content backups by Members
You are responsible for keeping back-up copies of all of Your Content; 3D Concept Art will not be liable for any loss or damage to any of Your Content. 3D Concept Art may impose limits on the quantity and size of Your Content stored on our servers, and the duration Your Content is stored on our servers, and may charge you fees for exceeding those limits.
Without limiting anything in this Agreement, you must comply with all applicable privacy laws and must not collect, use, retain or disclose any third party’s personal information without their consent unless otherwise permitted by law to do so.
Your Privacy and Communications Consent
We and our representatives will collect personal information about you including your name, contact information, personal preferences and other information. You acknowledge that we and our representatives may use your personal information for the following purposes:
- To allow us to communicate with you, manage your account with us, monitor your compliance with this Agreement, and manage any services we provide to you or other Site users,
- To customize any content and advertising that is presented to you on the Site,
- To contact you regarding any orders you place through the Site, and to help process, deliver and take payment for those orders,
- To verify your personal information, and
We may disclose your personal information electronically or in writing to our delivery and other service providers, including to service providers located in the Malta, United States and other jurisdictions outside of Sweden who may be subject to applicable disclosure laws in those jurisdictions. You may contact us to obtain information about our policies and practices regarding our use of service providers outside of Sweden, or to ask questions about the collection, use, disclosure or storage of personal information by our off-shore service providers.
When you register for the site, a profile page is automatically created for you, and some of your personal information may be made available to the general public. For your protection, please do not share sensitive information on the Site or through the Services.
YOU HEREBY CONSENT TO US AND OUR REPRESENTATIVES COLLECTING, USING AND DISCLOSING YOUR PERSONAL INFORMATION, AND SENDING COMMERCIAL ELECTRONIC MESSAGES TO YOU, IN THE MANNER DESCRIBED ABOVE.
Specific Prohibited Uses for members, visitor or users
3D Concept Art and 3D Concept Art Jobs or our services may not be used for any illegal or unlawful purposes. We reserve the right to terminate usage by any party that we deem questionable. The following practices are specifically prohibited;
- Entering data that is knowingly inaccurate, incomplete or false.
- Entering data that does not belong to you. Users may not enter data for another user. This shall include, but not be limited to, the listing of job ads. You may not post job ads that are not for your company. The only exception to this is if you represent an ad agency, recruitment firm, or third party recruitment service, with permission to post on a company’s behalf.
- Maintaining an excessive amount of data on our servers or uploading anything that may cause excessive strain on our systems and networks.
- Using our services for anything other than their intended uses. This shall include, but not be limited to, the practice of posting job ads that do not specifically exist, for the purpose of collecting resumes or other data from users. This practice is explicitly restricted and shall result in cancellation of your posting and removal of your usage rights.
- Using our services with the intent of hurting, damaging, destroying, or otherwise infringing on the stability and usefulness of our services.
- Distributing protected materials to any third party. This may include contact data, passwords, discounts, etc. This includes the sharing of protected data with other users. No party may utilize data from 3D Concept Art and 3D Concept Art Jobs in an attempt to bypass our security and extract protected data from outside sources. We reserve the right to alter, edit, or remove any data posted.
- Aggregating, packaging, spidering, collecting, displaying any of the content on 3D Concept Art and 3D Concept Art Jobs without our written consent.
- Copying, duplicating or using any of the coding, mark-up language, or software that comprises 3D Concept Art or any of its services. None of these items may be reverse-engineered or duplicated for any purpose.
- Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume (living individual seeking employment on a full-time or part-time basis on his or her own behalf).
- Posting any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents.
- Using the 3D Concept Art Jobs resume / galleries database for any purpose other than as an employer seeking employees, including but not limited to using the information to sell or promote any products or services.
- Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of 3D Concept Art and 3D Concept Art Jobs.
- Deleting or revising any material posted by any other person or entity.
- Using any device, software or routine to interfere or attempt to interfere with the proper working of 3D Concept Art and 3D Concept Art Jobs or any activity being conducted on 3D Concept Art.
- Taking any action which imposes an unreasonable or disproportionately large load on 3D Concept Art infrastructure.
- Disclosing to or sharing your 3D Concept Art and 3D Concept Art Jobs password with any third parties or using your password for any unauthorized purpose.
- Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, or intelligent agents) to navigate or search 3D Concept Art and 3D Concept Art Jobs other than the search engine and search agents available from 3D Concept Art and 3D Concept Art Jobs.
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of 3D Concept Art and 3D Concept Art Jobs.
- Aggregating, copying or duplicating any of the information available from 3D Concept Art and 3D Concept Art Jobs.
- Framing of or linking to any of the content or information available from 3D Concept Art and 3D Concept Art Jobs.
- Using the job posting and resume database features of 3D Concept Art and 3D Concept Art Jobs for unlawful purposes.
- Spamming others.
- Violate any law.
- Using 3D Concept Art Services without a written permission.
- Selling account
- Delete or modify any copyright or other intellectual property
- Authorize anything to others, like third part to do any of the above without any permission directly from 3D Concept Art
Inactive and Abandoned Accounts
If you do not log into your account for any period of at least 365 consecutive calendar days, your account may be deemed “Inactive”. We may, in our sole discretion, suspend or terminate your account and membership if it becomes inactive.
Without prejudice to any of our rights at law or equity, 3D Concept Art may terminate your access to the Site and the Services with no prior notice if you fail to make a payment to 3D Concept Art as and when required, or if you fail to comply with any obligation in this Agreement, or if any of your representations or warranties is or becomes untrue. 3D Concept Art may also terminate or suspend any or all of the Services at any time without prior notice.
Termination by you as a member
You may terminate your the Site account at any time. Termination of your account is your only remedy with respect to any dispute with the Site, including disputes relating to
this agreement or our enforcement of it;
- The Site, the 3D Concept Art Content, the 3D Concept Art Tools or the Services; and
- The amount, type or payment of fees in connection with the Site or the Services.
- Effect of Termination
- Upon termination of your account or this agreement:
- You will immediately cease all use of the Site, the 3D Concept Art Content, the 3D Concept Art Tools and the Services;
- You will have no further access to your account or anything associated with it;
- You will not receive any refunds for fees you paid under this agreement;
- any unused or remaining time, credits, points or in your account at the date of termination will be permanently forfeited and revoked from you, and you will not receive any refund or credit for any of them;
- You will immediately pay 3D Concept Art all amounts owing under this agreement;
- 3D Concept Art may (but is not required to) delete some or all of your Content from the Site and from your account within 60 days after termination;
- The Licence will continue in full force and effect for all of your Content
Advertising and Promotions
Some of the Services may contain advertisements and promotions which may be targeted to you based on your use of the Site and the Services. The format, type and content of the advertising and promotions may change. You must exercise caution when purchasing goods or services from any third party advertiser or brand that may be promoted on or linked to the Site. Please read more in Terms and conditions.
Interruptions, Errors, Maintenance or other problems.
Your use of the Site and the Services might be interrupted and will not be free of errors. Some of the content on the Site might be translated, and those translations may not be accurate or appropriate. The Services may be unavailable from time-to-time due to routine maintenance, upgrades, hardware/software malfunctions, repairs, power outages, hackers, denial of service attacks and unforeseeable large service demands.
Modifications of site
Visual Design Workshop | 3D Concept Art may add new features to the Site and the Services, remove existing features from the Site and the Services, or otherwise modify the Site and the Services, universal resource locators and software components.
Modifications to this Agreement
From time to time in our sole discretion 3D Concept Art may modify the terms of this Agreement by posting the modifications on the Site. You will be bound by the modified terms after the modified terms have been emailed to you or have been posted on the Site for 30 days.
Warranty, Liability and Indemnity
NO DELAY OR FAILURE TO ACT BY 3D CONCEPT ART REGARDING ANY DEFAULT WILL IMPAIR ANY OF OUR RIGHTS OR REMEDIES THAT ARE NOT EXPRESSLY WAIVED IN WRITING. THIS AGREEMENT SUPERSEDES ALL PRIOR AGREEMENTS OF THE PARTIES REGARDING THE SITE AND THE SERVICES, AND CONSTITUTES THE WHOLE AGREEMENT WITH RESPECT TO THE SITE AND THE SERVICES. YOU MUST NOT ASSIGN OR SUBLICENSE THIS AGREEMENT OR ANY OF YOUR RIGHTS UNDER THIS AGREEMENT WITHOUT OUR PRIOR WRITTEN CONSENT, WHICH MAY BE WITHHELD WITHOUT CAUSE. 3D CONCEPT ART MAY ASSIGN OR SUBLICENSE THIS AGREEMENT AND ANY OR ALL OF OUR RIGHTS AND OBLIGATIONS UNDER IT IN OUR SOLE DISCRETION. THIS AGREEMENT WILL ENSURE TO THE BENEFIT OF AND BE BINDING UPON THE PARTIES AND THEIR LAWFUL SUCCESSORS AND PERMITTED ASSIGNS. 3D CONCEPT ART WILL NOT BE LIABLE FOR ANY DELAY OR DAMAGE CAUSED AS A RESULT OF ANY EVENT BEYOND ITS REASONABLE CONTROL; ANY DELAY CAUSED BY ANY SUCH EVENT WILL NOT BE DEEMED TO BE A BREACH OF OR FAILURE TO PERFORM THIS AGREEMENT.
Terms of Other Services
If you use any other service or software provided by or through 3D Concept Art or Services, you must comply with all terms and conditions that are imposed upon your use of that service or software.