Rights, responsibilities, and representations of the seller

References to "Seller", "You" and "Your" refer to you as the seller of 3D-models. References to "We", "Our" and "Us" refer to C-MES Solutions Limited. References to "Buyer" refer to the purchaser of 3D-models on our website.

Introduction

1. You may upload content that you own or have the right to use and upload. We do not own the content uploaded by you.
2. By uploading a Product, you declare that such Product and its use as permitted by our General Terms do not infringe the intellectual property rights of any other party and that you have obtained all necessary permissions to use and license the Product.
3. You may not upload a Product or add content that violates any international or national laws, regulations, or rules. Content cannot be defamatory, obscene, pornographic, offensive, or inciting racial hatred.
4. You must always keep backups of your uploaded Products. Files uploaded to the Site cannot be used as backups.
5. For any Product/Content uploaded to the Site or otherwise provided to us, you grant and confirm that you have the right to grant us a non-exclusive, worldwide, royalty-free license to:
   • Reproduce, sell, and distribute net revenues from any sale.
   • Publicly perform, publicly display, digitally perform, or transmit in promotional and commercial uses.
   • Create and use samples of the Product for advertising, demonstration, or promotion of your products or ours.
   • Use the Products for research, creation, development, and testing of new tools, features, services, technologies, or methods, including automatic recognition, conversion, or other processing of 3D-models.
   • Use any trademarks, service marks, or trade names included in the Product in connection with your material.
   • Use the name and likeness of any persons depicted in the Product in connection with your material.
   • Use the Products for machine learning or training neural networks, including generative AI.
6. You retain ownership of the copyright and all other rights to the Product uploaded to the Site, subject to the grant of non-exclusive rights to us and the Buyer. You may grant similar rights to others during and after the term of the General Terms.
7. By uploading a Product to the Site, you declare and warrant that:
   • • • • The Product is your original work and does not contain any copyrighted material to which you do not hold exclusive rights;
         • You have all the rights and authority to enter and perform this agreement;
         • The Product does not infringe any rights of third parties, including copyrights, patents, trademarks, trade secrets, property rights, publicity rights, privacy rights, or moral rights;
         • The Product does not violate any laws, regulations, or rules;
         • The Product is not defamatory, obscene, pornographic, or inciting racial hatred;
         • The Product does not contain any viruses or other software routines that adversely affect computer systems or data;
         • The Product does not contain any materials requiring additional licensing restrictions;
         • All factual assertions made by you are true and complete.
         • In case of violation of these rules, if it causes damage to the Buyer or us, you agree to fully compensate for this damage.
8. You grant our partners the same licensing rights as us for the sale of your Products on the partner's website.
9. We may offer and sell your Products to our partners who intend to purchase products on the Site in bulk.

Price Policy

1. You may set prices for your Products and Services in three supported currencies: British Pounds (GBP £), Euros (EUR €), and United States Dollars (USD $). Customers located in the United Kingdom will see prices displayed in GBP, customers within the Eurozone will see prices displayed in EUR, and customers in all other regions will see prices displayed in USD.
2. When you initially enter prices, values in currencies other than your primary settlement currency (the currency in which you receive payouts) will be calculated using the current exchange rate at the time of entry. You may manually override and set any price values in each supported currency at your discretion. Once prices are set, they are not automatically adjusted in response to future changes in exchange rates.
3. You may set a Product price to zero (0). In this case, your Product may be made available for free download to registered users of the website. You may change your prices at any time, and any such changes will take effect immediately after being saved and will apply to all new orders placed after the change. Changes will not affect orders that have already been placed or paid for.

Rights, Responsibilities, and Representations of the Buyer

1. The Buyer may not use a Product downloaded from this site in a manner that infringes on the intellectual property rights of any other party. The Buyer may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source or underlying structure of the Product and must comply with the licensing terms granted to the Buyer at the time of purchaseDepending on the Product and the selected option at checkout, one of the following license types may be granted:
2. 1. Personal Use Only License
   2. Extended Use License 
      
3. Upon payment of any applicable license fees for any Product, the Buyer may download the Product from the Site and use it according to the applicable licensing terms. The Buyer must ensure that any use of the Product complies with all applicable laws and regulations and does not infringe on the rights of third parties.

Royalty Payments and the Purchase and Payment Process

1. We facilitate interactions between Buyers and Sellers by providing an eShop platform available on the Site. We are not a party to the sales contract for products between Buyers and Sellers. Payment transactions concerning the purchase of Products are made from the Buyer to the Seller through us. In connection with these payment transactions, we are authorized to conclude the sales contract on behalf of the Seller. Accordingly, we are authorized to act as the Seller's payment collection agent for receiving and processing orders and payments from the Buyer.
2. Each Seller agrees that a payment made by the Buyer through our site will be considered the same as if it had been made directly to the Seller. The Seller agrees and accepts that payment to the Seller by us is conditional upon the successful receipt of related payments from the Buyer.
3. The Buyer may choose any payment method supported by the Site to purchase Products at the point of sale.
4. The payout amount is calculated as the sale price in the Buyer’s currency, converted to your payout currency using the monthly exchange rates published on the first day of each month by HM Revenue & Customs (HMRC). These rates are valid for the entire month. You can view the current rates here: HMRC Exchange Rates. Our commission is then deducted, and the resulting amount constitutes your royalty.   
5. Each calendar month by the twentieth (20th) day, or the next working day if the twentieth falls on a weekend or holiday, we will pay the Seller their payouts according to the Seller's rating at the time of purchase.
6. We reserve the right to withhold payments in the following cases:
   • The amount is below the minimum permitted for a monthly payout (which is 100 GBP) if the Seller has not chosen PayPal as the transfer method;
   • The Seller's payments are on hold due to a previous unsuccessful payment;
   • The Seller has provided inaccurate payment information;
   • There is a violation of Site policies that must be resolved before payment is made.
7. Ratings and royalty percentages for each level are determined based on the Seller’s total sales volume achieved during a calendar month:
   • • • • Junior (0 GBP) — 80% royalty
         • Middle (500 GBP) — 85% royalty
         • Senior (1000 GBP) — 90% royalty
8. The royalty rate represents the seller’s payout from their monthly sales.
9. Once the required sales volume is reached, the corresponding royalty rate is applied to all new sales made in the following calendar month and remains in effect for the entire calendar month, unless the Seller’s level changes.
10. We will calculate and pay earnings to Sellers after deducting taxes, if such an obligation is provided by the national tax laws of the United Kingdom, as well as all corresponding fees of banks and payment systems.
11. If a purchase is canceled after the Seller has been paid, or if for any reason we have already paid the Seller an amount exceeding the correct payout, the Seller acknowledges that such overpayment is subject to refund to us and authorizes us to deduct from future payments to the Seller.
12. If the Buyer lodges a quality complaint regarding the purchased 3D-models, we will make every effort to allow the Seller to make the required corrections, and only if such corrections are not possible will we refund the Buyer.

License Types 

Personal Use Only License

Number of Users

The Personal Use Only License is valid for one (1) individual and may be used on an unlimited number of computers or storage devices owned or controlled by that one (1) individual.

If more than one person in your household, company, or organization will use the Digital Asset, each person must purchase their own Personal Use Only License, or the Digital Asset must be purchased with an Extended Use License.

This license is perpetual for the Licensee, and all Digital Assets acquired under this license may be downloaded to any computers or storage devices of the Licensee at any time in the future, except as otherwise specified in Section VI.5.

Transfer of Digital Assets to Third Parties

Except as expressly permitted by this Agreement, the Personal Use Only License does not allow the transfer of Digital Assets to third parties.

Scope of Use

The Personal Use Only License permits only non-commercial use of the Digital Asset.

This means the Digital Asset may not be used:

• • • • In any activity related to generating money or other compensation;
• • • • • For business promotion (including sole proprietorships);
• • • • In any form of advertising;
• • • • In situations where financial gain or other compensation is the purpose or result of using the Digital Asset — directly or indirectly.

Permitted Uses

Personal Social Media (Non-Commercial Use)

You may use the Digital Assets in a single personal or individual social media account (but not on a company or business page).

Streaming Audiovisual Content

You may use the Digital Assets when streaming personal audiovisual content. Such content must not contain advertising. There are no limits on the number of views over the entire period of non-commercial use.

Physical End Products

You may use the Digital Assets to create physical end products (including but not limited to 3D-printed items, clothing, sculptural works), provided that such products are intended solely for personal use, gifts, or charitable donations.

Under no circumstances may such products be sold — either retail or wholesale.

Extended Use License

Number of Users

The Extended Use License is valid for all employees or members of one (1) company, organization, institution, business, or household (“Company”).

Digital Assets purchased under this license may be used on an unlimited number of networked computers or devices owned by or under the control of that one (1) Company.

For the purposes of this license, a subsidiary company is considered a separate legal entity, and each subsidiary must purchase a separate license.

The Extended Use License is perpetual for the Licensee Company, and all Digital Assets purchased under this license may be downloaded to any computers or devices of the Company at any time in the future, except as otherwise specified in Section VI.5.

Authority to Bind the Company

If you, as an individual, purchase a Digital Asset on behalf of your employer, you represent and warrant that you have full legal authority to bind your employer to the terms of this Agreement as the Licensee.

Transfer of Digital Assets to Third Parties

After purchasing a Digital Asset, you may:

• • • • Transfer the Digital Asset to a third party if you are collaborating with them on a project that you own and such transfer is necessary for the development and production of the project. In this case, the third party must take reasonable measures to protect the Digital Asset, ensuring access is limited to persons involved in the project’s development and production.
      • Transfer the Digital Asset to a third party if that party is your client (“Your Client”) and you are collaborating with them on a project owned by the client. In this case, the client may use the Digital Asset solely for the specific project and its subsequent versions. The client is also required to ensure protection of the Digital Asset and restrict access only to project participants.

• In all cases of transferring Digital Assets, you are responsible for any subsequent distribution, use, or misuse of the transferred Digital Asset by the recipient.

Scope of Use

Subject to the restrictions set forth in this Agreement, the Extended Use License permits both non-commercial and commercial use of the Digital Asset.

Permitted Uses

Corporate Projects

(Corporate communications, marketing materials, exhibition and promotional materials, booth design, presentations, advertisements in mobile, web, print, TV, and billboard formats)

Computer Games and Software

(Computer, web, and mobile games, virtual and augmented worlds, simulations and training environments, software user interfaces, e-learning platforms)

Digital Media

(Films, video and media projects, TV programs, online and electronic publications, blogs, literature, social media campaigns and email newsletters, website and interface design, wallpapers and screensavers for PC and mobile devices)

Educational Materials

(Courses, training, instructional videos, tutorials, and guides)

News Media

(Print, web, and broadcast media)

Physical End Products

(Books, magazines, posters, postcards, clothing, brochures, artwork, household and office items, 3D-printed products)

Product Design

(Architectural visualizations, previsualizations, prototyping and product research, packaging, mass-produced items)

Special Restrictions

Educational Materials

Digital Assets — whether modified or unmodified — stored on networked computers or devices owned by a school or university may not be distributed to students for use on their personal computers.

Students who wish or are required to use the Digital Asset must purchase their own copy of the Digital Asset.

Physical End Products

You may use Digital Assets to create physical end products for transfer or sale, subject to the following restrictions:

• • • • You may not create, give away, sell, or otherwise distribute physical end products consisting solely of the Digital Asset. The Digital Asset must be part of a larger work in which it is significantly altered and/or incorporated as a minor component of a broader collection of physical objects. The physical end product must not derive its primary value from the Digital Asset itself.
• • • • You may not create, give away, sell, or otherwise distribute physical end products (e.g., molds or forms) that would allow third parties to produce physical end products consisting solely of the Digital Asset.
• • • • You may not allow third parties (e.g., end users) to use the Digital Asset for customizing physical end products via “print-on-demand,” “custom-made,” or “download-on-demand” services.