Mighty Emu Studios LTD (hereinafter -“our”, “us”, “we”, “Mighty Emu”) is a UK company that operates the service “Mighty Emu 3D Models” which allows customers to buy 3D models to use in projects in creation of 2D products.
This document is the official public offer addressed to an undefined amount of people for the reason of entering into an agreement under the terms and conditions set out below.
In purchasing our 3D model licenses, you can:
● Use images created of our 3D models on any medium, such as Postcards, posters, T-shirts, etc.
● Recreate our 3D models in the physically form; example, 3D printed equipment from our 3D models.
● sell or donate physical models recreated from our 3D models, such as manufactured equipment, or media with images of our 3D models, such as T-shirts.
● rent or lease physically created copies of our 3D models, for example, constructed equipment but not media containing electronic files or images of our 3D models.
● publicly demonstrate physically created copies of our 3D models or images with them in the form of any advertising.
● use our 3D models or their 2D images as part of films, television, promotional videos, live performances, or video games.
● post 2D images of our 3D models on the Internet, example, visualisations contain our models
● to create objects of architecture or any kind of urban planning projects using our 3D models.
● make 2D images using 3D models. Example, Architecture visualisations, including licensing agreements for the created work.
● make any changes to our 3D models without distributing the new 3D model.
● use our 3D models anonymously, no accreditation needed.
It is strictly prohibited to:
● sub-license our 3D models with third parties.
● sell or donate electronic media containing our 3D models, such as hard disks or flash drives.
● rent out or loan free of charge electronic media containing our 3D models, such as hard disks or flash drives.
● upload our 3D models in their original form anywhere on the internet.
● include our 3D models in any catalogues or databases.
● create your own 3D models for licensing, rent, sale or donation based on our 3D models.
We strictly prohibit distribution of our 3D models. Should you be required to shared our 3D models, the recipient will need to purchase a new license for the 3D model(s) from us if they want to use it in any commercial way as part of the result of your work in its original form or a three-dimensional plane.
1. 3D MODEL LICENSE AGREEMENT
1.1. This License agreement is an open license within the meaning of Applicable Law. Subject to this Agreement, Mighty Emu grants a non-exclusive license to Customer for the Model under the terms of this Agreement, and Customer pays for the corresponding license obtained from Mighty Emu.
1.4. This Agreement between the Customer and us shall commence and be effective from the moment of the Customer’s Registration on the Website and acceptance of this Agreement. This Agreement is valid for the duration of the Customer’s use of the Website and 3D Models.
1.5. This Agreement may be changed by Mighty Emu in the following order: Mighty Emu publishes changes to the terms of the Agreement by posting a new version of the Agreement on the Website. If the Customer does not voice his desire to disagree with the changes to the Agreement within 14 (fourteen) days, the Agreement is considered to be accepted by the Customer in the new edition. You have the right not to accept the amended Agreement upon our notification of such change by posting the new version of the Agreement on the Website, and such non-acceptance will lead to the immediate termination of the Customer’s rights and obligations, including the rights to use the Models. Any payment paid by the Customer for the use of the Models is non-refundable.
2. OUR RIGHTS & OBLIGATIONS
2.1. Mighty Emu shall endeavour to keep the website live, maintained and provide Customer access. Unless necessary maintenance work is needed.
2.3. If a Customer’s breach of this Agreement, we have the right to send the Customer a warning and unilaterally, without judicial procedures reject in whole or in part the Agreement concluded with the offending Customer, including to suspend such Customer’s access to the Website and Services, delete its Account.
2.4. We have the right to revise this Agreement unilaterally at our discretion and without previous Customer notification by making an updated text of the Agreement available on: terms-updated
2.5. We have the right to amend the prices at our sole discretion without previous notice of the Customer.
2.6. We have the right at any time at to request Customer’s documents and other information needed to verify their identity. We verify Customers’ identities to detect and prevent prohibited use of our Models. The documents and other information that we can request can include, but not limited to, identity document, Customer’s company, website, portfolio.
3. CUSTOMER’S OBLIGATIONS & RIGHTS
3.1. The Customer has the right to download and use our 3D Models, if they have paid the fees for that 3D Model.
3.2. The Customer has the right to get a refund in accordance with the provisions of Applicable law and this Agreement.
4. THE LICENSE TO USE THE MODELS
4.1. When you download a Model from our website for free or following a payment of an applicable license fee for the Model, Mighty Emu grants You a non-exclusive, personal, non-transferable, worldwide and revocable license (hereinafter – the “License”) and the rights to:
4.1.1. save Models on an electronic media, for example, on a CD, DVD, flash drive, portable hard drive, including recording in the memory of a computer or mobile phone;
4.1.2. distribute, two dimensional copies of the Model for example, by applying an image of the Model on any medium (poster, T-shirt, etc.)
4.1.3. public display, i.e. demonstration of the original or a copy of the Model on a screen to an indefinite range of people.
4.1.4. public performance, that is, the presentation of the Model in live performance or by technical means (radio, television, etc.).
4.1.5. import of originals or copies of the Models, across the customs border of countries made in any material form, as well as import across the customs border of electronic media with written Models on them;
4.1.6. rent, lease or loan (including for free) of the physical form of Models, including those made in three dimensions or two dimensions.
4.1.7. use the downloaded Model to create two-dimensional Derivative Works under this Agreement.
4.2. In addition to clause 7.1 of the Agreement, the Customer is prohibited from:
4.2.1. distributing our Models recorded on electronic media (hard drives, etc.).
4.2.2. rental of Models recorded on electronic media (hard drives, etc.).
4.2.3. bringing the Model in three dimensions to the public, where a person can access the three-dimensional image of the Model from anywhere and at any time on their own free will. Example, uploading the original Model downloaded from the Website to the Internet.
4.3. When using the downloaded Models, the following apply:
4.3.1. Modifying the Model does not constitute to a separate Derivative Work. Therefore, the amended Model remains licensed to you by.
4.3.2. Combining several Models into one 3D Model will does not constitute to a separate Derivative Work, as it does not significantly differentiate such a model from the combined Model(s). Therefore, such a composite 3D model should be considered a modified copy of the combined Model(s).
4.3.3. The Model shall not be sold, transferred or assigned to any person or entity in the original form in which it was downloaded from the Website, or in any form that is not a Derivative Work, including but not limited to a modified Model.
4.3.4. Customer shall take all reasonable and generally accepted actions to prevent third parties from accessing the downloaded Models that are included in any digital Derivative Work. You must use closed source application formatting so that Models cannot be opened or imported in a publicly available software application or framework, or retrieved without breaking the technology. Models will not be included in Derivative Works that have common functions for importing and/or exporting Models..
4.3.5. Models shall not be used for any defamatory, obscene, pornographic or racist intent, or to violate the intellectual property rights of any person or entity.
4.4. Mighty Emu allows the Customer to use the Model without accreditation.
4.5. Mighty Emu authorizes the Purchaser to make changes, abbreviations and additions to the Model, to provide the Model with illustrations and otherwise affect the integrity of the Model.
4.6. Certain Models containing images, logos, brand names, trademarks and service marks, and other intellectual property might require additional licenses, rights and permissions for use. The customer is solely responsible for determining if additional licenses, rights and permissions are needed for the intended use of the Model before downloading and using any Model.
4.7. We do not sell/grant ownership of the Models. Therefore, by downloading a Model, you acquire only a license to use that Model but not the ownership of the Model itself.
4.8. Models should not be used to create trade or service marks. This Agreement does not contain consent to register objects of copyright as trademarks and service marks. Therefore Models must not be used to create trademarks for goods and services or a logo for a legal entity.
4.9. The Customer must ensure that his use of the Models does not contradict the requirements of Applicable Law.
4.10. This License is valid during the term of the Agreement. Termination of this Agreement will end in this License being revoked.
4.11. If your license is revoked, you need to immediately cease using the downloaded Models, delete them and copies you have made.
4.12. Breach of this Agreement immediately terminates your rights and License to use the Models.
5. PRICES AND PAYMENTS
5.1. The price includes the cost of our Services to You and the license fee for the right to use the Models.
5.2. An advanced payment shall be paid by the Customer for amount of 100% of the price for the License.
5.3. Under this Agreement, all payments are deemed effective after they have been transferred to our business account or by the payment systems on the Website.
5.4. The Customer shall be considered as having performed its payment obligations from the date when a payment is debited from its account.
5.5. The final prices and fees are inclusive of transactional taxes where relevant (such as VAT)
6. TERMINATION OF THE AGREEMENT
6.1. This Agreement can be terminated partially or wholly by each Party unilaterally at any time. The Party which wishes to terminate the Agreement must notify the other Party via email. Consequently, the Agreement terminates only upon such notice.
6.2. The Agreement termination will result in suspension of our Website services, as well as the access to downloading of the Models and License being Revoked.
7. PARTY’S LIABILITY
7.1. Our Website and the Models are made available to You on an “AS IS” basis. Thus, we refute all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
7.2. Mighty Emu are not liable for any consequences of the Website and the service operation and for their meeting of the Customers’ expectations and requirements.
7.3. We will not be liable for any distortion, alteration, and illusion of the Content display on the Website even if it caused a negative judgment against the Customer.
7.4. We shall not be liable for non-performance or improper performance of our obligations due to failures in the telecommunications and energy networks, actions of malicious programs, removal and/or failure of the software/hardware systems of Mighty Emu, as well as unfair actions of third persons to obtain unauthorized access, and other circumstances beyond our reasonable control.
7.5. The content on the website is informational only. We shall not be liable for inaccurate data and for possible losses which can be caused by using information from the Website.
7.6. If Mighty Emu are found liable for the Customer’s violation of the rights and/or interests of third persons as well as other provisions of law, the Customer shall reimburse fully the losses suffered by us in connection with such violation.
7.7. The Customer acknowledges that any violation of this Agreement will end in permanent harm to us. Thus, in addition to our rights and remedies otherwise available at law, we will be entitled to justifiable relief, including both a preliminary and permanent injunction, if such a violation takes place.
8.1. The Customer acknowledges and that all the terms of this Agreement are clear and accepts them unconditionally.
8.2. Relating to the Customer’s use of our Website and Models, this Agreement represents the entire agreement and understanding between the Customer and Mighty Emu.
8.3. If, for any reason, one or more terms of this Agreement are invalid or unenforceable, at this time they shall have no bearing on the validity or enforceability of the remaining provisions of this Agreement.
8.4. Questions, discord or claims not regulated by this Agreement are governed by the Applicable law.
8.5. Our details:
Mighty Emu Studios LTD
Company number: No. 7815503 Registered in England and Wales
Wealden House, East Grinstead, West Sussex, RH19 3TB, United Kingdom