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Terms and conditions - Evermotion

Art. I. General provisions

This 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, on Evermotion website.

§1 Glossary of terms:

1. Evermotion – Evermotion 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 Agreement for purposes solely other than related directly to his 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 the separate law – performing business activity on its own behalf as per the provisions on the legal act on freedom of economic activity dated 2 July 2004 (Journal of Laws No 173, item 1807 with further amendments)

4. Transactions – procedure of entering into sales agreements for the Products between Evermotion and the User,

5. User – is a Consumer or an Entrepreneur performing Transactions,

6. Licence for Evermotion Products - licence, under which Consumer 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.

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. Archshaders– files of certain texture, imitating the given material and enabling to give external appearance 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 – a User who has an account on the Evermotion portal,

11. Unregistered User – a 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 – procedure for opening the Account,

15. Basket – the Evermotion Products chosen by the potential User as products for which it consideres the acquisition of licence, which tafter clicking the relevant key, were added to the Basket. The potential User can, at any time, translate the data from the Basket into the order. Before making a Transaction, the potential User can, at any time, delete the Products from the Basket.

16. Regulations – these Regulations,

17. Reseller – entity reselling the Evermotion Products.

18. Virtual Cash (VC) – virtual funds granted to the Account under terms of Evermotion terms and conditions.

§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 or through Google+ application.

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 name under which the User will identify himself (this is, login) 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 by 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 detail in Art. II §5 of the 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 orders of Evermotion Products.

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 secret the password to his/hers Account.

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 within the meaning of the legal act dated 4 February 1994 on copyrights and the related rights (Journal of Laws dated 2006 No 90, item 631 as amended) 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 6 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 licence agreements.

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 represents enclosure No 1 to these Regulations.

2. Concluding the Agreement through the Evermotion Store occurs by placing an order on the website of Evermotion Store. Conclusion of the agreement and its provisions are confirmed by the Client immediately.

3. For placing and order with the Evermotion Store it is not required to make the Registration of the Account. The User can place an order as an Unregistered User.

4. When placing an order the Unregistered User shall give the following information: name and surname, e-mail address, full name of the entity (namely, business name) and address of the registered office, contact address, contact phone number and VAT and the European VAT number if the User has it.

5. In order to place an order the Unregistered User after choosing a given Evermotion Product and after accepting the Licence, clicks “Checkout” bookmark. Then, the Unregistered User fills out the required fields and chooses the method of payment.

6. After logging to the Account the User places an order by adding a given Evermotion Product to the Basket an clicks the “Checkout” bookmark. When logging in the Registered 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 and the type of delivery.

7. 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.

8. The purchased Evermotion Product which is available in download version after making the payment will stay in the Account within the time set out in Art. I §2 section 7 of the Regulations.

9. Automatically after making the payment by the User, but not later than within maximum 3 days from recording the payment of the given fee for the purchase of the Evermotion Product, Evermotion shall hand over the Evermotion Product to the User. If no payment is received by Evermotion within fixed period of time, the agreement is considered not to be concluded.

10. 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 €. It is possible to calculate the price into other currency automatically after clicking the currency selection bookmark.

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

4. 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.

5. 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%.

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

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

8. The payments can be made by the User via PayPal site, or by transfer directly to Evermotion bank account.

9. In case of transfer payments effected directly to Evermotion bank account made by the Users which are Entrepreneurs a handling fee of 5€ is added to the remuneration as an operating fee.

10. The purchased Evermotion Product is automatically available after making payment by the User and recording the received payment by Evermotion.

§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 Terms and conditions of participation in the Evermotion Partner Program – Virtual Cash

1. Evermotion Partner Program is 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. The duration of the Evermotion Partner Program is indefinite and covers the period starting from 5 October 2015.

2. Obtaining Virtual Cash

a. VC is granted solely to the Account and cannot be refunded or exchanged for cash.

b. VC will be automatically assigned to the Account containing Partner Points on the release date of the new program. VC will replace the current loyalty program named Partner Points. Users holding Partner Points on their Accounts at the release of the VC Evermotion Partner Program will have them exchanged by Evermotion into the VC in a ratio of 10:1. Therefore, 100 Partner Points shall equal 10 VC.

c. VC is granted for finalized transactions of the selected Products in the Evermotion Store. The amount of VC that the User will receive after the closing of the Transaction is displayed to the User before approving that Transactions. After completion of the Transaction, the User receives a certain percentage of the net value of the Transactions in VC. The maximum amount of VC obtainable for the selected Product is also displayed on the pages of the Products covered by the loyalty program.

d. The User does not receive VC for the price (or its part) covered in VC.

e. Evermotion reserves the right to sell packets of VC in the Store.

f. The Users may also acquire VC in the selected actions run by Evermotion e.g., the User may be granted VC in return for completing a survey, reviewing Products, preparing a tutorial, winning the Editors’ Choice Award, the Forum Users’ Award, the Best of Evermotion Award, and for winning the competition organized by the Evermotion and other promotional campaigns.

g. Evermotion reserves the right to apply changes into the scope of the Products covered by the VC program.

h. Evermotion reserves the right to change VC acquiring rates, disable VC acquiring or remove packages from the Store at any time and for any duration.

i. VC is valid for a maximum of 365 days from the date of the grant. Any increase in the amount of VC on the Account will prolong the validity of all points on Account to 365 days from the date of growth. The periods of validity do not add up.

3. The User can use the VC in the Evermotion Store only, and only on the selected Evermotion Products.

a. VC can be used when placing orders for the selected Products (in the first step of the ordering process). The use VC decreases the net price of the selected Products, therefore no VAT shall be due for the amount decreased with VC. For this purpose, one unit of VC shall have a value of 1 (one) Euro.

b. If the User wants to use the VC when placing an order, it may be done by combining VC with real currency. No more than 70% of total basket net amount (provided that all the Products in the basket were selected by Evermotion to be available with VC) can be paid with VC in this case. The User receives an invoice for the Products in the amount, which was covered in real currency. In such case, the User also receives VC for a net amount, which was covered in real currency.

c. As an exception for the provisions of Art. I §5 section 3 point. b. of the Regulations, if there is enough VC on the Account to cover 100% of the price of the Products without spending real cash, the User can choose the Transaction to be covered entirely virtually (with VC).

4.The Transaction covered with the VC are initialized by adding the Products to the basket and specifying the quantity of VC selected to pay for the Products. After confirmation the Transaction is executed in the same way as above.

5. The Transactions covered entirely with VC are not a subject of an invoice.

6. The other rules:

a. VC can not be withdrawn from the Account, exchanged for cash or transferred to another user. VC is assigned exclusively to the Account and can be exchanged for the selected Products on the terms described above.

b. VC is awarded after completion of the Transaction and can only be used in the next Transactions.

§6 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 “CustomerZone” bookmark.

3. After making the purchase of the Evermotion Products, the Unregistered User receives the link with the password to download the purchased product. The Registered Users use their own password and login.

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

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

§7 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, Evermotion, 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 shall not exceed the actual damages suffered by him.

4. The User is entitled to file complaints regarding the sale of Products

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. Claims will be processed in the order they are received by Evermotion.

7. Evermtion would consider the complaint within 14 days (according to Polish law) from the date of receipt of the complaint. 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. Evermotion is liable to the User who is a Consumer for non-compliance of purchased Evermotion Products with this Agreement under the terms of the Act of 30 May 2014 about consumer rights.

9. Provisions for warranty for defects of the things do not apply to purchases made by entities conducting business or professional activity within and on the needs of the business.

10. The User does not have the right to withdraw or abandon the Transaction after the order on the website of Evermotion under Art. 27 of the Act of 30 May 2014 about consumer rights in accordance with 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 the Consumer before the deadline to withdraw from the contract which the consumer was informed and agreed to by accepting the Regulations.

Art. III. Final Provisions

§1 Privacy Policy

1. When placing an order the Unregistered User agrees conscientiously on the processing and use of the personal data for the purpose of order execution.

2. When registering the Account the Registered User agrees conscientiously on the processing and use of the personal data for the purpose of order execution as well as for the execution of EPP.

3. The administrator of personal data being processed is Evermotion. Personal data shall not be processed or used for any purpose other than that specified in paragraph 1 above.

4. The personal data stored in the database of the Evermotion Store are processed only for the purpose of suiting its needs and are made available to other entities related to Evermotion.

5. The personal data are collected with due diligence and are proprly protected against the unauthorised access as per the legal act dated 29 August 1997 on the protection of personal data (Journal of Laws dated 1997 No 133 item 883 as amended).

6. The User can inspect his personal data, correct them and request to cease the making use of them.

§2 Cookies policy

1. Cookies files are computer data, in particular, text files which are stored on the final device of the service User and used for viewing the internet websites.

2. Cookies usually contain the name of the internet site which they originate from, the time of storing them on the final device and the unique number. Cookies files are used for:

a. adjusting the content of the websites of the Service to the User’s preferences and optimizing the website usage; in particular, these files help to identify the device of the service user and display the website respectively, suited to the User’s own needs;

b. maintaining the service user’s session (after logging in) thanks to which the user does not have to log in and give the User’s password again on each service subpage.

3. There are two kinds of cookies used within the service: “session” (session cookies) and “permanent” (persistent cookies). The first kind of cookies are temporary cookies which are stored on the final device of the user by the time the user has logged out, left the internet site, or disconnected the software (internet browser). “Permanent” cookies files are files stored on the final device for the time defined in the parameters of the cookies files, or by the time of their manual deletion by the user.

4. The standard software used for browsing internet sites (internet search engine) permits the storage of cookies files on the final device of the user by default settings. The User can change the settings of the internet browser so that to block the automatic handling of cookies files, or inform about their display on the device.

5. The detailed information on the possibility and ways of handling cookies files is available in the settings of the software (internet browser).

6. The exclusion of the cookies files application may result in improper operations of certain functions, or services available on the internet site.

§3 Changes of the Regulations

1. Evermotion can change the provisions of these Regulations. The change becomes 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.

2. The User shall be informed respectively about the changes made in the provisions of these Regulations and about the possibility of accepting them.

§4 Governing law

1. These Regulations are subject to the Polish law and shall be interpreted in accordance with this law.

2. The place of performing the service is Bialystok (Poland) and in case of Consumers the place of performing services is the place to which the Evermotion Products shall be transferred.

3. All potential disputes shall be settled by the court which has geographical jurisdiction over the place of service provision.

§ 5 Notices

If the Regulations otherwise provided, any notice, statement and correspondence relating to the 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.