Terms and conditions for users
The BlenderKit Terms and Conditions for users regulate relationships related to the use of the BlenderKit interface, in particular the possible terms of remuneration of the operator for subscription including payment methods, the process of acquiring a licence to the products presented in the interface BlenderKit and the scope of the licence, including the possibility to use the products presented in the interface.
The Terms apply also in case of the sale of the subscription to traders – natural or legal persons. In addition, if you purchase the subscription as a consumer (as defined in Article 8), you have the rights set forth in Article 8 (and also in other provisions) hereof. Rights under Article 8 of the Terms do not apply to traders, entrepreneurs and legal persons.
1. DEFINITIONS AND GENERAL PROVISIONS
- In the Terms the following expressions are further used as defined below:
- Terms are the BlenderKit Terms and Conditions for users as amended;
- product means 3D models, brushes, materials and similar assets which are offered in the interface by creators. The features of the product are set out in the interface;
- project means your product, image, service or software (including computer or video games, mobile or computer applications), or any other project created via the Blender software which the product is intended to be a part of;
- operator (or "us") is the company Blender Kit s.r.o., with its registered office at Ladova 2044/3, Nové Město, 128 00 Praha 2, identification no.: 07549946, VAT identification no.: CZ07549946, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 302876;
- creator means a person that uploaded the product to the interface;
- contract is any contract concluded between you and the operator under the Terms;
- licence contract is any contract concluded between you and the creator under the Terms;
- user (or "you") is a person using the interface and/or purchasing subscription via the interface;
- subscription means our service which enables you to access and download all products available in the interface for a specified time period after you purchase it;
- subscription fee means the price you pay to us for the subscription;
- Civil Code means Act no. 89/2012 Sb., the Civil Code, as amended;
- Application means Blender application, which is available to download at website www.blender.org;
- interface is the BlenderKit interface available to download in the Blender application, including all assets and functions of the interface. Where applicable, the interface shall also mean the website www.blenderkit.com, including all its assets and functions;
- website means our website www.blenderkit.com, including all its assets and functions.
- Our interface operates directly within the Blender software as an add-on. In order to use our interface, you need to first install the Application and then install the interface directly into the Application. More information about the Application can be found on its website www.blender.org. When we refer to Application further in the Terms, we refer to Application with our interface installed in it. In order to fully use the interface, you must be connected to the Internet.
- You express the consent and the acquaintance with the Terms by registration in the interface and also by confirming the acknowledgement of the Terms in the interface.
2. REGISTRATION IN THE INTERFACE
- By registering through the registration form on the website or in the interface, a user account is created. Keep the user account access data in secret. The operator is not responsible for any misuse of the user account by a third party. The registration itself is free of charge.
- The registration information provided must be true and complete. An account where false or incomplete data was used may be cancelled by the operator without compensation. In case of changes in your data, please make the appropriate adjustments in your user account immediately.
- The operator has the right to cancel your user account without compensation if your account is used in violation of good morals, applicable law or the Terms.
- You can use the interface partially (e.g. download certain products) without becoming a subscriber. These cases are always stated in the interface. Your rights and obligations arising from the Terms (in particular Articles 5 and 7 of the Terms) shall remain unchanged whether you are a subscriber or not.
- If you want to delete your user account you can contact us and we will delete it.
- You can also rate the products via the interface.
- If you want to gain access to all products available in the interface (and other functions of the interface), you need to become a subscriber. For you to become a subscriber, we need to conclude the contract of subscription. You can order the subscription via a form on the website or via your user account. The duration of the subscription is always stated on the website.
- By the contract of subscription, we undertake to enable you access to database of all products available in the interface. A portion of the subscription fee shall be paid to finance open-source development (in particular development of the Application).
- The number of products available in the interface can be subject to change. The operator does not guarantee that the number of products available in the interface database shall increase and/or remain the same.
- The number of product downloads per your subscription period is unlimited.
- The contract of subscription is concluded as of the moment we receive your first subscription fee and for the period stipulated in the order form. The contract of subscription is concluded in English unless we agree otherwise.
- The contract (including the Terms) is maintained by us in an electronic form. The contract is not accessible to third parties, but we will send it to you via e-mail or it can be printed and sent per post at your request.
- The operator is entitled to terminate the contract without notice if you breach the Terms, especially if you use the product in violation hereof or violate applicable law or good morals.
4. SUBSCRIPTION FEE
- The price of the subscription (subscription fee) is always stated on the website.
- We will send you instructions on how to pay the subscription fee using the payment gate PayU (used to pay by card stored in the system), via the payment service PayPal or with your BlenderKit Credits (if you are also a creator and you obtain BlenderKit Credits in accordance with Terms and Conditions for creators). Any other payment methods and potential extra fees connected with some payment methods are stated on the website.
- You can make payment by payment card in a simplified form, i.e. without the need to enter all payment card details each time. A token (virtual card identifier) shall be generated based on payment card details provided by you to PayU. Your card details are stored by PayU.
- Your obligation to pay the subscription fee is fulfilled as of the moment we receive the respective payment at our bank account. The price of the subscription fee is due without undue delay and within two working days at the latest. If we don’t receive the price when it is due, we reserve the right to withdraw from the contract.
- The payment of the subscription works on the principle of repeated payments (recurring payments) unless stated otherwise. After the first payment of subscription fee, you will be asked to authorize the settings of the payment. After that, the payments will then be made automatically and regularly (monthly, yearly or other stipulated subscription periods) in the same amount. If you want to end the payments, please inform us via our contact e-mail or change the settings in your user account. We will confirm the acceptance of your request without undue delay; in this case, the next payments will be stopped.
- If you want to renew your subscription after it was ended, you will need to authorize the settings of the payment again. The activation will be made through your user account within two working days after we receive the first payment of subscription fee at our bank account.
- Please note that we do not return subscription fee that has been paid. Your membership always lasts for the period which you paid for.
5. LICENCE CONTRACT AND LICENCE
- In the interface, there is a list of products including their main features. Through the interface, you can download the product to your user account. By pressing the "Download" button, a licence contract is concluded between you and the creator. The product will also be made available to you through your user account without undue delay. The product can be downloaded in the quality stated in the interface. For the purpose of the licence contract, use shall mean copying, reproduction, modification, distribution, display, broadcast, publication or other use of the product. Please note that we are not a contracting party of the licence contract.
- Your rights and obligations related to the product depend on the licence type chosen by the creator for the particular product. The licence type can be either “Royalty-free licence” or “CC0 licence”. The licence type chosen by the creator is always stated in the description of the product in the interface. Details of the licence types can be found on the website.
- The licence granted by the creator under the Terms is gratuitous, non-exclusive, worldwide and unlimited in quantitative terms unless specified otherwise. The licence under the Terms is granted for the duration of the author’s property rights to the product.
- You are allowed to incorporate the product into the project. You are allowed to redistribute the product as a part of the project, provided all conditions under the Terms are met. You are strictly prohibited to redistribute the product without the incorporation in the project; you are not allowed to create a project that consists only of a product. You are not allowed to grant a licence, sub-licence or other authorization to a separate product, or distribute it in any shape or form to a third party other than as part of your project. At the same time, you are obligated to secure your project so that the product cannot be separated from your project, for example, but not exclusively, through reverse engineering. You can also use the products to create physical objects such as 3D models or product prototypes, especially through 3D printers.
- If you violate the terms of this licence, you are required to pay us and the creator in full for any damage we or the creator incur as a result, even if the product was separated from your licence without your consent or knowledge. In that case, the licence granted to you under the Terms shall terminate.
- You are not authorized to use the product for the purpose of violating the applicable law, the Terms or good morals, and you are not authorized to create a project from the product that violates the applicable law, the Terms or good morals. You may not designate yourself or any other person (except the author himself) as the author of the product.
- You may use the products to create images for use mainly in TV programs, video projections, theatrical performances, promotional items, ads, social media and e-mail campaigns and marketing, website design, e-books, books, magazines, posters, postcards, clothing items, brochures, framed or printed works of art, household items, office supplies.
- You can also use the products to create computer games and other computer programs, virtual reality, simulations, web or mobile applications or to create other software (hereinafter jointly referred to as "software"). In this case, the product may only be used if it is made available solely to the users of the software itself and access to the product will be disabled outside the user's software. The product must be used in the project in such a format that it cannot be opened or separated by a third party. At the same time, the software may not contain any functionality that would allow end users to export any 3D model from the software or embed any open-format 3D model in the software.
- If the licence type for the specific product chosen by the creator is CC0 licence, it shall entitle you to use the product in any possible way which does not violate the applicable law, the Terms or good morals. The Article 5 point 4 of the Terms shall apply accordingly.
- Please note that we are not a contracting party of the licence contract. If you wish to make a notice of defect of a product, contact the creator directly. If you inform us about the defect of a product, we will inform the creator about it.
- You are entitled to make a warranty claim about provision of the subscription services in particular because they: (i) are not provided in accordance with the contract, (ii) do not correspond to the description in the interface, (iii) do not last for an agreed period of time, or (iv) are not provided on an agreed date. Please inform us immediately about the defect of the subscription services using our contact details, or within six months after provision of the subscription services at the latest. If the defect of the subscription services consists in them not being activated after you paid the price of the subscription services, we will activate them without undue delay. In other cases, the warranty claim will be settled not later than 30 days from the date of the assertion of the warranty claim, unless we agree otherwise. If the warranty claim is justified, you are entitled in particular to a provision of substitute and/or additional service, a discount from the price of the subscription services, and in case of a significant violation of the contract by us also to a withdrawal from the contract. Rights from defective performance do not belong to you if you have caused the defect yourself.
- The operator and the creator are not responsible for how you use the product. In particular, they are not liable for your use of the product in violation of applicable law, in particular those related to intellectual property rights, and the non-performance or incorrect performance of your legal obligations.
- You are responsible for ensuring that your conduct in relation to the product and licence granted under the Terms will always be in accordance with the Terms and applicable law. Your activity must not be contrary to good morals and public order and must not restrict the exercise of third-party rights.
- If you use the product contrary to the Terms, applicable law or good morals and consequently any performance will be enforced from the operator and/or the creator by a third party, you undertake to compensate the operator and/or the creator for the damage you have caused to them by your conduct in full.
- The operator and the creator are not liable for any damage caused by the product to your electronic devices, including damage to hardware or software.
- The operator and the creator shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the products to the extent permitted by applicable law or by the Terms.
- The operator and the creator make no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, suitability for a particular purpose, non-infringement, merchantability, or visual attributes of the products, and do not guarantee the accuracy or completeness of specifications associated with the products, including measurements, materials, general physical properties, regulatory compliance, other engineering or construction attributes.
- You agree to indemnify and hold both the operator and the creator and their subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, licensees, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of your use of the product or project.
- The operator is not liable for errors resulting from third-party interference with the interface or resulting from use of the interface contrary to its determination. When using the interface, you may not use mechanisms, software, scripts or any other process that could negatively affect its operation, i.e. in particular, interfere with the interface or impose a disproportionate burden for the interface, or to allow third parties to tamper with or use the software or other components constituting the interface without authorization and to use the interface or its parts or software in a manner inconsistent with its function or purpose.
- The contents of the operator's interface, including the website and the Terms, are protected by operator’s copyright and may be protected by other rights of other persons. You may not modify, copy, reproduce, distribute or use the content for any purpose without our prior written consent. In particular, it is forbidden to make available, for a consideration or free of charge, photographs and texts placed in the interface.
- We are not liable for errors resulting from third-party interference with the interface or as a result of its use contrary to its intended use. You may not use procedures that could interfere with the operation of the system or impose a disproportionate burden on the system when using the interface. You agree to indemnify the operator in respect of any costs, expenses, claims, proceedings or demands that may be made or may arise against the operator, its personnel, employees or agents in respect of any damage caused by the violation of the Terms, applicable law or good morals on your part.
If you engage in any unlawful or unethical behaviour while using the interface, we may restrict, suspend or terminate your access to the interface without compensation. In this case, you are also obligated to pay us the damage that has been demonstrably incurred by your conduct under this paragraph, in full.
8. INFORMATION FOR CONSUMERS REGARDING DISTANCE CONTRACT
- If you are a consumer, i.e. an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession, you are entitled to consumer protection under applicable law, in particular the Act no. 634/1992 Sb., on Consumer Protection, as amended.
- If you are a consumer, the Article 7.4. of the Terms shall not apply to you.
- As a consumer you primarily have:
- the right to information prior to the conclusion of the contract (the information is contained in the Terms or in the interface);
- the right to submit the dispute to the Czech Trade Inspection Authority (http://www.coi.cz/) or, alternatively, the Czech Consumer Association (http://www.konzument.cz), in order to carry out alternative dispute resolution procedure, if a contractual dispute arises between you as a consumer and us, that we have not been able to resolve directly. You shall exercise the right within 1 year of the date you have asserted the right subjected to the contractual dispute.
If you are dissatisfied with goods or services purchased, you can use the Online Dispute Resolution Platform developed by the European Commission (http://ec.europa.eu/consumers/odr/). It is also possible to use the Online Dispute Resolution Platform for the purpose of selecting the alternative dispute resolution bodies which offer out-of-court settlement procedures.
- Note that by expressing a consent with the Terms, you are giving an explicit consent with the provision of the subscription services before the lapse of the withdrawal period of 14 days. By giving the consent as a consumer, you are losing your right to withdraw from the contract of subscription without giving any reason in accordance with Section 1837 par. a) of the Civil Code if the subscription has already been activated. In that case, the subscription services are provided as of the moment we activate your subscription.
If you do not want to give the aforementioned consent, please contact us via e-mail. In that case, the subscription will be activated to you after the lapse of the 14 day withdrawal period after the conclusion of the contract of subscription. If you withdraw from the contract of subscription which we have already started to fulfil, we are entitled to a proportional part of the agreed price for the subscription provided to you until your withdrawal from the contract of subscription, in accordance with Section 1834 of the Civil Code.
9. FINAL PROVISIONS
- The operator is entitled to change and supplement the Terms at any time. In such case, you will be informed via e-mail and your user account at least 15 days before the change or supplementation of the Terms takes effect. If you do not accept the change or supplementation of the Terms, inform us about it via e-mail. Please note that you must do so before the change or supplementation takes effect. In such case, our rights and obligations shall be governed by original Terms. The up-to-date version of the Terms is always available on the website.
- Be advised that clicking on certain links in the interface may cause you to leave the interface and be redirected to third-party apps or websites.
- The Terms and any dispute or claim arising out of them (including non-contractual disputes or claims) are governed by or will be decided according to the Czech law.
- If any provision of the Terms is invalid, ineffective or inapplicable, or becomes so, such provision shall be replaced by a provision whose meaning is closest to the invalid, ineffective or inapplicable provision. The invalidity, ineffectiveness or inapplicability of one provision is without prejudice to the validity of the other provisions of the Terms or contract.
The Terms for creators are valid and effective as of 20 May 2021