Terms and Conditions for creators
The BlenderKit Terms and Conditions for creators regulate the process of uploading products to the BlenderKit interface, the possible terms of remuneration of the creator for the products, and other provisions related to use of the interface.
The Terms for creators apply in case you upload the products to the interface. In some provisions, the Terms for creators refer to BlenderKit Terms and Conditions for users.
1. DEFINITIONS AND GENERAL PROVISIONS
- In the Terms for creators the following expressions are further used as defined below:
- Terms for creators are the BlenderKit Terms and Conditions for creators as amended;
- product means 3D models, brushes, materials and similar assets which you upload to the interface and which are presented therein;
- project means a product, image, service or software (including computer or video games, mobile or computer applications), or any other project created by the user 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 (or “you”) is a person that uploaded the product to the interface;
- contract is any contract concluded between you and the operator under the Terms for creators;
- licence contract is any contract concluded between you and the user under the Terms and Conditions for users;
- user means a person using the interface and/or acquiring products via the interface in accordance with Terms and Conditions for users;
- 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.
- Please note that we act only as an intermediary between you and the user. You grant the licence to the user yourself, it is not granted by us.
- 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 for creators, we refer to Application with our interface installed in it. The products are uploaded to the interface via a designated section of the interface. In order to fully use the interface (e.g. to upload products), you must be connected to the Internet.
- You express the consent and the acquaintance with the Terms for creators by uploading your first product to the interface and also by confirming the acknowledgement of the Terms for creators in the interface.
2. REGISTRATION, UPLOAD OF A PRODUCT AND CONCLUSION OF A CONTRACT
- In order to upload a product to the interface, you must first register as a user in accordance with Terms and Conditions for users.
- If you want to offer your products for download through the interface, you need to upload them to the interface. During the uploading process, you must fulfil the necessary information and comply with conditions stipulated (for example on the size of the product) in the upload form. You are especially obligated to choose whether the product shall be available to all users of the interface or only to the subscribed users, and to choose a licence type under which the specific product shall be distributed to the users. Available licence types are “Royalty-free licence” or “CC0 licence”. Your rights and obligations under the Terms for creators shall refer to all licence types unless specified otherwise.
- The contract related to the particular product between you and the operator is concluded as of the moment you hit the “Upload” button. By the contract, the operator undertakes to publish your product in the interface (unless stated otherwise) and to allow users (chosen in accordance with Article 2.2. of the Terms for creators) to download it. The operator also undertakes to pay you remuneration for downloads of the product in accordance with Article 4 of the Terms for creators.
- The publication of the product in the interface can be subject to our consideration, before or after the publication of the product in the interface. In such case, you shall be informed via the interface and your user account. We are not obligated to publish the product. If our consideration shall be utilized after the publication of the product, we are entitled to delete the product from the interface. We are not obligated to tell you the reasons for not confirming the publication. If we do not confirm the publication of the product, the contract related to the particular product concluded in accordance with Article 2.3. of the Terms for creators shall terminate.
- Please note that the product you intend to offer for download through the interface must have sufficient quality. We are authorized to delete a product which does not meet our quality standard requirements, which are stated on the website and in the interface.
- Users are able to rate your products via the interface.
- By uploading a product to the interface, you give us a licence to publish, promote and offer your product for download to users in the interface. The licence also authorizes us to alter the product, further process it, merge it into another work or include it in a collected work, and alter or otherwise change the identification of the product. The licence granted to us under this paragraph is gratuitous, non-exclusive, unlimited in quantitative terms, worldwide and lasts for the entire duration of author’s property rights to the product. We are authorized to sub-license or transfer this licence to another subject. We are not obligated to use this licence. We are also entitled to use the product in other render engines and similar software. We will publish your nickname or name, if you have provided it to us, together with the product.
- You provide a licence for the use of the product directly to the user; we are not a contracting party of the licence contract concluded between you and the user.
- By uploading a product to the interface, you give the users a proposal to conclude a licence contract. If a user downloads your product through the interface, a licence contract is concluded between you and the user.
- You provide the user a licence under the Terms and Conditions for users and to the extent stipulated therein. The scope of the licence you provide to the user is in particular, but not exclusively, stipulated in Article 5 of the Terms and Conditions for users. Those are the terms of the licence contract concluded between you and the user.
- If a user contacts us because of the defect of your product, we shall refer the user to you. You are obligated not to harm our reputation or reputation of third parties when concluding and fulfilling the licence contract with users.
4. REMUNERATION, FAIR SHARE SYSTEM AND PAYMENT CONDITIONS
- We are obligated to remunerate you for the downloads of the product by the subscribed users through the interface in accordance with conditions set herein.
- Your remuneration depends mainly on number of downloads and uses of the product by subscribed users, evaluation by users (as stipulated in Article 2.6. of the Terms for creators) and on the estimated complexity of the product (hereinafter referred to as “Fair Share system”). Details on the Fair Share system are stated on the website. Please note that downloads from regular users that are not subscribed to the interface do not count into your remuneration.
- You acknowledge that from the subscription fees paid by the users, a portion shall be paid to fund the development of Application (or open-source in general), the costs of operation of the interface (including remuneration paid to the referral link partners and payment fees) and our remuneration. The rest shall be distributed among the creators based on the Fair Share system.
- Your remuneration shall be attributed to your user account in the form of BlenderKit Credits at the end of the month. 1 BlenderKit Credit shall equal 1 US Dollar. Via the user account, you can use the BlenderKit Credits to buy yourself a subscription at the interface in accordance with Article 3 of Terms and Conditions for users or to authorize us to transfer your BlenderKit Credits to fund the development of the Application (or open-source in general).
- If you want us to pay you the BlenderKit Credit in money, contact us either through your user account or via e-mail with your request. We will pay you the requested amount in US Dollar currency to a bank account which you have informed us about. We will make the transfer within 14 days from your request. Minimum amount which you can request us to pay you is 5 US Dollars (i.e. 5 BlenderKit Credits).
- You are liable that you are the author of the product or you are authorized by the author of the product to upload and licence the product via the interface. You are also liable that you are the holder of all industrial rights (e. g. trademarks, patents, registered designs) and other intellectual property rights related to the product. However, you are not responsible for how the user uses the product. In particular, you are not liable if the user uses the product in violation of applicable law. You are responsible for ensuring that your conduct in relation to the product and licence granted under the Terms and Conditions for users will always be in accordance with the Terms and Conditions for users, Terms for creators 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.
- The operator 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) incurred to the creator arising out of or in connection with the products and the interface to the extent permitted by applicable law, by the Terms and Conditions for users or by the Terms for creators.
- If the product you uploaded to the interface violates the conditions stipulated in the Terms for creators (in particular Article 5.1. of the Terms for creators), the Terms and Conditions for users, applicable law or good morals and consequently any performance will be enforced from us and/or the user by a third party, you undertake to compensate us and/or the user for the damage you have caused to them by your conduct in full.
- You agree to indemnify and hold both us and the user 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 the use of your product.
- 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 for creators, applicable law or good morals on your part.
- 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 on 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 for creators, 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.
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.
6. DURATION OF THE CONTRACT AND ITS TERMINATION
- The contract is stipulated for an indefinite period of time.
- You can always terminate the contract related to the particular product by deleting or unpublishing a product from the interface via your user account. However, this shall not affect licence and other contractual stipulations concerning downloads of this particular product already conducted by users.
- We can always terminate the contract related to the particular product by deleting or unpublishing a product from the interface. If we do so because you violated the Terms for creators, good morals or applicable law, we are entitled to not pay you a proportional part of your remuneration (corresponding to a remuneration you would otherwise receive for this product).
- We can withdraw from the contract if you severely or repeatedly violate the Terms for creators, good morals or applicable law. In such case, we are entitled to not pay you the whole remuneration we have not yet paid to you. A severe violation of the Terms for creators shall mean in particular, but not exclusively, your violation of Articles 3.5. and 5.1. of the Terms for creators.
- The contract can always be terminated by our mutual agreement.
7. PROTECTION OF BUSINESS SECRET
- During negotiating the contract and its fulfilling you can be told information that is pointed to be private or which is obviously private (e. g. information about our financial situation, our business policies, business secrets or know-how). You are obligated to:
- keep the information private;
- not provide the information to third persons without our consent;
- not use the information for another purpose than for fulfilling the contract;
- not use the information for any harmful purpose.
- You are not entitled to make copies of the documents received by the operator without operator’s explicit consent.
- Your obligations stipulated in this Article 7 of the Terms for creators shall stay effective also after the contract terminates unless the applicable law states otherwise.
- In case you violate this Article 7 of the Terms for creators, you shall be obligated to pay us the damage that has been incurred by your conduct, in full.
8. FINAL PROVISIONS
- The operator is entitled to change and supplement the Terms for creators 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 for creators takes effect. If you do not accept the change or supplementation of the Terms for creators, 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 for creators. The up-to-date version of the Terms for creators is always available on the website.
- The parties agree on local jurisdiction of the court of the operator to settle any disputes which may arise in connection with the contract.
- 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 for creators 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 for creators 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 for creators or contract.
The Terms for creators are valid and effective as of 20 May 2021