Terms and Conditions
Last updated: October 23, 2018
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with https://www.blenderkit.com website (the "Site") and the Service (see definition bellow) operated by Blender Kit s.r.o. ("us", "we", or "our").
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
The Service comprises of the following software: an online database of 3D assets (materials, brushes, models) accessible via our BlenderKit addon only directly in Blender software. BlenderKit addon allows you to access the BlenderKit database, download content from that database to your hard drive and upload content to that database. The Service may not be used in the development of any other products or services. You or any third party is strictly prohibited from using BlenderKit assets or user’s assets in any other products or services or develop products and services that compete with Blender Kit s.r.o. products and services.
Accounts / Users / Creators
When you create an account with us, you must provide us information that is accurate, complete, and current at all times in order to become the User. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
You are responsible for all activity that takes place under your user ID (email address). It is your responsibility to maintain the confidentiality of your user ID (email address) and password.
By signing up to this Service you agree to register using a valid email address that you are entitled to use and that is not hosted by any temporary email service.
You acknowledge that your uploaded Content will be rated by other Users of the Service.
This Service may not be accessed or used by any person, entity or group that have been designated for sanctions under the economic sanctions laws, regulations and orders taken by the European Union, the United States and other countries. Your access and use of the Service constitutes your express representation that you are not subject to any trade sanction or embargo, including, but not limited to, by virtue of your designation for sanctions and inclusion on: (i) the Specially Designated Nationals List maintained by the U.S. Department of the Treasury, Office of Foreign Assets Control; (ii) any list of persons, entities and bodies subject to restrictive measures implemented by the European Union; or (iii) any UN Security Council resolution identifying sanctioned or restricted parties. You shall be fully liable to the full extent of the law for any violations of this paragraph, and you hereby agree to defend, indemnify and hold BlenderKit s.r.o, harmless from and against any and all such damages and liability.
The Content comprises of the following assets for the software Blender only: models, PBR materials and brushes.
You are entirely responsible for all Content that you upload to the Service. You agree not to upload to the Service any Content that:
- is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to BlenderKit s.r.o. or other users of the Service;
- includes unauthorized disclosure of personal information and data. This includes any images of a human being.
- violates or infringes anyone's intellectual property rights;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- contains unauthorized third-party commercial advertisements.
BlenderKit s.r.o. reserves the right to edit or remove Content that violates the aforementioned terms.
You agree that all Content uploaded via the Service shall be free to use or disseminate on an unrestricted basis for any purpose, and you grant BlenderKit s.r.o. and all other users of the Service an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing of any information that you may provide via the Service.
BlenderKit s.r.o. does not claim ownership of the Content you upload via the Service and shall have no obligation of any kind with respect to such Content. Any Content you provide in connection with this Service shall be deemed to be provided on a non-confidential basis.
BlenderKit s.r.o. retains the right, in its sole and absolute discretion, to monitor, edit, prohibit, or remove any Content, at any time, without prior notice, for any reason. This right of BlenderKit s.r.o. shall in no context be interpreted as BlenderKit s.r.o.’s obligation to monitor the accuracy and quality of the Content.
BlenderKit s.r.o. implements and maintains business practices of possible improving categorizing Content in various categories (such as “Model > Nature > Animal” or “Material > Metal”) in order to maximize user satisfaction. By accepting this General Terms the Creator hereby grants the right to BlenderKit s.r.o. to perform such Content categorization upon BlenderKit s.r.o.’s own judgment.
By uploading Content to the Service and offering it for free download, the User (Creator) accepts the terms herein. By downloading Content from the Service, the User accepts the terms herein.
These terms apply in conjunction with General Terms.
Rights, Obligations and Representations of the User (Creator)
Users (Creators) may only upload Content they own or otherwise have the right to use and upload. Blender Kit s.r.o. does not own any Content uploaded by Users.
By uploading Content, the User (Creator) shall be deemed to represent that such Content and use of this Content permitted by General Terms does not infringe the intellectual property of any other party and that the User (Creator) had obtained all necessary model or property releases for use and licensing of the Content. All Users should consult their own legal advisors to determine whether a particular model or property release form and (or) any applicable contract is suitable or necessary for uploading particular Content or for a particular use of a Content, or whether such use is a fair use. Users (Creators) should understand that licenses of Content without a release attached may be negatively impacted, if a release is deemed necessary by Users or their legal advisors.
Users (Creators) may not upload Content that violates any international or domestic law, statute, ordinance, or regulation. Content cannot be defamatory, libelous, pornographic, obscene, offensive or evocative of racial hatred of any kind, and cannot contain any viruses, spam, malware or other programming routines that detrimentally interfere with computer systems or data.
Users (Creators) should keep a backup of their own uploaded Content at all times. Users’ (Creators’) files uploaded to the Service cannot be used as a backup source.
For any Content uploaded to the Service or otherwise submitted to Blender Kit s.r.o., the User (Creator) grants and represents that he has the authority to grant to Blender Kit s.r.o. a non-exclusive, worldwide, royalty-free, license.
By uploading Content to the Service, the User (Creator) represents and warrants that:
- the Content is his original work, and contains no copyrighted material of any kind that User (Creator) is not the exclusive owner of.
- User (Creator) has full right and power to enter into and perform this agreement, and have secured all third party consents necessary to enter into this agreement;
- the Content does not and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights;
- the Content does not and will not violate any law, statute, ordinance or regulation;
- the Content is not and will not be defamatory, libelous, pornographic, obscene or evocative of racial hatred of any kind;
- the Content does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data;
- the Content does not contain any material that, as a condition of use, requires additional license restrictions such as requiring the publication of source code or Content that limits commercial exploitation of Incorporated Content;
Rights, obligations and representations of the User
The User may not use the Content, downloaded from this Service in a manner that infringes the intellectual property of any other party. The User may not reverse engineer any Content and must abide by the terms of the license granted to the User under this General Terms, as well as any additional User (Creator) terms included with the Content.
Terms of License Agreement Between the User (Creator), Blender Kit s.r.o. and the User
General Terms of Licensing
Upon uploading the Content to the Service, the terms of Royalty Free or Creative Commons Zero license will be applicable, depending on the license the Creator chooses when uploading the content.
The license to use the Content is non-exclusive, non-transferable and is granted only to you as the User.
Royalty Free License
Product may not be sold, given, or assigned to another person or entity in the form it is downloaded from the Service.
The User’s (Creator’s) license to Content in this paragraph is strictly limited to Incorporated Content. Any use or republication, including sale or distribution of Content that is not Incorporated Content is strictly prohibited.
The User (Creator) grants to the User who purchases license rights to Content and uses it solely as Incorporated Content a non-exclusive, worldwide, license in any medium now known or hereinafter invented to:
- reproduce, post, promote, license, sell, publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes
- use any trademarks, service marks or trade names incorporated in the Content in connection with User (Creator) material;
- use the name and likeness of any individuals represented in the Content only in connection with Your material.
Absent a written grant of rights greater than that contained in section “Royalty Free License”, all other rights or sub-divisions of rights generally included in copyright are excluded from this license and remain the property of User (Creator).
The resale or redistribution by the User of any Content, obtained from the Service is expressly prohibited unless it is an Incorporated Content as licensed above.
Warranties and Liability
BlenderKit s.r.o. cannot and shall not provide any warranty and accept any liability for any Content. The Users are solely and exclusively liable for all Content that they upload, download and (or) otherwise provide or acquire to or from the Service. As BlenderKit s.r.o. cannot guarantee that the Content you download or access via the Service is problem-free, our liability to you is limited, as described below. You are also agreeing to indemnify us. We cannot provide a warranty for the Content provided via this Service.
You agree to indemnify, defend and hold harmless BlenderKit s.r.o., its affiliates, and their respective officers, shareholders, partners, representatives, agents and employees from any and all liability, loss, damages, claim and expense, including reasonable attorney's fees, related to or arising from your violation of Terms and Conditions, your use or misuse of the Service and (or) Content, or any infringement of any intellectual property or other right as a result of the of Content or your use or provision of the Content. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which you will cooperate with us in asserting any available defenses.
Being only a platform for exchange of Content, BlenderKit s.r.o. has no control over the quality or legality of any Content provided by this Service or the accuracy of any related information. It is your full responsibility to ensure and evaluate the quality and legality of any Content and its use. You agree that BlenderKit s.r.o. shall have no liability for any misrepresentation, incomplete statement or failure to disclose any Content data, or for any claims arising from a transaction resulting from your use of the Service.
BlenderKit s.r.o. makes all commercially reasonable efforts to ensure that all material, information and data on this Site are accurate and reliable; however, accuracy cannot be guaranteed.
By accepting this General Terms you acknowledge and agree that your use of this Service and (or) Content is at your own discretion and risk, and that you are solely responsible for any damage that results from the download and use of any Content.
BlenderKit s.r.o. does not warrant or guarantee that Content or other materials and information available through this Service will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. You should take all reasonable appropriate precautions against such code and (or) software.
BlenderKit s.r.o. is not liable to Users of this Service for any damage resulting from use of this Service or use of Content obtained from this Service, and is not in any way responsible for the conduct of Users of this Service or for Content posted or exchanged on this Service.
No advice or information, whether oral or written, obtained by you from BlenderKit s.r.o. or in any manner from this Service shall create any warranty.
Because Content is delivered via the Internet, there may be some circumstances where the delivery of Content is delayed. In no event will BlenderKit s.r.o. be liable for any delays in delivery or performance caused by your failure to provide necessary and accurate information in a timely manner, or caused by circumstances or causes beyond BlenderKit s.r.o.’s reasonable control.
All BlenderKit s.r.o.’s notifications shall be sent via email at the address you provided to BlenderKit s.r.o. when you created your account or as later updated. You hereby agree and acknowledge that BlenderKit s.r.o. shall notify you using either of aforementioned notification means at its own discretion and is not responsible to notify you in any other way.
Contests and Promotions
Any contests or promotions created by BlenderKit s.r.o. on https://www.blenderkit.com may be governed by its own set of official rules, which may have eligibility requirements, such as certain age or geographic area restrictions. By entering or participating in such contests, you will become subject to those official rules. It is your responsibility to read the applicable rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements.
Purchases and Payment
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information. including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars. You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing. even if we have already requested or received payment.
The Customer can make Payments by Payment Cards to the User 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 the Customer to PayU.
Please review our refund policy published on the Site prior to making any purchases.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Blender Kit s.r.o..
Blender Kit s.r.o. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Blender Kit s.r.o. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture between Blender Kit s.r.o. and you. Neither party hereto shall have any right to obligate or bind the other party in any manner whatsoever, nor nothing herein contained shall give, or is intended to give, any rights of any kind to any third persons.
These Terms shall be governed and construed in accordance with the laws of Czech Republic, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Limitation Of Liability
In no event shall Blender Kit s.r.o., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Blender Kit s.r.o. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.