- Scan3Dmall is an e-commerce platform owned by Marvel Digital Productions Limited (MDPL).
- All information on the Site is copyrighted proprietary material of Marvel Digital Productions Limited (MDPL) and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without MDPL’s prior permission. Except as expressly provided herein, MDPL do not grant any express or implied right to you under any patents, registered design, copyrights, trademarks, or trade secret information of MDPL.
- Scan3Dmall 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.
Warranties and Liability
This section contains important information regarding the liability of Scan3Dmall that every Member should read carefully and, if necessary, with the appropriate assistance of his legal advisor.
- Because Content is delivered via the Internet, there may be some circumstances where the delivery of Content is delayed. In no event will Scan3Dmall 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 Scan3Dmall’s reasonable control.
- Termination of this License Scan3Dmall may unilaterally terminate this license for the use of the Site at any time, without any prior notifications, if you are in breach of any of these terms and conditions of use, as judged in the sole discretion of Scan3Dmall. Termination of this license is in addition to the other rights and legal remedies available to Scan3Dmall and those rights are reserved. Upon such termination you must immediately destroy all information that you acquired from the Site.
- Notifications All Scan3Dmall’s notifications shall be sent to your notifications section under your profile dashboard or via email at the address you provided to Scan3Dmall when you created your account or as later updated. You hereby agree and acknowledge that Scan3Dmall shall notify you using either of aforementioned notification means at its own discretion and is not responsible to notify you in any other way.
- Indemnification You agree to indemnify, defend and hold harmless Scan3Dmall, 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 General Terms, your use or misuse of the Site 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.
- Limitation of Liability In no event shall Scan3Dmall or any of its affiliates, or their respective officers, shareholders, partners, representatives, agents and employees be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this Site or any linked web site or to any Content or other material obtained through this Site, or otherwise arising out your inability to use this Site or any decision made or action taken by you in reliance of any information, advice or materials on this Site, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Scan3Dmall has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the Site, even if this remedy fails of its essential purpose. As some jurisdictions do not allow the exclusion or limitation of liability to a certain extent, some of the above exclusions or limitations may not apply to you.
- No Warranty
7.1. By accepting this General Terms you acknowledge and agree that your use of this Site 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.
7.2. No advice or information, whether oral or written, obtained by you from Scan3Dmall or in any manner from this Site shall create any warranty.
Content License Agreement
- No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful manner, or in violation of any applicable regulations (including for sports content, any restrictions or credentials issued by a sports league or governing body) or industry codes. 2. No Standalone File Use. You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two exceptions:
- Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content. The rights purchased may only belong to you or your employer/client, depending on who is named as the “Licensee” at the time of purchase. In other words, if you purchase a royalty-free image, only one of you (and not both) may re-use that image for multiple projects.
- Subcontractors. You may allow subcontractors (for example, your printer or production house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors must agree to be bound by the terms of this agreement and may not use the content for any other purpose.
You will be responsible for tracking all activity of your account, and you agree to: (a) maintain the security of all passwords and usernames; (b) notify Scan3Dmall immediately of any unauthorized use or other breach of security; and (c) accept all responsibility for activity that occurs under your account. Scan3Dmall reserves the right to monitor downloads and user activity to ensure compliance with the terms of this agreement. If Scan3Dmall determines that you are in breach of this or any other term of this agreement, it may suspend access to your account and seek further legal remedies.
Intellectual Property Rights.
All of the licensed content is owned by either Scan3Dmall. All rights not expressly granted in this agreement are reserved by Scan3Dmall and the content suppliers. You may not assert any right to revenue from a collecting society in respect of photocopying, digital copying or other secondary uses of the licensed content.
- Termination. Scan3Dmall may terminate this agreement at any time if you breach any of the terms of this or any other agreement with Scan3Dmall, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to Scan3Dmall in writing that you have complied with these requirements.
– Social Media Termination.
If you use the content on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the content for its own purpose or in a way that is contrary to this agreement, the rights granted for such use shall immediately terminate, and in that event, upon Scan3Dmall’ request, you agree to remove any content from such platform or website.
- Refunds/Cancellation. All requests for refunds/cancellations must be made in writing or using the cancellation function on the Scan3Dmall’ website. Provided that the request is made within 3 days and the licensed content has not been downloaded, Scan3Dmall may cancel the relevant order and issue a full refund to your account or credit card. No credits or refunds are available for cancellation requests received more than 3 days from your receipt of content, or for research, lab, service or subscription fees, all of which are non-refundable.
- Content Withdrawal. Scan3Dmall may discontinue licensing any item of content at any time in its sole discretion. Upon notice from Scan3Dmall, or upon your knowledge, that any content may be subject to a claim of infringement of a third party’s right for which Scan3Dmall may be liable, Scan3Dmall may require you to immediately, and at your own expense: cease using the content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise. Scan3Dmall will provide you with replacement content (determined by Scan3Dmall in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.
Representations and Warranties.
Scan3Dmall makes the following representations and warranties:
- Warranty of Non-Infringement. For all licensed content (excluding content marked “access only”), Scan3Dmall warrants that your use of such content in accordance with this agreement and in the form delivered by Scan3Dmall (that is, excluding any modifications, overlays or re-focusing done by you) will not infringe on any copyrights or moral rights of the content owner/creator.
- Warranty Disclaimer. Unless specifically warranted above, Scan3Dmall does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted audio, designs, works of art or architecture depicted or contained in the content. In such cases, you are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the content, and you are solely responsible for obtaining such release(s).
- No Other Warranties. Except as provided in this section above, the content is provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Scan3Dmall does not represent or warrant that the content or its websites will meet your requirements or that use of the content or websites will be uninterrupted or error free.
Indemnification/Limitation of Liability.
- Indemnification of Scan3Dmall by you. You agree to defend, indemnify and hold harmless Scan3Dmall and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with (i) your use of any content outside the scope of this agreement; (ii) any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this or any other agreement with Scan3Dmall; and (iii) your failure to obtain any required release for your use of content.
- Indemnification of you by Scan3Dmall. Provided that you are not in breach of this or any other agreement with Scan3Dmall, and as your sole and exclusive remedy for any breach of the warranties set forth in Section 8 above, Scan3Dmall agrees, subject to the terms of this Section 9, to defend, indemnify and hold harmless you, your corporate parent, subsidiaries and affiliates, and each of your respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by Scan3Dmall of its warranties in the section of “Representations and Warranties”. This indemnification does not apply to the extent any damages, costs or losses arise out of or are a result of modifications made by you to the content or the context in which the content is used by you. This indemnification also does not apply to your continued use of content following notice from Scan3Dmall, or upon your knowledge, that the content is subject to a claim of infringement of a third party’s right.
- The party seeking indemnification must promptly notify in writing the other party about the claim. The indemnifying party (the one covering the costs) has the right to assume the handling, settlement or defense of any claim or litigation. The indemnified party (the one not covering the costs) has to cooperate in any way reasonably requested by the indemnifying party. The indemnifying party will not be liable for legal fees and other costs incurred prior to the other party giving notice of the claim for which indemnity is sought.
- Limitation of Liability. SCAN3DMALL WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOST PROFITS, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF SCAN3DMALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.