Creators 3D - Terms and Conditions

Fitix Visualization Ltd. d/b/a Creators3D ("Creators3D", "us", "our", or "we"), a company incorporated in the State of Israel with Company No. 515319911, has developed a platform through which professional 3D artists can find jobs for creation of 3D content ("Platform"). These Terms of Service govern your access to and use of the Platform and services available thereon ("Services"). Our Privacy Notice ("Privacy Notice") governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). "You" or "Artist" means an individual using the Platform and Services.

Please read these Terms carefully. By clicking on the button marked "I agree" you signify your assent to these Terms. Changes may be made to these Terms from time to time and your continued use of the Services following any changes to these Terms signifies your assent to the amended Terms. If you do not agree to any of these Terms, please do not click the button marked "I agree" and do not use the Services.

Use of Services
1. Subject to these Terms, Creators3D allows you to access and use the Platform and Services on a non-exclusive basis.
2. Use of and access to the Services is void where prohibited by law. You represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older and have the ability to form a binding contract; (d) your use of the Services does not violate any applicable law, regulation, or obligation you may have to a third party; (e) that you have sufficient experience, knowledge and ability to render create Models (as defined below) and to perform your obligations under this Agreement; (f) you shall comply with applicable laws, regulations, guidelines, and these Terms throughout your use of the Platform and/or Services; and (g) you have no agreements, relationships, or commitments to any other person or entity that: (1) conflict with the provisions of these Terms; (2) prevent you from performing your obligations to Creators3D under these Terms; or (3) prevent you from assigning rights to the Models to Creators3D and/or any of its customers. You undertake not to enter into any such conflicting agreement during your term of engagement with Creators3D.
Account Registration
1. In order to use the Services, you will need to have a registered account. To complete the registration process, you must provide your email address and a username and all (additional) registration information as requested by us. We may indicate that the provision of some information is optional, but your agreement to provide such information may assist us in providing you with improved Services. In addition, as part of the registration process, you will be asked to complete a questionnaire relating to your professional experience and preferences, such as your specialties and preferred programs to use. Your account will be assigned a rank based on your answers to the questionnaire and based on your usage of the Platform, such as Job Offers (as defined below) accepted and Models that you have created. We may also use your rank and previous experience to suggest Job Offers that may be of interest to you.
2. Creators3D may refuse to open an account for any individual at its sole discretion.
3. You agree to notify us immediately of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system and/or mobile device and all activity on your account, even if such activities were not committed by you. To the fullest extent permitted by applicable law, Creators3D will not be liable for any losses or damages arising from unauthorized use of your account or password, and you agree to indemnify and hold Creators3D harmless for any unauthorized, improper, or illegal use of your account, unless you have notified us via e-mail at info@creators3d.com that your account has been compromised and have requested that we block access to it, which we will do as soon as reasonably practicable. We do not police for and cannot guarantee that we will learn of or prevent, any inappropriate use of the Services.
Termination of Account
1. You acknowledge and agree that Creators3D may suspend or terminate your account at any time by providing three (3) days prior notice. In addition, upon occurrence of any of the following events, Creators3D may terminate your account with immediate effect and may take any other corrective action it deems appropriate: (i) violation of the letter or spirit of these Terms, (ii) fraudulent, harassing or abusive behavior, (iii) behavior that is illegal or harmful to other users, third parties, or the business interests of Creators3D; or (iv) if you provide Nonconforming Models (as defined below). If your account is terminated, you may not rejoin Creators3D again without express permission from Creators3D. Creators3D may make modify or discontinue the Services for all users at any time, provided, however, that such changes will not apply to outstanding Job Offers that have been accepted by you. Upon termination of your account for any reason, you shall not have any further access to any Content (as defined below) that may be available through your account and Creators3D may remove any Content associated with your account.
2. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.
3. You may termination of your Creators3D account at any time from within your account settings. Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
Job Offers and Models
1. Through the Platform you will be able to see listings of potential requests for creations of 3D models ("Models") based on photos, and associated details such as the job type, minimum Rank (defined below), delivery schedule, and fees ("Job Offer"). If you are eligible, based on your Rank, you may accept a Job Offer.
2. By accepting a Job Offer, you acknowledge that you have received all the information that you require to fulfill the Job Offer, including all required Creators3D Content (as defined below) and undertake to provide the Model in accordance with our specifications and the timeline. You are obligated to upload the Model to the Platform in the form of a 3D file format along with any other content and/or design requested in accordance with the Job Offer requirements. Prior to uploading the Model, you shall back up such Model, paying attention to data protection and integrity.
3. Please note that we put a strong emphasis on quality and punctuality. Any Model that (a) does not fully and satisfactorily comply with the specifications of the Job Offer; (b) is provided later than the requested delivery date; or (c) is designed at a lower quality than requested ("Nonconforming Models") will not be accepted by us. We may decide, at our sole discretion, whether to accept any Models provided by you and you shall have no claim in respect of any such decisions. In addition, per Section 3.1 above, we reserve the right to terminate your account if you provide Nonconforming Models.
4. Creators3D shall have exclusive ownership of the Models and you hereby agree that upon uploading a Model to the Platform, all right, title, and interest in and to such Model shall be assigned and transferred to Creators3D. You acknowledge that assignment of intellectual property rights hereunder (including any ownership of intellectual property rights as work made for hire) includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "moral rights". To the extent such moral rights cannot be assigned under applicable law and to the extent the following is allowed by the laws in the various countries where moral rights exist, you waive all moral rights in and to the Model.
5. You are strictly forbidden to publicize or show the Models created in connection with the Platform to any third party, or to publicize or show such Models on any other platform, including other websites, social media and/or as part of your portfolio.
6. Other than with respect to Content (as defined below) that we provide for inclusion in a Model, you may not incorporate any preexisting or other materials owned by a third party, including but not limited to open source ("Third Party Materials") without our prior written consent in each instance. To the extent any Third Party Materials are incorporated in a Model, you: (a) shall and hereby do grant us a non-exclusive, perpetual and irrevocable, worldwide, royalty-free, transferable and sub-licensable right to use, copy, reproduce, create derivative works of, publish and display such Third Party Materials in conjunction with the Model; (b) represent you have any right and license required under applicable law to grant us the license detailed in (a) above; and (c) shall be exclusively responsible for procuring any and all necessary licenses and rights to give effect to the foregoing grant, and for paying any applicable payments to the owners of any Third Party Works.
Compensation
In consideration of the provision of the Models, we shall pay you the amount specified in the Job Offer ("Fee"). Any Fees owing will be aggregated and paid immediately following completion of a job, provided that the aggregated amount of Fees is at least US$ 20.00 (twenty US dollars) ("Minimum Amount"). If the Minimum Amount has not yet been reached, the balance of Fees will continue to accrue until the Minimum Amount is reached and funds can be withdrawn. All amounts payable (including the Fee and Referral Fee, as defined below) are inclusive of any and all taxes, VAT and other governmental charges payable. Payments will be made via a third-party online payment processor as described within the Platform from time to time. You may be required to provide certain details in order to allow us to make payment to you. If you are directed to a third-party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's Personal Data collection practices. Please review such terms and conditions and privacy policy before using such services. Payment of any Fees or Referral Fees will be subject to the provisions of Section 14 below.
Referral Program
1. Certain Artists ("Referring Artists") may be invited to participate in our Referral Program ("Referral Program") and receive rewards for Qualified Referrals (as defined below), subject to the terms hereof. Approval of Artists to participate in the Referral Program shall be at the sole discretion of Creators3D and Creators3D may revoke such approval at any time. Artists shall not be eligible to participate in the Referral Program as Referring Artists during the first two months after registration as an Artist on the Platform.
2. Referring Artists shall be provided with a dedicated URL ("Link") that can be sent to artists who may wish to register as Artists on the Platform ("Referred Artists"). Each Link shall be active for a period of thirty (30) days, after which it shall expire.
3. The following shall be considered a "Qualified Referral":
  1. The Referred Artist registers as an Artist on the Platform after following an active Link, including providing relevant payment account details;
  2. The Referred Artist accepts a Job Offer and uploads a Model (geometry or texture) to the Platform; and
  3. Creators3D reviewed the Model and confirms that it was provided in accordance with the requirements and guidelines of the Job Offer.
  4. Confirmation of the submitted Model by Creators3D must be completed within 30 days of registration in order to be considered a Qualified Referral.
4. In respect of each Qualified Referral, each of the Referring Artist and the Referred Artists shall be entitled to receive a fee in the amount of $30 (thirty US dollars) ("Referral Fee"). Notwithstanding the above, the maximum number of Qualified Referrals for which any one Referring Artist may be eligible for a Referral Fee is three, such that the maximum Referral Fee that any Referring Artist may receive is $90 (ninety US dollars). This will not affect the eligibility of any Referred Artist to receive a Referral Fee. For example, if one Referring Artist referred five Referred Artists who have each completed the requirements for a Qualified Referral, the Referring Artist shall be entitled to receive $90 in respect of the first three Qualified Referrals and each of the five Referred Artists shall be entitled to receive $30.
5. The Referral Fee shall be paid in accordance with the terms for payment of Fees as set out in Section 5.
6. Your participation in the Referral Program must at all times comply with industry standards, applicable laws and regulations, including the Federal Trade Commission's Guides Concerning the Use of Testimonials and Endorsements in Advertising, and Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act). Your activities in connection with the Referral Program shall at all times be conducted in a professional and lawful manner, shall reflect positively on Creators3D, and shall not be harmful to Creators3D's reputation. Sending unsolicited commercial emails or other messages that may be considered SPAM is expressly prohibited. You may not promote the Link by way of any paid link or advertisement. You may not offer any incentives to any individuals, such as payments or other benefits, that would induce anyone to use the Link or obtain any products or services from Creators3D. To the extent Creators3D believes, at its sole discretion, that your activities in connection herewith do not comply with the requirements detailed in these Terms or that your activities reflect poorly on Creators3D or may be harmful to its reputation, Creators3D may revoke the right to participate in the Referral Program.
7. Creators3D reserves the right to terminate or suspend the Referral Program at its sole discretion.
Content
1. Certain types of content may be made available through the Services. "Content" as used in these Terms means, collectively, all content on or made available through the Services, including any images, photos, pictures, content to be included in connection with design or creation of Models, and any modifications or derivatives of the foregoing. You may not use any Content for any purposes other than creation of the Models as permitted hereunder.
2. Content comes from a variety of sources. You understand that Creators3D is not responsible for the accuracy, usefulness, safety, appropriateness, or infringement of any intellectual property rights of or relating to the Content. You hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto.
3. CREATORS3D DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION THERETO.
User Content Restrictions
1. Creators3D has no obligation to accept, display, or maintain materials you provide ("User Content") or any Models. Moreover, Creators3D reserves the right to remove and permanently delete any User Content or Models uploaded by you, without notice and for any reason. You are and shall remain at all times fully and solely responsible for any User Content or Models that you provide. You represent and warrant that any User Content and Models that you provide (i) is your original work; (ii) complies with applicable law; (iii) does not infringe or violate any third-party intellectual property rights, privacy or publicity rights, or moral or other rights; (iv) does not contain any Third Party Materials unless we have given our express consent. You further represent that you have all necessary rights, licenses, consents, and authorities to submit such User Content and/or Models. Any Models submitted through the Services shall not be considered confidential and that, other than with respect to the Fees payable hereunder, Models may be disseminated by Creators3D without compensation to you.
2. Without limiting the foregoing, you agree that you will not transmit, submit or upload any User Content or Models or act in any way that:
  1. restricts or inhibits use of the Platform Services;
  2. violates the legal rights of others, including defaming, abuse, stalking or threatening users or individuals;
  3. infringes (or results in the infringement of) the intellectual property, moral, publicity, privacy, or other rights of any third party;
  4. does not comply with all applicable laws, rules and regulations;
  5. transmits or stores anything that contains the following:
    1. material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity);
    2. material that is racially or ethnically insensitive;
    3. material that is defamatory, harassing or threatening;
    4. pornography or obscene material;
    5. any virus, worm, trojan horse, trap door, back door, Easter egg, time bomb, cancelbot, or other harmful or disruptive component; or
    6. anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.
3. Creators3D may, at its sole discretion, choose to monitor User Content for inappropriate or illegal behavior, including through automatic means, provided however, that Creators3D reserves the right to treat User Content as content stored at the direction of users for which Creators3D will not exercise editorial control except when violations are directly brought to Creators3D attention.
Use Restrictions
You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Platform or Services without our prior written authorization, including framing or mirroring any part of the Platform or Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; (3) use the Platform or Services or content thereon in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or Services; (5) use or access another user’s account or password without permission; (6) use the Platform or Services or content thereon in any manner not permitted by these Terms or applicable law.
Intellectual Property
1. Creators3D or its licensors, as the case may be, have all right, title and interest in the Platform, Services, and any Content thereon, including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, Content provided for creation of Models, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Content of the Platform or Services for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Platform and/or Services, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms or the Platform should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Creators3D or any third party. If you provide Creators3D with any feedback regarding any content on the Platform and/or Services, Creators3D may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.
2. You have all right, title and interest in the User Content you submit. By submitting or posting any User Content, you grant Creators3D and its successors and assignees a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license under any of your intellectual property, moral or privacy rights to use, copy, distribute, transmit, modify, prepare derivative works of, alter, and/or decompile such User Content on, through or in connection with the Platform.
Disclaimers and Disclaimer of Warranty
1. All information and Content posted on the Platform is for informational purposes only and Creators3D provides no guarantees with respect thereto. Your use of the Platform and/or Services is at your sole discretion and risk. The Platform, Services, Content thereon, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that Platform or Services will be of good quality or useful for your needs.
2. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE PLATFORM AND/OR SERVICES OR ANY CONTENT THEREON, OR THE REFERRAL PROGRAM, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE PLATFORM AND/OR SERVICES; (II) THAT THE PLATFORM OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (III) REGARDING THE ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE PLATFORM AND/OR SERVICES.
3. No advice or information, whether oral or written, obtained by you from us, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Limitation of Liability
1. Without derogating from any of the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer online systems or equipment, servers or providers, software, failure due to technical problems or traffic congestion on the Internet or on the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death and any injury or damage to any person's property, including mobile device or computer, resulting from the conduct of any users of the Services, whether online or offline. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to Creators3D, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.
2. IN NO EVENT SHALL CREATORS3D OR ITS OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE CONTENT PROVIDED AS PART OF OR THROUGH THE SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT CREATORS3D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED US$1,000.
Indemnification
You agree to indemnify, defend, and hold harmless Creators3D, its customers and its/their respective employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your account and/or computer and/or mobile device, password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Platform and/or Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party, including in Models you create; and (e) any other matter for which you are responsible hereunder or under applicable law.
Relationship
1. It is the express intention of the parties that the Artist will create the Models as an independent contractor to Creators3D. Nothing in these Terms shall in any way be construed to constitute Artist as an agent, employee or representative of Creators3D. If you or any third party should claim that there existed an employer-employee relationship between you and Creators3D that results in Creators3D being obligated to pay any additional amounts over and above the Fee, then in such an event any consideration paid to you in accordance with the terms hereof, in excess of a gross amount equal to 50% of the Fees (which shall be deemed a gross monthly salary including all social benefits payable by law) paid hereunder, shall be deemed a loan provided by Creators3D to you (the "Loan"). The Loan shall be linked to the Consumer Price Index and incur an annually compounded interest at an annual a rate of 10% from the date it was forwarded to you and until repayment in full. The Loan plus any linkage differentials and interest accrued thereon shall be due and repayable by you immediately upon the first demand or claim made by you or any third party to the effect that there existed and/or exists an employer-employee relationship between the Creators3D and you.
2. You acknowledge and agree that you are obligated to report as income all compensation received by you pursuant to these Terms. All taxes, fees and other liabilities, as may apply from time to time in relation to your activities on the Platform, including but not limited to income tax, health insurance payment, social security payments, severance, VAT, governmental charges, and any other social benefit, shall be solely and exclusively borne by you and you shall be solely liable for all such taxes, fees and other liabilities. You will be solely responsible for tax reporting and payments with the Income Tax, VAT and National Insurance authorities and to comply with all laws and regulatory requirements for which you are liable in your capacity as an independent contractor, including without limitation, reporting obligations to the relevant authorities as required under applicable law. If you are subject to Israeli tax law, you agree to promptly notify us thereof, so that we may issue you a VAT invoice and withhold tax, if applicable. You shall indemnify, defend, and hold harmless Creators3D and its officers, directors, employees and agents from and against any and all damages, costs, losses, and/or liabilities due to your non-compliance with this Section 14.2, including without limitation any liability resulting from Creator3D's abstention from providing a VAT invoice and/or withholding tax.
Miscellaneous
These Terms shall be governed solely by the laws of the State of Israel, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Creators3D or enables you to act on behalf of Creators3D. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided upon registration.

last update: August 2022