Table of Contents
Website and Services operator – Contact details
Website and Services access
Terms and conditions acceptance
Subscription to charged Services
Charged Services Pricing
Services immediate implementation – No right of cancellation
Sanctions against violations
Modifying and terminating the Services
Exclusion of liability and guarantee of Sketchfab
Links and third-party websites
Digital Millennium Copyright Act (DMCA) Complaint Procedure
Terms and conditions amendment
Applicable law and jurisdiction
Entry into force
These general terms and conditions are intended to define the terms and conditions under which services described in article 7 are accessible on the website sketchfab.com (hereunder the “Services” and “the Website”, respectively), as well as to define the rights and duties of the involved parties. These terms and conditions apply without restriction to anyone visiting or using the Website or Services (hereunder referred to as a “User”) and form a binding agreement between Sketchfab and the User. These terms and conditions are accessible and printable at any time on the Website. They can be completed if necessary by specific conditions for some specific Services, which will complete present terms and conditions and, should an inconsistency arise, prevail over the latter. Sketchfab may revise and update these terms and conditions from time to time in its sole discretion. All changes are effective immediately when posted , and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised terms and conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
2. Website and Services operator – Contact details
The Website and Services are operated by Sketchfab, Inc., a Delaware corporation (hereunder: “Sketchfab”).
Sketchfab may be reached as follows:
Postal address: Sketchfab, Inc., c/o TechStars, 6th Floor, 36 Cooper Square, New York, NY 10003
Email address: email@example.com
3. Website and Services access
The Website and Services are accessible:
- To any natural person with full legal capacity allowing them to commit under the present terms and conditions. Any natural person without full legal capacity may only access to the Website and Services with the agreement of their legal representative.
- To any legal entity acting through a natural person having the legal capacity to contract for and on behalf of this legal entity.
Users are responsible for the setup of information technology and telecommunication systems enabling them to access the Website. They are responsible for all the telecommunication fees incurred while using Internet and the Website at their expense.
4. Terms and conditions acceptance
4.1 The acceptance by Users of the present terms and conditions comes into force when they validate their subscription by a click, or when they connect to the Services with their identifiers for a third-party website as described in article 5.1. The mere consultation of the Website or use of the Services leads to the acceptance of present terms and conditions, without any restriction or reservation.
4.2 The acceptance of the present terms and conditions can only be in full. Any acceptance with reservation is considered as null and void. A User who does not agree to be bound by the present terms and conditions should not consult the Website or use the Services.
5. Services subscription
The User can subscribe to the Website:
- Either by filling the appropriate form;
- Or, by using the identifiers for a third-party website authorized by Sketchfab such as Twitter, Google or Facebook (this list is not exhaustive) and, if necessary, giving Sketchfab the required complementary information. In this case, the User explicitly authorizes Sketchfab to access his or her account data on the involved third-party website.
The User shall provide Sketchfab with any piece of information marked as mandatory. Any incomplete subscription shall not be validated. The subscription automatically leads to the opening of an account under the name of the User (hereunder: the “Account”), giving the User access to a Dashboard (hereunder: “Dashboard”), which enables him or her to manage his or her use of the Services in the way and with means considered by Sketchfab as the most appropriate for them to offer those Services. The User certifies that the information he or she gives in the subscription form or in any complementary information form for Sketchfab is accurate, updated, sincere and not vitiated by any deceptiveness. The User undertakes to update this information in his or her Dashboard in case of a change, so that it always matches the aforementioned specification. The User is informed and accepts that the information filled to create or update his or her Account serves as evidence for his or her identity. The User is bound by this information as soon as it is validated by him or her. The User can access his or her Dashboard at any time by using his or her identifier and password. The User undertakes to use the Services in person and not to allow any third party to use them instead of him or her, or in his or her name, unless the User bears full responsibility for it. In the same way, the User is responsible for keeping his or her identifier and password confidential. He or she shall immediately contact Sketchfab (details provided in article 2 above) in case he or she notices his or her Account was used without his or her knowing. He or she recognizes that Sketchfab has the right to take all appropriate measures in such cases.
6. Subscription to charged Services
The User can, if wanted, take out a subscription that allows using charged Services described in article 7.2. This subscription can be taken out either when registering, or any time after that, from the Dashboard. This subscription lasts for the period chosen by the User (hereunder: a “Period”), among the different options the Website offers. Once the Period begins and payment is made, the User cannot ask for any refund of all or part of the charges due for this Period, for any reason whatsoever.
7. Services description
7.1 General description
The Services notably enable the User to:
- Publish 3D files (hereunder: “Files”) on the Website, in any format accepted by Sketchfab. The list of accepted formats can be found on the Website.
- Publish these Files on third-party websites, via the embedding on these websites of the Viewer made available by Sketchfab (hereunder: “Sketchfab Viewer”)
Sketchfab reserves the right to offer any other service they consider useful, under terms only Sketchfab can decide. Services are offered by Sketchfab in forms and with functionalities and technical means that Sketchfab considers most appropriate for those Services. They are offered in a free version (hereunder: “Free Services”) and in a charged version (hereunder: “Charged Services”) under the terms hereunder described.
7.2 Description of Free Services
In Free Services, the User can publish an unlimited number of Files for a maximum capacity of 50 Mo per file. The User can amend or suppress a File at any time, through his or her Dashboard. Files published as part as Free Services are visible on the Website public area, and accessible to all Internet users. All Internet users can share these Files and embed the matching Sketchfab Viewer on any third-party Website, which the User explicitly accepts.
7.3 Description of Charged Services
Charged Services notably enable the User, as described on the Website:
- To dispose of a personal standalone interface separated from the main Sketchfab public platform.
- To dispose of a bigger file size capacity than the one offered in Free Services.
- To activate the Privacy feature to Files. Files for which the User activates the Privacy feature are not visible on the public area of the Website and do not appear in search engines. The User is then solely responsible for the communication to third-parties of the URL address giving access to these Files.
- To protect the access to Files uploaded on the Website via a password.
- To customize the Sketchfab Viewer.
- For the business version, to use the embedded viewer for commercial purposes.
8. Services duration
8.1 Free Services
The subscription duration for Free Services is undetermined. The User can ask Sketchfab to unsubscribe at any time, via an email request to the address firstname.lastname@example.org. The User shall be effectively unsubscribed at most 15 (fifteen) days after this request, which automatically leads to the suppression of the User Account.
8.2 Charged Services
The subscription duration for Charged Services is chosen by the User, and starts as of the subscription moment. It is automatically and implicitly renewed for successive Periods of the same duration as the one initially chosen by the User, unless the User breaks it at most 7 (seven) days before the end of his or her ongoing subscription Period, via an email request to the address email@example.com. The end of the subscription is then effective at the end of this same Period. Unless the User explicitly requests it in the aforementioned email, the termination of the subscription does not lead to a full unsubscription from all Services and the Account suppression, but only the end of the access to Charged Services, the consequences of which are the following:
- Private Files that the User had uploaded as part as his or her subscription to Charged Services, as well as related statistics, are kept private for a duration of 1 (one) month as from the end of the subscription. They become public at the end of this duration.
- Customization of the embedded viewer, as allowed as part of the Charged Services, will disapear at the end of the subscription.
9. Charged Services Pricing
The pricing of the different subscription options is available on the Website. Sketchfab reserves the right, at their sole discretion and in terms that only they can decide, to offer promotions or discounts.
9.2 Prices revision
The Services prices can be revised by Sketchfab, which undertakes to inform the User of this revision by every useful means 2 (two) months before the new prices come into force. The new prices are applicable as soon as they come into force. If the User does not accept the new prices, he or she should stop using the Charged Services and put an end to his or her subscription under the terms described in article 8.2. The User who uses the Charged Services after the new prices have come into force is deemed to have accepted them.
Sketchfab shall issue invoices for each subscription Period, and email them to the User. Sketchfab invoices, in case they are not settled when issued, are payable in the 15 (fifteen) days following issuance.
9.4 Payment terms
The payment of the subscription price for Charged Services is carried out via an online automated payment, through the secure payment service Paypal, at the beginning of each subscription Period. The User guarantees Sketchfab that he or she has the required authorizations to pay the Services price under the terms hereby described.
9.5 Payment incidents
Should anything happen during the automated payment planned in article 9.4, the User has 15 (fifteen) days starting as of the invoice issue date to resolve the problem and to settle this invoice by any payment method accepted by Sketchfab. He or she is informed and explicitly accepts that any delay in the payment of all or a part of an amount related to the Services and fallen due shall automatically lead, without prejudice to the provisions of article 15.2 and without prior notice:
- The acceleration of all amounts due by the User and their immediate payability;
- The immediate suspension of ongoing Services until a full payment of the sum total due by the User;
- The billing by Sketchfab of an interest for late payment at the legal rate, based on the sum total due by the User.
10. Services immediate implementation – No right of cancellation
Due to the immediate implementation of Services, the User has no right of withdrawal.
11. User's obligations
Without prejudice to any other duty hereby provided for, the User undertakes to honor the following duties:
- The User undertakes to use the Website and Services according to the present terms and conditions, without any public order offence or infringement of third parties rights and more generally, without breaking any law or rule in force.
- He or she is solely responsible for an appropriate completion of all formalities among which administrative, fiscal and/or social ones that might fall with him or her related to the use of the Services. Sketchfab shall in no means be responsible in this regard.
- The User admits having taken cognizance on the Website of all characteristics and constraints, such as technical ones, of all Services.
- He or she is solely responsible for his or her use of the Website and Services.
- The User is solely responsible for the Files he or she uploads on the Website and their content (hereunder: the “Content”)
- He or she guarantees Sketchfab that he or she has all required rights and authorizations for the diffusion of these Files and their Content.
- The User may make the Content available to other users for download via one of several Creative Commons licenses. For more information, see http://creativecommons.org/licenses/. The User is solely responsible for choosing the appropriate license, if any, under which the Content is available for download.
- By downloading Files made available by other users, the User undertakes to adhere to the terms of whatever Creative Commons license applies.
- He or she undertakes to the lawfulness of this Content, to its compliance to public order, moral standards and third party rights, and that this Content does not infringe any legal or regulatory requirement and more generally that it is in no way likely to createany liability, whether civil or criminal, for Sketchfab.
The User is then forbidden from uploading on the Website any File with Content that has one or several of following characteristics (this list is not exhaustive):
- Pornographic, obscene, improper, shocking or inappropriate for families, or libelous, abusive, violent, racist, xenophobic or revisionist
- Detrimental for a third party image
- Misleading, deceptive or offering or promoting any illegal, dishonest or deceptive activity
- Harmful for third party information systems (such as viruses, worms, Trojans, etc…)
- And more generally likely to infringe third party rights or to be prejudicial to a third party, in any way and under any form.
The User undertakes to inform Sketchfab promptly about any complaint, claim or legal action related to the Files he or she has uploaded using the Services. The User also undertakes to answer as soon as possible any information request by Sketchfab. The User is solely responsible for his or her computer facilities' smooth functioning as well as for the safeguarding of his or her Files, and the User undertakes to safeguard his or her Files. The User is informed and accepts that he or she is solely responsible for the safety of the Files he or she chooses to upload and for the observance of possible rights over these Files. He or she explicitly relieves Sketchfab of any duty such as surveillance and of any responsibility in this regard. He or she is explicitly referred to article 16.3 in this regard.
12. Prohibited conduct
Without prejudice to the provisions of article 11, it is strictly prohibited to use the Services for any of the following purposes:
- the exercise of activities that are illegal or fraudulent or which may threaten the rights or safety of third parties
- violation of public order or of the laws and regulations in force
- intrusion into a third party's computer system or any activity that may damage, control, interfere with or intercept all or part of a third party's computer system and violate its integrity or security
- sending unsolicited or canvassing emails
- carrying out operations aimed at improving the referencing of a third-party website
- assisting or inciting, in any form or any way whatsoever, one or more of the above-mentioned acts and activities
- copying, attempting to copy, or reverse-engineering, or otherwise using the Files of other users (a) that have not been made available for download under a Creative Commons license or any other license or (b) in a manner outside the scope of any applicable license
- more generally, any practice that uses the Services for purposes other than those for which they were designed
The User is strictly prohibited from copying and/or diverting the concept, technologies or any other component of Sketchfab Website for his or her own ends or those of third parties. The following are also strictly prohibited: (i) any form of behavior likely to interrupt, suspend, slow down or hinder the continuity of the Services, (ii) any intrusion or attempt to break into Sketchfab systems, (iii) any diversion of the Website's system resources, (iv) any action that may place a disproportionate load on the latter's infrastructure, (v) any attack on security and authentication measures, (vi) any action that may be infringing the rights and financial, commercial or moral interests of Sketchfab or of the Users of the Website, and finally, more generally, (vii) any violation of these General Terms and Conditions.
13. Sanctions against violations
Should a User violate any of the provisions of these General Terms and Conditions, and particularly articles 11 and 12, or, more generally, contravene any laws and regulations, Sketchfab reserves the right to:
- Suspend or suppress all or part of the File that has caused the prejudice or contributed to it, at any time and without a notice
- Suspend or prevent access to all or part of the Services
- Suspend or terminate the User's access to the Services in accordance with article 15.2
- take all the appropriate measures and begin all legal proceedings
- where necessary, inform the competent authorities, cooperate with them and provide them with all the information they need to seek out and suppress illegal or illicit activities
14. User's guarantee
The User guarantees and indemnifies Sketchfab against any complaints, claims, actions and/or demands made against Sketchfab as a result of a violation by the User of any of the provisions of these General Terms and Conditions and, more particularly, articles 11 and 12. He or she undertakes to compensate Sketchfab for any prejudice or liability that it may suffer and cover all costs, charges, damages, fees and expenses and/or fines that it may incur or have to pay as a result, including legal fees.
15. Modifying and terminating the Services
15.1 At any time
Sketchfab reserves the right to modify or stop offering all or part of the Services at any time, at its own discretion. The User will be informed of these modifications and/or stoppages by any appropriate means, giving one month's notice.
15.2 In the event of a violation on the User's part (termination)
Should the User fail to comply with these General Terms and Conditions, Sketchfab reserves the right to terminate his or her access to all or part of the Services, with immediate effect, with or without notice. Termination of the totality of the Services leads automatically and without prior notice to the deletion of the User's Account and the acceleration of all sums owed by the latter, without prejudice to any other consequences, rights and remedies that may arise in application of these General Terms and Conditions.
16. Exclusion of liability and guarantee of Sketchfab
Sketchfab undertakes to provide the Services diligently and professionally, it being stipulated that Sketchfab is subject only to a “reasonable commercial endeavors” obligation, to the exclusion of any obligation to achieve a result, which the User acknowledges and explicitly accepts. Sketchfab has no knowledge of the Content of Files, and acts only as a hosting service provider in this regard. As a consequence, Sketchfab may not be held liable for any Content, the authors of which are third parties. Any complaints should be directed in the first place at the author of the Content in question. However, any complaints about Content prejudicial to a third party may be sent to Sketchfab under the terms set out in article 23, in which case Sketchfab reserves the right to take the measures described in article 13.
Sketchfab does not accept any liability:
- For the infringement of possible rights, such as intellectual property, pertaining to uploaded Files, since they are uploaded under the sole responsibility of Users
- In case of a litigation and/or of any controversy between Users of the Website
- For the loss of Files, as Users must save a copy. Users may not claim any form of compensation in this respect.
Sketchfab will use reasonable efforts to provide appropriate quality of Files displaying in different browsers. However, the User is explicitly informed and accepts that the rendering of a File might differ from a browser to another, depending on their particular technical constraints. Sketchfab undertakes to carry out regular inspections to check that the Website is operating smoothly and is accessible. In this respect, Sketchfab reserves the option of momentarily breaking off access to the Website for maintenance reasons. Similarly, Sketchfab may not be held liable for any momentary difficulties in accessing the Website caused by circumstances beyond its control, force majeure or disruptions to the telecommunications network. Users are informed of the complex nature of worldwide networks and the influx of users of these networks at certain times. Services are provided by Sketchfab on an “as is” basis with no express or implicit guarantee of any sort. Sketchfab cannot and does not guarantee, represent or warrant to Users (i) that the Services, which are the subject of regular efforts to improve their performance and progress, will be totally free of errors, defects and faults, (ii) that the Services, being standard and in no way proposed solely to a given User according to his or her own personal constraints, will specifically meet his or her needs and expectations.
EXCEPT AS EXPRESSLY STATED IN THIS ARTICLE 16, SKETCHFAB EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES WILL USER BE ENTITLED TO RECOVER FROM SKETCHFAB ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF SALES, CUSTOMER LOSS, ORDERS LOSS, OPPORTUNITY LOSS, DATA LOSS, MORAL WRONG OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR WEBSITE, EVEN IF SKETCHFAB HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, SKETCHFAB'S MAXIMUM AGGREGATE LIABILITY TO ANY USER WILL BE: (A) IF THE USER HAS PAID FEES FOR USE OF THE SERVICES, THE AMOUNT PAID FOR THE PERIOD IN WHICH THE LIABILITY ARISES, AND (B) IF THE USER HAS NOT PAID FEES, THE SUM OF $10. THE LIMITS IN THIS PARAGRAPH WILL APPLY WHETHER THE LIABILITY ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO USER.
The User acknowledges that the Services offer him an extra, but not alternative, solution for publishing Files and that this solution may not be substituted for other means that the User may have at his or her disposal for
achieving the same objective.
18. Intellectual property
18.1 Sketchfab's intellectual property
The systems, software, structures, infrastructures, source codes, databases and content of all types (text, images, visuals, music, logos, trademarks, etc.) used by Sketchfab on the Website, and the technology used to offer the Services are owned by Sketchfab and its licensors and are protected by all copyright, patent and other intellectual property rights in force. Sketchfab reserves all rights in any such intellectual property. All forms of disassembly, decompiling, decoding, extraction, exporting, re-use, copying and, more generally, all forms of reproduction, representation, circulation, use of all or part of these components without Sketchfab's authorization are strictly prohibited and may lead to prosecution.
18.2 User's intellectual property
For the purpose of using the Services, the User explicitly authorizes Sketchfab to use any Content protected by intellectual property rights in accordance with the following arrangements:
- Sketchfab may store the Content for the purpose of using the Services
- Sketchfab may reproduce and represent all or part of the Content in any format on any page of the Website
- More generally, Sketchfab may reproduce and represent the Content in any format, by any means and on any medium, solely for the purpose of promoting the Website
- Sketchfab may adapt the Content for the purpose of implementing the above provisions. The User therefore explicitly acknowledges and accepts that the Content may be modified in terms of its framing, format and colors, and that there may be an alteration or deterioration in quality, depending on the technical constraints relating to the publication of the Files. He or she undertakes not to make any claims or demands against Sketchfab in this respect
Considering the purpose of the services, which allow the User to publish his or her own Files, the above authorization is granted free of charge, and the User expressly renounces any right to ask Sketchfab for any form of payment, fee, compensation or financial offsetting in this respect. This authorization is granted for the entire world and for as long as the User subscribes to the Services.
19. Personal data
19.1 When the User uses the Site and the Services, Sketchfab will require the User to provide certain personal data, i.e. information that will identify the User, such as their family name, first name, street address or email address (hereinafter referred to as “Personal Data”). Sketchfab complies, in the gathering and management of this Personal Data, to the current version of the French law N° 78-17 dated January 6, 1978 on Computer Processing, Filing Systems and Liberties. In accordance with said law, Sketchfab declared its processing of Users' Personal Data to the CNIL under Number 1613953.
19.2 Personal Data collected within the framework of the Services are necessary to implement the Services and are for the sole use of Sketchfab and Sketchfab' partners. Sketchfab can also forward this data to the administrative and legal authorities in order to comply with its legal and regulatory obligations. Sketchfab is committed to protecting this Personal Data, and will treat it with the strictest confidentiality and the highest level of care. Except as otherwise permitted by these terms and conditions, Personal Data will not be communicated to third parties unless the User expressly gives their agreement to this communication. Sketchfab may disclose Personal Data to subcontractors and service providers acting on Sketchfab's behalf, subject to obligations of confidentiality. Sketchfab reserves the right to disclose any information it collects in connection with the Services, including Personal Data, (a) to any successor to Sketchfab's business as a result of any merger, acquisition, asset sale or similar transaction, who shall be subject to the restrictions set forth in this Article 19; and (b) to any law enforcement, judicial authority, or governmental or regulatory authority, to the extent required by law or if in Sketchfab's reasonable discretion disclosure is necessary to enforce or protect Sketchfab's legal rights or to protect third parties.
19.3 Sketchfab may use the Personal Data to contact Users with promotional messages. Any User who does not wish to receive such messages can refuse them when entering their Personal Data, using the checkbox designed for this purpose.
19.4 In accordance with French law N° 78-17 dated January 6, 1978 relating to Computer Processing, Files and Liberties, the User has the right to obtain and, where appropriate, correct or delete information concerning them, by contacting Sketchfab through any of the channels listed in Article 2. To the extent required by applicable law, Users may, for legitimate reasons, oppose the processing of their Personal Data.
19.5 Sketchfab uses "cookies" technology, on which the Site's operation is dependent. Consequently, in order to use the Site and the Services, the User must accept these cookies.
19.6 Sketchfab does not knowingly collect or maintain personally identifiable information from persons under 13 years of age, and no part of the Services are directed at persons under 13. No User may be under 13 years of age. If Sketchfab learns that personally identifiable information of persons less than 13 years of age has been collected without verifiable parental consent, then Sketchfab will take the appropriate steps to delete this information.
20. Commercial references
The User explicitly authorizes Sketchfab to mention him or her and, where relevant, use the reproduction of his or her brand or logo as a commercial reference, particularly at shows or events, in its sales documents and on the Website, under any form.
Sketchfab reserves the right to insert advertising or promotional messages of any kind on any page of the Website in a form and under the conditions that Sketchfab alone sees fit.
22. Links and third-party websites
Sketchfab may in no circumstances be held liable for the technical availability of websites operated by third parties that are accessed by Users via the Website. Sketchfab may not be held liable for the content, advertising, products and/or services available on such third-party sites, which are governed by their own conditions of use. Sketchfab may not be held liable for any transactions that take place between a User and any advertiser, professional or trader to whom the User has been directed via the Website and may in no circumstances be a party to any disputes whatsoever with these third parties concerning, for example, the delivery of the products and/or services, the guarantees, declarations and other obligations of any kind by which the latter are bound.
A complaint may be made to Sketchfab concerning any act committed on the Website that may be prejudicial to a third party. This complaint should be sent to Sketchfab using the contact details set out in article 2.
In accordance with article 6 I 5 of the Act of 21 June 2004, the complaint must include:
- the notification date
- the plaintiff's identity (if the plaintiff is an individual: his name, first name, home address, nationality, date and place of birth; if the plaintiff is a legal entity: its form, company name, registered office and the organization that legally represents it)
- the recipient's names and home address (if the recipient is a legal entity: its company name and registered office)
- a description of the litigious acts and their precise location
- the reasons why the content should be withdrawn, including reference to legal conditions and supporting evidence
- a copy of the correspondence sent to the author or publisher of the litigious information or activities asking for them to be stopped, withdrawn or modified, or proof that it has not been possible to contact the author or publisher
Sketchfab will be free to take all appropriate measures, particularly those referred to in article 13, without any commitment on its part, and/or to pass the complaint on to the competent authorities.
24. Digital Millennium Copyright Act (DMCA) Complaint Procedure
Sketchfab is DMCA compliant, and we respect the intellectual property rights of others. We thus prohibit Users from uploading and publishing on the site any content that violates another party's copyright. Any infringing materials posted by any User can be identified and removed pursuant to this complaint procedure.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon User's copyrights, you may submit a notification pursuant to the DMCA, 15 U.S.C. § 512, by providing our Copyright Agent with the following information:
(a) Identification of copyrighted material allegedly being infringed, including an attached file containing the copyrighted material, a link to the copyrighted material, or a description thereof;
(b) Identification of the Content claimed to be infringing including the specific location within the Website of the allegedly infringing Content;
(c) User's contact information, including address, telephone number and e-mail address, and if you are not the owner of the copyright that has been allegedly infringed, an explanation of User's relationship to the copyright owner;
(d) A statement that you have a good faith belief that the allegedly infringing Site Content is not authorized by the copyright owner, its agent, or the law, and that under penalty of perjury, the information provided is accurate, and you are authorized to make the complaint on behalf of the copyright owner; and
(e) User's signature.
Sketchfab's designated Copyright Agent to receive notifications of claimed infringement is Alban Denoyel, Sketchfab Inc, co/TechStars, 36 Cooper Square, 6th floor, New York, NY 10003. email: firstname.lastname@example.org
Sketchfab will, upon receiving User's notice of copyright infringement, if that notice complies with the foregoing requirements, contact the User who posted the allegedly infringing Content concerning User's notice of infringement, and expeditiously remove the allegedly infringing Content.
By registering to Sketchfab and accepting our terms and conditions, you expressly agree to and accept the foregoing DMCA complaint procedure, acknowledge its compliance with US Copyright law, and waive any and all claims against Sketchfab directly relating to, or arising from, the foregoing DMCA complaint procedure.
If you are a User and material that you have posted to our website has been removed or disabled, you may file a counter-notification pursuant to 17 U.S.C. § 512(g). To be effective, the counter-notification must be a written communication sent to the Designated Agent address listed above that includes the following:
(a) User's physical or electronic signature;
(b) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
(c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(d) User's name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if User's address is outside of the United States, for any judicial district in which Sketchfab may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
25. Terms and conditions amendment
Sketchfab reserves the right to amend the present terms and conditions at any time. Registered Users shall be informed of any terms and conditions amendment by all useful means 2 (two) months before the new terms and conditions are effective. A User who does not accept the amended terms and conditions shall, before they become effective, unsubscribe from the Services according to the terms described in article 8. Users who are not registered on the Website and merely consult it are asked to regularly check the Website for the last effective version of terms and conditions, applicable to them as soon as they are effective. Any User using the Services after new terms and conditions have become effective is deemed to have accepted the changes.
Should the present terms and conditions be translated into one or several languages, in case of a contradiction or a contestation on the meaning of a term or a clause, the prevailing interpretation language shall be: (a) for Users resident in the European Union or Quebec, French; and (b) for Users in any other jurisdiction, English.
27. Applicable law and jurisdiction
For Users resident in the European Union:
The present terms and conditions are governed by French law. Should a dispute arise about the validity, the interpretation, performance or non-performance and/or the enforcement of the present terms and conditions, or otherwise about the Services or the Website, the parties agree that the only courts of competent jurisdiction shall be those of Paris, France, unless imperative procedure rules state otherwise.
For Users resident in the United States and other jurisdictions:
These terms and conditions are governed by the laws of the State of New York, as applicable to contracts entered into and fully performed in the State of New York.
All disputes arising out of or relating to these terms and conditions, the Website or the Services shall be resolved exclusively by binding arbitration before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect and the further procedures set forth herein. (For information on the AAA and its rules, see www.adr.org.) The arbitration shall be conducted in Wilmington, Delaware, unless the Arbitrator shall determine that that venue is not reasonably convenient to all parties, in which case the Arbitrator shall determine another venue that is. In the event that the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have authority to issue any and all remedies authorized by law. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 2 et seq., and the laws of the State of Delaware without reference to principles of conflicts of laws. Notwithstanding any rules of the AAA to the contrary, any claims shall be adjudicated on an individual basis only, and ALL USERS WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO. Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to these terms and conditions, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, a User may at his or her option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction. Sketchfab does not hereby waive any defense that such jurisdiction may be lacking in the User's jurisdiction. Without derogation of the parties' obligation to arbitrate as set forth herein, for any claims other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to these terms and conditions, the Website or the Services shall be vested exclusively in, and venue shall be laid in, the state or federal courts sitting in Wilmington, Delaware, except that, following confirmation of an arbitration award in a state or federal court in Wilmington, Delaware, a judgment arising therefrom may be executed in any court of competent jurisdiction.
These terms and conditions represent the entire agreement between Sketchfab and the User with respect to the provision of the Services and use of the Website, and all prior representations and understandings, whether written or oral, are excluded. No delay or omission by Sketchfab in exercising any of its rights occurring upon any noncompliance or default by any User with respect to any of the terms and conditions of these terms and conditions will impair any such right or be construed to be a waiver thereof, and a waiver by Sketchfab of any of the covenants, conditions or terms to be performed by a User will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or terms hereof contained. As used in these terms and conditions, “including” means “including but not limited to” and the term “partner” is used solely to denote another entity with which Sketchfab has a sponsorship or similar contractual arrangement. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid or unenforceable, then these terms and conditions will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. User's registration, these terms and conditions and User's rights and obligations hereunder are not assignable or transferable by User to any third party without the prior written consent of Sketchfab. Sketchfab may assign these terms and conditions to any purchaser of the Sketchfab business. User agrees that the electronic text of these terms and conditions constitutes a writing and User assents to the terms and conditions hereof constitutes a “signing” for all purposes.
29. Entry into force
The present terms and conditions came into force on January 7th 2014.