Terms and Conditions – Gsculpt Art

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By accessing and browsing the Gsculpt.art site, you agree to be bound, without limitation or qualification, by these Terms and Conditions which together with our privacy policy and website disclaimer, govern Gsculpt.art’s relationship with you in relation to your use of this website.

For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Gsculpt.art and “You” and “Your” refers to you, the client, subscriber, visitor, website user.

AMENDMENT OF TERMS

We reserve the right to change, modify, add, or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavor to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Gsculpt.art’s rights and obligations to each other.

DELIVERY OF GOODS

Digital goods are available immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

REFUNDS

Gscsulpt.art handles refunds in accordance with the French Consumer Protection legislation.

Should you wish to ask for a refund, please notify us within 14 days of purchase with a valid reason for a refund. If we are unable to resolve your complaint or further assist you, we will process a refund of the goods purchased. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of Gsculpt.art.

LINKS TO OTHER WEBSITES

Gsculpt.art may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between gsculpt.art and the owners of those websites. gsculpt.art takes no responsibility for any of the content found on the linked websites.

DISCLAIMER

Neither gsculpt.art nor any other party involved in creating, producing, or maintaining this site and/or any content on this site shall be liable under any circumstances for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of this site.

Without limiting the foregoing, all content on gsculpt.art is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose.

Gsculpt.art does not warrant or make any representations regarding the use of the materials in this site, the results of the use of such materials, the suitability of such materials for any user’s needs or the likelihood that their use will meet any user’s expectations. Gsculpt.art does not warrant that use of the materials will be uninterrupted or error free, that defects will be corrected, or that this site, the content, and/or the materials available on this site are free from bugs or viruses or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections. Gsculpt.art shall not be responsible for any performance or service problems caused by any third party website or third party service provider. Any such problem shall be governed solely by the agreement between you and that provider.

YOUR PRIVACY

At gsculpt.art, we are committed to protecting your privacy. We use the information we collect to provide you with the best services possible.

We will not intentionally disclose any personally identifying information about you to third parties, except where we, in good faith, believe such disclosure is necessary to comply with the law or enforce these Terms and Conditions of Use. By using gsculpt.art services, you signify your acceptance of our separate Privacy Policy here. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

Please note that credit card information is not stored by us on our servers.

Gsculpt.art does not and will not sell or deal in personal or customer information. We may however use customer information to create marketing statistics and identify user demands. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar 3d files, documents, or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of gsculpt.art.

Gsculpt.art expressly excludes and does not permit you to use or access our website, to download any files, documents or information from its website or obtain any such files, documents or information through a third party. If you breach this term then gsculpt.art will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Gsculpt.art reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Gsculpt.art expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

LICENSE AGREEMENT

Gsculpt.art main activity is to grant licenses for use of Gsculptart’s 3D files. Those licenses are acquired, either as a one-time payment or as a subscription.

The Gsculpt.art’s 3D files are meant to be printed on 3D printer for personal use.

The license is a limited license, which is non-exclusive, non-transferable, and non-sublicensable. Gsculpt.art’s 3D files may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, sold, or used for public or commercial purposes. Modification of the 3D files or use of the 3D files for any other purpose other than personal use is a violation of the copyright and other proprietary rights of Gsculpt.art.

LICENSE AGREEMENT FOR MERCHANT MEMBER

Gsculpt.art sells a subscription called “Merchant Member”. The “Merchant Member” subscription provides an additional license to sell 3D printed copies of the figurines found on Gsculpt.art. The customer who subscribes to “Merchant Member” subscription becomes a “Merchant Member” and remains a “Merchant Member” as long as the monthly subscription is paid.

Merchant Member has the right to 3D print copies of the figurines that are sold on the Gsculpt.art with the exceptions of the figurines found in the “welcome pack” of the Collector Club’s subscriptions.

Merchant Members have the right to use images and text found on Gsculpt.art to promote their printing services.

Merchant Members must mention Gsculpt.art as the creator of the figurine on their website or other social media.

Merchant Member loses all the “Merchant Member” license rights as soon as the ” Merchant Member” subscription is canceled. Upon cancellation, Merchant Member must remove from their website or store any product related to Gsculpt.art.

We reserve the right to change, modify, add, or remove portions of the “Merchant Member” license terms at any time. We reserve the right to cancel the subscription of a Merchant Member at any time.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION

This agreement and this website are subject to the laws of France. If there is a dispute between you and Gsculpt.art that results in litigation then you must submit to the jurisdiction of the courts of Rennes (France).