TERMS AND CONDITIONS
All downloads from the 3D-Cuisines websites are subject to the following terms provided that you agree to comply with the terms of this Agreement, you are granted a non-exclusive license to download those 'downloadable products' that are made available by GraphicsFX, owner and producer of 3D-Cuisines:
- Only to to a single computer (or small network) for educational, research and business purposes once you have paid the required fee. Except as expressly permitted in this Agreement, you may not use, copy, decompile, reverse engineer, disassemble, modify, rent, lease, loan, sub-license, distribute or create derivative works based upon the 'downloadable product' in whole or part or transmit it over a network.
- Except as expressly stated herein this Agreement does not grant you any intellectual property rights and all rights not expressly granted herein are reserved by GraphicsFX, owner and producer of 3D-Cuisines.
- GraphicsFX shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the 'downloadable product', any information contained in it. In particular, neither GraphicsFX nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission within the 'downloadable product', or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Due to the nature of downloadable products sold on 3D-Cuisines.com, returns are not possible or exchangeable for other downloadable products. However if you have received downloadable products that are corrupt, unable to open or have some other functional flaw, we will do everything we can to rectify the situation and send you new files.
Use of this Website
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
[You must be at least  years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least  years of age.]
License to use website
Unless otherwise stated, GraphicsFX and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website without permission (including republication on another website);
- sell, rent or sub-license any material from the website;
- show any material from the website that is not licensed to you in public;
- reproduce, duplicate, copy or otherwise exploit unlicensed content or material on this website for a commercial purpose;]
- [edit or otherwise modify any unlicensed content or material on the website; or]
- [redistribute material from this website [except for content specifically and expressly made available for redistribution].]
- [Where content is specifically made available for redistribution, it may only be redistributed [within your organization].]
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without GraphicsFX’s express written consent.
[You must not use this website to transmit or send unsolicited commercial communications.]
[You must not use this website for any purposes related to marketing without GraphicsFX’s express written consent.]
Access to certain areas of this website is restricted. GraphicsFX reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at GraphicsFX’s discretion.
If GraphicsFX provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
[GraphicsFX may disable your user ID and password in GraphicsFX’s sole discretion without notice or explanation.]
This website is provided “as is” without any representations or warranties, express or implied. GraphicsFX makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, GraphicsFX does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
Limitations of liability
GraphicsFX will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;]
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if GraphicsFX has been expressly advised of the potential loss.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
[You accept that, as a limited liability entity, GraphicsFX has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against GraphicsFX’s officers or employees in respect of any losses you suffer in connection with the website.]
[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect GraphicsFX’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as GraphicsFX.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify GraphicsFX and undertake to keep GraphicsFX indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by GraphicsFX to a third party in settlement of a claim or dispute on the advice of GraphicsFX’s legal advisers) incurred or suffered by GraphicsFX arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to GraphicsFX’s other rights under these terms and conditions, if you breach these terms and conditions in any way, GraphicsFX may take such action as GraphicsFX deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
GraphicsFX may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
GraphicsFX may transfer, sub-contract or otherwise deal with GraphicsFX’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions [, together with [DOCUMENTS],] constitute the entire agreement between you and GraphicsFX in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with US law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of USA.
Last Updated: 06/23/14
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