THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. PLEASE READ THEM CAREFULLY BEFORE USING POLYMACHINE’S SERVICES OR WEBSITES

To use this website, you must agree to all of the following terms, conditions and policies:

Terms and conditions

These terms and conditions (“Agreement”) sets forth the general terms and conditions of your use of the store.polymachine.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Polymachine d.o.o. (“Polymachine”, “Polymachine d.o.o.”, “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Polymachine d.o.o., even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Accounts and membership

You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Payment processing

All financial transactions made in connection with the Website and  Services will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will Polymachine be responsible for the actions or inactions of any third-party payment processor, including, but not limited to, system downtime or payment service outages.

Maintenance

You will not receive any support or any other additional services for the Content or any Services from Polymachine in connection with the Content, except as expressly provided in these Terms and Conditions or as provided for in a separately executed agreement between you and the Company.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website and/or Services has been modified or updated. We make no warranty or representation regarding results that may be obtained from use the Website and/or Services, or use of data, information or content downloaded or otherwise obtained from this Website, or regarding the accuracy, reliability, correctness, completeness or timeliness of any information obtained from this Website.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, Polymachine d.o.o. will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Polymachine d.o.o. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Polymachine d.o.o. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Polymachine d.o.o. or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Polymachine d.o.o. or third party trademarks.

Disclaimer of warranty

You agree that our Website and Services are provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Website or Services or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Polymachine d.o.o., its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Polymachine d.o.o. and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Polymachine d.o.o. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Polymachine d.o.o. and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Croatia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Croatia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Croatia, and you hereby submit to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

 

Acceptable use policy

This acceptable use policy (“Policy”) sets forth the general guidelines and acceptable and prohibited uses of the store.polymachine.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Policy is a legally binding agreement between you (“User”, “you” or “your”) and Polymachine d.o.o. (“Polymachine d.o.o.”, “Polymachine”, “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Polymachine d.o.o., even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Ownership of the Website and Services

All information on the Site, with the exception of the text in Product descriptions and Product information, is copyrighted proprietary material of the Polymachine d.o.o. and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without prior permission from Polymachine. Except as expressly provided herein, Polymachine does not grant any express or implied right to you under any patents, registered design, copyrights, trademarks, or trade secret information of the Company. Product descriptions and product information are provided solely for informative purposes and we make no claim or warranty as to the accuracy,  of any product description or product information.

Prohibited activities and uses

You may not use the Website and Services to engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Policy:

• Disclosing sensitive personal information about others.
• Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.
• Threatening harm to persons or property or otherwise harassing behavior.
• Purchasing any of the offered Services on someone else’s behalf.
• Misrepresenting or fraudulently representing products or services.
• Infringing the intellectual property or other proprietary rights of others.
• Facilitating, aiding, or encouraging any of the above activities through the Website and Services.

System abuse

Any User in violation of the Website and Services security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:

• Use or distribution of tools designed for compromising security of the Website and Services.
• Intentionally or negligently transmitting files containing a computer virus or corrupted data.
• Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures.
• Unauthorized scanning or monitoring of data on any network or system without proper authorization of the owner of the system or network.

Service resources

You may not consume excessive amounts of the resources of the Website and Services or use the Website and Services in any way which results in performance issues or which interrupts the Services for other Users. Prohibited activities that contribute to excessive use, include without limitation:

• Deliberate attempts to overload the Website and Services and broadcast attacks (i.e. denial of service attacks).
• Engaging in any other activities that degrade the usability and performance of the Website and Services.

Security

You take full responsibility for maintaining reasonable security precautions for your account. You are responsible for protecting and updating any login account provided to you for the Website and Services. You must protect the confidentiality of your login details, and you should change your password periodically.

Enforcement

We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions, including but not limited to:

• Suspending or terminating your Service with or without notice upon any violation of this Policy. Any violations may also result in the immediate suspension or termination of your account.
• Disabling or removing any content which is prohibited by this Policy, including to prevent harm to others or to us or the Website and Services, as determined by us in our sole discretion.
• Reporting violations to law enforcement as determined by us in our sole discretion.
• A failure to respond to an email from our abuse team within 2 days, or as otherwise specified in the communication to you, may result in the suspension or termination of your account.

Suspended and terminated User accounts due to violations will not be re-activated.

Nothing contained in this Policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Website and Services, and levying cancellation charges to cover our costs. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.

Reporting violations

If you have discovered and would like to report a violation of this Policy, please contact us immediately. We will investigate the situation and provide you with full assistance.

License policy

This license policy (“Policy”) sets forth the general guidelines and acceptable and prohibited uses of the store.polymachine.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Policy is a legally binding agreement between you (“User”, “you” or “your”) and Polymachine d.o.o. (“Polymachine d.o.o.”, “Polymachine”, “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Polymachine d.o.o., even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

For the purpose of this Content License Policy, “Content” assumes any product that Polymachine makes available for download or purchase on the Website, including all the parts that make up the product, including but not limited to all the product files, 3d models, textures, photographs, metadata, various image formats, audio, video, scripts and plug-ins.

Conditioned upon your compliance with the entirety of  Terms and Conditions, and Policies, set forth in this document, and in regards to Content duly obtained by payment of all applicable license fees, Polymachine grants to you a personal, non-exclusive, non-transferable, non-sublicensable, worldwide, royalty-free right and license to use the Content according to Permitted Uses as set forth by this License Policy. Any usage outside of Permitted Uses is considered to be Not Permitted.

You are Permitted to:

• Store, install and/or use the content on any computer or storage owned and used by you as an individual, or legal entity.
• Use the Content in production of all kinds of audiovisual materials, as long as the end result does not contain the Content in a form usable, editable or directly accessible by a third party.
• Use the Content for any kind of personal artwork or project, which is not commercial in nature, as long as both points above are respected.
• Use the Content in any other manner expressly permitted by Polymachine, in a separate agreement between Polymachine and you.

Any other use is considered not permitted and is in breach of this Policy as well as the Copyrights of Polymachine, and may result in immediate termination of your user account, and loss of access to any Content associated with that account.

To clarify, examples of not permitted uses include but are not limited to:

• Using the Content in products for resale, license or other distribution if those products permit third parties to download, extract or access the content either as a stand-alone file, or as a part of a stand-alone file. To clarify, you may not sell, license or distribute any product that contains the Content in any editable, changeable or directly accessible form.
• Superficially or substantially modifying the Content and selling it to others for use, reproduction or re-sale.
• Making available the Content or any modification or derivation of the Content to any third party in its original file format, or any other formats produced by means of exporting, saving, archiving or converting any of the files included in the Content.

You agree that the Content is the property of and proprietary to Polymachine and its licensors, and further agree to protect the Content and all parts thereof from unauthorized disclosure and use by your agents, employees, associates, family members, customers, or any other third party. You agree to be exclusively responsible to ensure the selection, supervision, management, control, and use of the Content conforms to all terms of this Policy.

Changes and amendments

We reserve the right to modify these Terms and Policies  relating to the Website and Services at any time, effective upon posting of an updated version of this Policy on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

Acknowledgement

You acknowledge that you have read and agree to the Terms and Conditions, and all other Terms and Policies which constitute this document. By accessing and using the Website and Services you agree to be bound by all the Terms, Conditions and Policies in this document. If you do not agree to abide by all the Terms, Conditions and Policies in this document, you are not authorized to access or use the Website and Services.

You further acknowledge that it is the complete and exclusive statement of the agreement between Polymachine and you, which supersedes any proposal, oral or written prior agreement, and any other communication between you and Polymachine relating to the subject of this agreement.

In the event that you breach any of the Terms, Conditions and Policies set forth in this document, or any other such agreement with Polymachine, we reserve the right to terminate your account without further notice, and restrict or disable your access to the Content associated with your user account.
Account termination shall be in addition to other rights at law or equity available to Polymachine. Polymachine shall be under no obligation to refund any fees paid by you in the event your account has been terminated as a result of such a breach.

Contacting us

If you would like to contact us to understand more about this document or wish to contact us concerning any matter relating to it, you may send an email to support@polymachine.com

This document was last updated on December 2, 2020