1. User Content
During the operation of the Services, Users may upload certain User Content including, without limitation, 3D models. You remain the owner of your User Content at all times, and VRStyler does not claim any ownership rights in your User Content. User Content is otherwise subject to the following provisions. This Agreement applies to all the User Content that you contribute to our website during the term of this Agreement.
1.1 Generally
You are solely responsible for ensuring that any User Content you submit to the Services complies with any applicable laws and third-party rights, including but not limited to any intellectual property, privacy, publicity, rights, and laws, and that all required notices have been provided to, and required consents and releases have been obtained from, individuals who are the subject of, or owners of, any User Content. VRStyler always has the right, in its sole discretion, to review User Content in advance for quality and technical purposes, and to accept or reject any given User Content in its sole discretion. You agree that your use of any User Content downloaded from the Services will always be subject to the most current version of the License Agreement or Creative Commons license, as applicable (additional details of which are provided below); accordingly, you agree that your continued use of any such User Content constitutes your acceptance of the terms of any new version of the License Agreement or Creative Commons license, applicable to such User Content, as we may update from time to time.
1.2 User Content License
1.2.1 Use by us
By using the Services, you grant VRStyler a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, sub-licensable (through multiple tiers) right and license to use, reproduce, publicly display, distribute, adapt, create derivative works of and otherwise exploit User Content for any and all purposes necessary to provide VRStyler's services, including but not limited to developing, distributing, improving and promoting the Services, our activities, and your publicly shared User Content; provided that to the extent User Content includes personal data, we shall not use such personal data for any purpose other than providing the Services and as further set forth in our Privacy Policy at https://vrstyler.com/help-center/privacy-policy--4bc287f7-3fea-4b20-ad96-d64ed3f32780. You further grant VRStyler the right to use your name and trademarks, if any, in connection with our use of your publicly shared User Content for the purposes set forth in Section 4.2.1.
1.2.2 Use by others for free
Users may make User Content available to other users for download for free via one of several Creative Commons licenses. The User is solely responsible for choosing the appropriate license, if any, under which the Content is available for download. By downloading User Content made available by other Users, you agree to adhere to the terms of the Creative Commons license that applies at the time of download.
1.2.3 Use by others for a fee
Subject always to these Terms of Use, you may also elect to make your User Content available to other users for download for a fee. In such an event, you will grant other users a license to use your User Content for the purposes and under the conditions detailed in the License Agreement. For the different types of licenses and details thereof, please see the License Agreement. Each such license is subject to payment of a license fee by the other users (whether one-time or subscription-based), and VRStyler is entitled to a commission thereon, at the then-current rates detailed here. You acknowledge and agree that VRStyler and its parents, affiliates, subsidiaries, co-venturers, and licensed affiliates are intended third-party beneficiaries of the License Agreement.
1.2.4 Download API
Users who make their User Content available to other Users under Articles 4.2.2 and 4.2.3 of these Terms acknowledge and accept that their User Content (i) may be made available and (ii) can be downloaded from a third-party application or website, through the download API operated by VRStyler. For the avoidance of doubt, said Users specifically grant VRStyler a license over their User Content covering all use related to the development, distribution, provision, improvement, and promotion of the download API operated by VRStyler.
Users accessing and downloading User Content through the download API operated by VRStyler shall be authenticated and it is expressly agreed that: (i) the use of the download API is governed by these Terms and each User's plan; (ii) the authenticated User accessing and downloading the User Content shall be responsible for complying with the terms of the license governing said User Content. 1.3 User Representations User acknowledges and agrees that it is solely responsible for all User Content uploaded through the Services. By submitting User Content, you represent and warrant that: (i) you own or otherwise control all of the rights to your User Content, (ii) you have obtained all required consents and releases, including, but not limited to, the right to use an individual’s name and likeness in accordance with an individual’s right of publicity, (iii) you have not and will not violate any individual’s rights, including without limitation any intellectual property rights or rights under applicable privacy laws, (iv) the use of your User Content does not violate this Agreement or applicable law, and will not violate any rights of or cause injury to any person or entity, (v) your User Content will not violate the additional content restrictions set forth in Section 5 of this Agreement, and that (vi) to the greatest extent permitted by law, you hereby irrevocably and unconditionally waive any and all moral rights whatsoever, or any rights of a similar nature, in your User Content, for the benefit of or in favor of VRStyler, including any right to be associated with your User Content (right of paternity) or any right to restrict or prevent the modification or use of your User Content in any manner whatsoever (right of integrity). To the extent you retain any such moral rights under applicable law, you hereby agree not to assert them against VRStyler or other VRStyler users in any manner whatsoever. 1.4 User Feedback We appreciate your feedback and suggestions about our Services, but you agree that any feedback or suggestions submitted to us about the Services are entirely voluntary and that we will be free to use any such feedback or suggestions as we see fit and without any obligation to you. 1.5 Right to Monitor, Moderate or Remove You agree that you bear all risks associated with your User Content and the licensing thereof. You are solely responsible for safeguarding your User Content, and VRStyler has no duty to store copies of User Content for future availability to you or any user except as otherwise provided under this Agreement. VRStyler does not knowingly permit the infringement of intellectual property rights on the Services and will remove User Content from the Services if properly notified that such User Content infringes on another's intellectual property rights. We reserve the right to remove User Content from the Services and terminate any licenses thereto, in whole or in part, without prior notice, for any reason or for no reason at all. Without limiting our right to terminate a User pursuant to Section 9 of this Agreement, we reserve the right to terminate the account of any User of the Services who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice. We also reserve the right to decide whether User Content is appropriate and complies with this Agreement for violations other than violations of intellectual property law. This shall extend to the right of VRStyler to edit, modify, moderate, re-format, change, or otherwise remove all or part of the descriptions, comments, and/or annotations that you and/or third parties add and/or make in relation to your User Content, in any manner that We may determine, whenever We deem it appropriate. 2. User Restrictions and Obligations It is important to us that the Services be used safely, and in accordance with the law, for the enjoyment of all Users. You agree that you will not use the Services to: Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services, VRStyler Content, and User Content except as permitted by this Agreement; Promote any illegal activity, or advocate, promote, or assist any unlawful act; Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy; Transmit any material or content that is pornographic, dehumanizing, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal; Transmit any material or content that is inappropriate for families or otherwise suitable only for audiences over the age of 13, except where such content is appropriately labeled as "Restricted" and conforms to the VRStyler Restricted Content Policy; Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity; Transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group; Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; Transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods; Use the Services in a manner that: (a) is likely to interrupt, suspend, slow down, or hinder the continuity of the Services, (b) constitutes an intrusion or attempt to break into the Services or VRStyler's computer or networking systems, (c) will divert of the Services' system resources, (d) may place a disproportionate load on the infrastructure of the Services, (e) constitutes an attack on security and authentication measures of the Services or VRStyler's computer or networking systems; Intrude into a third party's computer system, engage in 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, or otherwise transmit any materials or content that is harmful to third party information systems (including but not limited to viruses, worms, Trojans); Otherwise, use the Services for purposes other than those for which they were designed. The User is not permitted to modify the design or alter the appearance of the VRStyler viewer (e.g., in embeds or screen captures) other than by using the available embed customization options and the "Viewer API" methods provided by VRStyler, and according to the User’s plan (Basic, Pro, Premium, Enterprise). Removing, hiding, or altering the VRStyler logo watermark is prohibited to all users, under all plans except Premium and Enterprise. Generally, we do not limit or impose additional fees for traffic consumption on Self-Serve accounts (Free, Pro, Premium). However, this policy is subject to fair use: If your aggregate traffic usage (across all your models) is higher than 99% of Self-Serve users on our platform in any calendar month, we may, at our discretion, charge fees for excessive usage, require you to upgrade to a more suitable plan, or terminate your account(s) upon advance written notice. If this occurs on your account, someone on our team will reach out to you about the next steps. It's worth noting that most accounts never reach this threshold. You agree to inform VRStyler promptly about any legal complaint, claim, or action related to the User Content you have uploaded using the Services.
