These are the terms and conditions subject to which we allow you to use Our Website (3dsquirrel.co.uk). By visiting or using Our Website, or signing up for our services, you agree to be bound by them. You may not use Our Website if you are under the age of 18 years. Once a Licensed Product has been purchased or downloaded for free from our website you also agree to be bound by our Product Licence Agreement.
If you violate these terms we may terminate your use of Our Website, bar you from future use of Our Website, cancel your order, and/or take appropriate legal action against you.
We are: 3D Squirrel Ltd, a company registered in England & Wales with the number 8310015.
Our address is: 4A Kingfisher Court, Bellbrook Business Park, Uckfield, East Sussex, TN22 1QQ, United Kingdom.
VAT Registration Number: 203557333
You are: Anyone who uses Our Website or buys from us.
It is now agreed as follows:
In this agreement, the following words shall have the following meanings, unless the context requires otherwise:
– means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations.
It includes content Posted by you.
– means Content Posted by you.
– means intellectual property owned by us or by any third party, of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights or for which application for registration has been made in any country.
– means the entire computing hardware and software installation that is or supports Our Websites including any communication or peripheral system.
– means place on or into Our Website any Content or material of any sort by any means.
– means a licence granted by us to you in the terms of this agreement for use of a Licensed Product.
– means any product, material or thing offered for licence by us on Our Website, whether or not bought by you. A reference to “Product” shall be a reference to all or part of a Product or to a Product changed by you in any way.
– means any service we sell from time to time, whether or not connected to a Licensed Product.
In this agreement the following meanings apply unless the context otherwise requires:
2.1. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2.2. a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
2.3. in the context of permission, “may not” in connection with an action of yours, means “must not”.
2.4. the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
2.5. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.6. a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
2.7. all money sums mentioned in this agreement are calculated net of VAT, which will be charged (if applicable) when payment is due.
2.8. these terms and conditions apply to all supplies of Licensed Products by us. They prevail over any terms proposed by you.
2.9. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Basis of Contract
3.1. If you use Our Website in any way on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.2. When you buy a Licensed Product, you are in fact buying a licence to use that Product. That licence is supplemental to this agreement and to be read with this agreement to provide the full agreement between us. This can be viewed here.
3.3. In entering into this contract you have not relied on any representation or information from any source except Our Website.
3.4. You acknowledge that you are satisfied that the Product you have selected is suitable and satisfactory for your requirements;
3.5. There is no contract between us for any free Service, so you do not become a client by using any free Service and we are not liable to you in any way resulting from your use of any free Service.
3.6. The price of any Product or Service may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy a Service.
3.7. You agree that you are bound by these terms (or the latest version of them) for all future contracts with us, whether ordered through Our Website or in some other way.
3.8. You now agree that you commit a breach of this contract if you seek repayment of money paid to us by asking your credit card provider to credit back a payment made to us, without attempting to seek repayment from us first. In that event, you agree that you will owe us first the sum charged to us by our merchant service provider and secondly a sum based on time spent at £50 per hour in dealing with your breach. You also agree that this provision is reasonable.
3.9. The Contract between us comes into existence at the earlier of:
3.9.1 when we write to you to confirm that your order has been delivered by an email attachment; or
3.9.2 when you download the Product you have bought or download a Product for free.
We may change this agreement and/or the way we provide a Product, at any time. If we do:
3.10.1 the change will take effect when we Post it on Our Website. You are advised to check this page from time to time.
3.10.2 if you make any payment for Products or Services in the future, you will do so under the terms posted on Our Website at that time.
4. If you buy Services as a consumer
If you buy Services as a Consumer as defined in the Consumer Protection (Distance Selling) Regulations 2000 and only if those regulations apply to your contract with us, then:
4.1. you may have a right to cancel the contract. In that event, we will refund your payment in full by means of the same method as you paid us.
4.2. free Services are not covered by the Regulations.
For more information regarding your consumer rights please see our Licence Agreement.
5. Content you Contribute or Post to Our Website
You agree that you will not use or allow anyone else to use Our Website to Post a Contribution which is or may:
5.1. be information which could promote or assist any unlawful purpose;
5.2. be malicious or defamatory;
5.3. consist in commercial audio, video or music files;
5.4. assist in or promote: emulators, hacking, password cracking, IP spoofing;
5.5. be illegal, obscene, offensive, threatening or violent;
5.6. be sexually explicit or pornographic;
5.7. promote discrimination or animosity to any person on grounds of gender, race, religion, nationality, disability, sexual orientation or age;
5.8. be likely to harass, intimidate, bully, upset, embarrass, alarm, annoy any other person;
5.9. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
5.10. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
5.11. solicit passwords or personal information from anyone;
5.12. be used to sell any goods or services or for any other commercial use;
5.13. be used to send any communication by automated email or otherwise;
5.14. be incomplete or inaccurate or submitted otherwise than as requested by Our Website;
5.15. request personal information from other users nor Post any unnecessary personal information about you or any user without his permission;
5.16. link to any of the material specified above, in this paragraph.
6. Other restrictions
You agree that you will not use or allow anyone else to use Our Website:
6.1. in a way which violates the law of any country in which we operate, or which fails to comply with accepted Internet protocol;
6.2. for spamming. Spamming includes, but is not limited to:
6.2.1 the bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
6.2.2 the use of distribution lists that include people who have not given specific permission to be included in such distribution process;
6.2.3 excessive and repeated Posting off-topic messages to newsgroups;
6.2.4 sending age-inappropriate communications or Content to anyone under the age of 18.
7. About Contributions Posted by you
You now confirm that:
7.1. we may, at our discretion, read, assess, review or moderate any Contribution or Content Posted on Our Website. If we do, we need not notify you or give you a reason.
7.2. you own all of the Contributions you Post;
7.3. you understand that you are personally responsible for your breach of intellectual property rights, defamation, or any law, which may occur as a result of any Contributions having been Posted by you;
7.4. you will immediately notify us of any security breach or unauthorised use of your account.
7.5. you accept all risk and responsibility for determining whether any Contribution is in the public domain and not confidential.
7.6. you irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any Contribution that you place on Our Website, throughout the World and in any medium. You represent and warrant that you are authorised to grant all such rights.
7.7. you agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Contribution as provided in the Copyright, Designs and Patents Act 1988 s80.
7.8. you now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
7.9. you now irrevocably release us from any right or claim of yours arising out of or in connection with any item of feedback, rating or other Contribution Posted by you.
8. Removal of offensive Content
8.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
8.2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
8.3. If you are offended by any Content, the following procedure applies:
8.3.1 Your claim or complaint must be submitted to us in the support form available on Our Website, or sent by post/email containing the same information as that requested in our support form.
8.3.2 we shall remove the offending Content as soon as we are reasonably able;
8.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
8.3.4 we may re-instate the Content about which you have complained or not.
8.4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
8.5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
9. Security of Our Website
We may, at our discretion or as part of a paid Service, give you permission to access Our Website for the purpose of Posting or uploading a Contribution or Content of some sort. We may read, assess, review or moderate any Contribution or Content Posted on Our Website. If we do, we need not notify you or give you a reason.
If you violate Our Website or use it unlawfully or immorally, we will take the strongest action against you that we can. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Your action may also be unlawful in other countries, where you may accordingly be subject to extradition and criminal proceedings.
You now agree that you will not, and will not allow any other person to:
9.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
9.2. link to our site in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
9.3. download any part of Our Website, without our express written consent;
9.4. collect or use any product listings, descriptions, or prices;
9.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
9.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
9.7. for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
9.8. use Our Website to hack into the computer of any other person or make contact with any other computer;
9.9. make available or upload files that contain software or other material, data or information not owned or licensed to you, including pirated computer programs, pirated music or other media or links to any such files;
9.10. make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software;
9.11. upload or republish any part of our Content on any Internet, intranet or extranet site.
9.12. hide or remove the banner advertisements on any page of Our Website;
9.13. share with a third party any login credentials to Our Website;
9.14. use Our Website software which assists in:
9.14.1 data mining, extraction or collection;
9.14.2 emulating, phreaking, hacking, password cracking, IP spoofing or over-loading Our Website;
9.14.3 “framing”, inserting pop-up windows, interstitial pages or advertisements, or similar techniques.
9.14.4 performing any automated operation;
9.15. Despite the above terms, we now grant a licence to you to:
9.15.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any Product or Service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
9.15.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
10. Interruption to our service
10.1. If it is necessary for us to interrupt our Service, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.
10.2. You acknowledge that our Service may also be interrupted for many reasons beyond our control.
10.3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to our Service.
11. Intellectual Property
11.1. We will defend our Intellectual Property rights in all countries.
11.2. Except as provided in our Product Licence Terms, you may not copy, modify, publish, transmit, or sell, create derivative works from, distribute, perform, display, or in any way exploit any of our Intellectual Property or that owned by any third party and accessible to you via Our Website.
11.3. You agree that at all times you will:
11.3.1 not to cause or permit anything which may damage or endanger our title to any of our Intellectual Property;
11.3.2 notify us of any suspected infringement of the Intellectual Property;
11.3.3 indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
11.3.4 use any name or mark similar to or capable of being confused with any name or mark of ours.
12. Disclaimers and limitation of liability
12.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
12.2. All implied conditions, warranties and terms are excluded from this agreement.
12.3. Our Website includes Content Posted by third parties. We are not responsible for any such Posting. If you come across any Content which offends against this document, please contact us via the “Contact us” page on Our Website.
12.4. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
12.5. We sell Products in good faith. But we make no representation or warranty that any Licensed Product will be:
12.5.1. useful to you;
12.5.2. of satisfactory quality;
12.5.3. fit for a particular purpose;
12.5.4. available or accessible, without interruption, or without error;
12.6. Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
12.7. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
12.8. you agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Licensed Products concerned.
12.9. We shall not be liable to you for any loss or expense which is:
12.9.1. indirect or consequential loss; or
12.9.2. economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
12.10. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999, as well as to ourselves.
12.11. If you become aware of any breach of any term of this agreement by any person, please tell us by writing to us at the above address. We welcome your input but do not guarantee to agree with your judgement.
12.12. Nothing in this agreement shall be construed as limiting or excluding our liability for death or personal injury caused by our negligence.
13. You Indemnify Us
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
13.1. your failure to comply with the law of any country;
13.2. your breach of this agreement;
13.3. any Content you Post to Our Website;
13.4. any data you send or upload to Our Website for storage or any other purpose;
13.5. a breach of the intellectual property rights of any person;
13.6. your failure to conform to any relevant Internet protocol;
13.7. any use of your site for a purpose forbidden by this agreement;
13.8. any act, neglect or default by any agent, employee, licensee or customer of yours;
13.9. a contractual claim arising from your use of the Licensed Products;
13.10. and for the purpose of this paragraph, you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at £50 per hour without further proof.
14. Miscellaneous matters
14.1. We reserve the right to change these terms and conditions from time to time as we see fit and your continued use of Our Website will signify your acceptance of any adjustment to these terms.
14.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
14.3. If you are in breach of any term of this agreement, we may:
14.3.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
14.3.2 terminate your account and refuse access to Our Website;
14.3.3 issue a claim in any court.
14.4. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
14.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
14.6. You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
14.7. Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery.
It shall be deemed to have been delivered:
– if delivered by hand: on the day of delivery;
– if sent by post to the correct address: within 72 hours of posting.
14.8. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
14.9. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that act.
14.10. We are not liable for any failure or delay in performance of the contract which this Product enables, nor for any circumstance beyond our reasonable control, including any labour dispute.
14.11. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in England and Wales.
Dated: 19 February 2019