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TERMS OF USE

Last updated on March 23, 2023. See changes here.

Sketchfab, Inc. ("Sketchfab," "we" or "us") is pleased to provide you with
access to the Sketchfab platform, which allows a user ("User" or "you") to
upload, download, and/or publish 3D files on the Sketchfab website, or embed on
third-party websites by means of our proprietary viewer. All elements of the
Sketchfab platform, along with our proprietary 3D viewing technology and
software, are referred to herein as the "Services," and may be modified from
time to time at our sole discretion.

By registering with us, or by using the Services, you agree to be bound by these
Terms of Use (the "Agreement,") which we may update from time to time. Your
continued use of the Services (or any User Content downloaded from the Services)
constitutes your consent to such changes. PLEASE READ THIS AGREEMENT CAREFULLY
AND CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES. IF YOU DO NOT AGREE TO
THESE TERMS OF USE, YOU MAY NOT USE THE SERVICES.

IMPORTANT NOTICE: YOUR USE OF THE SERVICES IS SUBJECT TO AN ARBITRATION
PROVISION IN SECTION 11, REQUIRING ALL CLAIMS TO BE RESOLVED VIA BINDING
ARBITRATION, AND A WAIVER OF THE RIGHT TO BRING OR JOIN CLASS ACTIONS.

For information regarding how we use and protect your personal information,
please see the Sketchfab Privacy Policy (“Privacy Policy”), available at
https://sketchfab.com/privacy.


TABLE OF CONTENTS

 1.  General Conditions
 2.  Subscriptions and Purchases
 3.  Ownership of Sketchfab Content
 4.  User Content
 5.  User Restrictions and Obligations
 6.  Warranty Disclaimers, Limitations of Liability, Indemnity
 7.  International Data Processing
 8.  Intellectual Property Claims
 9.  Modifying and terminating the Services
 10. Other Websites and Services
 11. Applicable law and jurisdiction; Arbitration
 12. Amendment
 13. Miscellaneous
 14. Artificial Intelligence


1. GENERAL CONDITIONS

1.1 Description of Services. Sketchfab is pleased to offer free services ("Free
Services") with limited functionality, as well as various tiers of paid services
("Paid Services") plans with enhanced functionality. Detailed descriptions of
the Free Services and Paid Services plans, including pricing, duration, and
features, are available at https://sketchfab.com/plans.

1.2 Account. A Sketchfab account is required in order to take full advantage of
the Services. The account can be created directly by filling out the appropriate
form, or via third-party website accounts such as Twitter, Google or Facebook.
You agree to provide only accurate and true information in connection with the
creation of your account, and to update your information as necessary so it
remains accurate and current. You may not transfer your account to any third
party. You are responsible for keeping your account login information
confidential and for any and all activities that occur under your account. You
agree to notify us immediately if you suspect or become aware of any
unauthorized use of your account or other breach of security on the Services.
You will have the ability to pick any available usernames to link to your
account. Please note that Sketchfab retains the right at any time to deactivate,
reallocate or rename your username at its sole discretion. In the event of the
deactivation, reallocation or renaming of your username all your User Content
and Services shall continue to remain associated with your account, subject to
the terms of this Agreement.

1.3 Access. We may, in our sole discretion, refuse to offer the Services to any
person or entity. We may, in accordance with this Agreement and Section 9
hereof, terminate your right to use the Services, or any portion of thereof, and
block or prevent your future access to and use of the Services or any portion
thereof.

1.4 Minors. THE SERVICES ARE NOT INTENDED FOR CHILDREN UNDER 18, and persons
under the age of 18 are prohibited from registering with or using the Services.
You represent and warrant that you are more than 18 years of age. This provision
is void where prohibited by law and the right to access the Services is revoked
in such jurisdictions.


2. SUBSCRIPTIONS AND PURCHASES

2.1 Pricing. The pricing of our various Paid Services options is available at
https://sketchfab.com/plans. Payment is due at the beginning of each
subscription period, payable securely via PayPal (www.paypal.com). Sketchfab
shall email payment invoices to Users upon request. In the event of a pricing
change to your Paid Services plan, we will inform you within 2 (two) months
before the new prices take effect. If you do not wish to continue your current
Paid Services plan with the new prices, you may cancel your Paid Services plan.

2.2. Representations. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO
USE THE PAYPAL ACCOUNT, AND ANY BANK ACCOUNTS OR CREDIT CARD(S) ACCESSED THROUGH
THE PAYPAL ACCOUNT, THAT YOU USE TO PAY FOR THE SERVICES. You agree to pay all
charges incurred by you or any users of your account at the prices in effect
when such charges are incurred. You will also be responsible for paying any
applicable taxes relating to your purchases. Verification of information
applicable to a purchase may be required prior to our acceptance of any order.


3. OWNERSHIP OF SKETCHFAB CONTENT

3.1 Generally. By using the Services, you will encounter "Sketchfab Content,"
which includes all of the images, text, information, data, audio, video,
graphics and other material included on or otherwise made available through the
Services, excluding User Content. "User Content" includes all the 3D models,
images, audio, and related content, as well as User comments, uploaded by Users.
Except as otherwise set forth in this Agreement, we do not claim ownership over
any User Content.

3.2 Ownership. All Sketchfab Content is owned by Sketchfab, Inc. or its
licensors, and is protected by U.S. and international copyright laws, trademark
laws and/or other proprietary rights and laws. As between you and Sketchfab,
Inc. and its licensors, Sketchfab, Inc. or its licensors own and retain, solely
and exclusively, all rights, title and interest in and to the Services, and all
Sketchfab Content that we or our licensors create and that we make available to
you through the Services, including but not limited to any and all copyrights,
trademark rights, trade secret rights, patent rights, database rights and other
intellectual property and proprietary rights therein. The trademark SKETCHFAB
and all associated logos and the other trademarks, service marks, logos and
trade names displayed on or in connection with the Services are the registered
and unregistered trademarks and service marks of Sketchfab, Inc. or third
parties in the United States and/or other countries. Your use of the Services
does not grant you any ownership over any Sketchfab Content, and except for the
limited license we grant you under this Agreement, your use of the Services does
not grant you any license or permission under any copyright, trademark or other
intellectual property rights of Sketchfab, Inc. or any third party. We reserve
all rights not expressly granted to you in this Agreement.

3.3. Service and Content License. We grant you a limited, revocable,
non-exclusive, non-sublicensable and non-transferable license to use the
Services as they are provided to you by us, only as set forth in this Agreement.
Except as expressly permitted in this Agreement, you may not reproduce,
distribute, adapt, modify, translate, create derivative works from, publish or
otherwise use any portion of the Services or Sketchfab Content for any purpose
without express prior written permission from us or the applicable rights
holder. Any commercial exploitation of the Services or Sketchfab Content without
express prior written permission from us or the applicable rights holder is
strictly prohibited.

3.4 Software. All software and software-as-a-service (SAAS) used in connection
with the Services ("Software") is proprietary to us or to third parties, and
except as may be required to exercise the foregoing license grant, any use,
redistribution, sale, decompilation, reverse engineering, disassembly,
translation or reduction of such software to human-readable form is prohibited.
You agree that we may update the Software without notice, at any time and in our
sole discretion, and that this Agreement will apply to any updated versions.


4. 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 Sketchfab 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 onto our
Website during the term of this Agreement.

4.1 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, and 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. Sketchfab 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.

4.2 User Content License.

4.2.1 Use by us. By using the Services, you grant Sketchfab 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 Sketchfab'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://sketchfab.com/privacy. You
further grant Sketchfab 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 this Section 4.2.1.

4.2.2 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. For
more information, see https://creativecommons.org/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.

4.2.3 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 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 Sketchfab is
entitled to a commission thereon, at the then-current rates detailed here. You
acknowledge and agree that Sketchfab and its parents, affiliates, subsidiaries,
co-venturers and licensed affiliates are intended third-party beneficiaries of
the License Agreement.

4.2.4 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 Sketchfab.
For the avoidance of doubt, said Users specifically grant to Sketchfab a license
over their User Content covering all use related to the development,
distribution, provision, improvement and promotion of the download API operated
by Sketchfab.

Users accessing and downloading User Content through the download API operated
by Sketchfab 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; and (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.

4.3 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)
where your User Content is made available under a license that permits other
users to redistribute that content (including as part of a larger work) and was
created using Generative AI Programs, you have applied the "CreatedWithAI" tag,
and that (vii) 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
Sketchfab, 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 Sketchfab or other Sketchfab users in any manner whatsoever.

4.4 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.

4.5 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 Sketchfab has no duty to
store copies of User Content for future availability to you or any user except
as otherwise provided under this Agreement. Sketchfab 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 Sketchfab 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.


5. 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:

 1.  Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use
     the Services, Sketchfab Content, and User Content except as permitted by
     this Agreement;
 2.  Promote any illegal activity, or advocate, promote or assist any unlawful
     act;
 3.  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;
 4.  Transmit any material or content that is pornographic, dehumanizing,
     threatening, harassing, libelous, hate-oriented, harmful, defamatory,
     racist, xenophobic, or illegal;
 5.  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
     Sketchfab Restricted Content Policy;
 6.  Transmit any material or content that attempts to falsely state or
     otherwise misrepresent your identity or affiliation with a person or
     entity;
 7.  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;
 8.  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;
 9.  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;
 10. 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 Sketchfab'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, and (e)
     constitutes an attack on security and authentication measures of the
     Services or Sketchfab's computer or networking systems;
 11. 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 for third party
     information systems (including but not limited to viruses, worms, Trojans);
 12. Otherwise use the Services for purposes other than those for which they
     were designed;
 13. Except where explicitly allowed by this Agreement, collect, aggregate,
     mine, scrape, or otherwise use any Sketchfab Content or User Content for
     the purposes of publishing, selling, distributing or otherwise making the
     content available to others to use, download or copy; or
 14. Collect, aggregate, mine, scrape or otherwise use NoAI Content (i) in
     datasets utilized by Generative AI Programs; (ii) in the development of
     Generative AI Programs; or (iii) as inputs to Generative AI Programs.

The User is not permitted to modify the design or alter the appearance of the
Sketchfab viewer (e.g., in embeds or screen captures) other than by using the
available embed customization options and the "Viewer API" methods provided by
Sketchfab, and according to the User's plan (Basic, Pro, Premium, Enterprise).
Removing, hiding, or altering the Sketchfab 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
next steps. It's worth noting that most accounts never reach this threshold.

You agree to inform Sketchfab promptly about any legal complaint, claim or
action related to the User Content you have uploaded using the Services.


6. WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNITY

DISCLAIMER OF WARRANTIES. SKETCHFAB MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND REGARDING THE SERVICES OR THE SKETCHFAB CONTENT. YOU EXPRESSLY AGREE
THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED
"AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
SKETCHFAB, INC. EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL
WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE
SERVICES, WEBSITE AND THE SKETCHFAB CONTENT WILL MEET YOUR REQUIREMENTS, WILL
ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE
WITHOUT ERROR; (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION,
USE OR OTHER EXPLOITATION OF THE SERVICES, WEBSITE OR THE SKETCHFAB CONTENT; AND
(iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE
SERVICES, WEBSITE OR THE SKETCHFAB CONTENT. No advice or information obtained by
you from Sketchfab, Inc., or otherwise through the Services, will create any
warranty not expressly stated herein.

LIMITATION OF LIABILITY. SKETCHFAB'S MAXIMUM AGGREGATE LIABILITY TO ANY USER
WILL BE THE AMOUNT PAID BY SUCH USER TO SKETCHFAB FOR THE PERIOD IN WHICH THE
LIABILITY ARISES (UP TO A MAXIMUM OF USD10,000), ONLY IF THE USER HAS PAID FEES
FOR USE OF THE SERVICES. SKETCHFAB WILL NOT OTHERWISE BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR FROM ANY INFORMATION,
SKETCHFAB CONTENT, DESIGNS, USER CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS
OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity. You agree to indemnify and hold Sketchfab and its affiliates,
subsidiaries, owners, directors, officers, employees and agents harmless from
and against any and all claims, demands, suits, proceedings, liabilities,
judgments, losses, damages, expenses and costs (including without limitation
reasonable attorneys' fees) assessed or incurred by Sketchfab directly or
indirectly, with respect to or arising out of: (i) your failure to comply with
this Agreement; (ii) your breach of your obligations under this Agreement; (iii)
your use of the rights granted hereunder, including without limitation any
claims made by any third parties; (iv) your violation of any third party right
or applicable law, including without limitation any intellectual property,
publicity, or privacy, right or law; and/or (v) any claim that any of your User
Content caused damage to a third party.


7. INTERNATIONAL DATA PROCESSING

Sketchfab is a company with operations around the world. To help provide you
with the Services, we and our service providers may process your data on servers
and equipment located in the United States or any other countries where we or
they operate. By using the Services, you agree to the transfer of your data to
locations that may be outside your country of residence, including the United
States. You acknowledge and agree that, as a condition of providing Sketchfab
with your data, you can legally transfer it to other countries like the United
States for the purposes contemplated under this Agreement. If data includes
personal data of data subjects in the European Union, you may be required to
enter into a data processing agreement with Sketchfab that includes
Controller-to-Processor Standard Contractual Clauses. Other jurisdictions may
have their own data processing requirements for some parties and types of data.
To learn more about data processing agreements terms that may be available to
support your use of the Services, please contact the Sketchfab support team.


8. INTELLECTUAL PROPERTY CLAIMS

Sketchfab respects the intellectual property rights of others, and complies with
the provisions of the Digital Millennium Copyright Act (DMCA) applicable to
Internet service providers (17 U.S.C. § 512, as amended). We respond to clear
notices of alleged copyright infringement, and infringing materials posted by
Users can be identified and removed pursuant to this complaint procedure.

In the event you believe that any User Content on the Services infringes your
copyright, please file a notice of infringement using this form:

FILE A DMCA TAKEDOWN NOTICE

Electronic notification is preferred. You can also file a notice with our
designated agent, but processing may be slower than using the link above.

Sketchfab, Inc.
ATTN: Alban Denoyel
440 9th Ave, Suite 1700
New York, NY 10001
DMCA@sketchfab.com

To be effective, any notice submitted to our Copyright Agent must comply with
the requirements set forth at 17 U.S.C. § 512(c)(3), and must include
substantially the following:

 1. A physical or electronic signature of a person authorized to act on behalf
    of the owner of an exclusive right that is allegedly infringed;
 2. Identification of the copyrighted work claimed to have been infringed, or,
    if multiple copyrighted works at a single online site are covered by a
    single notification, a representative list of such works at that site;
 3. Identification of the material that is claimed to be infringing or to be the
    subject of infringing activity and that is to be removed or access to which
    is to be disabled, and information reasonably sufficient to permit us to
    locate the material;
 4. A statement that you have a good faith belief that use of the material in
    the manner complained of is not authorized by the copyright owner, its
    agent, or the law; and
 5. A statement that the information in the notification is accurate, and under
    penalty of perjury, that you are authorized to act on behalf of the owner of
    an exclusive right that is allegedly infringed.

Sketchfab will, upon receiving your compliant notice of copyright infringement,
contact the User who posted the allegedly infringing User Content concerning the
notice of infringement, and expeditiously remove the allegedly infringing User
Content. It is our policy to document all notifications of alleged infringement
on which we act. A copy of the notification may be sent to one or more third
parties who may make it available to the public. Please be advised that it is
our policy to terminate the accounts of users that repeatedly violate this
Agreement and/or the DMCA Policy.

If you are a User and material that you have uploaded to the Services has been
removed or disabled, you may file a counter-notification pursuant to 17 U.S.C. §
512(g). To be effective, the counter-notification must be a written
communication sent to the Designated Agent address listed above that includes
the following:

 1. Your physical or electronic signature;
 2. Identification of the material that has been removed or to which access has
    been disabled, and the location at which the material appeared before it was
    removed or access to it was disabled;
 3. A statement under penalty of perjury that you have a good faith belief that
    the material was removed or disabled as a result of mistake or
    misidentification of the material to be removed or disabled; and
 4. Your name, address, and telephone number, and a statement that you consent
    to the jurisdiction of Federal District Court for the judicial district in
    which the address is located or, if your address is outside of the United
    States, for any judicial district in which Company may be found, and that
    you will accept service of process from the person who provided notification
    under subsection 17 U.S.C. § 512(c)(1)(C) or an agent of such person.

If you have a claim related to trademarks, patents, intellectual property, or
any other matter other than copyright, please contact us. Please provide
detailed information regarding the nature of your complaint, including but not
limited to your name and contact information, the subject matter of the
complaint, and any additional information that we may require in order to review
the matter and take action (or no action) as may be appropriate. Please be
advised that we may share the details of your complaint with the User that owns
the User Content that is the subject of your complaint, or with appropriate
authorities (including law enforcement authorities) if Sketchfab in its sole
discretion believes that such action is necessary, or if we are obligated to do
so by law.


9. MODIFYING AND TERMINATING THE SERVICES

9.1 At any time. Sketchfab reserves the right to modify or stop offering all or
part of the Services at any time, at its own discretion, in which case we will
provide you with one (1) month's notice.

9.2 For cause. We may terminate your user account or right to access all or
portions of the Services at any time, without notice, for conduct that we
believe violates this Agreement and/or is harmful to other users, to Sketchfab,
to other service or information providers, or to any third parties.

9.3 Survival. After any termination of this Agreement and/or after you otherwise
stop using the Services, the following will survive and remain enforceable and
in full force and effect: (i) all outstanding obligations between you and us;
(ii) all remedies for breach of this Agreement; and (iii) all terms and
conditions of this Agreement to the extent necessary for the enforcement of the
parties rights and obligations, including, without limitation, the following
sections of this Agreement: 3.2; 4.1; 4.3; 4.5; 5; 6; 7; 8 ; 9; 10; 11; and 13..


10. OTHER WEBSITES AND SERVICES

The Services may contain links and features that enable you to access other
third-party websites or services ("Third-Party Services") that are not owned or
controlled by us. Such Third-Party Services are governed by their own terms of
use. We do not control Third-Party Services, and we are not responsible for the
contents of any linked site. A link does not imply endorsement of, sponsorship
of, or affiliation with the Third-Party Services by Sketchfab. Please exercise
caution before proceeding to any Third-Party Services or entering into any
transaction with third parties linked to from the Services. Sketchfab may in no
circumstances be held liable for the technical availability of Third-Party
Services, the content, advertising, products and/or services available on
Third-Party Services, or any transactions that take place between a User and
Third-Party Services whom the User has been directed via the Services. Sketchfab
may in no circumstances be a party to any disputes whatsoever between you and
third parties concerning Third-Party Services.


11. APPLICABLE LAW AND JURISDICTION; ARBITRATION

11.1 Applicable law and jurisdiction. The Services are primarily operated by
Sketchfab from its offices in the United States and France. Access to the
Services from jurisdictions where such access is illegal is prohibited. All
matters arising from or relating to this Agreement and the use and operation of
the Services shall be governed by the substantive laws of the state of North
Carolina, USA, without regard to its conflicts of laws principles, except to the
extent the privacy laws of other jurisdictions govern our treatment personal
information as described in our Privacy Policy. Without derogation of the
obligation to arbitrate set forth in Section 11.2 below, you agree to submit to
the personal jurisdiction of the state and federal courts located in Raleigh,
North Carolina, USA. If you are accessing the Services from locations outside
the United States, including the European Union, you will be responsible for
compliance with all local laws of any such other location, and in no event will
you use the Services or User Content in violation of US or EU export laws or
regulations.

11.2 Arbitration. All disputes arising out of or relating to this Agreement or
the Services shall be resolved exclusively by binding arbitration before a
single arbitrator (the "Arbitrator") in accordance with the Commercial
Arbitration Rules of the American Arbitration Association (the "AAA") then in
effect and the further procedures set forth herein. (For information on the AAA
and its rules, see www.adr.org.) The arbitration shall be conducted in Raleigh,
North Carolina, unless the Arbitrator shall determine that that venue is not
reasonably convenient to all parties, in which case the Arbitrator shall
determine another venue that is. In the event that the AAA is unavailable or
unwilling to administer the arbitration, and the parties are unable to agree to
a substitute, a substitute shall be appointed by the court. The Arbitrator shall
have authority to issue any and all remedies authorized by law. The arbitration
shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 2 et seq.
Notwithstanding any rules of the AAA to the contrary, any claims shall be
adjudicated on an individual basis only, and ALL USERS WAIVE ANY RIGHT TO BRING
ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS
BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION
PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO. Any award rendered by
the Arbitrator shall be final, conclusive and binding upon the parties hereto.
In connection with any arbitration proceeding pursuant to these terms and
conditions, unless the Arbitrator shall determine otherwise, each party shall
bear its own costs and expenses. Notwithstanding the foregoing, Sketchfab shall
have the right to commence and prosecute any legal or equitable action or
proceeding before any court of competent jurisdiction to obtain injunctive or
other relief against you in the event that, in the opinion of Sketchfab, such
action is necessary or desirable. Also notwithstanding the foregoing, a User may
at their option file an individual claim in any small claims court for disputes
or claims within the scope of its subject matter jurisdiction if such court has
personal jurisdiction. Sketchfab does not hereby waive any defense that such
jurisdiction may be lacking in the User's jurisdiction.

11.3 Class Action Wavier. To the maximum extent permitted by applicable law, you
agree to only bring disputes in an individual capacity and shall not: seek to
bring, join, or participate in any class or representative action, collective or
class-wide arbitration, or any other action where another individual or entity
acts in a representative capacity (e.g., private attorney general actions); or
consolidate or combine individual proceedings or permit an arbitrator to do so
without the express consent of Sketchfab and all parties to all other actions or
arbitrations.


12. AMENDMENT

Sketchfab reserves the right to amend the Agreement at any time by posting a
notice on this page, sending an email notification to registered Users, or
otherwise notifying Users via the Services. Registered Users will receive
notification of forthcoming change one (1) month before the Agreement as amended
is effective. Any User using the Services after an amendment has become
effective accepts the Agreement as amended. A User who does not accept the
amended Agreement shall, before it becomes effective, cease use of the Services.


13. MISCELLANEOUS

This Agreement represents the entire agreement between Sketchfab and the User
with respect to the provision of the Services, and all prior representations and
understandings, whether written or oral, are excluded. No delay or omission by
Sketchfab in exercising any of its rights occurring upon any noncompliance or
default by any User with respect to any of the terms and conditions of this
Agreement will impair any such right or be construed to be a waiver thereof, and
a waiver by Sketchfab of any of the covenants, conditions or terms to be
performed by a User will not be construed to be a waiver of any succeeding
breach thereof or of any other covenant, condition or terms hereof contained. As
used in this Agreement, "including" means "including but not limited to." If any
provision of this Agreement is found by a court of competent jurisdiction to be
invalid or unenforceable, then the Agreement will remain in full force and
effect and will be reformed to be valid and enforceable while reflecting the
intent of the parties to the greatest extent permitted by law. You shall not
assign or transfer this Agreement or any right or obligation hereunder to any
third party. Sketchfab may freely assign this Agreement, including to any
purchase of Sketchfab, Inc. and/or its business operations. You agree that the
electronic text of this Agreement constitutes a writing, and your assent to the
terms and conditions hereof constitutes a "signing" for all purposes.

You consent to receive communications from us electronically, and you agree that
we may communicate with you by email or by posting notices on the Services. You
agree that all agreements, notices, disclosures and other communications that we
provide to you, or that you provide to us, electronically satisfy any legal
requirement that such communications be in writing. We are not responsible for
any automatic filtering that may be applied to any email notices that we send to
the email address you have provided.

The Services are operated by Sketchfab, Inc., a Delaware corporation. General
inquiries may be directed to our support team.


14. ARTIFICIAL INTELLIGENCE

(a) Identifying where User Content should not be used with Generative AI
Programs

We care about protecting creators and providing the tools to protect their
creations. You are able to tag your projects containing your User Content with
"NoAI" if you would like such content to be prohibited from use with AI. This
tag will not be applied to your uploads or your User Content by default; you
must actively designate your projects containing your User Content for the
"NoAI" tag to apply. Any User Content that has been tagged, labeled, or
otherwise marked "NoAI" via the functionality provided by the platform will be
known as "NoAI Content."

For purposes of this Agreement, "Generative AI Programs" means artificial
intelligence, machine learning, deep learning, neural networks, or similar
technologies designed to automate the generation of or aid in the creation of
new content, including but not limited to audio, visual, or text-based content.
You shall not collect, aggregate, mine, scrape, or otherwise use NoAI Content
(i) in datasets utilized by Generative AI Programs; (ii) in the development of
Generative AI Programs; or (iii) as inputs to Generative AI Programs.

Sketchfab agrees, whether or not your User Content is NoAI Content, that it will
not use your User Content or license your User Content to third parties for use
(i) in datasets utilized by Generative AI Programs; (ii) in the development of
Generative AI Programs; or (iii) as inputs to Generative AI Programs.

(b) Identifying where User Content is created with Generative AI Programs.

If you make User Content available under a license that permits other users to
redistribute that content (including as part of a larger work) and such User
Content is created using Generative AI Programs, you must tag such User Content
using the "CreatedWithAI" tag. Any content uploaded to the Services that has
been tagged, labeled, or otherwise marked "CreatedWithAI" via the functionality
provided by the platform will be known as "CreatedWithAI Content." Sketchfab
will not apply the "CreatedWithAI" tag to User Content; you are solely
responsible for complying with the requirement to tag your User Content.

Under this Agreement, User Content is considered to be created using Generative
AI Programs where a material portion of User Content is generated with
Generative AI Programs, whether characters, backgrounds, or other material
elements. User Content is not considered to be created using Generative AI
Programs merely for use of features that solely operate on content (e.g.,
content-aware fill) or that don’t introduce material Generative AI elements into
your work (e.g. AI based image upscaling).

The effective date of these Terms of Use is March 23, 2023.

Regulatory Disclosure Requirement - Monthly Active Users in the EU (Updated
August 18, 2023)
The estimated average monthly active recipients in the European Union of
Sketchfab for the past six months was 840,000.
Users who accessed more than one of Epic's services or products in a given month
are counted as a user for each service or product.

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