Terms of Service
Before using any S3ART services, you must read, understand and agree to these terms.
Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, governs our relationship with you in relation to the site. If you disagree with any part of the terms, please do not access the site.
For good and valuable consideration, the receipt and sufficiency of which each party acknowledges, the parties hereby agree as follows:
You do not have to be a member of the Site to enjoy some of the features of the Site. In particular, the Site users who are not members may view some of the content on the Site as long as they comply with our standards of conduct. However, members receive additional benefits (and different levels of members may receive different benefits), subject to our standards of conduct from time-to-time. We may change the benefits, features and levels of membership from time-to-time by sending you an email or by posting the changes on the Site. Our provision of the above benefits to you, including S3ART Learning (defined in section 9), the Store (defined in section 10(a)), and all other services we provide on the Site, are collectively the “Services”. S3ART may use third parties to provide some or all of the Services. The Services may be provided using servers and other equipment located in any country including Spain, the United States and elsewhere.
By registering as a member you represent and warrant to us that:
(a) you are an individual who can form a legally binding contract at law; and
(b) you are at least 18 years old, and of the age of majority in the jurisdiction from which you access the Site.
Minors are not allowed to use S3ART.
4. Account, User Name and Password
(a) You must select a unique user name for your account. You must not use a user name that is, in our sole discretion, vulgar, offensive, defamatory, obscene, hateful or otherwise unlawful or objectionable. We may modify user names as we see fit.
(b) You must keep your password secure and confidential.
(c) You are solely responsible and liable for all activity conducted through your account. If you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorized disclosure or use of your password, you must immediately report the actual or suspected security breach to us by contacting us.
(d) All information you provide to us must be true, complete and current, and you must update this information as necessary to keep it true, complete and current.
5. Access and Use of Services
You may only access the Services through the interface provided on the Site. Also, you may only use the Services for your own purposes, and you must not resell, transfer or otherwise provide any of the Services to any third party.
Many portions of the Site are free to use. However, if you wish to use any of the premium services or wish to purchase any products available on the Site, you agree to pay S3ART the prices posted on the Site for those products and services, plus all applicable taxes, and you will make those payments on the dates set out on the Site. Payments must be made in advance. S3ART may change the fees from time-to-time.
7. Payment Options
You may pay S3ART through the payment options made available on the Site. You must comply with the terms of all agreements between you and us, and if you have any disputes regarding the processing of your payment you must deal directly with S3ART to resolve the disputes. If S3ART allows you to pay S3ART directly via credit card, then you authorize S3ART to charge all amounts to the credit card number you provide to S3ART. If your credit card payment is rejected or refused you will immediately pay S3ART the amount due and provide S3ART with an alternative credit card number for future payments. You represent and warrant to S3ART that each credit card you use for payment to S3ART either belongs to you, and you have the right to charge all such payments on the credit card(s).
You will pay S3ART simple interest on all overdue amounts at a rate of 18% per year, calculated from the date payment was due until the date payment (including accrued interest thereon) is made in full.
9. S3ART Learning
S3ART Learning (“Learning”) is an optional Service that allows you to access to instructional and tutorial video content from the Site (“Learning Content”) and download and use certain digital resources (“Learning Resources”) (for example, digital assets, example files, 3D models, brushes) made available from time to time.
b. Learning Content
From time to time, and subject to any terms and restrictions we may impose, we may make some Learning Content available for temporary download and offline viewing on certain supported computers and devices. The Learning Content is or may be protected by digital rights management or other technological protection measures. All Learning Content is S3ART Property subject to section 16 (Ownership), section 24 (Use of the Services) and the remainder of these Terms.
c. Learning Resources
All Learning Resources are S3ART Property subject to section 16 (Ownership), section 24 (Use of the Services) and the remainder of these Terms. If you are an eligible member, S3ART hereby grants you a limited, personal, non-exclusive, non-transferable and royalty-free licence to download, install, copy and use Learning Resources for your personal use only, subject to the following restrictions. You may not:
(i) make any copy of the Learning Resources except for archival or backup purposes;
(ii) circumvent or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of any Learning Resource;
(iii) hack, reverse engineer, decompile, disassemble, modify or create derivative works of any (or any party of any) Learning Resource;
(iv) publish, sell distribute or otherwise make any Learning Resources available to others to use, download or copy;
(v) transfer or sub-license the Learning Resources or any rights in the Learning Resources to any third party, whether voluntarily or by operation of law;
(vi) use the Learning Resources for any purpose that may be defamatory, threatening, abusive, harmful or invasive of anyone’s privacy, or that may otherwise violate any law or give rise to civil or other liability;
(vii) misrepresent yourself as the creator or owner of the Learning Resources;
(viii) remove or modify any proprietary notice, symbol or label in or on the Learning Resources;
(ix) directly or indirectly assist, facilitate or encourage any third party to carry on any activity prohibited by this section 9(c).
For clarity, even if your employer pays for your subscription you may not make Learning Resources available on a shared server or hard drive for access and use by other of your employer’s personnel.
10. S3ART Store
The Marketplace is a Service that allows you to purchase products through the Site. There are two types of products that are now, or may in the future be, available for purchase through the Marketplace, i.e.: Digital Products and Merch Products.
b. Digital Products
Digital Products are products such as software tools, stock assets and other electronic products that S3ART make available through the Marketplace.
Digital Products are products such as videos, software tools, stock assets and other electronic products. After you have completed a transaction for a Digital Product, we will make a copy of the product available to you according to the licence terms. You must not distribute the product, allow any third party to use or access the product, or otherwise use, reproduce or exploit the product in any way that is not permitted by the applicable licence terms.
c. Merch Products
Merch Products are print-on-demand products such as art prints, apparel and other merchandise onto which the applicable content is printed. After you have completed a transaction for a Merch Product, we or our suppliers will complete the manufacturing process and ship the product to you when it is ready. We will endeavour to ship the product within any estimates provided on the Site, but we will not be responsible for late deliveries. Title and risk of loss for the products will pass to you upon receipt of the product by the carrier. We can split orders into two or more shipments at our discretion and expense.
d. Both Products
(i) You must pay us the price listed on the Site for the products, plus all applicable taxes, and applicable shipping and handling.
(ii) Our Refunds and Returns policies (as amended from time-to-time) set out our obligations and your rights regarding refunds and returns.
(iii) For certainty, all other portions of these Terms, including the disclaimers and limitations of liability, also apply specifically to the Digital Products, Merch Products and the Store. You will also comply with any other rules or policies we post on the site from time-to-time regarding the Store.
11. Store Reviews
Site users may be able to post reviews, ratings and comments on different parts of the Site. Those reviews, ratings and comments form part of Your Content and are governed by section 15 and other sections in these Terms. In addition:
If you are a content acquirer, you may only post reviews or ratings for Digital Products or Merch Products you have purchased. All such reviews and ratings must be accurate, unbiased, fair, and lawful, and based on your firsthand experiences.
Whenever you access, use or otherwise deal with the Services, you must comply with all:
(a) applicable laws;
(b) acceptable-use policies and other policies implemented by S3ART with respect to the the Site or the Services from time-to-time, as posted on S3ART’s website; and
(c) other rules and policies or procedures that S3ART communicates to you from time-to-time.
Without limiting anything in this Agreement, you must comply with all applicable privacy laws and must not collect, use, retain or disclose any third party’s personal information without their consent unless otherwise permitted by law to do so.
14. Your Privacy and Communications Consent
We and our representatives will collect personal information about you including your name, contact information, personal preferences and other information. You acknowledge that we and our representatives may use your personal information for the following purposes:
We may disclose your personal information electronically or in writing to our delivery and other service providers, including to service providers located in the United States and other jurisdictions outside of Canada who may be subject to applicable disclosure laws in those jurisdictions. You may contact us to obtain information about our policies and practices regarding our use of service providers outside of Canada, or to ask questions about the collection, use, disclosure or storage of personal information by our off-shore service providers.
When you register for the Site, a profile page is automatically created for you, and some of your personal information may be made available to the general public. For your protection, please do not share sensitive information on the Site or through the Services.
YOU HEREBY CONSENT TO US AND OUR REPRESENTATIVES COLLECTING, USING AND DISCLOSING YOUR PERSONAL INFORMATION, AND SENDING COMMERCIAL ELECTRONIC MESSAGES TO YOU, IN THE MANNER DESCRIBED ABOVE.
15. Monitoring and Disclosure.
S3ART cannot monitor everything on the Site and does not normally monitor your use of the Services; however, S3ART and our representatives may do so. We reserve the right (but have no obligation) to remove, delete, edit or reclassify content that we determine, in our sole discretion, is objectionable for any reason. We will not have any liability for any failure to remove, or delay in removing, any content. We may disclose any information that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Services or to protect the rights or property of itself or others that are directly related to providing the Services. If you notice any inappropriate conduct on the Site, please contact us.
16. Use of the Services
You must not:
(a) reverse engineer, de-compile, hack, disable, disrupt, interfere with, disassemble, copy, decrypt, reassemble, supplement, translate, adapt or enhance any of the S3ART Property or the Services;
(b) create a link, name or label, or otherwise upload to or transmit from the Site or the Services any content, link or anything else that (if reproduced, published, transmitted or used) may:
be defamatory, threatening, abusive, harassing, hateful, obscene, pornographic, harmful or invasive of anyone’s privacy, or excessively violent, violate any law including intellectual property, privacy or other laws;
impersonate any person;
give rise to civil or other liability; or relate to illegal drugs, weapons, gambling or other illegal activities;
(c) upload to or transmit from the Site or the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful component;
(d) use the Site or the Services to do or attempt to do any of the following without S3ART’s prior written permission:
send spam or other bulk messages;
gain unauthorized access to any data, network or system;
conduct or promote any commercial activity;
gamble, including through the use of the Site credits;
monitor data or traffic on any network or system;
obtain an email address, user name or other information about a third party without their consent;
use any misleading, false or deceptive TCP/IP header information in any email or posting;
or conduct or instigate any denial of service attack against S3ART’s website or network, or any third party’s website or network;
(e) improperly make complaints or false reports on the Site;
(f) artificially inflate or alter ratings, views or statistics on the Site;
(g) falsify any data or information available on the Site;
(h) delete or modify any copyright or other intellectual property notices on the Site;
(i) sell or transfer your the Site account, or allow any third party to access or use it;
(j) avoid, circumvent, or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of any of the Site or the Services or any hardware/software used to provide the Site or the Services, or third party hardware/software or services;
(k) interfere with the Services or any third party’s use of the Site or the Services;
(l) resell any of S3ART’s services or allow any third party to use or access the Site or the Services without S3ART’s prior written consent; or
(m) authorize or encourage any third party to do any of the above.
In addition to any other available remedies, upon breach of any of your obligations under this Agreement S3ART may suspend or terminate the Services and your the Site account.
18. Terms of Other Services
If you use any other service or software provided by or through S3ART or the Services, you must comply with all terms and conditions that are imposed upon your use of that service or software.
Some of the Services may contain advertisements and promotions which may be targeted to you based on your use of the Site and the Services. The format, type and content of the advertising and promotions may change from time to time. You must exercise caution when purchasing goods or services from any third party advertiser or brand that may be promoted on or linked to the Site.
20. Member Responsibilities
You are solely responsible for obtaining all computer equipment and connections required to access and use the Services. S3ART will not be responsible for the workings or failures of your computer equipment, network, software or Internet access.
Your use of the Site and the Services might be interrupted and will not be free of errors. Some of the content on the Site might be translated, and those translations may not be accurate or appropriate. The Services may be unavailable from time-to-time due to routine maintenance, upgrades, hardware/software malfunctions, repairs, power outages, hackers, denial of service attacks and unforeseeably large service demands.
From time to time, S3ART may add new features to the Site and the Services, remove existing features from the Site and the Services, or otherwise modify the Site and the Services (including their functionality, “look-and-feel”, universal resource locators and software components).
23. Inactive and Abandoned Accounts
If you do not log into your account for any period of at least 365 consecutive calendar days, your account may be deemed “Inactive”. We may, in our sole discretion, suspend or terminate your account and membership if it becomes inactive.
Without prejudice to any of our rights at law or equity, S3ART may terminate your access to the Site and the Services with no prior notice if you fail to make a payment to S3ART as and when required, or if you fail to comply with any obligation in this Agreement, or if any of your representations or warranties is or becomes untrue. S3ART may also terminate or suspend any or all of the Services at any time without prior notice.
25. Termination by you
You may terminate your Site account at any time. Termination of your account is your only remedy with respect to any dispute with the Site, including disputes relating to
(a) this agreement or our enforcement of it;
(b) the Site, the S3ART Content, the S3ART Tools or the Services; and
(c) the amount, type or payment of fees in connection with the Site or the Services.
26. Effect of Termination
Upon termination of your account or this agreement:
(a) you will immediately cease all use of the Site, the S3ART Content, the S3ART Tools and the Services;
(b) you will have no further access to your account or anything associated with it;
(c) you will not receive any refunds for fees you paid under this agreement;
(d) any unused or remaining time, credits, points or in your account at the date of termination will be permanently forfeited and revoked from you, and you will not receive any refund or credit for any of them;
(e) you will immediately pay S3ART all amounts owing under this agreement;
(f) S3ART may (but is not required to) delete some or all of Your Content from the Site and from your account within 60 days after termination;
(g) the Licence will continue in full force and effect for all of Your Content, including content the Site deletes;
We may provide contests on the Site. If we do, they will be governed by rules we impose upon contestants. If you participate in a contest, you must comply with the rules of that contest. If there is a conflict between this agreement and the rules of a contest, the rules of the contest will govern with respect to that contest.
28. Links from the Site
The sites that are linked from the Site are not under our control, and we do not assume any responsibility or liability for any communications or materials available at those linked sites, or personal information collected about you from those sites. You may be charged fees to access or use the linked sites; these fees are not covered by any fees you pay to S3ART. All links are provided for your convenience only; they are not an endorsement or referral by us.
29. Links to the Site
You must not link to the Site or any content on the Site except as explicitly permitted by this section or our policies. Your permission to link to the Site is expressly conditioned upon your compliance with the following restrictions:
(a) the link must comply with the Site’s other policies regarding content;
(b) the link and surrounding materials must not deliver any the Site content in a framed environment, or alter the layout, content, look, or feel of the the Site content;
(c) the link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and the Site; and
(d) the link and surrounding materials must not portray the Site or its services in a false, misleading, derogatory, defamatory or otherwise offensive manner.
THE SITE, THE S3ART CONTENT, THE S3ART TOOLS AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. S3ART DISCLAIMS ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE SITE, THE S3ART CONTENT, THE S3ART TOOLS AND THE SERVICES, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
31. Limitation of Liability
YOU USE THE SITE, THE S3ART CONTENT, THE S3ART TOOLS AND THE SERVICES AT YOUR OWN RISK. S3ART WILL NOT BE LIABLE FOR ANY LOSS IN CONNECTION TO THE USE OF, OR INABILITY TO USE, THE SITE, THE S3ART CONTENT, THE S3ART TOOLS AND THE SERVICES, INCLUDING ANY LOSS TO YOUR CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE PREVIOUS SENTENCE, S3ART WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOST PROFITS WHATSOEVER IN CONNECTION WITH THE SITE, THE S3ART CONTENT, THE S3ART TOOLS OR THE SERVICES.
32. Maximum Liability
IF, DESPITE THE ABOVE LIMITATIONS, S3ART BECOMES LIABLE TO YOU IN RESPECT OF THE SITE, THE S3ART CONTENT, THE S3ART TOOLS OR THE SERVICES, OR A COMBINATION OF THE FOREGOING, THAT LIABILITY WILL BE LIMITED TO USD$500.
YOU WILL INDEMNIFY S3ART AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND LICENSEES (COLLECTIVELY, THE “INDEMNITEES”) AND HOLD THE INDEMNITIES HARMLESS FROM AND AGAINST ALL DAMAGES, INJURIES, LIABILITIES, COSTS, EXPENSES AND LEGAL FEES THAT ANY OF THEM MAY INCUR IN CONNECTION WITH:
(A) YOUR CONTENT, INCLUDING CLAIMS THAT YOUR CONTENT OR THE EXPLOITATION OF IT AS PERMITTED BY THIS AGREEMENT INFRINGES OR VIOLATES THE RIGHTS OF ANY THIRD PARTY;
(B) YOUR USE OF THE SITE, THE S3ART CONTENT, THE S3ART TOOLS OR THE SERVICES; OR
(C) THE UNTRUTHFULNESS OR INACCURACY OF ANY OF YOUR REPRESENTATIONS OR WARRANTIES TO US; OR
(D) YOUR BREACH OF ANY OBLIGATION, REPRESENTATION OR WARRANTY IN THIS AGREEMENT.
35. Modifications to this Agreement
From time to time in our sole discretion S3ART may modify the terms of this Agreement by posting the modifications on the Site. You will be bound by the modified terms after the modified terms have been emailed to you or have been posted on the Site for 30 days.
36. Governing law
S3ART operates from Montreal, Quebec, Canada, and makes no representation that the Site is appropriate or available for use in any particular jurisdiction. This Agreement will be governed by the laws in effect in Quebec, Canada. You attorn to the exclusive jurisdiction of the Quebec courts; however, you or S3ART may apply to a court of competent jurisdiction for interim protection or equitable relief such as an injunction.
37. Disputes with other users
You are solely responsible for resolving any disputes you may have with other Site users. S3ART may, but is not obligated to, assist you with this. S3ART will have no liability whatsoever to you in connection with any such dispute, regardless of whether or not S3ART assists you with that dispute.
The parties have expressly agreed that this agreement and all ancillary agreements, documents or notices relating thereto be drafted solely in the English language. Les parties aux présentes ont expressément convenu que ce accord et toute autre convention, document ou avis y afférent soient rédigés en anglais seulement.
No delay or failure to act by S3ART regarding any default will impair any of our rights or remedies that are not expressly waived in writing. This Agreement supersedes all prior agreements of the parties regarding the Site and the Services, and constitutes the whole agreement with respect to the Site and the Services. You must not assign or sublicense this Agreement or any of your rights under this Agreement without our prior written consent, which may be withheld without cause. S3ART may assign or sublicense this Agreement and any or all of our rights and obligations under it in our sole discretion. This Agreement will enure to the benefit of and be binding upon the parties and their lawful successors and permitted assigns. S3ART will not be liable for any delay or damage caused as a result of any event beyond its reasonable control; any delay caused by any such event will not be deemed to be a breach of or failure to perform this Agreement.