This term of use (“Terms of Use”) is a legal agreement between you (“You”, “Your” and “User”), and My3DMeta Private Limited (“My3DMeta/My3DSelfie/We/Us/Our”). My3DMeta is an e-commerce platform. The Terms of Use describes the terms on which My3DMeta offers access to the website https://www.my3dselfie.com/ | https://www.my3dmeta.com/ (“Website”) and all relevant sub-pages associated with the foregoing URL and any other applications (e.g., mobile apps, web applications, etc.), add-ons, tools, services and offerings provided by Us that make reference to these Terms of Use and the Services (defined below) (collectively, the “Platform”) to all the Users.
This is a legally binding agreement and can be enforceable against You. By visiting or using the Services of Our Platform, You agree to be bound by the Terms of Use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all Users of the Platform, including without limitation Users who are browsers, vendors, customers, merchants, and/ or contributors of content. You will be deemed to have accepted the revised Terms of Use if You continue to access the Platform after the modifications become effective. If You do not agree to this Terms of Use, please do not access, or use the Platform. My3DMeta reserves the right to change these terms & conditions from time to time without any obligation to inform You and it is Your responsibility to look through them as often as possible.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
- DESCRIPTION OF SERVICE
My3DMeta is inter alia engaged in the business of providing a technology platform which involves (i) creation or sale of 3D models throughout its life cycle from 2D images; (ii) creation or sale of 3D figurines from 3D models which are created from 2D images; (iii) selling of 3D figurines, 3D models and 3D products and images in any form or medium available; and (iv) My3DMeta Blockchain Services (defined below) (“Service”).
All aspects related to the collection of personal information from You, at the time of registering with My3DMeta, shall be according to the “Privacy Policy” of My3DMeta, which is available at https://www.my3dselfie.com/pages/privacy-policy, which shall be read as a part of these Terms of Use. My3DMeta respects Your Privacy and assures You that the information collected from You will be used only to provide You Our Services. Such information shall not be made available to any third party.
- REGISTRATION
In order to fully access and use the Platform, You will be required to register Yourself and maintain a My3DMeta account (“Account”) which will require You to furnish to My3DMeta certain information and details, which may include Your name, e-mail ID, photographs and any other information deemed necessary by My3DMeta (“Account Information”). You agree to keep this information updated at all times.
You shall be responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through Your Account. My3DMeta and its affiliates / partners are not liable for any harm caused by, or related to the theft of Your ID, disclosure of Your account information by You to a third party, or Your authorization to allow another person to access and use the Service using Your account. However, You will be liable to My3DMeta and its affiliates / partners for the losses caused to them due to such unauthorized use.
Your Conduct: You agree to abide by the following do’s and don’ts for registering and maintaining the security of Your Account and My3DMeta will not be made liable for any consequence arising due to violation of the following do’s and don’ts:
- You will not provide access to or give any part of the Services to any third party;
- You will not provide any false personal information to My3DMeta;
- You will not reproduce, modify, copy, sell, trade, lease, rent or resell the Services;
- You shall ensure that the Account Information is complete, accurate and up to date at all times;
- You shall not use any other User’s Account Information or log into that User’s Account;
- You will not share Your password or do anything that might jeopardize the security of Your Account.
In order to ensure that My3DMeta is able to provide high quality services, respond to User needs, and comply with laws, You hereby consent to let My3DMeta’s employees and agents access Your Account and records on a case-to-case basis to investigate complaints or other allegations or suspected abuse. Additionally, You agree to disclose to My3DMeta, and permit My3DMeta to use Your log-in ID, password and such other account details with respect to Your account(s) with e-commerce websites/platforms for the limited purpose of resolving technical problems. You also grant My3DMeta the right to disclose to its affiliates / partners / third parties Your Account Information to the extent necessary for the purpose of rendering the Services.
My3DMeta hereby grants You a specific, non-exclusive, non-transferrable and limited license to access and use the Platform via the internet. My3DMeta reserves the right to make changes to the functionality or the documentation of the Platform and the provision of Services from time to time. My3DMeta retains all rights in the Platform and the Services and grants You only a right and license to use the Platform as stated herein solely for the purpose of availing the Services and other related offering of My3DMeta as may be intimated from time to time. No other license is intended to be granted to You. My3DMeta reserves all rights in its name, trademarks, copyrights, and any other intellectual property.
You agree to provide current, complete, and accurate purchase and Account Information for all purchases made on Our Platform. You agree to promptly update Your Account and other information, including Your email address and credit card numbers and expiration dates, so that We can complete Your transactions and contact You as needed.
All the designs of the 3D models and figurines listed on the Platform shall be considered as the sole property of My3DMeta and the same can be used solely by My3DMeta for monetisation purposes. The Services are made available exclusively through the Platform. These Services may have limited quantities and are subject to return or exchange only according to Our Return Policy. We have made every effort to display as accurately as possible the colours and images of the products and Services that appear on the Platform. We cannot guarantee that Your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of Our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Service that We offer. All descriptions of Services or Services pricing are subject to change at any time without notice, at Our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any Service made available on the Platform is void and punishable under the applicable laws unless express written consent is provided by My3DMeta.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Platform through which the Service is provided, without express written permission by Us.
Prices of Our Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to You or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
We reserve the right to refuse any order You place with Us. We may, in Our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify You by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors.
You hereby authorize My3DMeta to reproduce, publish, distribute and/or translate for advertising for publicity purpose all or any part of the following items (a) Your testimonial regarding Your use of the Services provided by My3DMeta to You, (b) Your testimonial in a video format regarding Your use of the Services provided by My3DMeta to You, and (c) Your name and other details provided to My3DMeta to identify You as a User of My3DMeta in commercial presentations, press release, newsletters and social media pages which includes Facebook, Twitter, Instagram, LinkedIn, Google+ among others, and My3DMeta’s marketing collaterals in any language. We may also use Your 2D photographs (provided by You), 3D figurines, 3D pictures, 3D Models or other 3D products developed by Us for advertising upon taking Your consent.
Use of My3DMeta’s Platform is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If You are a minor i.e., under the age of 18 years, You may use My3DMeta’s Platform only with the involvement of a parent or guardian.
You shall indemnify and hold harmless My3DMeta, its licensee, affiliates, service partners, service providers, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, other Policies, or Your violation of any law, rules or regulations or the rights of a third party.
The Platform and its Services are provided on an “AS-IS” and “WITH ALL FAULTS AND RISKS” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.
Certain content, products and Services available on Our Platform may include materials and tools from third parties. Third-party links on the Platform may direct You to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
The products/Services provided on the Platform are without warranties of any kind either expressed or implied and My3DMeta disclaims all or any of them fully. My3DMeta does not warrant that the products/Services offered will be error-free, or that the defects will be corrected, or that the Platform or the server that makes it available are or will be free of viruses or other harmful components or that the product, Service, information, or other material purchased or obtained by You will meet Your expectations.
We are not responsible if information made available on the Platform is not accurate, complete, or current. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance by You on the material available on the Platform is at Your own risk.
My3DMeta markets and promotes its products and Services through various channels including but not limited to the User base, clubs, communities, or any other such channels. My3DMeta is keen on exploring the potential opportunities of the digital marketplace by the way of minting, dropping and trading of 3D products as Non-Fungible Tokens (“NFTs”) may also provide its Services and products through NFTs, for upcoming metaverse space (“Metaverse”) and on other blockchain based channels and technology (“My3DMeta Blockchain Services”).
You represent and warrant that You are knowledgeable and experienced in using blockchain technology and that You acknowledge, understand and are willing to accept the risks related to the technological and cryptographic systems, channels and My3DMeta Blockchain Services. You acknowledge and agree that the prices of digital assets (including NFTs) are extremely volatile and unpredictable, that such assets may have no or little inherent or intrinsic value and that fluctuations in the price or markets of those or other digital assets could materially and adversely affect the value of transactions undertaken on the Platform. You also acknowledge and agree that the use of the Platform for My3DMeta Blockchain Services or use of any third party platform to which You are directed to in relation to My3DMeta Blockchain Services from the Platform, may carry financial risk and that the risk of loss may be substantial and that the details of such transactions may also get stored in public ledgers of the blockchains. All transaction decisions are made solely by You. Transactions carried out through the Platform or otherwise regarding blockchains, My3DMeta Blockchain Services are irreversible, final and non-refundable. Whenever any My3DMeta Blockchain Services are availed by You through a third party platform, My3DMeta shall have no liability or obligation towards Your usage of the third party platform and the terms of use of that third party platform shall accordingly apply.
My3DMeta reserves the right to suspend or terminate Your Account or restrict or prohibit Your access to the Platform immediately (a) if My3DMeta is unable to verify or authenticate Your Account Information, email address or other information provided by You, (b) if My3DMeta believes that Your actions may cause legal liability for You or for My3DMeta, or all or some of My3DMeta’s other Users, or (c) if My3DMeta believes You have provided false or misleading Account Information or other information, have not updated Your Account Information, have interfered with other Users or the administration of the Services, or have violated this Terms of Use or the Privacy Policy. You shall not be entitled to access the Platform or avail the Services if Your Account has been temporarily or indefinitely suspended or terminated by My3DMeta for any reason whatsoever. Once the Services are terminated or suspended, any data that You may have stored on the Platform, may not be retrieved later. My3DMeta shall be under no obligation to return the information or data to You.
When You visit the Platform, You are communicating with Us electronically. My3DMeta may communicate with You by e-mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication. For contractual purposes, You consent to receive communications (including transactional, promotional and/or commercial messages), from My3DMeta with respect to Your use of the Platform.
This Terms of Use is governed and construed in accordance with the laws of India. The courts in Guwahati alone shall have exclusive jurisdiction to hear disputes arising out of the Terms of Use without any reference to the conflict of law provisions. You agree that the laws of India will apply to this Terms of Use and to the provision of Services by My3DMeta and Your use of the same. If You access the Platform from a location outside India, You are responsible for compliance with all applicable local laws.
My3DMeta shall be under no liability whatsoever in case of occurrence of a Force Majeure event, including in case of non-availability of any portion of the Platform and/or Services occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure, technology outages, failure of technology integration of partners or any other cause whatsoever, beyond the control of My3DMeta. Further, in case of a force majeure event, My3DMeta shall not be liable for any breach of security or loss of data uploaded by You to the Platform.
Any failure by My3DMeta to enforce the Terms of Use, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.
If any provisions of this Terms of Use are deemed invalid, void, or for any reason unenforceable, that part of the Terms of Use will be deemed severable and will not affect the validity and enforceability of any remaining provisions of the Terms of Use.
The Terms of Use as amended from time to time, along with the Privacy Policy and other related policies made available from time to time, constitutes the entire agreement and supersedes all prior understandings between the parties relating to the subject matter herein.
If You have questions or concerns about the Terms of Service, please contact My3DMeta at contact@my3dselfie.com (contact AT my3dselfie DOT com) or by mail using the details provided below:
My3DMeta Pvt Ltd - #79, Six mile, Chachal Road, Guwahati, Assam-781022, India.
You may also reach out to Our Grievance Officer using the details provided below:
Name: [●]
Designation: [●]
Email Address: [●]
Postal Address: [●]