GENERAL TERMS AND CONDITIONS OF USE AND PURCHASE AND SALE OF THE CO3D WEBSITE
These general terms and conditions of use and purchase and sale apply to services provided by the legal entity, duly registered under the CNPJ of nº 38.823.596/0001-00, e-mail: firstname.lastname@example.org, with headquarters in : Belo Horizonte, MG,
hereinafter called CO3D, through the website with the following address: https://www.co3d.art.I. OBJECT
The CO3D website is characterized by the provision of the following services, including distance selling and electronic products and services:
Intermediation of crowdfunding of 3D models. Buyers interested in the same item, make a division, hereinafter called 'crowdfunding' or 'crowdfunding', for purchases with a price below that practiced in the market.
At the end of the project, the modeler sends photos / renders of the model produced for approval. All participants receive an email and have 2 (two) days to approve or disapprove. If they do not respond within the deadline, the work is automatically approved.
The payment will only be released after the approval of the organizer and more than 50% of the participants. In cases where CO3D intermediation is necessary, payment will be released within 2 (two) days after the claim. In case of disagreement with the rules mentioned above, the payment will be canceled.
60% or more approval:
The model is considered to have been successful. Even with the approved model, the modeler can receive suggestions for improvement, including those arising from rejections. With the approved model, he can decide to do it or not.
More than 40% failing / requiring adjustments to the model:
It is also considered a failure, that is, the project is interrupted and returned to the site as a crowdfunding request, when:
All those who wish to have access to the services offered through the CO3D website must first inform themselves about the rules that make up this instrument, which will be available for prompt and wide consultation, in a direct link on the website itself.
When using the CO3D website, the user fully accepts these rules and undertakes to observe them, under the risk of applying the applicable penalties. Before starting any navigation on the platform, the user must be aware of any modifications or updates to these terms.
The user may also be notified by e-mail or directly on the website of any changes to these rules.
If you do not agree with any of the rules described herein, you should immediately refrain from using the service. If you are interested, you may also contact customer service to provide you with your reservations.III. NAVIGATION
The editor of the CO3D website is committed to using all the technical solutions at his disposal to allow access to the service 24 (twenty four) hours a day, 7 (seven) days a week.However, it may at any time interrupt, limit or suspend access to the platform or some of its pages in order to make updates, content modifications or any other action deemed necessary for its operation.
These general terms and conditions of use and purchase and sale apply to all extensions of the CO3D website on social networks or in communities, both those already existing and those yet to be implemented.IV. SITE MANAGEMENT
For good management, the CO3D website editor may, at any time:
a) suspend, interrupt or limit access to all or part of the platform to a specific category of Internet users;
b) remove all information that may disturb the operation of the platform or that is in conflict with rules of Brazilian law or international law;
c) suspend the site in order to carry out updates and modifications.V. REGISTRATION
The services available on the CO3D website can only be accessed by fully capable people, in accordance with Brazilian law. All those who do not have full civil capacity - under emancipated, prodigal, habitual drunken or addicted persons under the age of 18, and persons unable to express their will, for temporary or permanent reasons - should be properly assisted by their legal representatives, who are shall be responsible for complying with these rules.
The user will be allowed to maintain only one account with the CO3D website. Duplicate accounts will be automatically deactivated by the platform editor, without prejudice to other applicable penalties.
For proper registration with the service, the user must fully provide the required data. All information provided by the user must be complete, true and accurate. In any case, the user will be liable, in civil and criminal scope, for the veracity, accuracy and authenticity of the informed data.
The user must provide a valid email address through which the platform will make all necessary contacts. All communications sent to this address will be considered read by the user, who undertakes to regularly consult his / her received messages and to respond within a reasonable time.
After confirming their registration, the user will have a personal registration email and password, which they must use to access their account on the CO3D website. This connection data may not be communicated by the user to third parties, and is solely responsible for their use. The user undertakes to immediately report to the platform publisher any suspicious or unexpected activity on their account.
You may not assign, sell, rent or otherwise transfer the account, which is personal and non-transferable.
The user who fails to comply with any of the rules contained in this instrument will automatically be unsubscribed, and may not re-register on the platform.
The user may, at any time and without justification, request the cancellation of his registration with the CO3D website. You will be unsubscribed as soon as possible, provided that no outstanding charges are verified.VI. LIABILITIES
The editor will be responsible for the defects or defects found in the services provided by the CO3D website, as long as he has given them cause. Defects or technical or operational defects arising from the user's own system will not be the responsibility of the editor.
The editor is solely responsible for the information that was directly disclosed by him. Any information included by users, such as comments and personal profiles, will be the sole responsibility of the users.
The user is also responsible for:
a) the correct use of the platform and its services, valuing the good coexistence, respect and cordiality in the relationship with other users;
b) compliance with the rules contained herein, as well as with the rules of national law and international law;
c) protecting their account access data (login and password).
The editor will not be liable for:
a) the intrinsic characteristics of the internet, mainly related to the reliability and origin of the information circulating on this network;
b) for illegal content or activities by third parties through its website.VII. EXTERNAL LINKS
The CO3D website may contain external links redirecting the user to other internet pages, over which the editor has no control. Despite prior and regular checks by the publisher, the publisher disclaims any liability for the content found on these partner sites and services.
Links may be included on the CO3D website pages and documents, provided they are not for commercial or advertising purposes. This inclusion will depend on prior permission of the editor.
The inclusion of content that discloses any type of illegal, violent, controversial, pornographic, xenophobic, discriminatory or offensive information is not permitted.
The editor reserves the right at any time to remove a link leading to his own service if the source page is not in accordance with his editorial policy and to unsubscribe the responsible user.VIII. COPYRIGHTS
The digital files purchased on the site are for the buyer's personal use, and resale or free distribution is strictly prohibited. Resale of the final product, that is, the printed part, is permitted.
In the case of objects with rights to use the image, the owner of the rights must be dealt with directly.
In any event, no models purchased on other sites can be resold within CO3D. Only registered models will be allowed with the modeler's awareness.
Models already listed as finished cannot be re-registered as a crowdfunding.
The modeler must have the use, resale and image rights of the model made, the site is only the facilitator, intermediary and sales organizer.
All the crowdfunding finished on the site will be sold exclusively at CO3D.
The structure of the CO3D website, as well as the texts, graphics, images, photographs, sounds, videos and other computer applications that comprise it are the property of the publisher and are protected by Brazilian and international legislation regarding intellectual property .
Users can include photos and texts on the website, for which they assume responsibility for the use and resale copyrights.
Any representation, reproduction, adaptation or partial or total exploitation of the contents, trademarks and services offered by the platform, by any means, without prior express and written permission, is strictly forbidden, and the applicable civil and criminal measures may be resorted to. Only those elements that are expressly designated on the website as free of copyright are excluded from this provision.
Access does not give the user any intellectual property rights relating to platform elements, which remain the sole property of the publisher.
It is forbidden for the user to include data on the website that may modify its content or appearance.
This section contains information regarding the treatment of the user's personal data, totally or partially, automated or not, carried out by the website and which may or may not be stored. The purpose is to provide guidance on the information collected, the reasons for the collection, the location of the data storage and how the user can update, manage, export or delete this information.
The platform is committed to complying with the rules laid down by the General European Data Protection Regulation (RGPD), respecting the following principles:
a) Your personal data will be processed lawfully, fairly and transparently (lawfulness, loyalty and transparency);
b) Your personal data will be collected only for specific, explicit and legitimate purposes and may not be further processed in a manner incompatible with those purposes (purpose limitation);
c) Your personal data will be collected in a manner that is appropriate, relevant and limited to the needs of the purpose for which it is processed (data minimization);
d) Your personal data will be accurate and updated as necessary, so that inaccurate data will be deleted or rectified when possible (accuracy);
e) Your personal data will be stored in a way that allows data subjects to be identified only for the period necessary for the purposes for which they are processed (limitation of retention);
Your personal data will be treated securely, protected from unauthorized or unlawful treatment and against its accidental loss, destruction or damage, adopting the appropriate technical or organizational measures (integrity and confidentiality).
The user of the platform has the following rights, granted by federal law no. 13.709 of August 14, 2018 (Personal Data Protection Act) and the General European Data Protection Regulation (RGPD):
a) Right of confirmation and access: it is the user's right to obtain from the platform confirmation that personal data concerning him or her are subject to processing and, where appropriate, the right to access their personal data;
b) Right of rectification: is the user's right to obtain from the platform, without undue delay, the rectification of inaccurate personal data concerning you;
d) Right to limit the processing of data: is the user's right to limit the processing of his personal data, which can be obtained when disputing the accuracy of the data, when the processing is illegal, when the platform no longer needs the data to the proposed purposes and when opposing data processing and in case of unnecessary data processing;
e) Right of opposition: is the right of the user to oppose, at any time, for reasons related to his particular situation, the processing of personal data concerning him, and may also oppose the use of his personal data for definition (profiling);
f) Right to data portability: is the right of the user to receive the personal data concerning him that he has provided to the platform, in a structured format, of ordinary use and automatic reading, and the right to transmit this data to another platform;
g) The right not to be subjected to automated decisions: the right of the user not to be subject to any decision taken solely on the basis of automated processing, including profiling, which has legal effects or that significantly affect similarly.
The user can exercise his rights through written communication sent to the website with the subject 'RGDP-https://www.co3d.art', specifying:
g) Full name or company name, Taxpayer Name (CPF) of the Brazilian Internal Revenue Service (CNF) or CNPJ (Corporate Taxpayer's Office of the Federal Revenue of Brazil) and user's e-mail address and, if applicable, the case of its representative;
Right you want to exercise with the website;
i) Date of request and signature of the user;
j) Any document that can demonstrate or justify the exercise of its right.
The order must be sent to the email: email@example.com.
The user will be informed in case of rectification or deletion of their data.
The personal data collected by the website are only those necessary for the identification of the user, and sensitive user data are not collected, as defined in articles 9 and 10 of the General European Regulation for the Protection of Personal Data (GDPR) and article 11 of Federal Law no. 13,709, of August 14, 2018.
All data necessary for user registration will be collected, such as name, email and phone / whatsapp, which are necessary to access certain services offered by the website.
In addition, the necessary data will be collected for the execution of the contract of sale or provision of services eventually concluded between the platform and the user, regarding the offered services, without which its execution will not be possible.
Other categories of data may from time to time be collected, provided they are provided with the user's consent, or for legitimate interest or other reasons permitted by law.
The user undertakes to provide his personal data only and not those of third parties.
The user has the right to withdraw his consent at any time, not compromising the legality of the personal data processed before its withdrawal. The withdrawal of consent can be made by e-mail: firstname.lastname@example.org.
The consent of the relatively or absolutely incapable, especially children under 16 (sixteen) years old, can only be done, respectively, if properly assisted or represented.
Personal data necessary for the execution and fulfillment of the services contracted by the user may also be collected.
The processing of personal data without the consent of the user will only be carried out for reasons of legitimate interest or for the purposes provided by law.
For compliance with a legal or regulatory obligation by the controller;
to carry out studies by a research agency, wherever possible, the anonymisation of personal data is guaranteed;
Where necessary for the performance of a contract or preliminary procedures relating to a contract to which the holder is a part of, at the request of the data holder;
for the regular exercise of rights in judicial, administrative or arbitral proceedings, the latter under the terms of Law No. 9,307, of September 23, 1996 (Arbitration Law);
for the protection of the life or physical safety of the holder or third party;
for the protection of health, with a procedure performed by health professionals or by health entities;
when necessary to meet the legitimate interests of the controller or third party, except in the case of the holder's fundamental rights and freedoms that require the protection of personal data; or
for the protection of credit, including the provisions of the relevant legislation.
The personal user data collected by the platform is intended to facilitate, expedite and fulfill the commitments made with the user and to enforce requests made by filling out forms.
Personal data may also be used for commercial purposes, to personalize the content offered to the user, as well as to subsidize the website for improving the quality and functioning of its services.
The registration data will be used to allow user access to certain platform content exclusive to registered users.
Finally, data necessary for the execution of the sale or service contract eventually concluded between the platform and the user regarding the services offered will be collected.
If the platform intends to process the user's personal data for other purposes, it shall be informed of the other purposes, which shall be done in compliance with the same rights and obligations.
Your personal data will be retained for a period no longer than required to fulfill the purposes for which it is processed.
The data retention period is defined according to the following criteria:
As long as the user has an active account. After canceling / deleting the account, the data is stored for 10 years from this date.
The personal data of users can only be kept after the end of their treatment in the following cases:
For compliance with a legal or regulatory obligation by the controller;
study by a research agency, guaranteed, wherever possible, the anonymisation of personal data;
c) transfer to a third party, provided that the data processing requirements laid down by law are respected;
d) The exclusive use of the controller, forbidden its access by a third party, provided the data is anonymised.
The user's personal data may be shared with the following persons or companies:
Google AdWords, Instagram, Facebook.
The transfer can only be made to another country if the country or territory in question or the international organization concerned ensures an adequate level of protection of user data.
If there is no adequate level of protection, the platform undertakes to ensure the protection of your data according to the most stringent rules, by means of specific transfer contractual clauses, standard contractual clauses, global corporate standards or seals, certificates and regularly issued codes of conduct.
The controller, responsible for the processing of the user's personal data, is the natural or legal person, the public authority, the agency or other body that, individually or in conjunction with others, determines the purposes and means of processing personal data.
On this site, the person responsible for processing the personal data collected is CO3D, represented by Mateus Arantes Severiano and Victor de Assis Campos Oliveira, who can be contacted by e-mail: email@example.com.
The person responsible for processing the data will be directly responsible for the treatment of the user's personal data.
The data protection officer is the professional in charge of informing, advising and controlling the data controller, as well as the workers who process the data, regarding the website's obligations under the General European Regulation on Data Protection (RGDP), Federal Law no. 13,709, of August 14, 2018 (Personal Data Protection Law) and other data protection provisions in national and international law, in cooperation with the competent supervisory authority.
On this website the data protection officer is Google Cloud Platform and can be contacted through online service channels.
The platform undertakes to apply appropriate technical and organizational measures to ensure a level of safety appropriate to the risk, taking into account the most advanced techniques, implementation costs and the nature, scope, context and purposes of the treatment, as well as the risks, of varying probability and severity, to the rights and freedoms of the user.
For this purpose, the site uses SSL (Secure Socket Layer) certificate which ensures that personal data is transmitted in a secure and confidential way, so that the data transmission between the server and the user, and in feedback, occurs in a totally encrypted way. or encrypted.
However, the website disclaims liability for the sole fault of a third party, such as in the event of a hacker or cracker attack, or the exclusive fault of the user, who, for example, transfers his data to a third party, unless the piracy occurred due to site security breach. The platform undertakes to communicate the user in a timely manner in the event of any breach of the security of their personal data that may cause them a high risk of injury to personal rights and freedoms.
A breach of personal data is a breach of security that accidentally or unlawfully causes unauthorized destruction, loss, alteration, disclosure, or access to personal data transmitted, retained, or otherwise subject to treatment.
Finally, the platform undertakes to treat the user's personal data confidentially, within the legal limits.
The site eventually uses the techniques of 'cookies', which allow it to analyze statistics and information about the user's navigation. Cookies are small amounts of information that are stored by the user's browser so that the server remembers certain information that later and only the server that implemented it can read. For example, data may be provided about the device used by the user and his place and time of access. This information collection seeks to improve navigation for the user's comfort by allowing them to present personalized services according to their preferences.
Cookies do not allow you to extract any information from the user's hard drive, nor to steal any type of personal information. The only way in which the user's private information forms part of the browsing data is for the user to personally give that information to the server.
Cookies that identify a person are considered personal data. Accordingly, the same rules described above apply to cookies.
This navigation data may also be shared with any site partners, seeking to improve the products and services offered to the user.
The user may oppose the registration of 'cookies' by the website, simply by deactivating this option in his own browser or device. On the other hand, disabling this registration may affect the availability of some platform tools and services.
Site cookies are those cookies that are sent to the user's and administrator's computer or device exclusively by the site, for their best functioning.
The information collected is used to improve the quality of the platform and its content and user experience. This information allows you to recognize the user as a recurring visitor to the site and adapt the content to offer content adapted to your preference.
The user can manage cookies directly in his browser. However, by canceling cookies the browser can remove preferences saved on the website.
The following are some links that take you to the help section of the most used browsers, to see how to manage cookies:
Internet explorer: https://support.microsoft.com/pt-br/help/17442/windows-internet-explorer-delete-manage-cookies
Google Chrome: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en
Mozila Firefox: https://support.mozilla.org/pt-BR/kb/ative-e-desative-os-cookies-que-os-sites-usam
Without prejudice to any other administrative or judicial remedy, all data subjects have the right to complain to a supervisory authority. The complaint may be made to the authority of the platform's headquarters, the user's country of habitual residence, his place of work or the place of the alleged infringement.
Users who wish to have their data permanently removed/deleted from the system must get in touch via email firstname.lastname@example.org, stating in the subject: 'I want to delete all my CO3D data' and in the message, the email of the account I want to delete. After confirming the deletion, it will no longer be possible to retrieve any type of user information or data within the system.
Users use the CO3D platform to request models, through conceptual images, in which they try to present as close as possible to the final result to be delivered. Subsequently, modelers send images of the result accurately.
Products and services are described and presented with the highest possible degree of precision, containing correct, clear, precise, conspicuous information and in the selected language about their characteristics, qualities, quantity, composition, price, guarantee, validity and origin, among others. other data, as well as the risks they pose to the user's health and safety.
Products and services are offered for sale until their exclusion. Only CO3D can remove a product. If there is a need for any other reason, you will need to contact CO3D through the contact page.
Prices and fees for the sale of products and services are specified in the catalog or online store.
Offers will be made available on the platform at the publisher's convenience. They can be completed ahead of schedule, if necessary.
Exclusive Model is an agreement between the modeler and the buyer. CO3D is responsible only when it is necessary to intervene in disagreement with the rules.
The exclusivity period starts from the date of approval of the delivery of files.
When it is within its exclusivity period:
At the end of the exclusivity period, the model automatically goes to the marketplace, with the maximum sale value on the website. This value can be changed by the modeler.
If the modeler does not comply with the exclusivity rules, CO3D needs to be activated to take the appropriate measures. If the non-compliance with the rules is confirmed, the modeler will be notified and punished within the system. The measures taken by CO3D can vary according to the seriousness of the incident.
CO3D is only responsible for complying with the rules within the platform, requiring a complaint by the buyer, in case of non-compliance with rules on other platforms. The removal of the model in other stores can only be done by the modeler and varies according to the rules of each marketplace.
Exclusive Model is an agreement between the modeler and the buyer. CO3D is responsible only when it is necessary to intervene in disagreement with the rules.
The seller reserves the right to modify the prices of products and services at any time by posting them on the CO3D website.
The rates in effect at the time of order will apply, subject to availability of products and services on this date.
Prices will be based on the Brazilian Real and converted to the buyer currency, according to your payment method settings.
The total order amount, including all fees and expenses, will be indicated prior to final order validation.XII. VALUES AND PAYMENT
Transactions on the site must be carried out using the payment method PayPal or PIX (only for Brazilians).
The value of the product is determined by the modeler when sending the proposal to the organizer, as well as the number of participants.
Processing fees will be added to the base value of the kit, with 4,20% + BRL 0,60 of the payment method transaction fee and 15% of CO3D charges . The amounts charged by the payment method can be found at https://www.paypal.com/webapps/mpp/paypal-fees. Therefore, the final price of the crowdfunding on the website is the value determined by the modeler plus the processing fees. This is presented to the modeler when sending the proposal to the organizer.
When successful in the crowdfunding on the site, the product changes its status to "finished". The model is now sold with the right to immediate download. The modeler gains 35% more of the initial value of the quota for each sale. Sales of models outside the site, whose crowdfunding took place inside the platform, will be considered fraud.
The value of the product varies according to its stage, always starting from the initial value proposed by the modeler. This value remains until the "crowdfunding request" status changes. When the status changes to "In crowdfunding", the model costs the amount requested by the modeler for processing fees. "Modeling in progress" has 1/3 more than the cost of a crowdfunding quota. "Finished models" in turn have twice the cost of a model "In vaquinha".
Thus, the modeler has the possibility to collect even more than the value he assigned at the beginning. The opposite can also happen, if you do not collect the full amount during the crowdfunding and he agrees to start the project.
The buyer can purchase more than one quota for each item, to help start the project as soon as possible, as well as avoid cancellation due to lack of revenue. For each quota that is purchased, he gains a vote in the validation (approval or disapproval) of the model.
The crowdfunding organizer / applicant does not need to pay a fee, but can help if you are interested.
Each transaction on the site is pending release for 30 days. The withdrawal request can be made at any time. The user is entitled to 1 withdrawal per week. Shipping will be done within 48 hours of the requested date. The amount will be credited to the payment method registered on the website or via TED (if available for your region), according to the option selected.
Every canceled model has the value fully refunded to your wallet on the website immediately in the form of credit. Withdrawal is subject to administrative fees of the payment method.XIII. DELIVERY
The delivery period for the products or services purchased on the CO3D website will be informed at the time of order, in working days. The delivery time is calculated according to the current situation of the item.
The deadlines are described in each stage of the process, which can be followed in the menu "My account", and can be ended beforehand if the goal is reached in advance.
After completing the order, it may not be possible to change the payment method.XIV. THE RIGHT OF REPENTANCE
As the products sold at CO3D are digital consumables, once received, it will not be possible to give up the purchase or request a refund of the amounts paid.XV. EXCHANGES AND RETURNS
The CO3D website's exchange and return policy will be governed by the Consumer Protection Code (Federal Law No. 8,078, of September 11, 1990).
There will be no exchange of files purchased on the site. Returns will be requested within the system and evaluated by CO3D. Once sent by the modeler, you have 2 days to validate and report any flaws, inconsistencies or the like. The prerequisites are indicated in item 4, of clause 1.
Only if more than 10% of buyers report an error in the file, does CO3D do the validation intermediate.
Reported fraud cases will be assessed individually and if an irregularity is confirmed, appropriate measures will be taken.
Only those that the model does not meet the minimum requirements for delivery to the customer will be deferred. In all other cases, no refunds will be made.XVI. USER SERVICE
In case of doubts, suggestions or problems with the use of the CO3D website, the user will be able to contact his customer service directly, through the website's contact page. These customer services will be available on the following days and times:
Monday to Friday, 8 am to 6 pm (UTC-3, Brasília time)XVII. SANCTIONS
Without prejudice to other applicable legal measures, the editor of the CO3D website may, at any time, warn, suspend or cancel the user's account:
a) breaches any of the provisions contained herein;
b) that you do not comply with your user duties;
c) to commit fraudulent or malicious acts;
d) provide any incorrect information;
e) whose behavior constitutes or may imply an offense or damage to a third party or to the website itself.XVIII. CHANGES
The present version of the general terms and conditions of use and purchase and sale was last updated on: February 05, 2019.
The editor reserves the right to modify, at any time, the website and services, as well as these rules, especially to adapt them to the evolution of the CO3D website, either by making new features available, or by suppressing or modifying existing ones. .
The user will be explicitly notified if this term changes.
The user who uses the service, after making changes to the general terms and conditions, demonstrates their agreement with the new rules. If you disagree with any of the changes, you should promptly cancel your account and submit your disclaimer to the customer service if you wish.XVI. GOVERNING LAW AND JURISDICTION
For the settlement of disputes arising from this instrument, Brazilian law will be fully applied, notably its consumer legislation.
Any disputes should be presented in the district court where the platform editor is based.