Terms of Service -Zea 3D Graphics Engine SDK
ZEA INC. (“Zea”/”WE”/US”) IS A TECHNOLOGY PROVIDER OF 3-D APPLICATION BUILDING SOFTWARE (THE “ZEA ENGINE”), PLATFORM AND SUPPORT SERVICES, PROJECT DEMO-ING AND SHOW CASING AND OTHER DEVELOPMENT-RELATED SERVICES (THE “SERVICES”) PROVIDED THROUGH OR IN CONJUNCTION WITH THE ZEA WEBSITE LOCATED AT WWW.ZEA.COM (THE “WEBSITE”) ON THE TERMS OF THIS AGREEMENT. PLEASE READ THESE TERMS OF SERVICE (“TERM”) CAREFULLY. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE THE WEBSITE AND OUR SERVICES. BY ACCESSING, BROWSING, PURCHASING AND USING THIS WEBSITE AND/OR THE SERVICES, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
IF YOU ARE ACCEPTING THESE TERMS OF SERVICE ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE ON BEHALF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THESE TERMS OF SERVICE. THE TERM “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU’RE REGISTERED ON THE WEBSITE.
PLEASE NOTE THAT THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY ZEA IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, WE will make a new copy of the Terms of Service available at the Website. We will also update the “Last Updated” date at the top of the Terms of Service. PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS
Last Modified March 15, 2021
- Community License (Free) – Community members are free to use, review, modify, distribute the Zea Engine or redistribute modifications under the AGPLv3 open-source license. Your free Community account can be used for non-commercial personal projects, exploratory development and unfunded educational activities. Please see further Community EULA for full specifics on the scope of the license and what access is granted and what is not included.
- Commercial License (Paid) - Developers may purchase a commercial license to use the Zea Engine for commercial, government, or funded research projects subject to the terms of the Zea Commercial EULA.
3. Fees & Payment Terms
Information on the current fees for commercial licensing to use the ZEA Engine and/or Services for Users can be found at https://www.zea.live/en/licensing. A valid credit card is required for paying accounts. Paid term-licenses to use the Zea Engine will continue for the duration of your payment for the same. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Zea’s then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at least thirty (30) days prior to the Renewal Commencement Date (or in the event that you receive a notice from Zea that your subscription will be automatically renewed, you will have thirty (30) days from the date of the Zea notice), by notifying Zea of the intended termination.
Commercial licenses will be billed in advance on a monthly basis and is non-refundable. If you sign up for an annual paid account, we will bill you for the entire year on the date that you sign up for this account. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. If you upgrade your account, this will trigger a pro-rated charge which will be processed immediately using the payment method you have provided. If you downgrade your account, we will adjust your fees down as of the next billing cycle. Downgrading your Service may cause the loss of User Content, features, or capacity of your account. Zea does not accept any liability for such loss. If you cancel the Service before the end of your current paid up month, your account will remain open until the end of the then-current billing cycle, after which the cancellation will take effect and you will not be charged for the next month or be able to access your account. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 14 days’ notice from us. Such notice may be provided by email.
- Showcase Content: Zea’s content made available on the Website or through other channels is subject to the license outlined in its license file and accordingly, by accessing or using that content, including in combination with the Software, you are agreeing to use the content only in accordance with the license terms.
- User Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by users (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not Zea, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Zea does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Zea be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
5. Restrictions on User Content and Use of the Service
Zea reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.
You also agree not to access the Website or Software in a manner that utilizes the resources of the Website or Services more heavily than would be the case for an individual person using a conventional web browser. If your bandwidth usage exceeds reasonable levels, or significantly exceeds the average bandwidth usage (as determined solely by Zea) of other Zea customers, we reserve the right to immediately disable your account and/or throttle your usage until you can reduce your bandwidth consumption. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
6. License of Content to Zea
If You provide Zea with any suggestions, comments or other feedback relating to any aspect of the Website and/or Services (“Feedback”), Zea may use such Feedback in the Website or, Services and/or in any other Zea products or services (collectively, “Zea Offerings”). Accordingly, You agree that: (a) Zea is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Zea, (c) Zea (including all of its successors and assigns and any successors and assigns of any of the Zea Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Zea Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind in respect of the Feedback.
8. Links & Third-Party Websites and Integrations; Contests
The Website (including User Content) may contain links to other websites that are not owned or controlled by Zea or may make it possible for you to elect to use third party services with the Service where such third party service providers have integrated with the Services (“Third Party Integration Partners”). In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Zea of that third party, third party product or service. Zea is also not responsible for the content of any linked websites or for the delivery of any product or service offered by third parties including Third Party Integration Partners. In order to receive access to a Third Party Integration Partner’s products or services, you will need, in most cases, to sign-up directly with the Third Party Integration Partner. For certain services offered by Third Party Integration Partners, you will be required to pay a fee to Zea to turn on the third party service. Any third-party websites or services (including those offered by Third Party Integration Partners) are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence of a link to any other website(s) does not imply that Zea endorses or accepts any responsibility for the content or use of such websites, and You hereby release Zea from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
While Zea does not prohibit linking to third party websites and content, it does not wish to be linked to or from any third-party web site which contains, posts or transmits any of the prohibited content in Section 7 of these Terms of Service. Zea reserves the right to prohibit or remove (or require You to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.
Zea may from time to time offer promotions, sweepstakes, give-aways and contests on the Website. Participation in such initiatives requires your agreement to the contest rules that govern the specific promotional event.
9. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONSThird-Party Beneficiaries
THE WEBSITE, SERVICE, APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS” AND ZEA DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED. IN ADDITION, ZEA SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. ZEA DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND ZEA SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. ZEA WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ZEA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, OR (IV) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF ZEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ZEA’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) AMOUNTS YOU’VE PAID ZEA IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SHALL INDEMNIFY AND HOLD ZEA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF SERVICE, THE RIGHTS OF ANY THIRD PARTY, OR ANY APPLICABLE LAW OR REGULATION. THIS PROVISION DOES NOT REQUIRE YOU TO INDEMNIFY ZEA FOR ANY UNCONSCIONABLE COMMERCIAL PRACTICE BY ZEA OR FOR ZEA’S FRAUD, DECEPTION, FALSE PROMISE, MISREPRESENTATION OR CONCEALMENT, SUPPRESSION OR OMISSION OF ANY MATERIAL FACT IN CONNECTION WITH THE WEBSITE OR ANY SERVICES PROVIDED HEREUNDER.
You are solely responsible for properly cancelling your account. You can cancel your account at any time by calling us and notifying us of your desire to cancel your account. However, please see Section 2 above for details that the effect of cancellation has on your payment obligations. Zea may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or Services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Service or any other agreement that You may have with Zea (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to Zea), (b) requests by law enforcement or other government agencies, (c) a request by the Account Owner, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities; or (g) verbal, physical, written or other abuse (including threats of abuse or retribution) of any Zea customer, employee, member or officer will result in immediate termination of Your account. Termination of Your access to the Website or App may also include removal of some or all of the materials uploaded by You. You acknowledge and agree that all terminations may be made by Zea in its sole discretion and that Zea shall not be liable to You or any third-party for any termination of Your access to the Website or App or for the removal of any of the materials uploaded by You to the Website. Any termination of these Terms of Service by Zea shall be in addition to any and all other rights and remedies that Zea may have.
13. Availability & Updates
Zea may alter, suspend, or discontinue the Website and/or Services at any time and for any reason or no reason, without notice, but will endeavor to provide notice of the same. The Website and/or Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Zea may periodically add or update the information and materials on this Website without notice. You may need to update third-party software from time to time in order to use the Website and/or Services.
Information sent or received over the Internet is generally unsecure and Zea cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. If you create an account on behalf of a corporation or entity, you are responsible for any actions of administrative users you add to your account and you are liable for any payment obligations that they incur for example by selecting specific paid features or services. Log-ins are intended for one user only and are not to be shared by multiple users. Zea will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about these Terms of Service or if you wish to make any complaint or claim with respect to the Website or Services, please contact us at: [email protected]