Introduction
Welcome to the Dmation world. These Terms and Conditions govern your utilisation of our website and its services pertaining to the listing and sale of 2D/3D models, animation, AR/VR, game design, mechanical models, textures, materials, fashion design, and art (collectively referred to as "Products"). By accessing or using the website, you agree to comply with and be bound by these terms.
This platform provides you with the opportunity to list, sell or inquire about the "Work" or "Files" available on the website. Listing and price details are provided by the author itself.
Terms and Conditions
Acceptance of Terms
- You are agreeing to these terms by accessing or using our website. If you do not agree with these terms, it is imperative that you refrain from accessing our website.
- By providing us with your work details or showcasing your projects, you acknowledge and accept the terms of this Terms of Use agreement. It is crucial that you carefully read and review this agreement and regularly check for any changes or updates. If you do not agree to abide by these terms, you cannot use our services.
- All work files and description about the product must be sent or received exclusively via the official email ID (info@dmationworld.com). No other modes of sending or receiving files will be accepted. Dmation World will respond via email to any inquiry regarding the work.
- To list a product, you must provide accurate and complete information about the product. We reserve the right to remove any listings that violate our guidelines or these terms.
User Obligations
- You agree not to use our website for any unlawful purpose or in any way that could harm, disable, overburden, or impair our website. You also agree not to upload any content that infringes on the intellectual property rights of others.
Commission Structure
- A commission of 20% is applied to all sales, which includes taxes. For instance, if your product is sold for ($100 or 100 Rs), we will subtract ($20 or 20 Rs) as our commission, leaving you with ($80 or 80 Rs).
- This commission is deducted during the transaction process.
Eligibility
- Our website is intended for users who are at least 18 years old. By using our website, you represent that you meet this age requirement.
- We do not knowingly gather personal information from individuals under the age of 18. By utilising our services, you confirm that you are 18 years old or older.
Intellectual Property Rights and Content Ownership
- You retain ownership of any intellectual property rights you hold in the content you upload.
- By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display your content for the operation of our website.
- You retain ownership of your content, but you grant us the right to use it as described in these terms. We may remove content that violates our policies.
Termination
- We may terminate or suspend your listed work at any time, with or without cause, and with or without notice.
Limitation of Liability
- We shall not be held responsible for any harm that may result from your utilisation of our website. Our liability is restricted to the fullest extent allowed by law.
Modifications to the Terms
- We may modify these terms at any time. We will notify you of any changes by posting the new terms on our website.
- Your continued use of our website following any changes constitutes your acceptance of the new terms.
NOTE FOR THE LISTERS
- In the event of any product defect, it is the responsibility of the seller to rectify the issue and subsequently inform Dmation World.
- Failure to do so will result in the removal of the product from the website's listing.
Privacy Policy
Information Collected from Website
- Dmation World gathers data through the platform. The type of information we gather differs based on our relationship with you and your interactions with us. Typically, we collect data when you voluntarily provide it to us.
Information You Provide
- Please ensure to furnish us with essential details such as your full name, age, contact number, country of residence, and email address.
- Typically, the information we gather on an individual basis is utilised to assist us in delivering, analysing, and advertising the services (like analysing how the services are used so we can better understand, improve, and personalise them)
Dispute Resolution
Initial Dispute Resolution
- Users agree to attempt to resolve any disputes informally by contacting Dmation World at [dmationworld@gmail.com].
- Both parties will engage in good-faith negotiations to resolve any issues.
Mediation
- If the initial negotiations fail to resolve the dispute, both parties will engage in at least one mediation session with a mediator agreed upon by both parties.
- The expenses incurred during the mediation process will be divided equally between the parties, unless an alternative agreement is reached.
Binding Arbitration
- In the event of any disagreement, dispute, or claim related to these Terms or the website usage that cannot be settled through mediation, it will be resolved through binding arbitration following the American Arbitration Association (AAA) rules. The arbitration will be held in [Dehradun, Uttarakhand], unless otherwise agreed upon by the parties involved.
- The arbitrator will possess expertise in technology and intellectual property law. The decision made by the arbitrator will be conclusive and enforceable by both parties and can be recorded as a judgement in any court with appropriate jurisdiction.
Governing Law and Jurisdiction
- The Terms and any disputes arising from or related to them will be governed by and interpreted in accordance with the laws of the State of Uttarakhand, regardless of their conflict of law principles.
- Except for the arbitration provision mentioned earlier, any legal action or proceeding related to these terms or the website will only be filed in the courts of [India, Uttarakhand], and the parties agree to the jurisdiction of such courts.
Class Action Waiver
- Users acknowledge that any arbitration or legal proceedings will be carried out individually and not as part of a class action or any other representative action.
- Users explicitly give up their right to initiate a class action or seek remedies collectively.
Injunctive Relief
Despite the above, each party has the right to request injunctive or other equitable measures from the courts to stop or prevent the violation of intellectual property rights or any breaches of confidentiality or proprietary information.
Severability
If a provision within this dispute resolution section is deemed unenforceable, the other provisions will continue to be fully effective and operational.
Contact Information
If you have any questions about these terms, please contact us at dmationworld@gmail.com.