Last amended on November 01, 2023
AVATAR 3D CREATOR SAC, registry code: 20535026522, registered at Lima, Perú (“avatar3dcreator.com”, “we”, “us” or “our”), is the owner and operator of the
3D AVATAR platform (“Platform”).
- ESSENCE OF THE PLATFORM AND SCOPE OF THE TERMS
1.1. The Platform is an online tool that enables you (“User” or “you”) to create an avatar
based on a selfie of you or, if you wish, without a selfie (“Avatar”).
1.2. The following terms of use (“Terms”) will apply exclusively to the current and future
contractual relationships between AVATAR 3D CREATOR SAC saand you as regards to your use of the
Platform and any of the services, including creating the Avatar, accessible through
the Platform (“Services”).
1.3. Please read these Terms carefully before you use our Services as they affect your
rights and liabilities and constitute an agreement between you and us.
1.4. The Platform software is created, owned and operated by AVATAR 3D CREATOR SAC. - PARTNER’S APPLICATION
2.1. Please take note that (depending on from where you access the Platform) the
Platform may be framed into one of our partners’ web applications (“Partner” and
“Partner’s Application”).
2.2. These Terms apply only to your use of the Services (and the Platform) as framed
but not to usage of any of the sites and services provided by the Partner or any
other third party. - ACCEPTANCE OF THE TERMS
3.1. It is essential that you thoroughly read, understand and accept the Terms as well
as the Privacy Policy of the Platform.
3.2. By accepting the Terms, you confirm that you have read the Terms, that you
understand it, that you agree to be bound by it and that you are at least 16 years
old. Bear in mind – the Terms are obligatory and legally binding to all Users. If you
do not agree to these Terms, you may not use the Services (including the Platform)
in any manner. Also persons under 16 years old are not allowed to use the Platform.
3.3. By accepting the Terms, you and AVATAR 3D CREATOR SAC enter into an agreement of unspecified
term under which you have the right to use the Services. Policy for cancellation of
the Services and the agreement is provided in clause 16.1 of the Terms.
3.4. After accepting the Terms you can always read them again at the Platform. - STARTING TO USE THE SERVICES
4.1. To gain access to the Services, you can either create an account (“Account”) Lub
continue without creating the Account. Jednakże, if you do not create the Account,
some functionalities of the Platform and the Services may be limited
4.2. To create the Account, you need to enter your e-mail address (and other data, Jeśli
required). Then we will send you a confirmation e-mail with a link or a code to verify
your e-mail address. Once the e-mail address is verified, the Account is successfully
created.
4.3. If you do not create the Account but you still wish to get updates about the Platform
and to uses of the Avatar, you may provide us your e-mail address (it is voluntary).
- CREATING AND MAKING THE AVATAR AVAILABLE
5.1. In order to create an Avatar, you must:
A) choose the type and gender of the Avatar (the algorithms for the creation of
Avatars for sexes vary slightly);
b) either:
i. take a photo of your face (selfie) using the forward facing camera of your
device (for that we request access to your device’s camera) with a neutral
facial expression and good lighting or choose an existing photo that meets
the same requirements. Also, make sure that your hair (or anything else)
does not cover your face. Remove your glasses if you are wearing them.
This photo is used as a basis for the Avatar;
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ii. continue without a photo in which case a standard Avatar is taken as the
basis;
C) customise the Avatar (e.g. select hair style, colour, accessories, etc.).
5.2. When customizing the Avatar we do not expect you to enter correct data about your
appearance because the Avatar is not meant to be an exact copy of you. We hope
that you are creative and let your imagination run its course.
5.3. Once the customization is finished by you, the Avatar data file is created on the
Platform.
5.4. Where you are using the Platform via the Partner’s Application, you hereby give us
authorisation to make the Avatar available to the respective Partner so it can be
used in the Partner’s Application.
5.5. You also have a possibility to copy the Avatar to other environments (as and if made
possible) and make the Avatar available therein. The respective instructions are
given at the Platform and/or in those other environments. Please keep in mind that
third-party sites may have their own terms which implementation cannot be
controlled by us. We are not responsible for the content of third-party sites and the
terms applicable therein. When visiting these sites, we encourage you to read the
terms which apply at such sites.
5.6. We keep the right to retain the created Avatar in our server.
5.7. If you have the Account and you created the Avatar while being logged in to your
Account, you can later view and modify your Avatar at the Platform by logging in
with your Account.
5.8. If you do not have the Account (or if you created the Avatar while not logged in),
the Avatar may be (or may not be) available for viewing and modifying on the same
device where you created the Avatar as long as you have not deleted the cookies
sent by the Platform to your device from creating the Avatar. Once you delete these
cookies, you are not able to access your Avatar from the Platform.
- USING THE AVATAR
6.1. Once the Avatar has been created you can use the Avatar in any environment where
it is made available, including in the Partner’s Application, to the extent that:
A) the Avatar is not used inappropriately or for any immoral, illegal, abusive or
harmful purpose at the sole discretion of AVATAR 3D CREATOR SAC – for example, it is prohibited
to use the Avatar for political reasons and/or in the adult entertainment
industry;
b) the reputation of AVATAR 3D CREATOR SAC nor the respective Partner’s is in any way harmed or
decreased; oraz
C) other terms and conditions of these Terms have been fully complied with.
6.2. You hereby agree that it is at our sole discretion to decide whether any use of the
Avatar complies with these Terms or not and in the latter case it is at our sole
discretion to request you or the respective Partner to stop the usage of the Avatar.
Upon receiving such request, you shall stop using the Avatar immediately. - NOTIFICATIONS
7.1. From time to time we may send you notifications via e-mail (if you have given us
your e-mail address) to inform you of updates and other important information.
7.2. You can unsubscribe from such e-mails at any time. - PAID FEATURES AND NO FEE
8.1. We may in the future, at our sole discretion, introduce paid Avatar features or
customization assets, such as, but not limited to virtual clothing, accessories and
makeup for the use of which you must pay a fee for us (hereinafter: Paid
Features).
8.2. The core Services, such as creation of Avatar are free of any fee payable by you to
us and at the time we have no intention of changing it. Jednakże, we reserve the
right to do so in the future as we are entitled to amend the Terms (see clause 10
below). In any case, the usage of the Avatar(s) already created by you shall be free
of any fees payable by you to us indefinitely. - GENERAL RIGHTS AND OBLIGATIONS
9.1. You are obligated to use the Services (and the Platform) only in accordance with
the Terms, law and good practice.
9.2. If the Services provided by us are in breach of the Terms, you have the right to use
legal remedies provided by the law: (A) require performance of the obligation; (b)
withhold performance of an obligation which is due from you; (C) demand
compensation for damage; (D) withdraw from or cancel the contract; (mi) reduce the
price; (f) in the case of a delay in the performance of a monetary obligation, demand
payment of a penalty for late payment, unless otherwise provided by the Terms or
by the applicable law.
9.3. Any complaint against us can be filed by e-mail to info@avatar3dcreator.com. Such
notification must include your name, contact information, date of submitting the
notification, description of the complaint and the content of the offered solution of
the complaint.
9.4. You undertake not to:
A) use the Services for any purpose that is illegal or prohibited by these Terms,
law or good practice;
b) use the Services for any immoral, abusive, harmful or nefarious purpose –
e.g. in a way that would cause damage to our software and/or hardware or in
a way that would interfere with Services production to other users;
C) not reverse engineer any of the Platform’s software;
D) use the Services in order to damage AVATAR 3D CREATOR SAC;
mi) take or use any photos of another person without his or her permission.
9.5. We reserve the right to refuse you the use of the Services. This includes that we
reserve a right to end and/or terminate your right to use the Services at any time
if you have infringed these Terms or the applicable law in any way or if we
investigate such infringement.
9.6. Also, we reserve the right to refuse you the Services via the Partner Application if
under the agreement entered into between AVATAR 3D CREATOR SAC and the respective Partner we
are entitled to refuse provision of the services to the respective Partner or if such
agreement is terminated or expired.
9.7. We have the right to suspend provision of the Services also for maintenance work
or due to any data security risk.
- AMENDMENTS
10.1. AVATAR 3D CREATOR SAC has the right to amend the Terms unilaterally.
10.2. In case of any amendments you shall be notified of such amendments at least 30
days before any amendments enter into force by e-mail; or you shall be notified of
the amended terms next time you visit the Platform and they will enter into force
when you accept them.
10.3. If you do not accept the amended Terms, you will not be permitted to continue to
use the Platform or the Services. - UPDATES
11.1. We may automatically update the Platform and change the Services at our sole
discretion, including but not limited when we want to improve performance,
enhance functionality, reflect changes to the operating system or address security
issues. Alternatively, we may ask you to update the Platform for these reasons.
11.2. If you choose not to install such updates or if you opt out of automatic updates (Jeśli
possible) you may not be able to continue using the Platform and the Services. - INTELLECTUAL PROPERTY
12.1. The intellectual property rights to the Services, data, methods and processes based
on which the Services are produced, including the Avatar itself, shall vest in and
remain the sole and exclusive property of AVATAR 3D CREATOR SAC.
12.2. Hereby we grant you a non-exclusive, non-transferable, non-sublicensable
worldwide license as per the term of the agreement entered into by you and us
under the Terms to use the Platform, including the right to customize the Avatar.
12.3. Hereby we also grant you a non-exclusive, non-transferable, non-sublicensable
worldwide license for the full period permitted by law to use any Avatar(s) created
by you on the Platform. The use of the Avatar(s) is subject to the conditions of
clause 6 of the Terms.
12.4. When using our Services, you may give us information, suggestions and feedback
regarding the design or performance of the Services (hereinafter collectively as:
Feedback). Also, your customization of the Avatar may be considered as an artistic
work protected under the applicable copyright law (hereinafter: Work). If any such
copyright is created, then you hereby give as a right to use the Feedback and the
Work however we choose, including the unrestricted and irrevocable right to use
them, in our sole discretion, for our technology, Produktów, services and business.
For that, you hereby grant us a non-exclusive, worldwide, transferable license for
the usage of the Feedback and the Work with the right to grant sub-licenses and
without any restrictions of use to the maximum extent and period permitted by law
without receiving any separate remuneration and compensation therefore (as the
remuneration is considered to be the right to use the Services). If any such rights
may not be licensed under applicable law, you hereby waive and agree not to assert
any such rights.
- LIABILITY
13.1. The restrictions on liability in this clause 13 apply to every liability arising under or
in connection with these Terms, including but not limited to liability in contract, tort
(including negligence), misrepresentation, restitution or otherwise.
13.2. Nothing in these Terms shall limit or exclude our or your liability for:
A) damages caused by wilful misconduct or gross negligence;
b) fraud or fraudulent misrepresentation; Lub
C) any other liability which cannot be limited or excluded by applicable law.
13.3. Subject to clause 13.2 (liabilities which cannot be limited):
A) the Services are provided “as is” and “as available” basis without warranty of
any kind, which includes that we do not warrant that the use of the Services
shall be uninterrupted or error free nor is any warranty given as to up-time of
the Services and the results that may be obtained from the use of the
Services; oraz
b) we shall have no liability to you or any third party for any special, indirect,
incidental or consequential loss or damages arising under or in connection
with these Terms, including, without limitation, damages resulting from delay
of delivery or from loss of profits, data, business or goodwill, however caused
and on whatever theory, whether based on breach of contract or warranty,
tort (including negligence), the failure or asserted failure of us to perform our
obligations hereunder, or otherwise, and whether or not we alleged to have
caused such damages have been advised or we aware of the possibility of
such damages.
13.4. We are not responsible for the usability and compatibility of the equipment or
software used with the Services by you unless we have otherwise expressly stated
so. Generally, the Platform is compatible with every up-to-date device with internet
connectivity and browser.
- SUPPORT
14.1. If you want to learn more about the Platform or the Services or have any problems
using them please take a look at our support resources at http://avatar3dcreator.com
14.2. If you think the Platform or the Services are faulty or misdescribed or wish to
contact us for any other reason please e-mail our customer service team at
info@avatar3dcreator.com. - GOVERNING LAW AND DISPUTE RESOLUTION
15.1. The Terms and the legal relations deriving from it between you and us shall be
governed by the laws of Peru.
15.2. If any disputes arise out of or relating to the Terms, we shall attempt to resolve
them through negotiations. If the matter is not resolved by negotiations, the Harju
County Court located in Peru shall have the exclusive jurisdiction as a court of
first instance of all disputes arising out of or relating to these Terms.
15.3. If you are a consumer, you also have the right to turn to the Committee for
Consumer Complaints formed at the Consumer Protection Board (Lima, Peru) to reach an out-of-court settlement. Ten
committee solves contractual disputes between consumers and businesses which
the parties were not able to resolve by negotiations. Ponadto, you may turn to
European Commission’s Online Dispute Resolution platform
(https://ec.europa.eu/).
15.4. Please take note that we may send data about your usage of the Services to relevant
institution in order to comply with any legal or regulatory obligation or request
deriving from the law. - MISCELLANEOUS
16.1. Cancellation by you. You can cancel the usage of the Services (and the agreement
for the usage of the Services) any time as follows:
A) if you have the Account, by deleting the Account via the Platform or sending
us an e-mail to info@avatar3dcreator.com stating that you want to cancel the usage of
the Services;
b) if you do not have the Account, by stopping the use of the Platform and
deleting the cookies sent by the Platform from your device. If you have
provided us your e-mail, we also ask you to (in addition to stopping the usage
of the Platform and deleting the cookies) to unsubscribe from our e-mails.
16.2. Cancellation by us. We may cancel the provision of the Services (and the
agreement for the usage of the Services) by giving such notification 30 days prior
on the Platform or by e-mail (if we have your e-mail address).
16.3. Survival. Cancellation of the agreement shall not affect your right to keep using
the Avatar(s) already created on the Platform and obligation to follow the rules for.
using it – as such, the clauses 6 oraz 12.3, as well as clause 12.4 shall survive the
cancellation of the agreement between you and us.
16.4. Your privacy. We only use your personal data as described in our privacy policy
https://avatar3dcreator.com/privacy
16.5. Indemnification. You agree to indemnify AVATAR 3D CREATOR SAC, its directors, consultants,
employees and its partners against any action, liability, cost, claim, loss, damage,
proceeding or expense suffered or incurred directly or not directly arising from the
your use of the Services or from the your violation of the Terms or the applicable
law.
16.6. Severance. If any provision or part-provision of the Terms is or becomes invalid,
illegal or unenforceable, it shall be deemed modified to the minimum extent
necessary to make it valid, legal and enforceable. If that modification is not possible,
the relevant provision or part-provision shall be deemed deleted. Any modification
to or deletion of a provision or part-provision under this clause shall not affect the
validity and enforceability of the rest of these Terms.
16.7. Transfer of agreement. We may transfer our rights and obligations under the
Terms to another organization, entity or person. We will let you know if this happens
(if we have a way of contacting with you) and we will ensure that the transfer will
not affect your rights under the Terms.
16.8. Waiver. No failure or delay by us to exercise any our right or remedy provided
under these Terms or by law shall constitute a waiver of that or any other right or
remedy, nor shall it prevent or restrict the further exercise of that or any other right
or remedy. No single or partial exercise of such right or remedy shall prevent or
restrict the further exercise of that or any other right or remedy.
16.9. No third party rights. Unless it is expressly stated otherwise, these Terms do not
give rise to any rights to third parties to enforce any provision of these Terms.
16.10. Entire agreement. These terms constitute the entire agreement between you and
us for the use of the Services and supersedes and extinguishes all previous
agreements, promises, assurances, warranties, representations and
understandings between them, whether written or oral, relating to its subject
matter.