PLEASE READ THESE TERMS OF SERVICE CAREFULLY, INCLUDING OUR PRIVACY POLICY. YOUR PARTICULAR ATTENTION IS DRAWN TO THE LIMITATION OF LIABILITY CONTAINED IN SECTION 10 BELOW. FURTHERMORE, YOU AGREE TO RESOLVE ANY DISPUTE BETWEEN YOU AND MODERNFOX LTD THROUGH ARBITRATION SOLELY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION, AS DETAILED IN SECTIONS 21 BELOW. IF YOU DO NOT AGREE WITH ALL OF THE TERMS, YOU MAY NOT ACCESS OUR SERVICES IN ANY MANNER.
These Terms of Service (the “Terms”) and our Privacy Policy, which can be found at [ https://www.sculptok.com/privacy.html] (“Privacy Policy”), along with any future amendments, supplements, and modifications, collectively constitute (the “Agreements”, each or any of them, an “Agreements”). These Agreements represent your contract with the operator of sculptok.com, MODERNFOX LTD (“MODERNFOX LTD” or the “Company”), a corporation incorporated in the United Kingdom with its registered office at B12.10, East Tower, Deansgate Square, 9 Owen Street, Manchester. Unless you have entered into a separate agreement with MODERNFOX LTD, these Agreements solely regulate your involvement in activities, access to, and use of sculptok.com and our related websites, applications, and communities communities (collectively, the “Sites”), as well as any services provided on these Sites. This includes, but is not limited to, the downloading, uploading, and utilization of 3D Model Assets, PBR textures, graphics, photographs, text, links, and other content (the “Content”), and establishes a legally binding agreement between you and MODERNFOX.
As used in these Agreements, “you” and “your” refers to you, being the person accessing the Sites or using the Services (also referred to as the “User” or “Users”); “we”, “us”, “our”, “ours” and “ourselves” refer to MODERNFOX LTD; and “party” or “parties” refers to both you and us. The effective date of these Agreements is when you accept those, in accordance with the terms and conditions set out below.
YOU MUST BE AT LEAST 18 YEARS OLD OR THE MINIMUM AGE REQUIRED IN YOUR COUNTRY TO CONSENT TO USE THE SERVICES. IF YOU ARE UNDER 18 OR SUCH MINIMUM AGE YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN'S PERMISSION TO USE THE SERVICES.
By accessing our Sites and utilizing our Services, you affirm that you have thoroughly read, fully comprehended, and willingly consent to adhere to the terms of the Agreements, as well as any subsequent updates or modifications. Should you reject the Agreements or take exception to any portion thereof, you are expressly forbidden from utilizing the Services. It is incumbent upon you to reach out to MODERNFOX LTD to seek clarification on any ambiguous aspects prior to engaging with the Services. Upon registration, subscription, or any other form of Service utilization, you are entering into a legally binding contract and are thereby giving your consent to the Agreements. You also acknowledge your responsibility to ensure compliance with all Applicable Laws. In the context of these Agreements, “Applicable Law” refers to any legislation, regulation, statute, subordinate legislation, rule, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, directive, or judicial, arbitral, administrative, ministerial, or departmental judgment, award, decree, treaty, directive, or other requirement or guideline that is published or in effect at any time, which is intended to govern or regulate any individual (including all parties to the Agreements), property, transaction, activity, event, or other matter. This includes any rule, order, judgment, directive, or other requirement or guideline issued by any governmental or regulatory body.
Through the Service on the Sites, Users are permitted to engage in the following activities:
Be advised that certain Services offered on this website may come with particular terms or guidelines that Users must agree to before they can utilize the respective Service. MODERNFOX LTD or third parties have the authority to set these specific terms at their discretion. Should there be any discrepancy between these specific terms and the Agreements, the specific terms will take precedence. Therefore, Users are obligated to read and accept these specific terms before accessing the relevant Services. MODERNFOX LTD or third parties retain the right to impose such specific terms at their discretion. In case of a conflict between the specific terms and the Agreements, the specific terms will supersede. Consequently, Users are required to review and accept these specific terms prior to engaging with the relevant Services.
To utilize our Services, you may be required to create an account on the relevant Site (the “Account”). During the Account registration process, you must submit accurate details and update this information without delay should any changes occur. You acknowledge that it is your exclusive duty to safeguard the security of your Account and to manage any usernames, passwords, or other access codes used to access our Services. Access to your Account is restricted to you alone, and you assume all risks associated with unauthorized access to your Account. You are prohibited from selling, renting, leasing, or otherwise sharing access to your Account without our explicit written consent. You must promptly notify us if you uncover or suspect any security breaches concerning the Services or your Account; failure to do so may result in you being held accountable for actions taken under your Account. You are not to allow others to use your Account credentials and are accountable for any activities related to your Account. We retain the right to reclaim usernames, especially on behalf of entities or individuals with legal claims, including trademark rights, to those usernames. You understand and accept that in the event of an Account dispute, we may attempt to verify your ownership based on the information you provide us and other data we possess related to the Account. However, we do not guarantee the authenticity or accuracy of such verification. We will act reasonably to address any reported security breaches. Nevertheless, you recognize and agree that we, our affiliates, or third-party service providers shall not be held responsible or liable for any claims or damages resulting from such security breaches.Your registration data and certain other information about you are governed by our Privacy Policy. You may also close your account by contacting us.
To clarify, Credits are not redeemable, refundable, or exchangeable for real currency, actual monetary instruments, goods, or other items of monetary value. Credits do not have any equivalent value in fiat currency and are not intended to serve as a substitute for fiat currency. The acquisition and utilization of Credits are subject to our sole discretion and are governed by these Agreements. Credits are non-transferable and can only be utilized in relation to the applicable Services. You acknowledge and understand that the purchase of a Credit does not grant you any personal property rights over it, nor does it confer any equity or other ownership or profit-sharing interest in MODERNFOX LTD or any of our affiliates, brands, or other business ventures.
As mentioned in other sections of these Agreements, there are circumstances under which Content or Services may need to be removed from the Sites, either due to breaches of these Agreements or for other reasons. We would like to remind you that all sales are considered final, and refunds will not be issued except where mandated by law. Once you have completed your purchase, we do not permit modifications to that transaction. Consequently, we will not be held responsible for any losses you might experience as a result, and we cannot be held liable to reimburse any funds spent on or for that Content.
Our Services allow you to submit, post, upload, display or otherwise provide (“Provide”) to us text or images (“Prompts”) on or through the Sites or the Services to generate Content (“Output”) based on your Prompts.
You are encouraged to report any problematic or illegal Content by contacting us. Our Privacy Policy regulates how you use and we process personal information related to our Services, including personal information you provide as Prompts or other Content. We may handle personal information, including any sensitive data, as detailed in the Privacy Policy. We retain the right to investigate and take appropriate action against any individual whom we, in our sole discretion, determine to have violated these Agreements. Such actions may include, but are not limited to, removing Prompts and/or Content from the Services, suspending or terminating your account, and reporting the matter to law enforcement authorities.
We maintain the right to suspend, limit, or terminate your access to the Site and/or our Services if you have actually or potentially violated any of the restrictions set forth in these Agreements. In the event that any Content is permitted to be sold, resold, transferred, or disposed of in any form under the Agreements, Users must inform the receiving party of the restrictions detailed in these Agreements and exert their best efforts to ensure that the receiving party adheres to such restrictions as if they were the User themselves. Users will be held accountable for any breach of these Agreements committed by the receiving party. This policy is in place to protect the integrity of our Services and to ensure that all parties involved understand and respect the terms and conditions governing the use of our Content. It is crucial for Users to communicate these restrictions to any third parties involved in the transfer or use of our Content, and to take all necessary steps to enforce compliance with these Agreements.
If any of your content has been removed or disabled and you are convinced that it does not constitute an infringement, or if you possess the necessary authorization from the intellectual property rights owner, their agent, or are legally entitled to post and utilize the material in question, you have the option to submit a counter-notification to us. This counter-notification should include evidence of your authorization or a declaration affirming the lawful use of the content.
Upon receiving a counter-notice, we may forward a copy to the party who initially raised the complaint, notifying them that we are considering the possibility of reinstating the content that was removed or ceasing its disabling. Unless the holder of the Intellectual Property Rights initiates legal proceedings to obtain a court order against the content provider, we may, at our discretion, restore the removed content following the receipt of the counter-notice.
You understand that if you do not fully meet all the requirements outlined in Section 6.4, your notice or counter-notice may be deemed invalid. We retain the right to request additional documentation from you as necessary to facilitate the aforementioned processes.
The Company retains the right to: (i) take down or restrict access to content that, in our good faith judgment, infringes upon the intellectual property rights of a third party upon receiving notification from the rights holder or their designated agent, by being accessible through our Service; and (ii) under appropriate circumstances, to terminate the accounts and bar access to the Service for any User who repeatedly or flagrantly violates the intellectual property rights of others.
Users are permitted to access and utilize the Sites, Services, or Content solely for legal and legitimate purposes, in compliance with these Agreements and all applicable legal regulations. The Company strictly prohibits and denounces any illegal or harmful activities intended to injure others. Engaging in such conduct may lead to the suspension or termination of your account, without the possibility of a refund.
In particular, the Company prohibits certain activities, though not limited to the following scenarios. By engaging with the Services, Users are deemed to have accepted these restrictions without reservation. If there is any doubt regarding the legality of a particular use, Users must obtain written authorization from the Company prior to using the Services. Failure to obtain such authorization may result in account suspension or termination, without eligibility for a refund.
Some parts of our Service might include, show, or provide third-party content, data, information, applications, or materials (“Third-Party Materials”). You acknowledge that your use of the Service may lead you to encounter such Third-Party Materials, like advertisements and promotional content that could be offensive, indecent, or objectionable. This content might not be labeled as explicit and could include links or references to unsuitable material. You agree to use the Service at your own risk, and we disclaim any responsibility for any content that you might find offensive, indecent, objectionable, inaccurate, incomplete, outdated, invalid, illegal, of poor quality, or otherwise.
Furthermore, Third-Party Materials that can be accessed from, displayed on, or linked from your device may not be available in all languages or in all countries. We do not claim that these services and materials are suitable or available for use in any specific location. If you choose to access such services or materials, you do so at your own discretion and are responsible for ensuring compliance with any applicable laws and regulations.
Users agree to protect, indemnify, and keep us and our related companies, as well as our and their officers, directors, agents, partners, employees, and licensors (collectively referred to as “MODERNFOX LTD Parties”), free from harm against any and all third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including attorney fees and costs), and costs (including court costs, settlement costs, and costs associated with pursuing indemnification and insurance), of any kind, that arise from or relate to the Agreements or your access to or use of the Site or Services. This includes, but is not limited to, damages to property or personal injury resulting from: (a) Your access to, use of, or alleged use of the Service; (b) Your breach of any part of these Agreements, any representation, warranty, or agreement referenced in these Agreements, or any applicable law or regulation; (c) Your infringement of any third-party right, including intellectual property or proprietary rights, publicity or privacy rights, property rights, or confidentiality obligations; or (d) Any dispute or issue between you and any third party. You agree to promptly inform us of any third-party claims and to cooperate with MODERNFOX LTD Parties in defending against such claims. You also agree that MODERNFOX LTD Parties will have control over the defense or settlement of any third-party claims.
We will not be held responsible for any losses you may incur and we do not accept responsibility for any use of the Sites, Services, or Content. To clarify, you understand and agree that we will not be in violation of our agreements and will not be held liable for any losses, damages, or claims resulting from or related to: (I) User mistakes such as forgotten passwords, incorrectly executed transactions, or mistyped addresses; (II) Server upgrades, maintenance, failures, errors, delays, or data loss related to the Services; (III) The similarity or identity of the output produced by our Services to that of any third party; (IV) Unauthorized access to the Site or the Services; (V) Unauthorized third-party activities, including but not limited to the use of viruses, Trojan horses, malicious program attacks, phishing, brute-forcing, or other means of attack against the Site, Services, or Content; (VI) Acts of God, floods, droughts, earthquakes, or other natural disasters; (VII) Epidemics or pandemics; (VIII) Terrorist attacks, civil wars, civil unrest, riots, wars, threats or preparations for war, armed conflicts, imposition of sanctions, embargoes, or breaking off of diplomatic relations; (IX) Changes in business plans or actions taken by us to comply with applicable laws or actions taken by a government or public authority in relation to the Services; (X) Interruptions or failures of utility services, power outages, system instability, system or equipment failures, telecommunication equipment failures; (XI) Non-performance or defects caused by third-party service providers; (XII) Other exemptions stated in the disclaimers and agreements.
Your access to and use of the Sites, Services, Content, or Third-Party Materials are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from such use. Despite any other provision contained herein, the maximum aggregate liability of us arising from or related to the Agreements, access to and use of the Site, the Services, or the Content will not exceed the greater of $100 or the amount you paid to use our Services.
It is important to note that nothing in this clause shall exclude or limit our liability for fraud, death, or personal injury caused by negligence, violation of applicable laws, or any other liability that cannot be limited or excluded under the applicable laws.
We reserve the right to unilaterally update or modify these Agreements, making changes to various parts of them whenever necessary, particularly for the following reasons: (a) to comply with changes in laws or regulatory demands, (b) to address security and operational concerns, and (c) to keep pace with new technological advancements. These modifications will take effect immediately upon being published through our Services. We will announce the changes on our Services, clearly marking the date of the last revision at the top of the Agreements. Additionally, we will inform you of these changes through the user interface of our Services, via email, or by other reasonable means. Your continued use of any of the Services after the posting of the revised Agreements signifies your acceptance and agreement to the changes. We recommend that you regularly review these Agreements to stay updated on the latest modifications. If you do not agree to the updated Agreements, you must cease using our Services. We will not be held liable for any alterations to the Services or for any suspension or termination of the Services or your access to them.
You have the option to discontinue using the Services at any time. We hold the right to look into any complaints or reported violations of these Agreements. We may choose to suspend or end your access to the Services without prior notice if we suspect you have violated these Agreements or if it is necessary to do so to comply with applicable laws. The actions we might take include, but are not limited to, canceling your Account, reporting any suspected illegal activities to law enforcement or other authorities, and sharing relevant information about your profile, email addresses, usage history, posted materials, IP addresses, and traffic data with these parties, in accordance with our Privacy Policy.
When these Agreements are terminated or your access to the Services is cut off, we may, at our discretion, delete any Content or data related to your Account. Key sections of these Agreements (Sections 9-21) will remain in effect even after the Agreements expire or are terminated.
You are not allowed to assign or transfer any rights to use the Services or any of your rights and obligations under these Agreements without obtaining our prior written consent. This includes any rights or obligations related to law enforcement or in the event of a change of control. However, we reserve the right to assign or transfer any or all of our rights and obligations under these Agreements, in whole or in part, without the need to notify you or seek your consent or approval.
If a court or any competent administrative body determines that any part of these Agreements is invalid or unenforceable under the applicable laws, such a finding will not impact the validity or enforceability of the remaining provisions of the Agreements under those same laws. Additionally, the invalidity or unenforceability of a provision under one set of laws will not affect its validity or enforceability under any other laws. All provisions that are not affected by such a determination will continue to be in full force and effect under the relevant laws. The provision in question will be modified and interpreted to the extent possible under the applicable laws to best achieve its intended purpose.
These Agreements represent the complete and exclusive understanding between the parties concerning the subject matter. They replace and render void all previous representations, arrangements, understandings, and agreements—whether spoken or written, explicit or implied—pertaining to the same subject matter. You confirm that in accepting these Agreements, you are not relying on any statement, representation, warranty, or understanding other than those that are explicitly stated within the Agreements themselves.
The rights, interests, powers, or remedies granted by the Agreements cannot be waived entirely or partially unless it is done in writing by the party holding such rights, powers, interests, or remedies. If a party chooses to delay enforcement or not enforce any term of the Agreements, this will not be considered a waiver of their right to enforce such terms in the future. No right, interest, power, or remedy given to or reserved for any party in the Agreements is to the exclusion of any other right, interest, power, or remedy available to that party. Each right, interest, power, or remedy is considered cumulative, meaning they can be used in addition to any other rights, interests, powers, or remedies.
By utilizing our Services, you consent to receive electronic notifications or other communications from us, which may include marketing messages related to your use of the Services. These communications can be sent: (a) Via email to the address you provide, SMS messages, or telephone calls to the number you provide, or (b) By posting on our Site. For emails, the date of receipt is considered the date the email is sent. You will always have the option to opt out of receiving any marketing materials from us. To send us notices, please email us at official@sculptok.com. You may voluntarily share questions, comments, suggestions, ideas, original or creative materials, or other information about MODERNFOX LTD or our Services (collectively referred to as "Feedback"). We reserve the right to use such Feedback for any purpose, including commercial use, without any obligation for acknowledgment or compensation. This includes the right to develop, modify, publish, or enhance the Feedback at MODERNFOX LTD's sole discretion. You understand that we consider Feedback to be non-confidential.
Except for our affiliates, an individual who is not a party to these Agreements does not have the right to enforce any of the terms within them.
You acknowledge and agree that all terms and conditions of the Agreements will continue to apply even after the termination or expiration of (i) the Service or the Site, and (ii) your ownership of any Content.
The Agreements are governed by and interpreted according to the laws of the United Kingdom, without consideration for any principles of conflict of laws.
Please review this section carefully, as it impacts your legal rights. You and MODERNFOX LTD mutually agree to the following provisions regarding mandatory arbitration and waiver of class action rights:
If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and MODERNFOX LTD agree that NAM will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.