Terms of Use - Changes


(Bart) #1

Recent changes:

January 17, 2018

With the introduction of the Sketchfab store on January 17, 2018, we made the following changes to our terms:

  • For all the contributors/users, so including the sellers: Change of the Terms of Use. In the context of the Store, the Terms of Use frame the relationship between Sketchfab and the sellers.
  • For the buyers: We added a License Agreement. In the context of the Store, the License Agreement frames the relationship between Sketchfab and the buyers.

Changes to Terms of Use

We made minor changes to the clauses in section 4.1 and 4.2, and added the following clause to cover paid downloads:

4.2.3 Use by others for a price. Subject always to our prior consent, you may also elect to make your User Content available to other users for download for a price. In such event, you grant us the right to grant other users a nonexclusive, nonsublicensable, and nontransferable, perpetual, worldwide right to use your User Content for the purposes and under the conditions detailed in our user license agreement. For the different types of licenses and details thereof, please see our License Agreement. Each such license is subject to payment of a license fee by the other users (whether one-time or subscription based) in accordance with our end user price list and Sketchfab is entitled to a commission thereon in accordance with our contributor price list, which we may update from time to time in our sole discretion.

This paragraph is essentially stating "you may also elect to make your User Content available to other users for download for a price”.

New: License Agreement

In addition to the general Terms of Use, we also introduced a License Agreement to cover the relationship between you and the seller

Summary:

Contributors grants Sketchfab a sublicensable license on their models, and Sketchfab then sell licenses to buyer on the Store. The purpose of this license agreement is frame the relationship between Sketchfab and buyers. The purpose of the update of our terms and conditions frames the relationship between contributors and Sketchfab (see our Terms of Use).


(Bart) #2

(Bart) #3

A post was split to a new topic: How can I publish my 3D scanning service?


(Bart) #4

March 20, 2018

With the introduction of the Download API on March 20, 2018, we made the following changes to our terms:

  • For all the contributors/users, change of the Terms of Use, article 4.2.4, which governs access to downloadable content through the download API.
  • For app developers, changes of the Sketchfab API Agreement, articles 4.5 and 4.6, which govern how you provide access to Sketchfab content through the download API.

Changes to Terms of Use

4.2.4 Download API. Users who make their User Content available to other Users under Articles 4.2.2 and 4.2.3 of these Terms acknowledge and accept that their Content (i) may be made available and (ii) can be downloaded from a third party application or website, through the download API operated by Sketchfab. For the avoidance of doubt, said Users specifically grant to Sketchfab a license over their User Content covering all use related to the development, distribution, provision, improvement and promotion of the download API operated by Sketchfab.

If you make your Sketchfab models downloadable, you agree that these models can also be downloaded through the Download API.

Users accessing and downloading User Content through the download API operated by Sketchfab shall be authenticated and it is expressly agreed that: (i) the use of the download API is governed by these Terms and each User’s plan; and (ii) the authenticated User accessing and downloading the User Content shall be responsible for complying with the terms of the license governing said User Content.

If you access Sketchfab content through the Download API, you will respect the license that this content was published under.

Changes to Sketchfab API Agreement

4.5 If you are a third party application implementing our download API, your app should clearly mention that downloadable models are provided by Sketchfab. You can find the Sketchfab logo in our Press Kit (sketchfab.com/press).

Clearly state that this content originates from Sketchfab.

4.6 The use of the Sketchfab download API requires the end user to be authenticated to the service using a Sketchfab account. If you are a third party application implementing our download API, it means the end-user must be able to log in with their Sketchfab account inside your application.

Require users to log in with their Sketchfab account before downloading, and allow them to sign in from within your app.


(Bart) #5

April 18, 2018

We made the following changes to our Terms of Use. One specific area this will be applied is the removal of links to other marketplaces.

4.5 Right to Monitor, Moderate or Remove. You agree that you bear all risks associated with your User Content. You are solely responsible for safeguarding your User Content, and Sketchfab has no duty to store copies of User Content for future availability to you or any user except as otherwise provided under this Agreement. Sketchfab does not permit the infringement of intellectual property rights on the Services, and will remove User Content from the Services if properly notified that such User Content infringes on another’s intellectual property rights. We reserve the right to remove User Content from the Services, in whole or in part, without prior notice, for any reason or for no reason at all. Without limiting our right to terminate a User pursuant to Section 8 of this Agreement, we reserve the right to terminate the account of any User of the Services who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice. We also reserve the right to decide whether User Content is appropriate and complies with this Agreement for violations other than violations of intellectual property law. This shall extend to the right of Sketchfab to edit, modify, moderate, re-format, change or otherwise remove all or part of the descriptions, comments and/or annotations that You and/or third parties add and/or make in relation to your User Content, in any manner that We may determine, whenever We deem it appropriate.


Website Change Log
(Bart) #6

May 15, 2018

We made the following addition to Section 4.3 of our Terms of Use (change in italics). This addition protects buyers by giving them the right to use any Sketchfab products they purchased royalty-free and credit-free.

4.3 User Representations. By submitting User Content, you represent and warrant that (i) you own or otherwise control all of the rights to your User Content, (ii) the use of your User Content does not violate this Agreement or the law, and will not violate any rights of or cause injury to any person or entity, and (iii) your User Content will not violate the additional content restrictions set forth in Section 5 of this Agreement and that (iv) to the greatest extent permitted by law, You hereby irrevocably and unconditionally waive any and all moral rights whatsoever, or any rights of a similar nature, in your User Content, for the benefit of or in favor of Sketchfab, including any right to be associated with your User Content (right of paternity) or any right to restrict or prevent the modification or use of your User Content in any manner whatsoever (right of integrity). To the extent You retain any such moral rights under applicable law, You hereby agree not to assert them against Sketchfab or other Sketchfab users in any manner whatsoever.


(Bart) #7

June 5, 2018

We made the following addition to Section 5. User Restrictions and Obligations:

Use of Sketchfab within advertisements or advertiser-supported content requires the license of an Enterprise account and express consent by Sketchfab for which you may contact enterprise@sketchfab.com


(Bart) #8

July 11, 2018

We have made filing a DMCA takedown notice a little easier by adding a link to a form that takes you through the entire process. Of course you can still submit a DMCA request without using the form as well.

7. Intellectual Property Claims
[…]
In the event you believe that any User Content on the Services infringes your copyright, please file a notice of infringement using this form or with our designated agent:


(Bart) #9

October 1, 2018

We have added a clarification about the intended use of our BASIC/PRO and PRO+ plans:

5. User Restrictions and Obligations
[…]
Our BASIC plan is for hobbyists and non-commercial use; our PRO plan is for individuals. Companies using our services are required to subscribe to our Premium plan or above. If your are a legal entity using Sketchfab, and your annual gross revenues or total funding exceeds US $100,000 you may not use our BASIC or PRO plans.

This text has also been added to our Plans overview page.


(Bart) #10

October 9, 2018

We added the words in bold:

4.2.1 Use by us. By using the Services, you grant Sketchfab a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers) right and license to use, reproduce, publicly display, distribute and adapt the publicly shared User Content for the purposes of developing, distributing, providing, improving, and promoting the Services, our activities and your publicly shared User Content. You further grant Sketchfab the right to use your name and trademarks, if any, in connection with our use of your publicly shared User Content.