Terms and conditions
By using or accessing REALITYMAX.COM, you agree to this Statement.
1.- ABOUT REALITY MAX
WWW.REALITYMAX.COM is a website that allows you to upload 2D and 3D files to our Platform, create a 3D scene, and modify it on site. You can invite other Users to collaborate with you in real time. The website also hosts different models and textures for you to use in your scene. Those are provided by us or by other users, who upload them and make them available for everyone.
Once the scene is ready, you will be able to save it in your library and publish it and share it. You can choose whether you want to make your creations public or not, as you can make it accessible only to the ones who have a link or password to your scene. Created models or scenes may not be downloaded.
WWW.REALITYMAX.COM is owned by ATOMIC PIXELS, S.L., as stated in the legal notice and the privacy policy.
2.- DEFINITIONS
By “REALITYMAX.COM”, “REALITY MAX” or “US” we mean www.realitymax.com and all the features and services we make available for users, including through
(a) our website at https://realitymax.com and any other REALITY MAX branded or co-branded sites (including sub-domains, international versions, widgets, and mobile versions);
(b) our Platform or App; and
(c) other media, software, devices, or networks now existing or later developed.
By “REALITY MAX CONTENT” or “OUR CONTENT”, we mean any file, model, media, scene, texture, etc. offered by us to the users.
By “USER”, we mean any individual who uses the Platform different from us.
By “USER CONTENT,” we mean any file, model, media, scene, texture, etc. uploaded or created by a user using our Platform, unless otherwise stated.
3. – PRIVACY
Your privacy is essential to us.
We designed our Privacy Policy to make important disclosures about how you can use REALITY MAX and how we collect and process your content, information and data. We encourage you to read our Privacy Policy and to use it in order to make informed decisions.
As part of the contractual service, ATOMIC PIXELS, S.L. and their service providers collect, store and process personal data in conformity with current data protection rules, in particular, EU (GDPR) and USA (CCPA) laws.
Data shall only be transferred to third parties if that is necessary for the provision of services or if such data transfer is under a legal obligation.
The user agrees with the collection, storage, and transfer of their data under our separate Privacy Policy.
Therefore, by using our website and using it, you consent to have your personal data transferred to and processed in any country of the world.
4. – PLATFORM USE
In order to use the REALITY MAX PLATFORM, we grant the User a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to use our Platform, as it is provided to the User by us, only as set forth in this Agreement.
Unless it is expressly allowed in this Agreement, you, as a User, may not reproduce, distribute, adapt, modify, create derivative works from, publish or otherwise use any portion of the Platform or Our Content for any purpose without express prior written permission from us or the applicable rights holder.
Any commercial exploitation of Our Content without prior written permission from us or the applicable rights holder is strictly prohibited.
5. – CONTENT OWNERSHIP
We only claim the ownership of Our Content, which is previously uploaded by us to the Platform so the Users can use it in their projects, scenes or creations. Our Content is protected by International Intellectual and Industrial Property legislation as well as by Andorra’s regulation.
We do not claim ownership of any User Content, which belongs to the creator or creators, if it’s the result of a collaborative work. The creator is responsible for the created user content and it must comply with these Terms.
For User Content that is covered by intellectual property rights, like files, data, images, models, products, etc., you, as a User, explicitly grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content that you upload or create on our Platform or in connection with REALITY MAX. This license will allow us to keep your creations in your Library and publish them following your preferences.
This license ends when you delete your content or your account, unless your content has been shared with others, or in the case someone has downloaded it, which would imply a breach of these Terms and Conditions.
When you delete IP content from your Library, it is deleted, like emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period (but will not be available to others).
If a User wishes to upload to the Platform any model, texture or file to make it accessible for the rest of the Users, the User grant us an irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license. Also, the User refuses to claim any compensation for the use of the uploaded materials and understands that every other User will be able to use it in their creations, projects or scenes.
On the other hand, by hiring the services offered by REALITY MAX, you, as a user, hereby authorize ATOMIC PIXELS, S.L. to use and display your logo or brand, including that of the company you represent, on our website, marketing materials, and social media platforms. This usage is purely representative and does not imply any formal association between the two entities. However, you can revoke this authorization at any time by providing an explicit statement to the contrary, which can be communicated through any available contact channels.
6. – REGISTRATION AND ACCOUNT SECURITY
By using this Site, you represent, acknowledge, and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 14 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms.
If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless the Company if the Minor breaches any of these Terms. If you are not at least 14 years old, you may not use the Site at any time or in any manner or submit any information to the Company or the Site.
REALITY MAX users provide their real names and information, and we need your help to keep it that way.
Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on REALITY MAX or create an account for anyone other than yourself or the company you work for without permission.
- If we deactivate your account, you will not create another one without our permission.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
If you select a username for your account, we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
Use of REALITY MAX by schools and educational institutions with students under the age of 14:
In the event that a school or educational institution intends to use REALITY MAX with children under the age of 14, they are urged to ensure that no children under that age register or enter their personal data into any registration forms within the Website.
It is the sole responsibility of the school or educational institution to ensure that all relevant legal provisions and regulations, including the GDPR, are complied with in relation to the data protection of children under the age of 14 using our platform. We do not accept the collection of personal data from children under the age of 14 without the verifiable consent of their parents or legal guardians.
By using our platform with children under the age of 14, the school or educational institution agrees to indemnify and hold our company harmless for any violations of the GDPR or other data protection laws arising as a result of the use of the platform by children under the age of 14.
If you are a registered user as a school or educational institution and you have questions about how to comply with the provisions of the three preceding paragraphs, you can contact us at legals@realitymax.com.
7. – SAFETY
We do our best to keep REALITY MAX safe, but we cannot guarantee it.
We need your help to do that, which includes the following commitments:
You will only collaborate in other user’s projects in good faith, and will not modify or delete other user’s projects without their permission or against their instructions.
You will not use REALITY MAX to upload or create anything unlawful, misleading, malicious, or discriminatory.
You will not upload or create content that is hateful, threatening, or pornographic; incites violence or contains nudity, graphic or gratuitous violence.
You will not use REALITY MAX to upload or create anything that is protected by Intellectual or Industrial Protection Rights.
You will not upload viruses or other malicious code.
You will not bully, intimidate, or harass any user.
You will not do anything that could disable, overburden, or impair the proper working of REALITY MAX’s website, such as a service attack.
You will not facilitate or encourage any violations of this Statement.
8. – BILLING, PAYMENT AND OTHER SUBSCRIPTIONS
Users of paid services will be charged the fees corresponding to their subscriptions or resulting from agreements made with REALITY MAX, which will be set forth in a written document signed by REALITY MAX and the user in question.
By contracting a paid service, you agree to pay the fees established for the chosen plan, on a monthly or annual basis, or as agreed upon, by credit card or any other means of payment accepted by our website.
In the event that you, as a user, exceed the limits of your contracted plan, you agree that you may be charged additional fees.
In addition, REALITY MAX reserves the right to update or alter the prices of services and subscriptions, should they change, and to introduce new costs for new services offered.
Unless otherwise agreed, these changes will be effective on the day of renewal of the subscription period.
IF YOU ARE A USER RESIDENT IN THE EUROPEAN UNION, YOU ARE GUARANTEED THE RIGHT TO WITHDRAW FROM ANY CHARGE OR PURCHASE MADE IN RELATION TO DIGITAL CONTENT PURCHASED WITHOUT ANY OBLIGATION TO ASSUME ANY ADDITIONAL COST AND WITHOUT THE NEED TO ALLEGE ANY REASON OR MOTIVE FOR A PERIOD OF 14 CALENDAR DAYS.
AFTER THESE 14 DAYS, YOU WILL NOT BE ABLE TO WITHDRAW FROM THE TRANSACTIONS MADE NOR WILL YOU BE ENTITLED TO OBTAIN ANY REFUND IF THE CONTENT OR SERVICE HAS ACTUALLY STARTED TO BE PROVIDED. IN THIS CASE, THE TRANSACTION IS FINAL. THE CONTENT OR SERVICE WILL BE DEEMED TO HAVE BEGUN TO BE PROVIDED WHEN IT HAS BEEN EFFECTIVELY ADDED TO YOUR ACCOUNT, INVENTORY OR IS OTHERWISE ACCESSIBLE FOR DOWNLOAD OR USE.
ANY CHARGES OR FEES YOU HAVE INCURRED WITH DIGITAL-LINK HAVE A 7-DAY REFUND PERIOD, AFTER WHICH NO REFUND WILL BE POSSIBLE REGARDLESS OF THE METHOD OF PAYMENT, SUBJECT TO THE PROVISIONS BELOW. IN ANY CASE, ANY COSTS OR CHARGES ARISING FROM OR RELATED TO THE RETURN WILL BE BORNE BY THE USER REQUESTING THE RETURN.
REQUEST TO CANCEL YOUR SUBSCRIPTION: You may request cancellation of your subscription at any time.
The cancellation will take place at the end of the paid period or, if applicable, at the end of the free trial period. In the case of free subscriptions, the cancellation will take place 7 days after receipt of the request.
In all these cases, in order for the cancellation to take place, you must provide a brief explanation of the reasons why you want to cancel your subscription, your billing information (name, transaction identifier, last 4 digits of the card associated with the account, billing date, etc.), as well as your email address and other information necessary to verify your identity and information.
REALITY MAX reserves the right to refuse requests for refunds of recurring payment amounts not accompanied by account cancellation or for other specific reasons on a case-by-case basis.
9. – PROTECTING OTHER PEOPLE’S RIGHTS
We respect other people’s rights and expect you to do the same.
You will not post content or take any action on REALITY MAX that infringes or violates someone else’s rights or otherwise violates the law.
We can remove any content or information you post on REALITY MAX if we believe that it violates this Statement.
If you believe that your intellectual property rights are being infringed, please contact us at legals@realitymax.com.
If we remove your content for infringing someone else’s intellectual property rights, and you believe we removed it by mistake, we will provide you with an opportunity to appeal by sending us an email to legals@realitymax.com.
If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or trademarks (i.e., REALITY MAX Logos), or any confusingly similar marks, without our written permission.
10. – DISPUTES
You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to this Statement or REALITY MAX exclusively in a court located in the Andorra. The laws of Andorra will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Andorra for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information that is reachable through REALITY MAX, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
We try to keep REALITY MAX up, bug-free, and safe, but you use it at your own risk. We are providing REALITY MAX “as is” without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We cannot and do not guarantee that REALITY MAX will be safe or secure.
REALITY MAX is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this Statement or REALITY MAX, even if we have been advised of the possibility of such damages.
In case of a refund request of a Premium module, it will proceed if there is a proper issue such as the system doesn’t work, there are functionalities that don’t work, or the customer decides that the system is not suitable to their needs. The refund must be requested before 24 hours since the registration or payment.
11. – WORLDWIDE VISION
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws.
Therefore, our aim is always to be compliant with different legislations, such as the European GDPR, or American CCPA, CDPA and DMCA.
Consequently, you understand and agree that we and our service providers may process your data on servers and equipment located in any country where we or they operate. By using the REALITY MAX, you agree to the transfer of your data to locations that may be outside your country of residence, including the United States. You acknowledge and agree that, as a condition of providing REALITY MAX with your data, we can legally transfer it to other countries like the United States for the purposes contemplated under this Agreement.
12. – OTHER
This Statement makes up the entire agreement between the parties regarding REALITY MAX and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third-party beneficiary rights.
This Statement may be updated. The new effects produced by the modification will be binding once it is published on the web.
13. – FEEDBACK
We always appreciate your feedback or other suggestions about REALITY MAX. Still, you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
If you wish to give us feedback or any suggestions, you may contact us at support@realitymax.com