Copyright Policy


As a member of Nspir3D, it is your responsibility to know, and adhere to the Copyright Policy.


Nspir3D adheres to the Digital Millennium Copyright Act (DMCA). We respect the intellectual property rights

of others and we require our members to do the same. Nspir3D members remain the original copyright

owner in all material (software and content) provided on our website. Use of the material in a manner which

is inconsistent with the terms and conditions set forth herein is strictly prohibited.


Do not post, use, give away or sell any item that is not 100% your own unless you have a license to use and

permission to re-distribute if letting others use it or you are re-selling. Violators may be banned.

Do not use items found on the Internet. Many items may state free to use, commercial use or even royaltyfree,

but that does not guarantee the proper permissions to redistribute (selling or giving away). The terms

commercial use, free to use, and royalty-free often mean something different than a right to re-distribute,

which is needed before selling or giving it away. Also, there is not a good way to verify that the person

making the Internet file available is even the original copyright holder. There is a huge risk of using files

found on the Internet.


Nspir3D provides an open, global Marketplace structure for 2d and 3d CG artists to post their work for sale,

and we expect members to treat each other with respect, even during possible copyright violations. Nspir3D

vendors agree at sign-up and at each product upload that their creations do not infringe on anyone’s

Intellectual Property rights. The vendors are solely responsible for all items they upload for sale. Nspir3D

requires vendors to get re-sell permission before offering any item for sale that uses a copyrightable item or

a Trademark, (that includes, but is not limited to, the advertising images, banners, articles, sales

descriptions, title, read me, and license). Proof of right to use may be requested if a copyright or Trademark

is used in a product. Vendors are required to keep the written permission, and document their products with

as much detail of exactly what was used, from where and what specific areas of the product(s) it was used

on.


Bondware and its designated copyright agents will act on behalf of the Vendors for filing DMCA claims for

illegal product distribution at other sites, and file cease and desist letters with sites that do not comply with

DMCA claims. Even though Nspir3D will do this on vendors’ behalves, we still encourage vendors to file their

own claims in order to help get the files removed more quickly.


Anytime anyone sees a site that appears to be distributing Nspir3D products illegally, please notify

copyrights@Nspir3D.com with as much information as possible. The information needed should include the

web links to the illegal file(s) and the Nspir3D product link(s), product title or products’ vendor name that is

being illegally distributed. It can be hard to file claims if we have to hunt down all the links and Nspir3D

products to prove illegal distribution, because that proof is required in order for us to file a claim.

Nspir3D's Policy Concerning Claims of Copyright Infringement

Due to the volume of items uploaded daily to the Marketplace, Nspir3D may only review official claims from

valid copyright and Trademark owners or their designated agents.


Copyright Notification - Official Notification of Claim of Infringement


Response to Claim - Official Communication of Response to Claim of Infringement


Both parties must attempt in good faith to resolve the problem themselves.


Please send an email to Copyrights@nspir3d.com to formally communicate a claim of alleged copyright

infringement. Please set forth in detail your claim to the exclusive ownership of the intellectual property in

question. Also, please set forth in detail the specific reasons why you believe the product in question

infringes your intellectual property rights by giving the Product name and link that is being infringed upon,

the product name and link of the accused Product, your vendor name and the accused's vendor name. 


Prior to making a claim, please attempt to resolve the problem directly with the artist in question. Please review

the US Copyright Laws, the DMCA and the Nspir3D Copyright FAQ.


Based on the DMCA, upon receiving a Copyright notification of an alleged copyright infringement claim,

Nspir3D may suspend the availability of the challenged product in The Marketplace and suspend any

payment otherwise due the vendor of the challenged product. Products with alleged copyright infringements

are usually suspended within 2 business days of receipt of the Copyright Notification.

Nspir3D will send an email communicating the claim to the complaining party and to the vendor of the

challenged product. The vendor of the challenged product shall have ten (10) days thereafter to provide

Nspir3D and the complaining party with their Response to Claim. The Response to Claim should set forth in

detail every reason why the challenged product does not infringe the intellectual property rights of the

complaining party.


The Response to Claim should be communicated by email to copyrights@Nspir3D.com. If no Response to

Claim is communicated by the vendor of the challenged product within the ten (10) day period set forth

above, Nspir3D will have the right to delete the product from The Marketplace and to withhold any payment

otherwise due the vendor of the challenged product. Nspir3D will review all information to determine if the

vendor of the challenged product is to be warned, vendor status removed, or Nspir3D account banned. If a

Response to Claim is made, the Response to Claim will be communicated to the complaining party, and a

designated agent for Nspir3D will examine the challenged product, the Copyright Notification and the

Response to Claim. The Nspir3D agent has no legal authority to determine infringement or non-infringement.

Rather, the Nspir3D agent will examine the challenged product in a good faith effort to determine whether or

not there are reasonable grounds to believe that the complaining party owns a valid copyright and that the

challenged product may infringe the intellectual property rights and should therefore be removed from the

Marketplace.


If Nspir3D's agent does not find reasonable grounds to believe that a copyright infringement may have

occurred, the parties will be notified by email. Depending on the circumstances, the product may be

resubmitted to The Marketplace, or may not be resubmitted at the sole discretion of Nspir3D.

If Nspir3D’s agent find the concern ‘Inconclusive,’ the item(s) in question may or may not be reactivated into

the Marketplace, and buyers may or may not be notified and/or refunded. The staff’s decision depends on

the specifics of each case. Nspir3D will work with the copyright holder and accused the infringer to try to

resolve in the best interest of the buyers, and the vendors involved.


If Nspir3D's agent finds that there are reasonable grounds to believe that the challenged product may

infringe the copyright of the complaining party, both parties will be notified by email, and the challenged

product will be deleted from The Marketplace. Nspir3D shall have the right to impose a $25 hourly

administrative fee for the administrative time needed to resolve copyright issues. Nspir3D shall have the

right to withhold any payment otherwise due the vendor of the challenged product and used for any possible

refunds and administrative fees. Vendors agreed upon upload to indemnify and hold harmless Nspir3D from

and against any and all claims and expenses, including 100% of all refund costs and attorney's fees, if there

is a breach of the upload terms and/or ownership statement. Nspir3D will review all information to determine

if the vendor of the challenged product is to be warned, vendor status removed or Nspir3D account banned.

It is in the best interest of both parties to try to resolve the dispute among themselves. If at any time during

this procedure the parties reach an agreement (such as item being modified to satisfy the copyright holder, a

percentage slip, or monetary payment agreement), Nspir3D will work with the parties to facilitate the fastest

resolve. Nspir3D will help with communications if needed.


If a Marketplace tester finds a copyright concern during the testing process, the vendor will be notified and

depending on the severity of the concern, the vendor may be asked to change the product, the product may

be removed and the vendor may be warned so that the warning counts as their first copyright offense. The

vendor may be put on a probation period, and other items currently in Marketplace may be removed or

reviewed more thoroughly for possible copyright infringements making testing take longer. Any additional

copyright concerns found may be considered second offense depending on the situation.

Nspir3D reserves the right to remove a vendor's store or products in The Marketplace, and disable member

accounts at its sole discretion. Allegations of infringement and/or uncooperative communications may form

the basis for such removal and/or disabling. Nspir3D welcomes respectful communications from all parties

concerning the products available in The MarketPlace and the procedures by which Nspir3D seeks to protect

the intellectual property rights of everyone.


Nspir3D's Process for Repeat Infringers


1st Offense: Each copyright claim is handled individually. Many times vendors are given a second chance

when the infringement appears to be minor and/or believed to be accidental. Depending on the

circumstances, the vendor may be allowed to update the item in question and may be put on a 30 day

probation period. The probation could include withholding payment for a month (to cover refunds of a

questionable item), signed upload agreement and copyright policy to be filed in vendor's file at the Nspir3D

office, longer testing time for new products so staff can review them for copyright concerns, and

administrative fees. Nspir3D may choose to remove the vendor's store if infringement appears severe and /

or intentional. Buyers may be notified by email from a Nspir3D Admin that an item has copyright concerns

and may be offered an update and/or a refund by in-store credit.


2nd Offense: Nspir3D may remove the vendors store, may ban their account and/or notify buyers of the

copyright concern and offer a refund by in-store credit. Any payment due the vendor may be forfeited and

used for refunds and Nspir3D's administrative cost for the item(s) sales, testing and refunds.

Nspir3D's Policy Concerning False Claims

Repeated copyright notification claims submitted by the same member that are determined to have no

reasonable grounds for copyright claims may receive a Terms of Service violation warning and/or disabling of

members account.


Nspir3D's Policy Concerning Trademark Claims of Infringement

Please email copyrights@Nspir3D.com to officially communicate a potential trademark infringement claim.

Proof of Trademark has to be added to the official notice.

Upon receiving an official Notification communication via email or fax, Nspir3D may remove the product in

question from the Marketplace. Nspir3D usually removes items in question within 2 business day. Our

business days are Monday - Friday.

Emails will be sent to both parties confirming the product's removal from the Marketplace.

Copyright Notification - Official Notification of Claim of Infringement

To file a formal copyright infringement please send a DMCA notice with all of the information below to

copyrights@Nspir3D.com.


Nspir3D Member Name

Real Name

Street address, City, State, ZIP and Country

Exact product name being infringed upon

Exact product name that is violating your copyright

In-Depth information on exactly what is being violated (if area of a texture or model, like hands, feet, head,

etc).

Comparison images are requested, if possible.


A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright

owner, its agent or the law.


A statement by you, made under penalty of perjury, that the above information in your notice is accurate

and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Note Due to the volume of items uploaded daily to the Marketplace, Nspir3D may only review official claims

from valid copyright and Trademark owners or their designated agents.


Response to Claim - Official Communication of Response to Claim of Infringement


To respond to a formal copyright infringement please send **all** of the following information to

[copyrights@Nspir3D.com](mailto:copyrights@Nspir3D.com).


Nspir3D Member Name

Real Name

Street address, City, State, ZIP and Country


A description of how the specific files of the product in question were created - please elaborate on methods

and software used to develop the specific items. Nspir3D may request original source files as needed.


A statement by you, made under penalty of perjury, that the above information in your notice is accurate

and that you are the copyright owner or authorized to act on the copyright owner's behalf.


Last updated: Tuesday, August 7th, 2018

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