Terms

REGULATIONS OF THE VRAYSCHOOL STORE

Art. I. General provisions

This Regulations define terms and conditions of provisions of electronic sales by VRaySchool of VRaySchool Products and was made available to Consumers in the electronic form before the conclusion of the Transaction, on VRaySchool website.

§1 Glossary of terms:

1. VRaySchool – VRaySchool, civil partnership, with the registered office in Miami (Florida), at 210 174th st, Sunny Isles, Miami – FL.
2. Consumer – a physical person, concluding this Agreement only for purposes other than related directly with his business or professional activity.
3. Entrepreneur – a physical person, a legal person and organisational unit which is not a legal person, but is granted the legal capacity on the basis of the separate law – performing business activity on its own behalf as per the provisions on the legal act on freedom of economic activity dated 2 July 2004 (Journal of Laws No 173, item 1807 with further amendments).
4. Transactions – procedure of entering into sales agreements for the Products between VRaySchool and the User.
5. User – is a Consumer, or an Entrepreneur making Transactions.
6. Licence for VRaySchool Products – license, under which, Consumer as a Licensee acquires from VRaySchool as a Licensor the right to use the VRaySchool Products for commercial and personal purposes, excluding the possibility of their further resell, giving, whether for remuneration or not sublicense, share or distribute.
7. VRaySchool Products – digital files which consist of:

1. Collection of 2D files – digital files in 2D format,
2. Collection of 3D files – digital files in 3D format,
3. VRayModels – collection of the files which make the editable 3D models destined for the use in 3D scenes, for example, trees, furniture, toys, household appliances,
4. VRayInteriors – editable scenes from the interiors built from blocks of 3D models, for example, the interior of the stores, lofts, apartments, production floor, kitchen lay-out,
5. VRayExteriors– editable scenes of open space built from blocks of 3D models, for example, a park, a street, buildings,
6. HD models– collection of 3D models of high resolution, with much bigger density of construction grid and bigger number of details,
7. 3DPeople – collection of 3D models in form of people used in the scenes,
8. Textures – files in form of photos which are used for editing and giving a certain external appearance to 3D model
9. HDRI – files recorded in 2D format in a form of photos,
10. Landscapes– the collection of photos which is used for creating the background in graphic designs,
11. VRayShaders– files of certain texture, imitating the given material, enabling to give external appearance to the 3D block,
12. Tutorials – computer presentation in a form of video file, or in a form of text combined with pictures and films illustrating 2D and 3D files, enabling the “step by step” approach to learning of making a given activity,
13. Render – non-editable files from the scenes with models, appearing in a form of photos,
14. Videos – video files presenting both 2D and 3D models,

8. VRaySchool Store – a separate form of the VRaySchool Portal part where the User can make a purchase of the VRaySchool Products,
9. VRaySchool Portal – internet website maintained by VRaySchool in English, through which the Transactions are made and other services related to the Transactions are rendered, maintained by VRaySchool in the domain vrayschool.com.,
10. Registered User – a User who has an account on the VRaySchool portal,
11. Unregistered User – a User who does not have an account on the VRaySchool portal,
12. Account – an account maintained for the User by VRaySchool under unique name (login), which is a collection of resources where the User’s data and information about the User’s activities are stored and where the Products purchased by the User are made available,
13. Seller – VRaySchool offering the Products for sale in the VRaySchool store,
14. Registration – procedure for opening an Account,
15. Basket – the VRaySchool Products chosen by the potential Customer as products for which it consideres the acquisition of licence, which tafter clicking the relevant key, were added to the Basket. The Potential Customer can, at any time, translate the data from the Basket into the order. Before making a transaction, the Potential Customer can, at any time, delete the Products from the Basket.
16. VPP – the VRaySchool Partner Programme,
17. Regulations – these Regulations,
18. Reseller – entity reselling the VRaySchool Products,

§2 Terms and conditions of participation on the VRaySchool Portal

1. The User can make a registration of the Account on the VRaySchool Portal. The Account can also be registered through application using the user’s data from portal www.facebook.com , or through Google+ application.
2. The User can make registration in person, or through a person who is authorised to undertake different activities related to the Registration on behalf of the User.
3. The User, or the authorised person shall fill out the registration form for the purpose of Account Registration, which is available on the VRaySchool Portal in bookmark named “Registration”, by giving the name under which the User will identify himself (this is, login) and password and also the User shall give: name and surname, e-mail address, full name of the registered entity (this is, business name) and its registered office, address for correspondence, contact phone number.
4. After filling out the registration form the message is sent to the e-mail address given in this form, confirming the Registration. At any time the User can edit the User’s data, or delete the opened Account. (The Account can be deleted by the administrator of the service upon the request of the user sent by the contact form on website www.vrayschool.com).
5. After successful registration of the Account, VRaySchool creates an Account assigned to the User’s login.
6. The User who made the Registration of the Account can join the VRaySchool Partner Programme and collect points for the User’s orders. The User is entitled to receive a reward for collecting a certain number of points. The terms and conditions of participation in VPP are set out in detail in Art. II §5 of the Regulations.
7. The User gets access to the Account by entering login and password.
8. The User’s Account contains the data given during Registration. In case of later changes of the User’s data, the User shall enter the changed data immediately.
9. The Registered User can have no more than one Account.
10. The Registered User has one Account for all orders of VRaySchool Products.
11. The User shall not use other Users’ accounts, or make the User’s Account available for other persons except for the authorised persons
12. The User shall keep secret the password to the User’s Account.
13. Any use of the Account to the detriment of VRaySchool and its partners, or other Users is forbidden.
14. The Registered/Unregistered User can order a newsletter by e-mail. The Registered/Unregistered User can cancel it at any time.
15. If the User breaches the provisions of these Regulations, VRaySchool can, in addition to all other rights and legal measures it is entitled to under these Regulations and under the prevailing legal rules, block the Account.

§3 Technical conditions for the use of VRaySchool Portal

1. In order to use the functions of the VRaySchool Portal correctly and to the fullest extent possible, the User shall have:

1. a device with access to internet.
2. internet search engine of XHTML 1.0 standard, or higher, or software of similar parameters.

2. The use of all the functions of VRaySchool Portal can be conditioned by the installation of Java, or Java Script software and the acceptance of cookies files.

§4 Rules for posting entries on VRaySchool Portal

1.Registered User can make entries on the Forum of VRaySchool Portal.

2.The User is obliged to familiarize with all of the changes of the Regulations and abide its provisions.

3.VRaySchool stipulates that will not store or display any content containing vulgar content, encouraging to racial, religious and ethnic hatred, or content propagating violence, or the totalitarian political system.

4. It is forbidden to publish, in particular:

1. vulgarisms,
2. advertisements,
3. messages conveying hidden promotional content,
4. references (links) to other internet websites,
5. press releases or messages coming from information agencies and the alike,
6. texts originated by the third parties, considered as a work within the meaning of the legal act dated 4 February 1994 on copyrights and the related rights (Journal of Laws dated 2006 No 90, item 631 as amended) unless the publication is within the quotation.
7. content incompliant with the law, in particular content which infringes the copyrights of the third parties,
8. content which infringes the third parties’ personal rights, including the politicians’ rights,
9. pornographic content,

5. The user posts an entry at the User’s own risk.

6. VRaySchool does not bear any responsibility for the content posted by the User.

7. Everyone who has the knowledge that the content posted by the User is incompliant with the law, or with the provisions of these Regulations can and should inform VRaySchool by electronic mail about such incident as well as about the site where such content is displayed.

8. VRaySchool has the right to control the content of the entries and comments and their modification, as well as their disposal in the event of gross non-compliance with the rules of the Regulations.

Art. II. Sale of VRaySchool Products

§1 Subject of Sale

1. The subject of the sale is the licence for VRaySchool Products which are described in detail in art. 1 §1 point 6 of these Regulations.

2. VRaySchool provides the VRaySchool Products only in the extend and under the conditions described in the Regulations and in accordance with the contents of the licence agreements.

3. VRaySchool is not required, in particular to develop or adapt the system to individual User needs, access to source code, adapt of User’s system or software to the needs of cooperation with the VRaySchool Products, to provide any consulting or advisory services to the User or to provide access to Internet for the User.

4. The User is obliged to secure, its own and at his own cost, hardware and software and access to the Internet network to allow the use of VRaySchool Products.

§2 Sales Transaction

1. The sale of VRaySchool Products is conducted via VRaySchool Store, or through the Resellers. The Complete list of Resellers represents enclosure No 1 to these Regulations.

2. Concluding the Areement through the VRaySchool Store occurs by placing an order on the website of VRaySchool Store. Conclusion of the agreement and its provisions are confirmed by the Client immediately

3. For placing and order with the VRaySchool Store it is not required to make the Registration of the Account. The User can place an order as an Unregistered User

4. When placing an order the Unregistered User shall give the following information: name and surname, e-mail address, full name of the entity (namely, business name) and address of the registered office, contact address, contact phone number.

5. In order to place an order the Unregistered User after choosing a given VRaySchool Product and after accepting the Licence, clicks “Checkout” bookmark. Then, the User fills out the required fields and chooses the method of payment.

6. After logging in the Registered User places an order by adding a given VRaySchool Product to the Basket an clicks the “Checkout” bookmark. When logging in the Registered User does not have to give again the User’s data since the data is saved in the system and they appear on the form automatically. The only information which shall be given is the method of payment and the type of delivery.

7. After giving the required information the order shall be confirmed by clicking “order with obligation of payment” bookmark and then the screen will appear showing the confirmation of order placing, the number of the order ect.. At the same time the User also receives the order acknowledgment by mail.

8. The purchased VRaySchool Product which is available in download version after making the payment will stay in the Account within the time set out in §2 section 7 of the Regulations.

9. Automatically after making the payment by the User, but not later than within maximum 3 days from recording the payment of the given fee for the purchase of the VRaySchool Product, VRaySchool shall hand over the VRaySchool Product to the User. If no payment is received by VRaySchool within fixed period of time, the agreement is considered not to be concluded.

10. VRaySchool does not convey any copyrights.

§3 Payment Policy

1. All the prices quoted in VRaySchool Store are net prices, denominated in DOLLAR currency, this is $. It is possible to calculate the price into other currency automatically after clicking the currency selection bookmark.

2. The VRaySchool Products purchased by the User, which are available in download version.

3. Before making a purchase the total price of purchased VRaySchool Products including all taxes is shown to the User.

4. The payments can be made by the User via PayPal site, or by transfer directly to VRaySchool bank account.

5. In case of transfer payments effected directly to VRaySchool bank account made by the Users which are Entrepreneurs a handling fee of $5 is added to the remuneration as an operating fee.

10. The purchased VRaySchool Product is automatically available after making payment by the User and recording the received payment by VRaySchool.

§4 The rights of the Registered User

1. The Registered User is entitled to take part in the VRaySchool Partner Programme.

2. After making the sales transaction the Registered User does not expect to receive the e-mail message with the password. To make a sales transaction or download the files the User uses the same login and password.

3. The Registered User has one Account for all the orders.

4. At any time the Registered User can delete or edit the User’s Account.

§5 Terms and conditions of participation in the VRaySchool Partner Programme (VPP)

1. The edition of the VRaySchool Partner Programme is indefinite and covers the period starting from 1 June 2011..

2. VRaySchool reserves the right to end the edition of VPP and to change the terms and conditions of participation in VPP. Such information will be conveyed to the Registered Users by e-mail. The information will also be displayed on VRaySchool Portal. Users participating in EPP would be informed about its ending with at least 30 days prior notice.

3. The Registered User shall have the right within 30 days from informing him about the ending of VPP edition, to make use of the collected points. After the expiration of such period, the points become invalid.

4. The Programme covers sales transactions of the VRaySchool Products from the beginning to the end of the VPP Programme.

5. Only Registered Users can participate in VPP Programme.

6. During VPP Programme the Registered User can collect Points connected with the purchase of the VRaySchool Products. The points are calculated automatically.

7. VPP stipulates that the Points are collected in one account of the Registered User.

8. It is not permitted to add up points gathered in several accounts of the Registered Users.

9. The basis for the allocation of the Points is:

a) making the purchase of the VRaySchool Product – 1 point for $1,

b) recommending another person to open the Account on the VRaySchool Portal – 50 points if this person makes a transaction of the VRaySchool Product at the price of at least $50,

c) having an interest in VRaySchool fanpage at www.facebook.com – 50 points,

d) placing one’s project on forum and then placing on the main page of the VRaySchool Portal by the administrator – 20 points

e) filling out the questionnaire on the VRaySchool Portal – 50 points

10. The Registered User has the possibility of checking the balance of the collected Points by logging in to the User’s own account.

11. The Registered User will be rewarded with the prize in exchange for certain number of points in a form of one VRaySchool Product from the catalogue of prizes.

12. The catalogue of prizes is placed on the VRaySchool Portal and is subject to changes. The prize is selected at the Registered User’s choice.

13. The Points cannot be converted into cash, nor can they be used as a payment for the VRaySchool Products.

14. The prizes can be collected only when doing the shopping in the store when there is at least one collection in the basket.

§6 Delivery of the VRaySchool Products

1. The purchased VRaySchool Products are available in download version.

2. The downloading of the VRaySchool Products which are available in download version is made by using the “CustomerZone” bookmark.

3. After making the purchase of the VRaySchool Products, the Unregistered User receives the link with the password to download the purchased product. The Registered Users use their own password and login.

4. Each VRaySchool Product available in “Dashboard” bookmark can be downloaded for 5 times.

5. In case of inability to download within 5 times the User shall contact VRaySchool.

§7 Guarantee, warranty and return of the goods

1. All the VRaySchool Products are new, free of physical and legal defects.

2. VRaySchool liability is excluded to the fullest extent permitted by mandatory law.

3. Unless mandatory law provides otherwise, the total and complete responsibility for the sale of the VRaySchool Products, VRaySchool, including total liability for any damage caused to the User who is an entrepreneur, including damage caused by failure to perform or improper performance of this Agreement is limited to the value of the purchased VRaySchool Products which connects this responsibility. Any liability, including damage caused by failure to perform or improper performance of the Agreement is limited to the value of the purchased VRaySchool Products which connects this responsibility toward the User who is a consumer shall not exceed the actual damages suffered by him.

4. The customer is entitled to file complaints regarding the sale of Products

5. The complaint should be delivered to VRaySchool via e-mail or otherwise delivered to the VRaySchool premises eg. by courier or by registered mail.

6. Claims will be processed in the order they are received by VRaySchool.

7. VRaySchool would consider the complaint within 14 days (according to US law) from the date of receipt of the complaint. Immediately after considering the complaint VRaySchool will provide the User with the answers on the complaint. The answer will be sent in the same form in which it was received by VRaySchool.

8. VRaySchool is liable to the User who is a Consumer for non-compliance of purchased VRaySchool Products with this Agreement under the terms of the Act of 30 May 2014. About consumer rights.

9. Provisions for warranty for defects of the things do not apply to purchases made by entities conducting business or professional activity within and on the needs of the business.

10. The Client who is a trader and a consumer does not have the right to withdraw or abandon the Transaction after the order on the website of VRaySchool. The Consumer is not entitled to withdraw under Art. 27 of the Act of 30 May 2014. About consumer rights in accordance with the fact that the Transaction relates to the digital content that is not stored on the carrier material and the performance has begun with the express consent of the Consumer before the deadline to withdraw from the contract which the consumer was informed and agreed to by accepting the Regulations.

Art. III. Final Provisions

§1 Privacy Policy

1. When placing an order the Unregistered User agrees conscientiously on the processing and use of the personal data for the purpose of order execution.

2. When registering the account the Registered User agrees conscientiously on the processing and use of the personal data for the purpose of order execution as well as for the execution of VPP.

3. 3. The administrator of personal data being processed is VRaySchool. Personal data shall not be processed or used for any purpose other than that specified in paragraph 1 above.

4. The personal data stored in the database of the VRaySchool Store are processed only for the purpose of suiting its needs and are made available to other entities related to VRaySchool.

5. The personal data are collected with due diligence and are properly protected against the unauthorised access as per the legal act dated 29 August 1997 on the protection of personal data (Journal of Laws dated 1997 No 133 item 883 as amended).

6. The User can inspect his personal data, correct them and request to cease the making use of them.

§2 Cookies policy

1. Cookies files are computer data, in particular, text files which are stored on the final device of the service User and used for viewing the internet websites.

2. Cookies usually contain the name of the internet site which they originate from, the time of storing them on the final device and the unique number. Cookies files are used for:

– adjusting the content of the websites of the Service to the User’s preferences and optimising the website usage; in particular, these files help to identify the device of the service user and display the website respectively, suited to the User’s own needs;

– maintaining the service user’s session (after logging in) thanks to which the user does not have to log in and give the User’s password again on each service subpage.

3. There are two kinds of cookies used within the service: “session” (session cookies) and “permanent” (persistent cookies). The first kind of cookies are temporary cookies which are stored on the final device of the user by the time the user has logged out, left the internet site, or disconnected the software (internet browser). “Permanent” cookies files are files stored on the final device for the time defined in the parameters of the cookies files, or by the time of their manual deletion by the user.

4. The standard software used for browsing internet sites (internet search engine) permits the storage of cookies files on the final device of the user by default settings. The User can change the settings of the internet browser so that to block the automatic handling of cookies files, or inform about their display on the device.

5. The detailed information on the possibility and ways of handling cookies files is available in the settings of the software (internet browser).

6. The exclusion of the cookies files application may result in improper operations of certain functions, or services available on the internet site.

§3 Changes of the Regulations

1. VRaySchool can change the provisions of these Regulations. The change becomes effective as from the date indicated by VRaySchool, however, this term cannot be shorter than 7 days from the moment of making available the changed Regulations on the VRaySchool Portal.

2. The User shall be informed respectively about the changes made in the provisions of these Regulations and about the possibility of accepting them.

§4 Governing law

1. These Regulations are subject to the Polish law and shall be interpreted in accordance with this law.

2. The place of performing the service is Bialystok (Poland) and in case of Consumers the place of performing services is the place to which the VRaySchool Products shall be transferred.

3. All potential disputes shall be settled by the court which has geographical jurisdiction over the place of service provision.

§ 5 Notices

If the Regulations otherwise provided, any notice, statement and correspondence relating to the Regulations can be folded up or delivered electronically or in writing by registered letter with acknowledgment of receipt to the addresses of the Parties correspondence.