End User License Agreement

Last updated Sep 08, 2023

3D Names is licensed to You (End-User) by Vista Studios Ltd (hereinafter: Licensor), for use only under the terms of this License Agreement.

By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Vista Studios Ltd, not Apple, is solely responsible for the licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Vista Studios Ltd acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.

All rights not expressly granted to You are reserved.

1. THE APPLICATION

3D Names (hereinafter: Application) is a piece of software created to To provide users with a fun and simple game - and customized for Apple mobile devices. It is used to Be played as a game by end-users.

The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. SCOPE OF LICENSE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.

2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with Vista Studios Ltd's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Vista Studios Ltd'sprior written consent).

2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7 Licensor reserves the right to modify the terms and conditions of licensing.

2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1 The Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.

3.2 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.

3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. NO MAINTENANCE OR SUPPORT

4.1 Vista Studios Ltd is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Application.

4.2 Vista Studios Ltd and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.

5. USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: https://www.superwordsearch.com/policies/privacy-policy.html.

6. USER GENERATED CONTRIBUTIONS

The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively,"Contributions"). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.

7. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations in the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

8. LIABILITY

8.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.

9. WARRANTY

9.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.

9.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Vista Studios Ltd's sphere of influence that affect the executability of the Application.

9.3 You are required to inspect the Application immediately after installing it and notify Vista Studios Ltd about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of three hundred sixty five (365) days after discovery.

9.4 If we confirm that the Application is defective, Vista Studios Ltd reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

9.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.

9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

10. PRODUCT CLAIMS

Vista Studios Ltd and the End-User acknowledge that Vista Studios Ltd, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

11. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.

12. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:

support@3dnames.net

13. TERMINATION

The license is valid until terminated by Vista Studios Ltd or by You. Your rights under this license will terminate automatically and without notice from Vista Studios Ltd if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

Vista Studios Ltd represents and warrants that Vista Studios Ltd will comply with applicable third-party terms of agreement when using licensed Application.

In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

15. INTELLECTUAL PROPERTY RIGHTS

Vista Studios Ltd and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, Vista Studios Ltd, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.

16. APPLICABLE LAW

This license agreement is governed by the laws of the United Kingdom excluding its conflicts of law rules.

17. MISCELLANEOUS

17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

18. PROFILE PAGE SHARING

In order to provide free content to end users, this website has created a method for you to create and share your own profile page. This page is intended for fun and entertainment use only, and must not be used in a harmful or offensive manner.

You are free to share the page with as many people as possible as this helps drive back traffic to the 3D Names website and therefore helps us generate more revenue to keep the service going. However if we feel like this service is being abused in any way we reserve the right to remove or suspend your account.

19. PROFILE PAGE CONTENT RESTRICTIONS

1. You are prohibited from uploading or using any content containing obscene language or offensive text.
2. You are not allowed to upload or display obscene, explicit, or inappropriate images.
3. You cannot include links to harmful, dangerous, or malicious websites.
4. Uploading harmful software, scripts, viruses, or any malicious code is strictly prohibited.
5. Content should not be used for bullying, harassment, or any form of harmful behavior towards others.
6. Any commercial use, including advertising, requires explicit permission from the owner.
7. Suspicious or fraudulent use of the content will result in immediate account suspension or block.
8. You cannot remove or alter any backlinks present within the content.
9. You cannot remove any adverts placed into the page via 3D Names.

20. PROFILE PAGE CLICK VIEWS

In order to keep a fair track of how many views your page has had we have implemented a click tracking system. This system is designed to track the number of clicks fairly, and to prevent any abuse of the system. This includes recording the IP Address, Meta data and use of cookies to try to stop fraudulent clicks. We reserve the right to review any of the data if we believe the system is being abused in any way, and reserve the right to disallow clicks, or block users who are abusing the system.

The following is a list of methods which are deemed as fraudulent and are not allowed:

1. Click Bots or Automated Scripts: Users should not use any automated tools, scripts, or bots to generate clicks artificially.
2. Click Farms: Users should not employ click farms or paid services to generate fake clicks.
3. Clicking Their Own Links: Users should not click on their own referral links or share them with themselves.
4. Clicking Multiple Times: Users should not repeatedly click on the same referral link to gain more credits.
5. Misleading Clicks: Users should not engage in misleading practices to encourage others to click on their links, such as falsely promising rewards or incentives.
6. Clicking from the Same IP Address: Multiple clicks from the same IP address within a short time frame might indicate fraudulent activity.
7. Using VPNs or Proxies: Users should not use VPNs or proxies to generate clicks from different locations artificially.
8. Compromised Accounts: Users should not use hacked or compromised accounts to generate clicks.
9. Scripted or Automated Social Sharing: Users should not use scripts or automation tools to share links on social media platforms.
10. Manipulating Referral Metrics: Users should not engage in any action that manipulates the referral metrics to gain unfair advantage.
11. Creating Fake Accounts: Users should not create fake accounts to generate clicks or referrals.
12. Incentivizing Inappropriate Behavior: Users should not offer rewards or incentives for clicks that encourage inappropriate or misleading behavior.
13. Engaging in Click Exchange: Users should not participate in click exchange networks, where users click on each other's links solely for credits.
14. Misusing Social Groups or Forums: Users should not spam social groups or forums with their referral links. Only genuine social sharing is allowed
15. Engaging in Click Fraud: Any deliberate action aimed at artificially increasing clicks or taking advantage of the credit system should be prohibited.

21. A.I. Generated Content

Any images generated by Artificial Intelligence is always an approximation of what the A.I. thinks the image should look like. Although we will sometimes try and edit your prompts to try to engineer a better result this is not always guaranteed. Any images that you receive should be considered final, and we do not offer any refunds for A.I. generated images that are not to your liking.

We strongly advise you to use only our "Top Styles" as these will produce better results more frequently. We also advise you to look at the accuracy rating, review some of the sample renders, and read the "Tips" for each style.

Credit refunds will only be given at our discretion due to A.I. image generation being a costly service to run.

If you decide to use an Experimental template, then you must be aware that our A.I. can generate strange artifacts, and you may still end up with 4 unusable images. We do not offer refunds for these images, and you use the service at your own risk.

You are free to edit the Advanced settings of the A.I. Tool - but you do so entirely at your own risk.

We reserve the right to use any images generated by A.I. for our own marketing purposes, and you agree to this by using the service.

Some keywords are forbidden by the A.I. generators, these include but are not limited to: swear words, racist words, sexist words, pornographic words, words deemed as bullying or harassment, words that identify individuals, famous figures, celebrities, politicians groups or companies, etc.

If your content cannot be created via the A.I. then a credit refund will be given, and you try again.

ADULT CONTENT: You must be warned that by editing the Advanced settings of the A.I. Tool or by choosing a template that is Labelled ADULT you may receive images that contain nudity, sexual content, blood, gore, violence, or other adult themes.

We will also be closely monitoring user input and will ban or report any users who are using this service to generate inappropriate, illegal, abusive, politically damaging or offensive content.

3D Names cannot be held responsible for any content generated by the A.I. Tool, and you use the service at your own risk.