Terms and conditions of supply

 Last updated: November 10, 2024

These Terms and Conditions of Supply (“Terms”) are entered into by and between you and Triplegangers, LLC (“TG”, “we” or “our”) (each a “party” and collectively, the “parties”) and apply to any contract between us for the licensing of Content to you (such contract, a “Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Content from our Site. 

Before placing an order for any Content, you will be asked to agree to these Terms.

If you refuse to accept these Terms, you will not be able to order any Content from our Site.

Please print a copy of these Terms or save them to your computer for future reference.

We may amend these Terms from time to time as set out in Section 11. Every time you order Content from us, the Terms in force at that time will apply to the Contract between you and us, therefore, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

1. DEFINITIONS

The following definitions shall apply:

•  “Content”: means any content listed on our Site that is available to be purchased, including three-dimensional scans, three-dimensional models, three-dimensional images, videos, film footage, photographs, textures, three-dimensional meshes or other material generated optically, electronically, digitally or by any other means or in any media;
• “Commercial Use License Terms”: means the rights set out in Section 8.1 and the restrictions in Section 8.3 which together govern your use of the Licensed Content if you have purchased a commercial use license;
• “Event Outside Our Control”: means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks;
• “Licensed Content”: means any Content that is (a) ordered by you through our Site, (b) delivered to you by us, and (c) licensed to you pursuant to either the Commercial Use License Terms or the Personal Use License Terms;
• “Photogrammetry Photo Sets”: means collection of photographs taken from multiple angles around an object, environment, or subject;
• “License Terms”: means the Commercial Use License Terms or the Personal Use License Terms (as applicable);
• “Personal Use License Terms”: means the rights set out in Section 8.2 and the restrictions in Section 8.3 which together govern your use of the Licensed Content if you have purchased a personal use license;
• “Registered User”: means a person who has registered to use our Site and has been provided with a login name and password to access the Content;
• “Site” means our website which is accessible at www.triplegangers.com;
• “you” or “your”: means you, the Registered User, or if you are accepting on behalf of your employer then “you” means that employer; and
•  “your Email Address”: means the email address that you provided to us during the registration process to become a Registered User.

2. INFORMATION ABOUT US

2.1 Triplegangers LLC operates the website www.triplegangers.com. 

2.2 To contact us, please see our Contact Us page.

3. CONTENT

3.1 To the fullest extent permitted by law, we are the exclusive owner and/or authorized licensor of the copyright and other intellectual property rights in all the Content available to be ordered on our Site. In order to download any Content from our Site, you must enter into a Contract with us.

3.2 When you order and pay for any Content, you are not purchasing the Content; instead, you are acquiring either (a) a personal license (if you are an individual customer) or (b) a commercial license (if you are a business customer) to the Licensed Content, both of which are subject to the License Terms.

3.3 The Content displayed on our Site is for illustrative purposes only. Although we have made every effort to display the Content accurately, we cannot guarantee that your computer’s display of the Licensed Content accurately reflects the size, dimensions and color of the Content. Your Licensed Content may vary slightly from the Content displayed on the Site.

4. USE OF OUR SITE

4.1 Your use of our Site is governed by our Website Terms of Use. Please take the time to read our Website Terms of Use, as it includes important terms which apply to you.

4.2 If you are an individual customer:

(a) You may only access or use our Site or license Content from our Site if you are at least 18 years old. We will not supply any Content to you if you do not satisfy this age requirement or the age requirement in the jurisdiction from you are accessing our Site. If you are underage, please do not access or use our Site or attempt to order any Content through our Site.

(b) By accessing or using our Site or attempting to license any Content through our Site, you certify that you are at least 18 years old and, in any event, at least the age of consent in the jurisdiction from which you are accessing or viewing our Site.

4.3 If you are not an individual customer (that is, you are a business customer), you confirm that you have authority to bind any business on whose behalf you use our Site to license the Content.

5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

5.2 After you place an order, you will receive an Email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in Section 5.3.

5.3 We will confirm our acceptance to you by sending you an Email to your e-mail Address, which will include instructions on how to download the Licensed Content you have ordered (the “Order Confirmation”). The Contract between us will only be formed when we send you the Order Confirmation from no-reply[at]triplegangers.com immediately after purchase. You will then have access to your purchase.

5.4 If we are unable to supply you with any Content because that Content is no longer available, we will inform you of this by Email and not process your order. If you have already paid for the Content, we will refund you the full amount as soon as possible.

6. DELIVERY

6.1 We will fulfill your order by emailing the instructions on how to download the Licensed Content to your Email Address, unless there is an Event Outside Our Control. If an Event Outside Our Control occurs, we will notify you by email.

6.2 Delivery will be completed when we deliver the Licensed Content to your Email Address.

7. TERM AND TERMINATION

7.1 Each Contract shall commence on the date when we send you the Order Confirmation from no-reply[at]triplegangers.com after your purchase, and shall continue until terminated in accordance with Section 7.2.

7.2 We reserve the right to terminate any Contract with cause at any time, with thirty (30) days written notice to you. “With cause” includes, but is not limited to, your breach or violation of any of these Terms, including the License Terms.

7.3 We reserve the right to temporarily suspend any customer account and license if we believe, at our sole discretion, there has been a breach of these Terms. The account holder will be notified via email, with details on the steps necessary to correct the issue. Failure to remedy the breach within the timeframe specified in the suspension notification may result in further action, including permanent suspension and license revocation without compensation.

7.4 Upon the termination of any Contract, your license to the Licensed Content automatically terminates, and you must immediately stop using the Licensed Content. Sections 3, 4, 7, 8.3, 8.5, 9-11 and 15- 19 shall survive termination of any Contract and these Terms. 

8. LICENSE TERMS

8.1 Commercial Use License Terms

If you are a business customer and you have acquired a commercial use license: Subject to your compliance with these Terms, TG grants you a non-exclusive, worldwide, non-transferable, non-sublicensable license to modify, adapt, or create derivative works from the Licensed Content, including incorporating any of the Licensed Content into a single commercial project such as video game, film, VR experience, VR game, tech demo; provided that you comply with the restrictions of Section 8.3.

8.2 Personal Use License Terms

If you are an individual customer and you have acquired a personal use license: Subject to your compliance with these Terms, TG grants you a non-exclusive, worldwide, non-transferable, non-sublicensable license to:

1. use the Licensed Content for your own non-commercial personal use;
2. modify, adapt or create derivative works from the Licensed Content, including to incorporate Licensed Content into personal projects such as portfolio, showreels or demos;
3. 3D print scans or models for Personal Art Projects;

provided that you comply with the restrictions of Section 8.3 and you do not use the Licensed Content for any commercial, business or resale purposes.

8.3 Restrictions that apply to your use of the Licensed Content

You may not without our prior written consent:

1. resell (or authorize a third party to resell) or make available any of the Licensed Content or any derivative works created from the Licensed Content on any online store, marketplace, or file-sharing platform of any kind.
2. incorporate any Licensed Content into a logo, brand or corporate identifier, trademark, design mark or service mark, or register any Licensed Content as a trademark;
3. use any of the Licensed Content for any pornographic or unlawful use, in conjunction with any pornographic or unlawful material, or in violation of any applicable regulations or industry codes;
4. use any of the Licensed Content for any technologies designed or intended for the identification of natural persons;
5. use the Photogrammetry Photo Sets for any purpose other than texture projection on 3D models;
6. extract individual images from the Photogrammetry Photo Sets for use separately from the Licensed Content, or use the images within the photo sets for any form of individual or collective reproduction, distribution, or display;
7. alter, manipulate, or edit the Photogrammetry Photo Sets to create derivative imagery or materials that are not directly applied as textures within a 3D model environment.
8. use any of the Licensed Content purchased under Commercial License in multiple commercial projects (single license per project).

8.4 Subject to your compliance with these Terms, we acquire no right, title or interest under these Terms to any derivative works you create using Licensed Content.

8.5 Subject to the limited rights expressly granted hereunder, we reserve, title and interest in and to the Content, including all of their related intellectual property rights. No rights are granted to you other than as expressly set forth herein.

9. CUSTOMER REPRESENTATIONS AND WARRANTIES

9.1 You represent, warrant and covenant that:

1. You will use the Licensed Content in strict compliance with these Terms, including the applicable License Terms as set out in Section 8.
   
   You understand and accept that, if you use any Licensed Content other than in strict compliance with the applicable License Terms, you will be in breach of the Contract (which will result in the immediate and automatic termination of the Contract) and violating our intellectual property rights.
2. You will use the Licensed Content in compliance with all applicable laws and regulations.
   
   You understand and accept that laws and regulations change and that new laws and regulations may come into effect which could impact the rights granted under these Terms.

10. INDEMNIFICATION

10.1 To the fullest extent permitted by law, you shall indemnify, defend, and hold harmless TG and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (“Affiliated Entities”) from and against any and all liability, damages, losses and costs arising out of or in connection with your breach of these Terms, any other agreement with us, applicable law or a third party’s property or other rights, or the failure of any of your representations or warranties made in these Terms.

11. OUR RIGHT TO REVISE THESE TERMS

11.1 We may revise these Terms from time to time, including under the following circumstances: changes in how we accept payment from you; changes in relevant laws and regulatory requirements; changes in the Content or products that we offer; changes in the market conditions affecting our business; and changes in our system’s capabilities.

11.2 Every time you order Content from us, the Terms in force at that time will apply to the Contract between you and us.

11.3 Whenever we revise these Terms in accordance with this Section 11, we will keep you informed and give you notice of this by stating that these Terms have been amended.

12. YOUR CONSUMER RIGHT OF RETURN AND REFUND

This Section 12 only applies if you are an individual costumer. For the avoidance of doubt, this Section 12 does not apply to business customers.

12.1 If you are an individual customer, you have a right to withdraw from your transaction without any charge or receive a full refund (where applicable) and without providing any reason until such time as the Order Confirmation is received. You do not have the right to withdraw from a transaction once the Order Confirmation has been received, at which point your transaction is final. Our service commences as soon as you receive the Order Confirmation, which is when the Contract between us is formed and you receive the Licensed Content, and you will not have a right to cancel the Contract unless you have received any Licensed Content of an unacceptably poor quality. If this happens, you must tell us as soon as possible by emailing us at admin[at]triplegangers.com. If the poor quality of any Licensed Content is caused by us and cannot be resolved, a refund may be made.

12.2 If any Content becomes unavailable following an order but before the Order Confirmation is received, your only remedy will be a refund of the price paid for the unavailable Content. If technical problems prevent or unreasonably delay delivery of your selected Content, your exclusive and sole remedy is either a replacement or refund of the price paid, as we determine.

12.3 To withdraw from a transaction or to cancel a Contract, please contact us in writing by sending an Email to admin[at]triplegangers.com. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice Email, then your cancellation is effective from the date you sent us the Email to us.

12.4 We will process any refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in Section 12

12.5 You shall be refunded on the credit card or debit card used by you to pay.

13. PRICE OF CONTENT

13.1 The prices for the supply of the Content will be as quoted on our Site from time to time. The price will vary depending on whether you have purchased a personal use license or a commercial use license.

13.2 Prices for our Content may change from time to time, but changes will not affect any order which we have already confirmed with an Order Confirmation.

13.3 The price for the Licensed Content shall be exclusive of all sales, use, value-added, and similar taxes. However, sales tax will be applied if you are located in a state where digital products are subject to taxation and we, as the seller, meet the Economic Nexus requirements in that state. We will collect and remit sales tax as required by law. You are responsible for the payment of any taxes associated with your purchases under this Agreement or resulting from any Contract, except for taxes based on our income, property, and employees.

14. HOW TO PAY

14.1 We use Stripe and PayPal as our payment gateway for all transactions. You may use these services to complete your transactions with us. Your use of Stripe and PayPal for payments is governed by their respective terms of service, including matters related to the protection of your personal and payment data. We are not liable for the services provided by Stripe and PayPal or for any issues arising from their use.

14.2 When paying via Stripe or PayPal, you will receive an email transaction confirmation after payment, which will include details of any sales tax charged. If you require a detailed receipt or additional documentation, please request it from us at admin[at]triplegangers.com when you place your order. We will not issue detailed receipts or other documentation for online payments unless specifically requested by you.

14.3 All fees charged and shown on our Site are payable in US dollars. If you are placing an order from outside the United States, your card issuer may convert the charge into your local currency.

15. DISCLAIMERS

THE LICENSED CONTENT IS PROVIDED ON AN “AS IS”/“AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOU AGREE THAT USE OF THE LICENSED CONTENT IS AT YOUR SOLE RISK. TG AND ITS AFFILIATED ENTITIES DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR THAT THE LICENSED CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, BE SUITABLE FOR YOUR PURPOSES, OR BE FREE FROM VIRUSES OR OTHER HARMFUL CODE. WE AND OUR VENDORS, TG AND ITS AFFILIATED ENTITIES DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY WITH RESPECT TO YOUR USE OF THE LICENSED CONTENT, ANY DERIVATIVE WORK THAT YOU MAY CREATE USING THE LICENSED CONTENT, OR FOR ANY FAILURES, LOSS OR OTHER DAMAGES THAT YOU MAY SUFFER THAT ARE BEYOND OUR CONTROL.

16. LIMITATION OF LIABILITY

16.1 UNDER NO CIRCUMSTANCES WILL TG OR ANY OF THE AFFILIATED ENTITIES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, HOWEVER OR WHENEVER ARISING, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST PROFITS, ANTICIPATED PROFITS, LOSS OF BUSINESS OPPORTUNITY, BUSINESS OR GOODWILL, BUSINESS INTERRUPTION, INJURY TO BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ARISING FROM USE OF LICENSED CONTENT, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION, WHETHER IN TORT, INCLUDING NEGLIGENCE, CONTRACT OR OTHERWISE, REGARDLESS OF WHETHER OR NOT IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

16.2 IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS (INCLUDING THIRD-PARTY CLAIMS) ARISING FROM, IN CONNECTION WITH OR RELATING TO THE LICENSED CONTENT, ANY CONTRACT OR THESE TERMS, REGARDLESS OF THE FORM OF LIABILITY (WHETHER IN CONTRACT OR TORT OR OTHERWISE), WILL EXCEED THE PRICE YOU PAID FOR THE RELEVANT LICENSED CONTENT. YOU ACCEPT AND AGREE TO THIS DAMAGES CAP.

17. EVENTS OUTSIDE OUR CONTROL

17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. 

17.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will send you an email to your Email Address as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of any Licensed Content to you, we will deliver the Licensed Content to you once the Event Outside Our Control is over.

18. COMMUNICATIONS BETWEEN US

18.1 When we refer, in these Terms, to "in writing", this will include Email.

18.2 If you are an individual customer and you wish to contact us in writing for any other reason, you can send this to us by Email to admin[at]triplegangers.com.

18.3 If we must contact you or give you notice in writing, we will do so by Email or by pre-paid post to the address you have provided to us.

18.4 If you are a business customer, please note that any notice given by you to us, or by us to you, will be deemed received and properly served 24 hours after an Email is sent, or three days after the date of posting of any letter. 

18.5 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an Email, that such Email was sent to the specified Email address of the addressee. The provisions of this Section 19 shall not apply to the service of any proceedings or other documents in any legal action.

19. OTHER IMPORTANT TERMS

19.1 We may transfer our rights and obligations under a Contract without restriction.

19.2 You may only transfer your rights or your obligations under these Terms to another person or entity if the Licensed Terms are appropriate to the assignee (Personal Use License Terms for an individual, and Commercial Use License Terms for a business) and we agree in writing. Any assignment in violation of the foregoing will be null and void.

19.3. These Terms and Website Terms of Use constitute the entire agreement between you and us relating to the Licensed Content you have ordered on the date you accept these Terms. 

19.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

19.5 Each provision of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.

19.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

19.7 To the fullest extent permitted by law, all disputes arising out of and related to these Terms (hereinafter “Dispute” or “Disputes”) shall be resolved exclusively by neutral binding arbitration in accordance with Chapter 682, Fla. Stat. by an arbitrator that is mutually agreed upon and selected by the parties. If the parties fail to agree on an arbitrator, each party shall select one arbitrator and those two selected arbitrators shall appoint a third arbitrator to arbitrate the Dispute. Arbitration shall be final and binding upon the parties. Any party may bring an action in court located in Hillsborough County, Florida to compel arbitration under this Agreement and to enforce an arbitration award. Otherwise, no party shall initiate or prosecute any lawsuit or administrative action in any way related to any Dispute. The parties shall maintain the confidential nature of the arbitration proceeding and the award, except as may be necessary in connection with a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. Notwithstanding anything herein to the contrary, the parties shall be entitled to seek to obtain any provisional remedy, including injunctive or similar relief, from any court of competent jurisdiction as may be necessary to protect such party’s rights and interests. You hereby consent and agree to exclusive jurisdiction in and venue in Hillsborough County, Florida for all arbitration and court proceedings arising out of this Agreement.

19.8 CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH YOU ACT OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY, AND FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS. YOU UNDERSTAND THAT CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

19.9 The laws of the State of Florida shall govern any claim, suit, or dispute that arises involving or relating to these Terms. The parties agree that the proper venue for any claim, suit, or dispute that arises involving or relating to these Terms shall be Hillsborough County, Florida.

19.10 In any Dispute, or other legal action brought by either party to enforce the provisions of these Terms, each party must bear its own arbitration costs and attorneys’ fees.