Terms of Service

Wombat Studio, Inc. ("Wombat Studio," "we" or "us") is pleased to provide you with access to the Magic Poser platform, which allows a user ("User" or "you") to upload, download, and/or publish 3D models and scenes on the Magic Poser mobile app (the “App”) and website. All elements of the Magic Poser platform, along with our proprietary technology that allows users to create 3D characters, poses, scenes, and animations, are referred to in this Agreement as the "Services."

By registering with us, or by using the Services, you agree to be bound by these Terms of Service (the "Agreement") which we may update from time to time. If we do so, we’ll let you know, either by posting the updated Terms on our Site or through other communications. It’s important that you review the updated Agreement whenever we update it or you use the Services. Your continued use of the Services constitutes your consent to such changes. PLEASE READ THIS AGREEMENT CAREFULLY AND CHECK THESE TERMS OF SERVICE PERIODICALLY FOR CHANGES. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE THE SERVICES.

Our Privacy Policy, which explains how we use your personal data, is located here. By using the Services, you agree that your information may be collected and used in accordance with our Privacy Policy and this Agreement.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THIS AGREEMENT, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND WOMBAT STUDIO THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 11 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

1. General Conditions

a) Eligibility While some App functionality is provided to all users, to create an account on the Services, you must be at least 13 years of age (or such other minimum age as is applicable in your country of residence), and not otherwise barred from using the Services under applicable law. By using the Services, you represent and warrant that you (or your parent or legal guardian, as required by applicable law if you are unable to form a binding contract) have reviewed and agreed to this Agreement. Parents and guardians are responsible for the acts of their children when using our Services.

Account
A Magic Poser account is required in order to take full advantage of the Services. An account can be created directly by signing up in the App, or via third-party website accounts such as Twitter, Google or Facebook. You agree to provide only accurate and true information in connection with the creation of your account, and to update your information as necessary so it remains accurate and current...

b) Access
We may, in our sole discretion, refuse to offer the Services to any person or entity. We do not guarantee that any portion of our Service will be available at all times, in all locations, or at any given time. We may, in accordance with this Agreement, modify the Services without notice to you, or terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.

2. Purchases

a) One-Time Payments and Subscriptions.
Wombat Studio requires payment of a fee for use of the Services (or certain portions thereof) and you agree to pay such fees. You have the option of making a one-time payment (“ One-Time Payment”) or purchasing a subscription (“ Subscription”) for such use.

b) General.
Whether you make a One-Time Payment or purchase a Subscription (each, a “ Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction...

c) Subscriptions.
If you purchase a Subscription, you will be charged a monthly Subscription fee, plus any applicable taxes...

d) Cancelling One-Time Payment or Subscription.
YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME...

3. Rights and Terms for Apps

a) Rights in App Granted by Wombat
Subject to your compliance with this Agreement, we grant you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control, and to run such copy of the App...

b) Accessing Our App from App Store
The following terms apply to any App accessed through or downloaded from any app store or distribution platform...

4. Content

a) Definitions.
For purposes of this Agreement:

“Content” means text, graphics, 3D models, poses, scenes, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.
“User Content” means any Content that you or other Users provide to be made available through the Services...

b) Our Content Ownership.
Wombat Studio does not claim any ownership rights in your User Content...

c) Our License to You
We grant you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Services as they are provided to you by us, only as set forth in this Agreement...

d) Your License to us
i) Use by us.
By making any User Content available through the Services, you grant Wombat Studio a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers) right and license to use, reproduce, publicly display, distribute and adapt your User Content for the purposes of...

ii) Use by other users.
If you upload your User Content to our Community publicly, you agree that other users may access and download your User Content subject to this Agreement.

5. User Restrictions and Obligations

You agree that you will not use the Services to:

Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services or Content except as permitted by this Agreement;
Promote any illegal activity, or advocate, promote or assist any unlawful act;
...

6. Warranty Disclaimers, Limitations of Liability, Indemnity

DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE"...

LIMITATION OF LIABILITY.
WOMBAT STUDIO'S MAXIMUM AGGREGATE LIABILITY TO ANY USER WILL BE THE AMOUNT PAID FOR THE PERIOD IN WHICH THE LIABILITY ARISES...

Indemnity.
You agree to indemnify and hold Wombat Studio and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims...

7. Governing Law and Forum Choice

This Agreement and any action related thereto will be governed by the Federal Arbitration Act...

8. Dispute Resolution

a) Mandatory Arbitration of Disputes
We each agree that any dispute, claim or controversy arising out of or relating to these Terms...

General Terms

a) Entire Agreement
This Agreement constitutes the entire and exclusive understanding and agreement between Wombat Studio and you regarding the Services...

b) Notices
Any notices or other communications provided by Wombat Studio under this Agreement...

c) Waiver of Rights
Wombat Studio’s failure to enforce any right or provision of this Agreement will not be considered a waiver of such right...

10. Contact Information

If you have any questions about this Agreement or the Services, please contact Wombat Studio at:
support@thewombatstudio.com
530 LAWRENCE EXPY #419
SUNNYVALE CA 94085