General Terms & Conditions of Use and Sale

Last updated: 10/01/2023

Preamble

Are designated as follows:

CREATOR: all people who have uploaded files on the site, in free mode or charge mode.
MEMBER: all persons who have registered on the site 3DGrayscale.com and created an account. When creating an account, the member must not use any false identity or identity belonging to a third party.
BUYER: everyone who downloaded a digital file on the site, whether free or paid.
VISITOR: any person who is coming on the website without being registered.

All these four types are referred to as “USER”.

CREATION: all files available on the website.
PARTNER: all the companies with which 3DGrayscale has established a partner relationship, contractualised or not.

3D Grayscale, Also referred to as “3DGrayscale.com” or “3DGrayscale”.

These terms and conditions govern the rights and obligations of 3DGrayscale for merchant website hereinafter 3DGrayscale and secondly, any natural or legal person wishing to make a purchase distance through the website of 3DGrayscale “3DGrayscale.com”.
They also govern all interactions associated with the use of 3DGrayscale.

The parties agree that all the internet orders made on 3DGrayscale are governed exclusively by these terms and conditions.

3DGrayscale reserves the right to modify these terms and conditions at any time.

Conditions will be those applicable on the date of the order by the BUYER.

These general conditions shall prevail over any other general or special conditions not specifically approved by 3DGrayscale.

Characteristics of Goods and Services Offered

3DGrayscale offers a catalog of digital files for 3D and general use, via the site 3DGrayscale.com.

3DGrayscale is a “marketplace”.

3DGrayscale offers designers a service to share and sell their creations at a price they want to define.

Through the platform, buyers can download one or several creations, with the pricing conditions set by the creator.

The visitor is informed that the contents and services of the site are financed by revenues related to advertising on these spaces. It acknowledges that in return for its right to use the content and services in free and open access, it accepts the display of advertising on the site.

Uploading Rules

All users and creators must follow the uploading rules as outlined below. Failure to abide by these rules may result in the deletion or removal of account along with forfeiting any payments which may be owed.

You must only upload grayscale height maps and related files on our website

All upload images should be in .JPG or related format.
Download attachments must be compressed as a .zip file before uploading and free of any virus or malicious software/malware.
All uploads must be your original design.
You must not upload duplicate designs.
All information associated with the upload (title, description, tags, etc.) must be related to the file(s) being uploaded. Any false information will be removed.

Pricing

Prices will be displayed in US Dollar (USD) only.

However, orders are charged in Dollars (USD) which may incur additional conversion fees charged by the banking institutions.

Designers choose the price they want to sell their shared digital design on 3DGrayscale, before tax.

The 3DGrayscale commission (15%) is included in the pre-tax selling price set by the seller.

Prices are first displayed to site visitors without tax. When a design is added to the shopping cart, the prices are displayed including Tax.

Tax is only applied to the 3DGrayscale commission as the marketplace acts as a transparent intermediary.

Sellers have the possibility to change their prices at any time they want.

The designs are invoiced according to the prices in effect at the time of the order validation on the 3DGrayscale marketplace.

Registration and Control

Visitors wishing to download a creation available on the site catalog 3DGrayscale.com, must necessarily register and become a member, and therefore:

Complete form of identification which show all the information requested and honor certified the veracity of thereof;
Be of legal age.

Then when making a purchase they will:

Complete the “order form” online.
Make payment under the conditions (see Payment).
Confirm the order and payment.

The confirmation of the order implies acceptance of these terms and conditions, in recognition of having perfect knowledge and the waiver of its own conditions of purchase or other conditions.

3DGrayscale undertakes not to disclose any personal information of its members except as provided in Personal Data, except in the case or they disregard the copyright, trademark, patent rights, or any intellectual property of a third party.

Also, in cases where they would have their liability sought in the context of a judicial action having a link with creation purchased or downloaded from 3DGrayscale.com website, 3DGrayscale should communicate all relevant information to the competent authorities.

These terms and conditions are accepted for registration and will not be subject to recall in future purchases, any change will simply be notified to members as stated in the preamble to these conditions.

“Checkout” button during the order is an electronic signature between the parties; it has the same value as a handwritten signature.

Validation of the Order

A confirmation email summarizing the order will be sent to the BUYER by 3DGrayscale.

The sales contract will be concluded when 3DGrayscale confirm it, after having had the opportunity to check the details of the order and the total price and to correct any errors.

3DGrayscale reserves the right to reject the order and refund the buyer.

Reimbursement will be made by means of a payment within 30 days.

3DGrayscale sends an e-mail in which they will confirm acceptance of the order.

The data recorded and stored by 3DGrayscale constitute proof of all transactions between buyers and 3DGrayscale transactions.

Payment

The payment is made online either via the secure payment modules PayPal for payment by “PayPal account” or via the PayPal credit card form.

Learn more about PayPal’s terms of use

The credit card number and expiration date are encrypted and transmitted to the partner company PayPal according to the choice of the customer to carry out the payment of its order.

All payments are made securely using the SSL (Secure Socket Layer) encryption process and are not accessible to 3DGrayscale or any third party.

In particular, 3DGrayscale does not act as a technical intermediary for the transmission of payment data. This information will not be used again.

The amount of the order is debited from the customer’s account when the order is confirmed by 3DGrayscale.

The data recorded and stored by 3DGrayscale constitutes proof of the order and of all the transactions made.

The data recorded by the payment systems constitute proof of the financial transactions.

The payment history is available on the 3DGrayscale website in the buyer’s personal account.

To withdraw the balance of their sales, the designer must enter the email address of their PayPal account so that 3DGrayscale can transfer the money to them via PayPal. Payment requests are made from the designer’s personal account.

The minimum amount for a payment request is $20. Payment requests can be renewed every 30 days.

To accept the payment and withdraw its balance, the CREATOR has a period of one month (period defined by PayPal). After this period, if the balance is not collected, the sale amount will be returned to 3DGrayscale, with no possibility of refund.

The buyers and designers agree that no financial transaction concerning the creations catalogued on the 3DGrayscale.com website will be made between these two parties without going through 3DGrayscale.

Both parties agree to provide accurate and valid credit card information to 3DGrayscale.

3DGrayscale is not responsible for any transaction failures related to the online payment services used. The user and the creator will have to contact these payment services or their bank if necessary.

Warranty & Liability

3DGrayscale will make its best efforts to ensure that the digital images in the catalog published on the 3DGrayscale.com site are as accurate as possible in the creation itself when used by you.

However, having regard to the mode of presentation of digital creations on the Internet, it is possible that the perception by the purchaser of the photographic representation of the creations do not correspond exactly to the creation itself.

Differences may result from color photographs, difficulty to appear on the screen rendering or materials, without being exhaustive, technical adaptation.

These differences cannot be interpreted as lack of conformity and cannot avoid the sale.

3DGrayscale also cannot be liable in cases where the differences would relate to an essential feature of the creation and affect its quality.

The illustrations in the catalog on the 3DGrayscale.com site are not contractual.

The BUYER accesses, uses, and browses the site 3DGrayscale as its own risk.

3DGrayscale has just, for all stages of access to the site, the ordering process, or subsequent services, an obligation of means.

3DGrayscale can not be held liable for any inconvenience or damage arising from the use of the Internet, including interruption of service, external intrusion, computer viruses, or any event of force majeure, in accordance with jurisprudence.

BUYER acknowledges and agrees that, to the extent permitted by applicable law, 3DGrayscale can not be held liable for any damage direct, indirect, incidental to, or repair of non-pecuniary, costs, losses, decrease in turnover or profits, or liabilities of any nature whatsoever (although the realization of such injury was known or could be provided by 3DGrayscale), may arise from the use of designs or site or from an inability to use the website or its contents.

3DGrayscale responsibility may not exceed the total amount paid by the buyer in satisfaction of the order in question.

The creator transmits images to a file and undertakes not to transmit files that contain viruses or programs that destroy data.

The designer must keep a copy of the file and in any case 3DGrayscale can not be held responsible for the loss or destruction transmitted by creative files.

The creators make available (free or not) creation and undertake quality 3D file, they will guarantee the quality of their creation.

3DGrayscale does not guarantee the useability of all creations on the site.

In uploading its creation, the creator is committed to ensure that its creation is useable.

If the buyer after downloading the creation realizes it is not printable, no refund can be made from 3DGrayscale.

3DGrayscale does not guarantee the quality of the creations made available on its website.

3DGrayscale is in no way responsible for the content published and uploaded by all its users.

3DGrayscale does not guarantee the access durability to the orders and files already downloaded by the users, as the CREATORS can delete their creations from the platform at any time.

3DGrayscale is in no way responsible for links to external content reference to our site.

All creations published on 3DGrayscale are exclusively reserved for private and personal use. It means not selling the height map or any derivative of the file for economic or financial gain. For example, you cannot sell the digital files of the height map, a derivative or adaptation of that height map.

In a prosecution, 3DGrayscale undertakes to communicate to the competent authorities all data for all users 3DGrayscale.

In a prosecution, the offender will support any refunds or penalties arising from the procedure.

Creations published on 3DGrayscale must represent digital objects that are not contrary to public order or good morals.

In particular, but not limited to, the creation of firearms, objects with racist characters or incite racial hatred, discriminatory or hateful towards a group of people based on their religion, sexual orientation, political affiliation, union membership or representative violence without being a work of art, as well as any badge, brand, character whose intellectual property rights are not clearly belong to the creator will be refused by 3DGrayscale.

If a creation seems fraudulent, all users will notify us by using the contact us form.

In the event that you are fined for a product that you have downloaded from our platform, we recommend that you contact the customs office. If you have any doubts about the legality of the item you wish to digitally use and therefore import into your country, we also recommend that you contact the customs office.

3DGrayscale reserves the right to delete a member’s account, not to pay out a designer’s sales money, to delete or modify a designer’s creations and/or to block a member’s account, if one of the following cases of use occurs:

a creator offers for sale one or more creations, created by another creator
a creator offers for sale a creation available for free on 3DGrayscale or on any other website
a creator offers for sale creations that are not digital Grayscale Images
a buyer who use 3DGrayscale to send money to himself, a relative or an acquaintance via a creator profile
a buyer whose fraudulent transactions have been reported by banking institutions
a buyer whose fraudulent transactions have been reimbursed by the banking institutions
a member who has written insulting and violent remarks against another member or against a member of the 3DGrayscale team

3DGrayscale only judge the adequacy of creation with these provisions and reserve the right to refuse offenders creations or orders as specified above.
Members who think its establishment or purchase was refused although respecting this article is invited to contact 3DGrayscale to present his case.

Intellectual Property

Pictures, drawings, designs, texts, names and logos appearing on the website 3DGrayscale.com are the property of their authors and as such are protected by intellectual property rights and exploitation rights which 3DGrayscale and/or creators related to 3DGrayscale by a specific contract hold (see Special Conditions).

Any member who communicates 3DGrayscale a creation of the mind ensures they are the author or they are the owner of all intellectual property rights on it and it does not infringe the rights of intellectual property of others by transmitting it.

The member agrees to hold 3DGrayscale free from any claims of third parties.

Any creation whose intellectual property rights clearly do not belong to the creator will be refused by 3DGrayscale.

3DGrayscale undertakes to implement all the means at its disposal to fight best against counterfeiting.

If a creation seems fraudulent, all users will notify us using the contact us form.

To file a pages removal request due to intellectual property or copyright infringement, the rightful owner must take the following step:
– On the contact us form, attach a link the page related to the copyright material in question and choose “Report a Problem” in the subject field.

In a prosecution under the misuse of a trademark, patent, copyright, 3DGrayscale undertakes to provide the competent authorities all data of all 3DGrayscale users who clearly violated the intellectual property of a third.

If sales were made on these contentious creations 3DGrayscale will not repay the amount of the commission.

3DGrayscale adheres to the entire CHARTER AGAINST INFRINGEMENT ON THE INTERNET.

The creator remains the owner of the creation, they grant 3DGrayscale only a license to single use its creation for the completion of the order.

Any reproduction, copying or use both in the USA for all or part of the site 3DGrayscale.com, and /or any creations for professional use (for any reason whatsoever, even partially) or duplication in any medium, site, free access or paid commercial or blogs is strictly prohibited without prior authorization from 3DGrayscale and constitutes an infringement punishable under the Code of intellectual property.

On 3DGrayscale, it is expressly forbidden to reproduce and exploit the content published on the platform by means of any artificial intelligence service.

It is therefore forbidden to scrap, download or copy the digital content available on the platform, such as three-dimensional files, digital documents, images, photos or texts, without first obtaining the authorization of the content’s author.

This restriction aims to protect rights holders against any illegal or unauthorized use of their intellectual property, including automated or semi-automated use via artificial intelligence tools and services.

It is important to emphasize that only right holders have the exclusive right to reproduce and distribute their intellectual property. Any unauthorized use constitutes an infringement of copyright and may result in legal action.

Personal Data

Accordance with the law relating to computers, files and freedoms of January 6, 1978, the nominative information concerning members will be processed automatically.

3DGrayscale reserves the right to collect information about members including using cookies, and, if desired, to transmit to business partners collected information.

Members may object to the disclosure of their details by notifying 3DGrayscale. Similarly, users have a right to access and correct data concerning them, according to the law of January 6, 1978.

Settlement of Disputes

These conditions of online sale are subject to US law.

The parties shall endeavor to settle amicably and in good faith any disputes, which may arise between them on the interpretation, or partial performance or breach of these terms.

The member should give priority to 3DGrayscale for an amicable solution.

If the parties do not reach an agreement, this arbitration clause shall be deemed to be honored.

Without amicable agreement, any dispute will be submitted to the competent court of the place of the registered office of 3DGrayscale.

For more information, or if you are not fully satisfied with the services offered by 3DGrayscale , contact our Customer Service:

CS@3DGrayscale.com

Special Conditions

Agency contract and license reproductions’ rights of and use of Creations.

This Agreement (hereinafter “Agreement”) is signed when the Creator as defined below chooses to create a creator profile associated with the user profile on the website 3DGrayscale “3DGrayscale.com”.

between

3DGrayscale

On the one hand,

and

The Creator, as identified during registration, pursuant to this Agreement, hereinafter referred to as “The Creator”.
Hereinafter collectively referred to as “Parties” and each individually a “Part”.

It is previously set that:

3DGrayscale provides potential customers on its website “3DGrayscale.com” (hereinafter the “Site”) catalogue 3D Grayscale (hereinafter the “Catalogue”);

The Creator who addresses 3DGrayscale in order to allow 3DGrayscale to make available Creation on the Catalog and to mandate 3DGrayscale to manage all aspects of the business relationship with potential customers in order to sell the right to use the creation.

Potential customers will be able to purchase the right to use the Creation of Creators available on the Catalog.

Scope and Duration of the Contract

Copyright and Use

The purpose of this Agreement is to determine the conditions under which the Creator of Creation allows 3DGrayscale to make it available in the Catalog.

By this Agreement, the Creator allows 3DGrayscale to make available on the Catalog and accordingly publish on its Website Creation annexed to this Agreement and to allow access and downloading, pursuant to Article L. 122 – 5 of the Code of Intellectual Property.

Terms

The purpose of this Agreement is to determine the conditions under the Creator mandates 3DGrayscale, which accepts this mandate, to manage, on behalf and for the account of the Creator, all aspects of the business relationship with potential customers, namely:

linking with potential customers who wish to purchase the right to use the creation of the Creator. Linking is done by breeding Creation in the Catalogue, giving potential customers the opportunity to purchase the right to use the Creation;
the repayment by 3DGrayscale of the portion of the price paid by the final customer to purchase the right to use the Creation to the Creator.

This Agreement is concluded for an initial period of 6 months, renewable by tacit agreement for a further period of six months except in the case where the Creator or 3DGrayscale decide to withdraw Creation Catalog accordance with the Rights and Obligations of the creator below.

Rights and Obligations of the Creator

Creator represents and warrants have the right to enter into this Agreement.

As regards the right of reproduction and use:

Creator warrants that they are the original author of Creation or holds the exclusive rights of authors on Creations uploaded. If this is not the case, the Creator may be subject to prosecution by 3DGrayscale, or (the) buyer(s) and by (the) original(s) author(s) of the Creation.
In case a creation represents architectural monuments, works of people, objects or trademarks protected by a particular copyright (intellectual property code, image rights and property, the Civil Code, right designs, right registered trademarks), it remains the responsibility of the creator to obtain the holders of such rights, downstream necessary for the free dissemination, use and operation of this Creation.
Creations must not represent commercial or advertising.
The Creator is forbidden to offer a particular creation with obscene insults, violent, pornography or pedophile, and, in general, contrary to the laws and regulations. Proposed by the Creator, Creation must not infringe the rights of third parties, including intellectual property rights and the right to privacy.
Creator ensures that support creation contains no computer program designed to or may damage or intercept a computer system or data and personal information.

Regarding the mandate:

By this Agreement, the Creator gives 3DGrayscale mandate to manage on its behalf and for its account all aspects of the business relationship with potential customers as specified above.

The Creator must specify the price at which it wants to sell to potential customers the right to use his creation. They may at any time change the price of its creation by having access to their personal space.

On 3DGrayscale, the minimum price to sell Creation is established minimum $0.50. Below this price, 3DGrayscale may not submit a Creation for sale.

The Creator is committed to provide the most truthful information used to purchase and download its creation. A full technical descriptions, photographs of the object, creations of the 3D file, choice of the price, everything must be oriented so that buyers will want to download the product.
If a product does not meet the quality expectations of 3DGrayscale, 3DGrayscale reserves the right to modify, supplement sheets some manner whatsoever (amendment of the description, add photos, etc.).

The Creator making available (free or not) a Creation, is committed to the quality of its 3D file. It guarantees the quality of their creation, 3DGrayscale not guaranteeing usage of all creations on the Site. Depositing his Creation, the Creator is committed to ensure that his creation is in a useable form.

The Creator undertakes to ensure customer follow-up and to answer, as soon as possible (maximum 7 days), questions from people who have downloaded his files (via comments or messages received in the messaging system), under penalty of not receiving payment for his sales and / or seeing his sales refunded to customers and / or seeing his account blocked.

The Creator also mandates 3DGrayscale to manage the financial relationship with the final customer.

The Creator may, at any time, delete its Creations by sending an email at cs@3DGrayscale.com. Deleting one or more Creations do not however cancel or have any impact on any sales of goods previously entered into by 3DGrayscale on the basis of this Creation, any transaction prior to the deletion request is maintained in the state.

Thus, the removal of a Creation applies only from the end of the period of 48 hours notice required to take into account the change of status of Creation concerned. Thus, sales of items made prior to that date retain their full value and can not be questioned.

Rights and Obligations of 3DGrayscale

3DGrayscale reserves the right to refuse any creation which, by its content or for any other reason, is considered inadequate to justify by 3DGrayscale for inclusion in the Catalogue.

3DGrayscale reserves the right to exclude a Creation or a Creator, to block a Creator’s account and thus to deny him/her access to all or part of the Site’s services.

3DGrayscale reserves the right to pass the price of a Creation free of charge if it is shared free of charge elsewhere on the Internet.

3DGrayscale reserves the right not to transfer money to a Creator who would have infringed the present General Terms and Conditions of Sales (ex: sale of illicit 3D model, non respect of copyright, sale of non-printable 3D model…) and to file a claim with online payment institutes (such as PayPal) in order to ask for repair and reimbursement of the sums already received by the disputed Creator.

3DGrayscale is not the copyright holder of Creation provided by the Creator. In this way, the Creator, by sending a Creation 3DGrayscale expressly acknowledges that the Site and its administrators are not responsible for misuse that might be made of Creations or objects reproduced from these Creations.

3DGrayscale is an agent acting on behalf of the Creator in the management of its business relationship with potential customers to allow the transfer by the Creator the right to use the creation of the Creator. The role of 3DGrayscale is limited to linking the Creator with potential clients and the management of these business relationships.

3DGrayscale may refuse to send a second payment to a designer who has already refused or not accepted a payment sent via PayPal.

Scope of License

The Creator grants 3DGrayscale during the term of this Agreement, non-exclusive title, license, international and non-transferable license to use, reproduce, publish Creation and manufacture of articles from this Creation in all shapes and representations and all current and future processes and to all destinations.

More precisely, the license granted under this Agreement gives 3DGrayscale the following rights:

the right to reproduce in his Catalogue Creation (of any graphic, magnetic, optical, digital or electronic, as present or future) and in any condensed or expanded form;
the right to reproduce the creation in the form of an object under all modified forms, condensed or expanded;
the right to adjust the Creation;
the right to use the Creation for the manufacture of an object by any means;
the right to publish the Creation on the platform or on the website of one or more 3DGrayscale PARTNERS;
the right to share the Creation on all the digital ecosystem of 3DGrayscale (blogs, social networks, newsletter, etc.)

Scope of Terms

3DGrayscale is acting on behalf of the Creator in the management of the business relationship with potential clients and the final customer. Its role is to link the Creator with a final customer in order to allow the Creator to sell to customer the right to use his creation.

3DGrayscale manage all financial aspects of the business relationship between the Creator and the end customer.

In performing its mission agent, 3DGrayscale undertakes to act in the interest of Creator and according to his instructions as to set the price for the use of his creation, the fixed price will only be increased by the 3DGrayscale commission and the Tax applied to this commission.

However, 3DGrayscale has no obligation of result to the Creator and carries out its tasks in accordance with the limits set out in this Agreement.

Method for Registration of the Creator

Registration of the Creator on the list of designers for 3DGrayscale, simultaneously with its first publication of Creation, allow the creation of his personal page from the information provided on the form provided for this purpose.

The Creator must register and therefore:

fill out the identification form in his personal account on which he will complete all the information requested, and in particular, his user name, his e-mail address, his payment e-mail address, his nature (individual or professional), his first and last name and/or his company name, his postal address, his telephone number, his company number and his Tax number, certifying on his honor the truthfulness of the above;
be of legal age

Creation sent by the Creator will be referenced in the Catalog posted by 3DGrayscale on the Site, with his name or nickname with a link allowing access to their personal page.

Creator wishing to provide a creation of the Catalog and give mandate to 3DGrayscale manage the business relationship with potential customers must provide valid contact information upon registration on the Site, so that the gains from the sale of its creation can be sent.

3DGrayscale disclaims any liability for loss or non- payment of a fee, due to the transmission of false or erroneous coordinates.

Payment of the Creator

When uploading of Creation, it will be proposed by 3DGrayscale its catalog, and the object created from this Creation will be sold, if necessary, non-exclusive, royalty-free right under the Intellectual Property Code.

3DGrayscale offers potential customers a price fixed by the Creator for the transfer of the right to use his creation.

On this basis the Creator is paid by 3DGrayscale.

3DGrayscale fee directly remuneration agent as a commission equal to 20% of the price fixed by the Creator (without Tax) for the transfer of right to use his creation.

3DGrayscale reserves the right to change this percentage in the future, in this case 3DGrayscale undertakes to inform the Creator and to propose the conclusion of a new Agreement.

3DGrayscale will also charge Tax in certain cases and according to the rules listed in the Terms and Conditions.

The Creator can make withdrawals from his income generated on the platform via PayPal.

To request a payment via PayPal, the Creator must simply enter the email address of his PayPal account in his personal account.

It is important to note that the Creator is not authorized to make a payment request via PayPal if the amount of his payment exceeds $1,000. In this case separate transactions must be made in amounts lower than $1,000.

To accept the payment and withdraw its balance, the CREATOR has a period of one month (period defined by PayPal). After this period, without recovering his balance, the amount of the sale is returned to 3DGrayscale, without refund. The statute of limitations for outstanding sales is 5 years. After this period, the designer will no longer be able to claim payment for these obsolete sales.

3DGrayscale cannot be held responsible for cases of fraudulent sales. If a banking partner informs 3DGrayscale of a fraudulent sale, or if a user pays with a stolen card, this sale will be cancelled and the Creator will not be paid for this sale. Any sale is considered fraudulent if the buyer does not pay – at the time of the sale or later – the price of the creation.

3DGrayscale cannot be held responsible for any misrepresentation on the part of the seller resulting in an error concerning the applicable Tax rate.

Responsibility of 3DGrayscale

3DGrayscale makes no warranty for the choice of a final customer toward a creation given by the Creator.

Accordingly, 3DGrayscale can in no way be liable for any direct, incidental, indirect or consequential, that may suffer the Creator due to use or non-use of Creation, even if the parties have been advised of the possibility of such damages.

As the termination of this Agreement, 3DGrayscale shall cease using Creation and destroy from his computer system and its storage devices.

Information & Disclaimer

The creator agrees to be informed by this contract that the sale of rights to use his creation for making objects from this creation is likely to lead to a qualification creator merchant within the meaning of Article L121 -1 of the Commercial Code, requiring certain specific obligations, such as the entry in the Register of Commerce and Companies, the holding of a particular accounting, payment of applicable taxes, and compliance with the rules on invoicing.

Indeed, under Article L121 -1 of the Commercial Code: “Are those traders who carry out acts of commerce and make their own occupation”.
For the creator, repeat sales of the product of his or her work that generate substantial income can be regarded as an act of commerce and therefore fell within the scope of a regulated professional activity including the Labour Code, the Commercial Code and the General Code taxes.

Thus a person who usually sells his creations or any products on a marketplace and draws regular income, must create a business company. There is no minimum or maximum sales threshold. It is the regularity of the activity, its nature and profit organization set up to allow the justice to determine in each case these criteria and qualify some dealers traders.
In this case the creator, considered a professional seller would be required to meet the particular legal obligations above mentioned non- exhaustive way.

Consequently, the designer shall undertake to fulfill all tax and social security obligations related to the sale of his creations.
3DGrayscale is not seller, it only pays the Tax on its commission and therefore disclaims all liability for any fraud that may be made by creators outside the tax legislation applicable to traders.
3DGrayscale is authorized to disclose all necessary information to the tax authorities under request.

Law and Dispute Resolution

This Agreement is governed by US and foreign law.

The parties shall endeavor to settle amicably and in good faith any disputes that may arise between them on the interpretation, or partial performance or breach of this Agreement.

If the parties are unable to settle their dispute amicably, such dispute shall be submitted to a mediator for professional guarantees of independence, neutrality and impartiality.

For referral, it is sufficient that one of the parties mandated the mediator to arrange a meeting so that the other party must be present in the month following the request.

For the meeting, the mediator sends a registered letter with acknowledgment of receipt letter to each party. The parties will share equally the costs of intervention by the ombudsman and commit to attend at least one meeting with the mediator, to explore with its regulatory competition the most suitable solution to resolve the dispute.