Terms and Conditions

Introduction

These Terms of Use apply to www.3dHoudini.com and www.3dHoudini.in, (individually and/or collectively referred to as the “Website” or the “Site”). The Site is operated by 3D Houdini, Inc. (“3dHoudini”). Throughout the Website, the terms “we,” “us,” “our,” “3dHoudini” or “3dini” refer to 3D Houdini, Inc. 3dHoudini offers this Website, including all information, tools, and services available from this Website, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here

The Terms of Use are Binding

Your use of the Website and any services offered by us in connection therewith constitutes your acceptance of these Terms of Use, including its dispute resolution provisions, without modification.

This Site offers a wide range of services (“Services”) and sometimes additional terms (“Additional Terms”) may apply to your use of those Services. For example, purchasers, sellers, and dealers are subject to additional “Conditions of Sale” terms found here: http://www.3dHoudini.com/warranties. Certain portions of this Site may not be available to you unless you have registered. If you do not agree to be bound by these Terms of Use and the Privacy Notice found here: http://www.3dHoudini.com/privacy, you may not use this Site

You represent and warrant that you will not use this Site for any unlawful purpose or in a manner that violates these terms, conditions, and notices.

No other agreement exists between you and 3dHoudini relating to the sale of products or services to you through the Site.

Membership Eligibility

You are not permitted to access the Site or any of the Services if you are under the age of 18 or if your account has been suspended or removed by 3dHoudini for any reason.You may not have more than one active account at a time. Additionally, you are prohibited from selling, trading, or otherwise transferring your 3dHoudini account to another party. If you do not meet the foregoing eligibility requirements, you may not use the Site or Services.

Accuracy, Completeness, and Timeliness of Information on this Site

This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We may modify the content of this Site from to time, at our sole discretion. You agree that it is your responsibility to monitor changes to the Site.

Features and Functionality Provided by Third Parties; Third Party Terms; and Third Party ContentFeatures and Functionality Provided by Third Parties; Third Party Terms; and Third Party Content

Certain of the content, features, links, and/or functionality on the Site may be owned and operated by third parties (collectively, “Third Party Providers”). Your use of and interaction with such content, features, and functionality (collectively, “Third Party Content”) may be subject to separate terms and conditions. In that event, you acknowledge that these Terms of Use will not apply to your use of the Third Party Content and that you may be subject to and comply with the terms of use offered by such Third Party Providers. 3dHoudini does not control any Third Party Content and is not responsible for any Third Party Content. This Third Party Content is provided as a convenience to you and as an additional avenue of access to the information contained therein. Further, their inclusion on this Site does not imply any endorsement of third-party content by 3dHoudini and unless expressly disclosed, does not imply any sponsorship, affiliation, or association by 3dHoudini of any Third Party Providers YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT US

The term "Content" as used herein means any information, materials, postings, messages, data, information, text, files, images, photos, video, sounds, audiovisual works, expression, or other original works of authorship, and the selection, arrangement, and coordination thereof posted on, transmitted through, and/or made available, directly or indirectly, through the Website

We may review and delete any Content in our sole discretion including, without limitation, any content that violates these Terms of Use or any rule, regulation, or law, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others. The following is a non-exhaustive list of the kind of Content that may be deleted, or deemed illegal or prohibited, and you agree not to post any content that:

Use of Materials on this Site

All Content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, compilation, magnetic translation, digital conversion, code and software, as well as the selection and arrangement thereof) (collectively “Content”), is the exclusive property of and owned by 3dHoudini, its licensors, and/or as applicable, Third Party Providers, and is protected by copyright, trademark, and/or other applicable proprietary or intellectual property laws. You may access, view, copy, download, and print the Content contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download, or print. Any other use of Content on the Site, including but not limited to the copying, downloading, modification, distribution, transmission, performance, broadcast, publication, display, posting, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to 3dHoudini, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. 3dHoudini reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site, or prohibit any person from using this Site for any reason whatsoever. 3dHoudini, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide thismaterial to you under a license that is revocable at any time in 3dHoudini’s sole discretion. 3dHoudini neither warrants nor represents that your use of materials on this Site will not infringe the rights of third parties not affiliated with 3dHoudini.

You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data, or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. 3dHoudini reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which 3dHoudini may be entitled at law or in equity.Permission is hereby granted to the extent necessary to lawfully access and use the Site and/or any associated Content solely as needed for you to access and/or use the Site in accordance with this Agreement

Disclaimer

Notwithstanding anything else to the contrary contained in these Terms of Use or elsewhere on this Website, 3dHoudini reserves the right, in its sole and absolute discretion, to revoke any offer on, or rescind and unwind any transaction relating to, the purchase, sale or trade of, any watch that 3dHoudini determines has been incorrectly priced, listed, marked, described or otherwise detailed on its website, whether from human or technological error or otherwise. In such event, the customer agrees to abide by the terms and conditions of such revocation, rescission, or unwinding, and each of 3dHoudini and the customer shall return any and all monies or goods delivered to it in connection with such transaction and, to the extent such error was caused by 3dHoudini or its affiliates, employees, agents or representatives, 3dHoudini shall be responsible for all shipping charges incurred by the customer in connection with such return

The information displayed on this Site including, without limitation, prices, appraisals, and/or other financial information, is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any transaction based on information obtained through the Site, you should consult with a financial professional or engage in additional market research. If applicable, location data provided by any Services is for basicnavigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, or incomplete location data may lead to death, personal injury, property or environmental damage. Neither us, nor any Third Party Providers guarantees the availability, accuracy, completeness, reliability, or timeliness of information or data displayed by the Site. The information and all other materials available via the Site are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate or take professional advice on the accuracy and completeness of all information, statements, opinions, and other material available through the Site.

Content you Submit Through the Website

You acknowledge that you are responsible for any Content you may submit via the Site, including the legality, reliability, appropriateness, originality, and copyright of any such Content. You may not upload to, distribute or otherwise publish through this Site any Content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of anyparty or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any Content. You may not upload commercial content onto the Site

If you do submit Content, and unless we indicate otherwise, you grant 3dHoudini, its agents, affiliates, and subsidiaries (individually and/or collectively, “affiliates”) an unrestricted, worldwide, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, edit, adapt, publish, translate, create derivative works from, publish, post, distribute, display, data process and/or otherwise use such Content in anymedia including, without limitation, on this Website and/or any social media platforms owned or controlled by 3dHoudini (“License”). You further agree that 3dHoudini is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to 3dHoudini. You grant 3dHoudini the right to use the name you submit in connection with such material if we so choose. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; and that use of the Content you supply does not violate any provision herein and will not cause injury to any person or entity. You hereby release and hold harmless 3dHoudini, its parents, affiliates, subsidiaries, agents and advisors, and their respective employees, partners, officers,directors, shareholders, contractors, agents, and representatives from and against any and all losses, damages, rights, claims, and actions of any kind arising in connection with their use of your Content and that you will indemnify 3dHoudini for all claims resulting from Content you supply

To the extent that your Content contains your name, voice, or image and any quotes attributable to you, and any such photos, videos, or audio recordings of or by you as described herein, your License includes 3dHoudini’s right, whether or not 3dHoudini exercises this right, to use your name, voice, or image, or any quotes attributable to you. We reserve the right not to use any Content. You waive all rights related to our use and release, discharge, and hold harmless 3dHoudini, its officers, directors, employees, partners, agents, contractors, successors, and assigns from any claims, causes of action, damages, costs, or expenses of any sort arising out of or connected with the use of your name, voice, or image, or any quotes attributable to you.

Intellectual Property Copyright Policy

The Site and Content and information available via the Site are protected by copyrights and are owned by 3dHoudini or third parties and used by 3dHoudini with authorization. You may not reproduce, perform, display, distribute, create derivative works from, republish, upload, post, or transmit, any such copyrighted materials without our express, prior, written consent, or as otherwise provided herein or by applicable law.You are hereby informed that 3dHoudini has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of 3dHoudini account holders who are repeat copyright infringers.If you believe that your Content has been copied and posted through the Site in a way that constitutes copyright infringement, please provide us with the following information:

Please send any such requests to 3dHoudini: 3dHoudini 136 Wall Street Lead, SD 57754,

EMAIL: hello@3dHoudini.com 3dHoudini may update these addresses from time to time

Trademarks

The trademarks, service marks, logos, and/or other indicia (individually and/or collectively, the “Trademarks”) appearing on this Site are the registered and unregistered trademarks of 3dHoudini, its licensors, content providers, Third Party Providers, or other third parties. All of these Trademarks are the property of their respective owners and are protected by federal and state law in the United States, and/or international laws, and may not be copied, used, reproduced, redistributed, advertised, published, posted, or imitated without the express, written permission of the owners. 3dHoudini’s Trademarks include, without limitation, the following: 3dHoudini, 3dini, 3dini Wallet, and 3dini Babies.

Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site, without the prior written permission of the Trademark owner. 3dHoudini aggressively enforces its intellectual property rights to the fullest extent of the law.

Changes to the Terms of Use

We may, at our sole discretion, add, modify, or delete portions of this Agreement from time to time and will provide you with ten (10) days's notice of any such changes by notification via e-mail. If you have not provided 3dHoudini with your e-mail address, we will notify you via this Website. Your continued use of the Website following the notification of changes to this Agreement constitutes your acceptance of any changes. It is your sole responsibility to review this Agreement for changes prior to your accessing and/or use of this Site.

Data Protection Consent

By agreeing to this Agreement, you agree to the terms of our Privacy Notice, which is available at http://www.the3dHoudini.com/privacy/ is hereby incorporated by reference. Before using this Site, please read the Privacy Notice, as your use of this Site constitutes acceptance of the descriptions provided in that Notice. All personal data provided to us as a result of your use of the Site will be managed in accordance with our Privacy Notice and this Agreement.

We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail, or any other form of transmission for the purposes of quality control, security, and other business needs.

YouTube ServicesYou hereby consent to the use of YouTube's Terms of Service for their API Clients

Force Majeure

3dHoudini shall be excused from performance under this Agreement, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of 3dHoudini. In the event that 3dHoudini is temporarily unable to ship to you a purchased item because of such an event, 3dHoudini will make commercially reasonable efforts to give you the option of deferring shipment or receiving a refund of your charges.

Electronic Communication

When you use the Site, or Service or send emails to 3dHoudini, you are communicating with 3dHoudini electronically. You consent to receive communications electronically from 3dHoudini. 3dHoudini will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Majeure

3dHoudini’s Employment Information

3dHoudini also may make employment information available through this Site. 3dHoudini is an equal-opportunity employer. 3dHoudini provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status, or disability. 3dHoudini policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits, and participation in all company-sponsored employee activities.

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE OR THE CONTENT AVAILABLE THEREFROM INCLUDING, BUT NOT LIMITED TO, THE ESTIMATED MARKET PRICES AND ANY QUOTES, WHICH ARE PROVIDED FOR USE WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED PER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY OR WHETHER ARISING OUT OF CUSTOM OR USAGE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, PERFORMANCE, SECURITY, REASONABLE SKILL AND CARE, OUTCOME, RESULTS, INTEGRATION, MERCHANTABILITY, AND QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE, MATERIALS, ANY THIRD PARTY CONTENT, AND ALL CONTENT ASSOCIATED WITH THE FOREGOING INCLUDING, BUT NOT LIMITED TO, THE ESTIMATED MARKET PRICES AND ANY QUOTES.

WE DO NOT WARRANT THAT THE WEBSITE OR ANY CONTENT ASSOCIATED THEREWITH WILL BE FREE OF ANY HARMFUL COMPONENTS INCLUDING VIRUSES OR DEFECTS. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THE WEBSITE OR ANY CONTENT AVAILABLE THEREFROM INCLUDING, BUT NOT LIMITED TO, THE ESTIMATED MARKET PRICES AND QUOTES, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA, INCLUDING INFORMATION AND DATA SUBMITTED TO YOU IN CONNECTION WITH A QUOTE OR ESTIMATED MARKET PRICE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT THE SECURITY AND INTEGRITY OF YOUR SYSTEMS AND DEVICES AND ARE RESPONSIBLE FOR THE COSTS OF ANY SERVICES, REPAIRS, OR CONNECTIONS THAT MAY BE NECESSARY OR ADVISABLE AS A RESULT OF YOUR USE OF THE WEBSITE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WBQ USA, LLC, ON BEHALF OF OUR EMPLOYEES, PARTNERS, AGENTS, DIRECTORS, SHAREHOLDERS, AND/OR CONTRACTORS, EXPRESSLY EXCLUDES AND DISCLAIMS LIABILITY FOR ANY AND ALL LOSSES, DAMAGES, AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE INCLUDING, BUT NOT LIMITED TO, YOUR USE OR RELIANCE UPON THE ESTIMATED MARKET PRICES OR ANY QUOTES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS, AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF 3DHOUDINI OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

In no event shall our total liability to you for all damages, costs, and fees other than as may be required by applicable law in cases involving personal injury exceed the amount of fifty dollars $50.00. The foregoing limitations will apply even if the above-stated remedy fails in its essential purpose.

This Agreement gives you specific legal rights and you may also have other rights which vary from country to country. As noted above, some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in this Agreement may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case, the limitations and exclusions set out in this Agreement shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.