CGDream is a tool that allows its users to generate visual content from text, images, 3D models, or combination of it, using AI. CGDream services are provided by UAB CGTrader, company code 302935696, address - Antakalnio st. 17, Vilnius, Lithuania.
By using our services, you agree to be bound by the following terms and conditions.
1. Definitions:
1.1. "Company," "we," "us," and "our" refer to CGTrader, the company providing the services.
1.2. "Services" refer to the services provided by the company, which allow you to generate images from text, other images or 3D models.
1.3. "User," "you," and "your" refer to the person or entity accessing and using our services.
1.4. “Seller” refers to users who make their 3D models available for purchase for content generation purposes.
2. Use of Services
2.1. By using our services, you agree to comply with these terms and conditions and any additional terms and conditions or policies that we may provide or make available from time to time.
2.2. You must be at least 18 years old to use our services. If you are using our services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these terms of service.
2.3. You may use our services only for lawful purposes and in accordance with these terms of service.
2.4. You agree not to use our services:
2.4.1. In any way that violates any applicable federal, state, local, or international law or regulation; for the purpose of exploiting, harming or attempting to exploit or harm minors in any way; to generate or disseminate verifiably false information and/or content with the purpose of harming or discriminating others; to generate or disseminate personal identifiable information that can be used to harm an individual; to defame, disparage or otherwise harass others; to create adult or violent content.
2.4.2. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
2.4.3. To impersonate or attempt to impersonate the company, a company employee, another user, or any other person or entity.
2.4.4. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our services, or which, as determined by us, may harm the company or users of our services or expose them to liability.
2.5. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
3. Free and Paid Services
3.1. CGDream services are provided as free or paid services. Features of free and paid offerings are described under the Pricing section of the site.
3.2. If you decide to subscribe for the paid services, you will be automatically charged a fee on a monthly basis. You may terminate your subscription at any time. No refunds will be issued if you decide to terminate in the course of the current subscription period.
3.3. We reserve the right to change pricing at any time by giving a 30 (thirty) days notice. If you do not agree with a new pricing, you may terminate your subscription at any time.
3.4. Prices of the services do not include taxes payable at the point of purchase (known as Value added tax (VAT), Goods and services tax (GST) or Sales tax). Company will charge the applicable taxes at the checkout.
4. User-Entered Scripts (Text)
4.1. You are solely responsible for the user-entered scripts (text) used to generate images using our services.
4.2. You agree to indemnify, defend, and hold harmless the company and its affiliates, directors, officers, employees, agents, and licensors from and against any claims, actions, suits, or proceedings, as well as any damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of our services, your user-entered scripts (text), generated images, or your breach of these terms and conditions.
5. Generated Material
5.1. The company uses open-source tools (such as Stable Diffusion, ControlNet Depth and Canny, Juggernaut XL, and similar) to generate visual content from user provided input. By using our services, you acknowledge and agree that the generated material is based on the user-entered text, uploaded 2D images and the licensed 3D models provided by the company or uploaded by the user.
5.2. The company does not claim ownership over the user provided inputs used to generate the material and the generated content. You own the generated content, to the extent permissible under current law.
5.3. If you use free services you may use the generated content for personal purposes. If you use paid services you may use the generated content for personal and commercial purposes.
5.4. By providing user-entered text and uploading images or your own 3D models you grant the company an irrevocable, worldwide, royalty-free, sublicensable, nonexclusive, perpetual (for the whole term of legal protection of the rights) license to use in any way (including training of artificial neural network models), reproduce, modify, distribute, transmit, display, communicate to the public, make available on computer networks, perform, adapt, create derivative works, and publish user-entered text and images to generate the material and generated content. You acknowledge and agree that we may use your user-entered text and uploaded images without attribution, where the context of use does not allow or make it unreasonably burdensome to attribute your authorship.
5.5. By making your content public you grant other users of CGDream an irrevocable, worldwide, royalty-free, nonexclusive, perpetual (for the whole term of legal protection of the rights) license to access and to use, reproduce, modify, display, perform, adapt, and publish your generated content and your user-entered text for non-commercial purposes (for user of free service), and for commercial purposes (for users of paid services), and to generate new content based on them. If you use paid services, you may choose to make your generated content private. The user may not use generated content, text prompts, or licensed 3D models for machine learning or training neural networks purposes.
5.6. The user is solely responsible for the content of the user-entered text, uploaded images and 3D models and must ensure that it does not infringe upon the intellectual property rights of third parties or violate any applicable laws or regulations.
5.7. If you believe that any content violates copyright or other intellectual property rights, please report an alleged infringement to IP_infringement@cgtrader.com. The company will investigate all the reports and will take appropriate action as required by applicable intellectual property laws.
5.8. The company does not guarantee the accuracy or quality of the generated material and is not liable for any errors, omissions, or damages arising from the use of the generated material.
5.9. The company may use the generated material for promotional or marketing purposes, provided that such use complies with applicable laws and regulations.
5.10. The user may use the generated material in accordance with applicable laws and regulations. However, the user may not use the generated material to create derivative works or modify the generated material in any way that would infringe upon the intellectual property rights of the company or any third party.
5.11. The user agrees to indemnify and hold the company harmless from any claims, damages, or liabilities arising from the user's use of the generated material, including any claims of infringement or violation of intellectual property rights.
6. Use of Licensed 3D Models
6.1. The company provides access to free or paid licensed 3D models, made available by other users, which can be used to generate visual content using the AI tools provided by the company.
6.2. Company does not own any 3D models made available for content generation, and users, who upload 3D models, retain ownership of the copyrights and all other rights in the 3D models, subject to the non-exclusive rights granted to the company and other users.
6.3. Users may also upload their own 3D models to the platform for use in generating visual content. By uploading 3D models to the platform, users represent and warrant that they have the right to use and license the 3D models and that the 3D models do not infringe upon the intellectual property rights of third parties.
6.4. Upon selecting to use licensed 3D models for content generation the users are granted (by owners of such 3D models) a non-exclusive, non-transferable, royalty free, worldwide license to use the 3D models for content generation and, in so far the generated content qualifies as derivative work:
- a right to reproduce, post, promote, license, sell, publicly perform, publicly display, digitally perform, or transmit it for personal purposes, if you use free services, or personal and commercial purposes, if you use paid services;
- a right to use any trademarks, service marks or trade names incorporated in the 3D models;
- a right use the name and likeness of any individuals represented in the 3D models only in connection with generated content.
When licensed 3D models are used, the generated content may not be published or sold through other stock media clearinghouses, unless it does not play a key role in the generated visual content.
6.5. The company does not guarantee the accuracy or quality of the licensed 3D models and is not liable for any errors, omissions, or damages arising from the use of the licensed 3D models or user-uploaded 3D models.
6.6. Certain 3D models with third party copyrighted or trademarked images, logos, brand names, etc., may require additional licensing, rights, permissions, releases, or clearance for use. It is the sole responsibility of the user and their legal advisor to determine, before purchasing or using any 3D models, whether additional licensing, rights, permissions, releases, or clearance are necessary for the intended use of 3D models. It is the user’s sole responsibility to obtain any licensing, rights, permissions, or clearance. Users should understand additional licensing, rights, permissions, releases, or clearance may be relevant for 3D models, if the intended use involves religious groups or affiliations, pharmaceuticals, health care, tobacco, liquor, adult entertainment, personal hygiene, birth control, or any other area that could be considered sensitive, offensive, or immoral.
6.7. The users may not perform automated mass download (crawling, data mining, scrapping or similar) technique for gaining access to 3D models which are offered as a free download or for purchase and to other generated content or text prompts.
7. Purchase of 3D models
7.1. The company may allow users to purchase 3D models to be used for content generation, which are made available for CGDream service by sellers offering their 3D models via the CGTrader platform (www.cgtrader.com). Upon purchasing such 3D models the user, following the payment of any applicable license fee, obtains a license to use the 3D models for content generation in accordance with the terms and restrictions specified in Clause 6.4. Any license rights relating to the 3D model are contingent upon the transfer of money from the user to the company.
7.2. All license rights terminate immediately and without notice if a sale is reversed for any reason.
7.3. If you gain access to 3D models by means of theft or fraudulent activity of any kind you are not granted any license.
7.4. The purchasing user may not use the purchased 3D models in a manner that infringes the intellectual property of any other party. The purchasing user may not reverse engineer any 3D models and must abide by the terms of the license granted to the purchasing user under these terms.
7.5. Prior to concluding the contract the purchasing user shall give express consent for delivery of the digital content (the 3D model) immediately after completion of the purchase and without waiting for expiry of the 14-day withdrawal term.
7.6. The company facilitates interaction between users who purchase 3D models and sellers by providing the marketplace platform available at the site. Company is not a party to the product purchase agreement between purchasing users and sellers. Payment transactions in relation to 3D model purchases are made from the purchasing user to the seller through company. In relation to these payment transactions, company is hereby authorised to conclude the sale of goods on behalf of only the seller. Accordingly, company is authorised by the seller to act as each seller’s payment collection agent for the purpose of accepting and transmitting orders and accepting and processing payments on behalf of the seller(s) from the user(s) purchasing 3D model. Company’s duties and authority does not extend beyond these actions. Receipt of order(s) and payment(s) by company from the user shall constitute satisfaction of the purchasing user’s obligations with respect to such under these Terms.
7.7. Irrespective of any previous relationship, and for the avoidance of doubt, any decision to purchase a 3D model and arrange for payment of the same shall be done by purchasing user alone, and acting in a principal capacity, and in respect of such company undertakes no fiduciary, implied, or otherwise further duties or functions on behalf of the purchasing user other than those detailed in the terms. Company does not act on behalf of the purchasing user in any capacity in relation to payment transactions.
7.8. Payment to the seller by company is subject to and condition upon successful receipt of the associated payments from the purchasing user. In accepting appointment as the limited payment collection agent of the seller, company assumes no liability for any acts or omissions of the seller and company only acts as intermediary service (hosting) provider and as payment collection agent for the seller. Both purchasing user and seller agree to such, authorise company to act in such a role, and to indemnify company for any loss associated therewith accordingly. Seller authorizes company to collect money from the purchasing user and distribute payment amounts to seller, tax authorities, or other entities as the case requires under this agreement and in compliance with legal regulations.
7.9. Purchasing user may choose any payment method supported by the Site for the purchased 3D models at the time of sale. Purchasing user may also make a prepayment to company and such prepayment shall be considered the same as payment made directly to the seller.
7.10. If a purchasing user is from a location where end buyer pays taxes at the point of purchase (known as Value added tax (VAT), Goods and services tax (GST) or Sales tax) company will detect purchasing user’s location and charge tax on behalf of the seller, which is applied in the particular location. Taxes will be deducted from the purchase price and transmitted to local tax authorities. Company will calculate and pay royalties to Sellers after deduction of taxes.
8. Disclaimer of Warranties
8.1. Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
8.2. We do not warrant that our services will be uninterrupted or error-free, nor do we make any warranty as to the accuracy, completeness, currency, or reliability of any information provided through our services.
8.3. We assume no responsibility for any damages to your computer, mobile device, or other equipment that result from your use of our services.
8.4. Being only a forum for exchange of 3D model licenses and generated content, company has no control over the quality or legality of any content on this site or the accuracy of any related information. It is your full responsibility to ensure and evaluate the quality and legality of any content and its use. You agree that company shall have no liability for any misrepresentation, incomplete statement or failure to disclose any content data, or for any claims arising from a transaction resulting from your use of the site or a business transaction you enter into using the site.
9. Limitation of Liability
9.1. In no event shall the company or its affiliates, directors, officers, employees, agents, or licensors be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of our services or these terms of service, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if the company has been advised of the possibility of such damages.
9.2. Where company provides possibility for the users to obtain (or purchase) 3D models for use of content generation, the company provides only a forum for exchange of 3D model licenses between the Seller and the purchasing user or the user uploading the 3D model and the user obtaining the 3D model. Thus company acts only as intermediary – hosting service provider – and cannot and shall not provide any warranty and accept any liability for any 3D model. The users are solely and exclusively liable for all 3D models that they upload, download and (or) otherwise provide or acquire to or from the Site.
10. Intellectual Property
10.1. Our services, including all software, code, designs, graphics, text, images, and other content, are owned by the company or our licensors and are protected by intellectual property laws.
10.2. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from our services, except as expressly permitted by these terms of service.
10.3. You may not use our trademarks, logos, or service marks without our prior written consent.
11. Governing Law and Jurisdiction
11.1. These terms of service shall be governed by and construed in accordance with the laws of Lithuania.
11.2. Any disputes arising from or in connection with these terms of service shall be resolved by the courts located in Vilnius, Republic of Lithuania.
12. Changes to Terms of Service or Services
12.1. We reserve the right, in our sole discretion, to modify or replace these terms of service at any time.
12.2. By continuing to access or use our services after any such modifications become effective, you agree to be bound by the revised terms of service.
12.3. We may make any changes in our Services by upgrading, removing, adding any functionality or features, as well as discontinue providing the Services at any time by giving you a reasonable notice.
13. Consumer protection related terms
13.1 If you are using the paid Services as a Consumer from European Economic Area (EEA), EEA consumer laws provide you with a legal guarantee covering the digital services we provide you. Under this guarantee, we’re liable for any lack of conformity that you discover:
- within two years of the delivery of the one-time supply of digital content or services;
- at any time during the “continuous” supply of digital content or services.
Your national laws may provide an even longer guarantee. Your rights under these legal guarantees aren’t limited by any other commercial guarantees that we provide. If you want to make a guarantee claim, please contact us at support@cgtrader.com.
13.2. If you’re an EEA-based consumer, you can also withdraw from these terms within 14 days of accepting them.
13.3. If you’re a resident of, or an organization based in, the EEA these terms are governed by the laws of your country of residence, and you can file legal disputes in your local courts. If you’re an EEA-based consumer, please contact us to resolve issues directly. The European Commission also offers an Online Dispute Resolution platform.