Terms & Conditions

Terms and Conditions

Welcome to Alfa Monkey! These Terms and Conditions govern your use of our website and services. By accessing or using our website, you agree to be bound by these Terms and Conditions, which form a legally binding agreement between you and Alfa Monkey. Please read these Terms carefully before using our services.

These terms contain important information regarding your legal rights, obligations, and limitations. If you do not agree with any part of these terms, you should not use our website or services.

Throughout these Terms, “we,” “us,” or “Alfa Monkey” refers to Creative Trails s.r.o. (registered address – Hornopočernická 245/23, Kbely, 197 00 Praha 9, Czechia, office address – 1st Floor, Krakovská 1392/7, 110 00 Nové Město, Czechia, phone number +420234260880) operates this website, and “you” refers to the user or visitor accessing or using our services.

Please note that in addition to these Terms and Conditions, certain sections or services on our website may have their own specific terms, policies, or guidelines that you must also comply with. In case of any conflict or inconsistency between these General Terms and any specific terms, the latter shall prevail.

If you have any questions or concerns about these Terms and Conditions or any aspect of our services, please contact us at [email protected].

By continuing to use our website and services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions and any additional terms and policies applicable to specific sections or services. Your continued use of our website constitutes your ongoing acceptance of these Terms.

Thank you for choosing Alfa Monkey. We hope you have a pleasant experience using our services!

These Terms have legal implications that govern your rights and responsibilities. Prior to utilising the services of Alfa Monkey, we kindly request you review and understand these Terms thoroughly.

Please be aware that all images on Alfa Monkey are for illustrative purposes and are not actual photos of our employees, office, or facilities.

DEFINITIONS

Buyer:  Refers to a Member who purchases products, either paid or available free of charge, from the Site, either for personal use or on behalf of a legal entity. 

Alfa Monkey: Refers to Creative Trails s.r.o., 19466129, Hornopočernická 245/23, Kbely, 197 00 Praha 9, Czechia, office address – 1st Floor, Krakovská 1392/7, 110 00 Nové Město, Czechia. 

Content: Encompasses any material published on the Site, including, but not limited to, wire files, models, textures, collections, packages, materials, shapes, and any other information.

General Terms: Encompasses the entirety of these General Terms and Conditions, including all terms and information accessible through any links provided in this document.

Member: Includes any person who creates a user account on the Site.

Product: Denotes any Content uploaded by a Seller to the Site’s Shop section, offered by the Seller to potential Buyers for purchase or free download. 

Descriptor: The name ALFAMONKEY.COM will be displayed on your bank/credit card statement following your purchase of a Product.

Seller: Refers to Alfa Monkey, operates as a company, and, during economic activity, uploads Products to the Site’s Shop section, offering them for sale or free download.

Site: Refers to the website alfamonkey.com.

GENERAL TERMS OF USE OF THE SITE

Licence to Use This Site

1.1. This agreement will become effective upon creating your Account and will remain in effect for the duration of your Account. By registering for an Account, you confirm that you are either a legal entity or an individual aged 18 years or older capable of forming legally binding contracts. When a Buyer purchases without creating an account (guest check-out), the Agreement becomes effective and binding upon completion of the sale.

1.2. This Site is protected by copyright law. You are granted the right to use the Site for your personal, non-commercial internal use only unless specifically licensed to do otherwise by Alfa Monkey or unless it is expressly indicated otherwise.

This right to use the Site constitutes a licence and does not transfer title, and you may not, nor permit anyone else to:

  • Modify the Site or use it for any commercial purpose or public display, performance, sale, or rental.
  • De-compile, reverse engineer, or disassemble the Site or create derivative works based on the information published on the Site.
  • Remove any copyright or other proprietary notices of Alfa Monkey.
  • Mine, hack, spider, or survey the Site.
  • Copy any proprietary information or ideas from the Site.
  • Transmit spam, bulk, or unsolicited communications.
  • Pretend to be Alfa Monkey or someone else or spoof Alfa Monkey’s or someone else’s identity or spoof the Site.
  • Forge headers or otherwise manipulate identifiers (including URLs) to disguise the origin of any Content published on the Site.
  • Misrepresent your affiliation with a person or entity.
  • Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other Site users’ ability to use the Site.
  • Engage in activities that would violate any fiduciary relationship, any applicable local, national, or international law, or any regulations having the force of law. This includes but is not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm.
  • Collect or store personal data about other users unless specifically authorised by such users.
  • Collect or store Site data for any other purpose except as explicitly allowed herein.

1.3. You agree to prevent any violations of these General Terms, including the licensing terms for the Site.

Site Ownership

2.1. The content displayed on the Site is valuable and copyrighted proprietary material owned by Alfa Monkey and/or its Members. Any form of copying, reproduction, modification, publication, uploading, posting, transmission, or distribution of this material is strictly prohibited without Alfa Monkey’s prior written permission. Except for the rights explicitly granted herein, Alfa Monkey and its suppliers do not provide you with any express or implied right under any patents, registered design, copyrights, trademarks, or trade secret information belonging to Alfa Monkey.

Furthermore, Alfa Monkey’s logos, slogans, and trademarks, whether registered or unregistered, are considered the intellectual property of Alfa Monkey. Unauthorised use of these trademarks is not permitted without Alfa Monkey’s specific written consent.

Respect for intellectual property rights is of utmost importance, and any unauthorised use or distribution of copyrighted material or trademarks is subject to legal action and penalties.

Members

3.1. By using the Site, you agree to the following terms:

  • Provide accurate, current, and complete information about yourself when registering or logging in (referred to as “Registration Data”).
  • Safeguard the security of your password and identification.
  • Keep your Registration Data and any other information you provide to Alfa Monkey accurate, current, and complete by promptly updating it.
  • Assume all risks associated with unauthorised access to your information and Registration Data. You are solely responsible for adequately protecting and backing up any data and/or equipment connected with the Site.

3.2. You are responsible for all activities conducted under your Member user ID. You are responsible for maintaining the confidentiality of your user ID and password.

3.3. By signing up for this Site, you agree to register using a valid email address you are entitled to, and any temporary email service should not host it.

3.4. Alfa Monkey may provide interactive areas (such as blogs, forums, etc.), and the content shared in these areas is not considered confidential. Exercise discretion before sharing any personal information in these interactive areas of the Site. Users of interactive areas are solely responsible for their posted content and its consequences. Alfa Monkey holds no liability for such content and its consequences.

3.6. The Site may not be accessed or used by any person, entity, or group designated for sanctions under economic sanctions laws, regulations, and orders imposed by the European Union, the United States, or other countries. By accessing and using the Site, you expressly represent that you are not subject to any trade sanctions or embargo, including, but not limited to, being designated for sanctions or inclusion on any restricted lists maintained by the U.S. Department of the Treasury, Office of Foreign Assets Control, the European Union, or any UN Security Council resolution identifying sanctioned or restricted parties. You will be held fully liable to the extent of the law for any violations of this provision, and you agree to defend, indemnify, and hold Alfa Monkey harmless from any damages and liability arising from such violations.

3.7. All internal communication with other Alfa Monkey members should take place within the Site, and sharing contact details is not permitted.

Determining and Changing the Type of Content

4.1. Alfa Monkey reserves the sole and absolute right to monitor, edit, prohibit, or remove any Content on the Site at its discretion and without prior notice for any reason. It is essential to note that this right does not impose an obligation on Alfa Monkey to oversee the accuracy and quality of the Content.

In summary, Alfa Monkey reserves the authority to manage and adjust the Content on the Site as it deems appropriate, without any obligation to monitor its accuracy and quality constantly. Additionally, Alfa Monkey utilises content categorisation strategies to optimise customer experience and sales, and the Seller consents to this practice.

Privacy and Security

At Alfa Monkey, safeguarding your privacy is of utmost importance, and we treat it seriously. We are committed to never selling, sharing, or disclosing any of your personal information to any third party. The information collected during the sign-up process is exclusively used to improve your experience on the Site and for troubleshooting purposes. The detailed principles governing the processing of personal data are clearly outlined in our Privacy Policy. Rest assured, your privacy and security are our top priorities, and we adhere strictly to the principles established in our Privacy Policy.

Termination of this Licence

7.1. Alfa Monkey retains the right to unilaterally terminate this licence for the use of the Site at any time, without prior notification, should you be found in violation of any of the terms and conditions of use, as determined at the sole discretion of Alfa Monkey. This termination of the licence is separate from any other rights and legal remedies available to Alfa Monkey, and such rights are reserved. In the event of such termination, you are required to promptly and completely dispose of all information acquired from the Site.

Notifications

All notifications from Alfa Monkey will be sent to your notifications section within your profile dashboard (accessible here) or via the email address you provided to Alfa Monkey during your account creation or any subsequent updates. By accepting these terms, you acknowledge and agree that Alfa Monkey reserves the right to choose between these specified notification methods and is not obligated to notify you through any other means. Rest assured, any important communications from Alfa Monkey will be directed to the designated notification channels for your convenience and awareness.

Contests and Promotions

If Alfa Monkey organises any contests or promotions on the Site, they may be subject to their own official rules, which could include specific eligibility requirements such as age restrictions or geographic limitations. By choosing to enter or participate in such contests, you agree to abide by those official rules. It is essential for you to carefully read and understand the relevant rules to ascertain whether your participation, registration, or entry meets the necessary criteria or is subject to any restrictions and to be aware of any requirements set forth by the sponsor. Participation in these contests is entirely voluntary, and the participant’s responsibility is compliance with the official rules.

WARRANTIES AND LIABILITY

General Information

11.1. This section contains crucial information concerning the liability of Alfa Monkey that every Member should carefully read and, if needed, seek guidance from a legal advisor.

Limitation of Liability

In no event shall Alfa Monkey or any of its affiliates, or their respective officers, shareholders, partners, representatives, agents, and employees, be liable for any direct, indirect, punitive, special, incidental, exemplary, or consequential damages or any damages whatsoever (including, without limitation, damages for loss of use, data, information, profits, or business interruption) arising out of or in any way related to the use or performance of this Site, any linked website, or any Content or other material obtained through this Site, or arising from your inability to use this Site or any decision made or action taken by you in reliance on any information, advice, or materials on this Site, whether such damages are based in tort, contract, negligence, strict liability, or otherwise, even if Alfa Monkey has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the Site, even if this remedy fails of its essential purpose. As some jurisdictions may not allow the exclusion or limitation of liability to a certain extent, some of the above exclusions or limitations may not apply to you.

No Warranty

14.1. Alfa Monkeydiligently endeavours to ensure that all material, information, and data on this Site are accurate and reliable; however, complete accuracy cannot be guaranteed.

14.2. This Site is provided by Alfa Monkey on an “as is” basis. Alfa Monkey disclaims all applicable warranties, express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement for the Site and all Content. Alfa Monkey makes no warranty or representation regarding the results that may be obtained from the use of this Site or the information and data downloaded or otherwise obtained from it. Additionally, Alfa Monkey does not guarantee that this Site or any Content or other material obtained through its use will be timely, secure, uninterrupted, or error-free. Alfa Monkey is not responsible for the timeliness, deletion, misdelivery, or failure to store any user communication.

14.3. By accepting these General Terms, you acknowledge and agree that your use of this Site and/or Content is at your own discretion and risk, and you are solely responsible for any resulting damage from the download and use of any Content.

14.4. Alfa Monkey does not warrant or guarantee that the Content or other materials and information available through this Site will be free of infections, viruses, worms, Trojan horses, or other harmful code. It is advised that you take appropriate precautions against such code and/or software.

14.5. Alfa Monkey holds no liability to users and Members of this Site for any damage resulting from the use of this Site or the Content obtained from it. Alfa Monkey is not responsible for the conduct of users or Members of this Site or for the Content posted or exchanged on this Site.

14.6. No advice or information, whether oral or written, obtained from Alfa Monkey or through this Site shall create any warranty.

14.7. As Content is delivered via the Internet, there may be circumstances where the delivery of Content is delayed. Alfa Monkey will not be liable for any delays in delivery or performance caused by your failure to provide necessary and accurate information in a timely manner or by circumstances or causes beyond Alfa Monkey’s reasonable control.

Third-Party Web Sites

This Site may contain links to other websites that are not maintained by or related to Alfa Monkey. These links are provided solely as a service to our users and Members. Alfa Monkey does not imply any approval, association, sponsorship, endorsement, or affiliation with any linked or linking website, either directly or indirectly. Alfa Monkey has not reviewed all third-party websites and does not assume responsibility for their content, accuracy, or policies. If you choose to access or interact with any other pages or websites linked from this Site, you do so at your own risk.

Other Terms

16.1. Alfa Monkey retains the right to modify, suspend, or terminate the services provided at the Site, in whole or in part, as well as your access to or use of them, with or without notice. Additionally, Alfa Monkey may delete or restrict access to related information and files. Alfa Monkey shall not be liable to you or any third party for any modifications, suspensions, or terminations of the services or for the loss of related information. Alfa Monkey reserves the right to amend the General Terms, Privacy Policy, and Refund Policy at any time without prior notice, with all updates posted on this URL. You are advised to review these terms and conditions before using the Site.

16.2. The laws of Czechia govern the General Terms, Privacy Policy, and Refund Policy, as well as any other terms of the Site, without regard to any choice of laws or conflicts of law provisions. You consent that any legal action arising from or related to this Site, the General Terms, Privacy Policy and Refund Policy shall be exclusively brought before the courts located in Czechia, and you agree to the exclusive jurisdiction of such courts. The United Nations Convention for the International Sale of Goods does not apply to this agreement.

16.3. If any provision of the General Terms, Privacy Policy, and Refund Policy is held invalid, void, or unenforceable for any reason, that provision shall be severed, and the remaining conditions shall remain in force to the fullest extent provided by law.

16.4. Any waiver of any portion of the General Terms, Privacy Policy, and Refund Policy will be effective only if in writing and signed by an authorised officer of Alfa Monkey. This constitutes the entire agreement pertaining to Content and your use of the Site.

16.5. The General Terms do not create any partnership, joint venture, employer-employee, or franchisor-franchisee relationship between you and Alfa Monkey.

TERMS OF USE OF 3D PRINTING MODELS

Applicability

17.1. By purchasing the Product on the Site, the Seller agrees to abide by the terms stated herein. Similarly, by purchasing Products on the Site, the Buyer agrees to the terms outlined herein.

17.2. These terms apply in conjunction with the General Terms.

Rights, Obligations, and Representations of the Seller

18.1. The Seller may only upload Content they own or have the right to use and upload. 

18.2. By uploading a Product, the Seller represents that the Product and its use, as permitted by the General Terms, do not infringe upon the intellectual property rights of any other party. The Seller further represents that they have obtained all necessary model or property releases for the use and licensing of the Product. A seller should seek legal advice to determine if a particular model or property release form is necessary for uploading a specific Product or for a particular use of a Product. If a Product is uploaded without a required release, its licensing may be adversely affected.

18.3. Seller is responsible for keeping backups of their uploaded Products at all times. The files uploaded to the Site cannot be used as a backup source.

18.4. The Seller retains ownership of the copyrights and all other rights in the Product uploaded to the Site. 

18.5. By uploading a Product to the Site, the Seller represents and warrants that:

  • The product is their original work and does not contain copyrighted material that they are not the exclusive owner of;
  • they have the authority to enter into and perform this agreement and have obtained all necessary third-party consents;
  • The product does not and will not infringe on any third party’s intellectual property or other rights;
  • The product does not violate any laws, statutes, ordinances, or regulations;
  • The product is not defamatory, libellous, pornographic, obscene, or incite racial hatred;
  • The product does not contain viruses or other programming routines that interfere with computer systems or data;
  • the Product does not require additional licence restrictions, such as publishing source code or limiting the commercial exploitation of the Incorporated Product;
  • all factual assertions made are true and complete. The Seller agrees to provide necessary documents to the Buyer to evidence or effectuate their rights under this agreement.

Rights, Obligations, and Representations of the Buyer

19.1. The Buyer may only use the Product downloaded from this site in a manner that does not infringe upon the intellectual property rights of any other party. Reverse engineering of any Product is strictly prohibited, and the Buyer must adhere to the terms of the licence granted to them under this General Terms and any additional Seller terms included with the Product.

19.2. The Buyer shall not engage in automated mass downloading (crawling) techniques to gain access to Products offered as free downloads. Furthermore, Products offered as free downloads shall not be used for machine learning or training neural networks purposes.

19.3. After payment of any applicable licence fee for a Product, the Buyer may download the Product from the Site and use it in accordance with the applicable licence terms. The Buyer is responsible for ensuring that their use of the Product complies with all applicable laws and regulations and does not infringe upon the rights of third parties, including intellectual property rights.

19.4. Prior to concluding the contract, the Buyer shall expressly waive their 14-day right of withdrawal concerning digital content (the Product).

19.5. In cases where the Buyer intends to order and buy products in bulk, Alfa Monkey may assist the Buyer in manually completing the purchase process at the Site to effect the sale of Products (e.g., adding Products to the shopping cart in bulk).

CONTACT US

If you have questions about these Terms, please contact us at 1st Floor, Krakovská 1392/7, 110 00 Nové Město, Czechia.

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