CGSTUDIO END USER LICENSE AGREEMENT
CGStud.io (hereinafter referred to as the “CGStudio”) owns and operates the CGStudio website (hereinafter referred to as the “Site”). This End User License Agreement (hereinafter referred to as the “Agreement”) is a legally binding agreement between You (hereinafter referred to as “You” or “Your”) and CGStudio regarding the terms and conditions (hereinafter referred to as the “Terms”) that govern access and use of the Site and services offered by CGStudio. You must agree to, accept, and abide by the Terms if you wish to access and use the CGStudio Site and services; therefore, PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY.
CGStudio reserves the right to revise and update the Terms without notice from time to time, so you should read and review the Terms periodically. Your continued access or use of this Site after any such changes are posted will constitute Your acceptance of these changes.
Content: Any materials, which include, but are not limited to links, text, and electronic files published by CGStudio.
Member: Any individual or business that has created a user account on the CGStudio Site.
Product: Any materials, which include but not limited to electronic files available for sale or (free) downloading on the CGStudio Site.
Seller: Any individual or business that offers Product for sale or free download via the CGStudio Site.
API User: Any individual or business that possesses a valid API key and serves resell Product for the Seller at CGStudio.
API Client: The API User medium implemented to resell Product offered by the Seller via the CGStudio Site.
API Customer: Any individual or business that downloads or pays for Product via CGStudio’s API User.
Valid Sale: A sale for which payment is processed successfully either by CGStudio or the API Client.
USE OF THE CGStudio SITE
- Provide complete, correct, and up-to-date Member account information about You as may be requested through the registration and/or login form provided on the Site
- Protect and maintain the security of Your password and identification information
- Update Your registration data as well as any information You provide to CGStudio, to keep it up-to-date and complete
- Accept all risks of unauthorized access to information and registration data. You are solely responsible for providing protection and backup of any data and/or equipment You use in connection with the Site.
- Violate the legal rights of others, or harass, threaten, stalk, defame, or abuse others
- Originate or participate in the publication, posting, distribution, or dissemination of any illegal, obscene, or pornographic material or information
- Distribute, via upload or transfer, any files containing software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless You either own or control the rights to such materials or possess the legal consent(s) to do so
- Distribute, via upload or transfer, any files containing viruses, corrupted files or any malicious software or programs intended to damage or inhibit the operation of another computer
- Distribute, via upload or transfer, any files for which appropriate and legal author attributions, legal notices, or proprietary designations or labels have been removed or altered
- Obscure or otherwise falsify the source of software or other material contained in a file that You upload
- Download any file posted by another Member which You know, or reasonably should know, is illegal to distribute
SELLING ON CGStudio
- The Product is original work, and does not include copyrighted material of which the Seller is not exclusive owner
- Seller acknowledges the power and right to enter into and fulfill the Terms of this Agreement, and have obtained any third party consents required to enter into this Agreement
- The Product does not infringe on any third party patent or trade secrets, copyright, trademark, or other proprietary rights, publicity or privacy rights, or any moral rights
- The Product does not violate any law, statute, ordinance, or regulation
- The Product is not of a defamatory, libelous, pornographic, or obscene nature, nor will the Product be intended to evoke racial hatred of any kind
- The Product does not contain any viruses or other malicious programming that might interfere with computer systems or data
- All factual assertions that the Seller has made or will make to CGStudio are true and accurate. Upon Our request, the Seller will deliver any documents required that are evidence of or effectuate Our rights under the Terms of this Agreement.
- Reproduce, price, sell, and distribute net proceeds from any sale, on Seller’s behalf, in whole or in part; and to publicly perform or display , perform in digital fashion, or transmit for promotional and commercial purposes
- Develop and use samples of the Product for demonstration or promotion of Seller Product or those of CGStudio
- Use any trade names, trademarks, or service marks included in the Product in connection with Seller material
- Use the individuals’ names and/or likenesses that may be represented in the Content only as pertains to Your material
- The actual Product to download is not what it was advertised to be on CGStudio.
- Seller does not provide support for the Product in a timely manner.
- The transaction is determined by the payment processors (e.g., Credit Card Issuer or Paypal) to be a fraudulent transaction.
LICENSE AGREEMENT BETWEEN SELLER, MEMBER AND API CUSTOMER
- Allows content to be used in: Animations, illustrations or renderings, graphic design projects, film/video, TV, multimedia, commercials, live-performances, Internet, presentations, promotions, physical object production (e.g., toys, materials for books or videos, posters, t-shirts, etc.) for personal or promotional purposes, but not for resale, license or other distribution
- Also in it's 3D format in Software or video games as long as the Product is fully safeguarded and/or encrypted to protect Product access from the end user
- Allows usage of any trademarks, service marks or trade names included in the Product
- And any individuals name and likeness as represented in the Product
- Any part of the Product in a trademark, design mark, trade or business name, service mark, or logo
- Any product that results in a redistribution or re-use of the Product or that which is otherwise available to be extracted, accessed, or reproduced as an electronic file
- Any part of the source code contained within the Product to be reverse engineered, disassembled, or decompiled
- The actual Product to download is deemed defective.
- The Product does not live up to product description or product preview images.
- The Product specifications state additional file formats that cannot be provided by CGStudio or by the Author in less than 48h.
- CGstudio or the Author cannot offer assistance with defective Products and provide a non-defective Products in less than 48h since the Buyer's request.
You agree to indemnify, defend and hold harmless CGStudio and its affiliates, Member, API User and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “CGStudio Party”) from and against any and all claims, liabilities, losses, costs and expenses (including lawyers’ fees on a solicitor and client basis) incurred by any CGStudio Party in connection with any breach of this Agreement by You. At Your expense, CGStudio reserves the right to assume the exclusive defense and control of any matter that may be subject to indemnification by You, and in such case, You agree to cooperate with CGStudio’s defense of such claim.
TERM AND TERMINATION
This Agreement will be effective for the entire time You hold a Member account with CGStudio. CGStudio reserves the right at any time to modify, withhold, or terminate the Services, and/or Your use of or access to the Services, with or without notice. CGStudio may also delete, or bar access to or use of, all related information and files. CGStudio is not liable to You or any third-party for any modification, suspension, or termination of Services, or loss of related information. CGStudio reserves the right to amend these Terms at any time without notice.
By posting a change notice or a new agreement on the Site, CGStudio may modify any of the Terms and Conditions contained in this Agreement at any time at its sole discretion. Modifications may include, but are not limited to, changes in the scope of Site rules, payment processes, available commission rates, and incentive discount rates. IF YOU DO NOT ACCEPT ANY MODIFICATION, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. FOLLOWING THE POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE SITE, YOUR CONTINUED PARTICIPATION IN THE PROGRAM WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
DISCLAIMER OF WARRANTIES
YOU USE THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. CGStudio EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. - CGStudio DOES NOT WARRANT THAT (A) THE SERVICE WILL SATISFACTORILY MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE SECURE, UNINTERRUPTED, TIMELY, OR ERROR-FREE, (C) THE ACQUIRED RESULTS FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (E) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER THAT RESULTS FROM ANY MATERIAL YOU DOWNLOADED OR OTHERWISE OBTAINED AT YOUR OWN DISCRETION AND RISK THROUGH THE USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CGStudio, THROUGH OR FROM THE SERVICE, SHALL BE TANTAMOUNT TO ANY WARRANTY, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE AND THE LINKS. IN NO EVENT SHALL CGStudio OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE OR THE LINKS, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF CGStudio HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND FURTHER AGREE TO BE BOUND BY THE AGREEMENT TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND CGStudio, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND CGStudio RELATING TO THE SUBJECT OF THIS AGREEMENT.