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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.

Definitions
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

Use of the Site
The Site is a platform provided by CGStudio and is intended to be used only by Member to exchange ideas, promote, communicate, and trade of Product of art and computer graphics related. You may only use the Site for purposes related to Your business with CGStudio. The Terms of this agreement specifically prohibit You from the use of the Site or the Content of the Site for any purpose other than its intended purpose.
This Site may be used only for lawful purposes. You are prohibited from interfering with the security of the Site, or otherwise abusing this Site or any networks, system resources, or services that are connected to or accessed through the Site.
Member Account Information
Use of the CGStudio Site is contingent upon your agreement to the following:
  • 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.
Rules of Conduct
Any and all Content or Product You upload, post or otherwise transmit via the Site is Your sole responsibility. You agree that You will not use the CGStudio Site for any purpose that is illegal or not permitted by the Terms of this Agreement. You agree that when uploading to or communicating via the Site, You will not do any of the following:
  • 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
You acknowledge and accept that CGStudio does not screen, review, approve, or endorse third party communication, Content, or Product. CGStudio reserves the right, at any time and for any reason, to remove any communication, Content, or Product posted to the Site.
You agree not to use the Site in any way that could interfere with any other party's use and enjoyment of the Site or otherwise damage, disable, overburden, or impair the Site. You agree not to attempt to gain login information or gain unauthorized access to any other CGStudio Member accounts, or computer systems and networks associated with the Site, unless materials or information is made available or provided through the Site.
Managing Content and Product
CGStudio is not responsible for nor does it claim responsibility for reviewing communications or links to third-party websites or Content and Product that has been uploaded or otherwise transmitted to the Site. Regardless of the foregoing, CGStudio also reserves the right to delete, edit, or move any links, communication, or Content and Product which, through its sole discretion, CGStudio has determined is unacceptable. Any and all links, communications or Content and Product uploaded under Your Member name is Your sole responsibility. CGStudio is not obligated to, but retains the right in its sole discretion, to correct any mistakes or omissions found in any links, communications, Content and Product. You hereby acknowledge that any screening of links, communications, Content and Product by CGStudio is conducted only as a courtesy.
CGStudio respects others’ intellectual property requests that You do the same. We ask that you contact CGStudio if You believe that Your work has been copied in such a way that You believe there has been copyright infringement, or if You believe a violation of Your intellectual property rights has occurred.
You acknowledge and agree that CGStudio and its affiliates, Member, API User and third-party providers are free to modify, use or distribute Content and Product posted on the Site, with no restrictions, for promotional purposes, whether in its original format or used with any trademarks, service marks or trade names included in the Content and Product. You further represent and proclaim that You possess the proper authorization for worldwide distribution and processing of any information that You may provide on the Site between the CGStudio, its affiliates, Member, API User and third-party providers.
Ownership of Content and Product Submitted to CGStudio
You are solely responsible for the ownership of the Content and Product You submit on the CGStudio Site. CGStudio is not obligated in any way with respect to your Content and Product. CGStudio is not responsible for protecting the confidentiality of any Content and Product You provide in connection with this Site.
Termination of this Agreement
In its sole discretion, if CGStudio determines, at any time, that You are in breach of these Terms and Conditions of use, CGStudio may terminate this Agreement. Our termination of this Agreement may be in addition to other legally-available rights and remedies and those rights are reserved. Upon the termination of this Agreement, You must agree to destroy all downloaded or transferred materials via CGStudio immediately.

SELLING ON CGStudio

Ownership
Seller retains ownership of the copyrights and all other rights in Content and Product, subject to the non-exclusive rights granted to CGStudio under this Agreement. Seller is free to grant such rights to others during and after the time covered by this Agreement.
Representations and Warranties
Under the terms of this Agreement, the Seller represents and guarantees that:
  • 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.
TERMINATION
Using the above Representations and Warranties as guidelines, the license grant stipulated in this Agreement can be terminated. If any Product You submit violates the Representations and Warranties above, CGStudio reserves the right, notwithstanding those guidelines, to terminate this Agreement without notice at any time . Upon written notice using either regular mail or email, this Agreement may be terminated at any time by either party. Nothing in this Agreement shall be construed to mean that You may not submit or delete Product(s) you submitted in keeping with standard maintenance of Your account.
Rights Granted
By the act of delivering Product to us, Seller hereby grants non-exclusive, worldwide license in any medium known now or invented in the future to CGStudio and its affiliates, Member, API Users and third-party providers to:
  • 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
Revenue, Payments & Affiliate Commissions
Seller under
Of the final processed amount of the Valid Sale of Seller’s Product, Seller will be entitled to a revenue of 65%, but if the buyer is from the European Union and doesn't provide a valid VAT Number then the seller will be entitled to 60%. The remaining 35%, respectively 40%, of the Valid Sale amount will be deducted by CGStudio as a commission. CGStudio is hereby authorized by Seller to collect and distribute such royalties and commissions.
Revenue Payment
Before any payment can be made, the seller is required to set up billing information, including name, date of birth, identification number, address, city, country, digital signature and scan/photo of a valid passport, or national ID card for citizens of contries part of the European Eunion. In the case the seller is a company or has the ability to issue valid invoices, then the payment shall be made after the invoice is issued and submitted to CGStudio. The revenue payments of the total Valid Sale will be made on request (see Cahout Page) made by the Seller. There can be up to 3 request in a given month. Royalty payments will be made through Paypal (on request bank transfer). Minimum payment for Paypal: $50. All payments will be made in United States dollars. The Seller’s account will be charged any applicable taxes, bank and/or service fees or any other expenses incurred from the transfer, or the transfer will be made in a reverse fee manner.
Discount Offers
Seller will have access to discount tools to market their Product within their own discretion and marketing/sales strategies on CGStudio. Seller may set up any discount offers for their own Product(s); also the Seller agrees to offer a minimum 5% regular discount to Seller’s Product for PRO Membership users.
Sale Cancellation
The final right to cancel or refund a Valid Sale is held by CGStudio. Should a request be made, up to 30 days after the purchase was made, to return the Product for reasons not limited to those listed below, Seller shall make no appeals whatsoever:
  • 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.
Product Support
Seller will provide Product support if problems or questions arise. We expect that Members and API Users who have purchased Your Product(s) will be able to contact You for support via the internal message service provided by CGStudio or email, so You are required to provide a valid email address that is connected with Your Member account. You may also choose to communicate by phone or any other appropriate method.

LICENSE AGREEMENT BETWEEN SELLER, MEMBER AND API CUSTOMER

Product Ownership
Seller retains sole ownership and copyrights for Product(s) purchased or downloaded by Member or API Customer through CGStudio or API client, unless otherwise stipulated in the Seller’s custom license terms, which are subject to acceptance by Member and API Customer preceding or at the point-of-sale. As a seller of the CGStudio Site, You agree that any additional Seller requirements, EULA, license, or custom license details concerning the Product anywhere beyond that provided by CGStudio are invalid, void ab initio, and without effect as related to purchase of the Product.
License Grant for Transmission of Product
When the Seller provides CGStudio with any type of Product either for free distribution or sale, the Seller must grant to the Member and API Customer (or other end-user of the Product) who has purchased license rights to the Product through a Valid Sale, or free download of available Product submitted by the Seller, worldwide, non-exclusive, non-sublicensable, and non-transferable license for personal as well as commercial use for the following unless custom license terms are provided by the Seller:
Standard Product License (Royalty-Free)
  • 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
Editorial License (Royalty-Free)
Certain Product may be used only for journalistic, editorial, cultural, or otherwise newsworthy purposes. Member and API Customer understand and agree that regardless of whether additional licensing, rights, permissions, releases, or clearance may be necessary for the intended use of the Product or Content, the Product may contain material for which they do not hold rights. You are advised to consult with Your legal counsel for any questions regarding legal use. You acknowledge that You understand and agree to all of these Terms and assume complete and total liability for Your use of the Product. You further agree to hold harmless CGStudio in the event that any liability arises as a result of Your download and use of the Product.
Prohibited Uses
You may not publish, market, distribute, transfer, sell or sublicense the Product or rendered images thereof either in full or in any part including but not limited to those listed below:
  • 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
Refund/Exchange
CGStudio offers refunds for defective products purchased. Should a request be made, up to 30 days after the purchase was made, to return the Product for reasons listed below:
  • 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.
To submit a refund or exchange request please email us at [email protected] or via our Contact us page.
Returned Product
If a Member or API Customer returns any Product or Content acquired either through Valid Sale or free download, all license rights granted herein shall terminate and the Member and API Customer must immediately destroy any and all copies stored on any type of media under the Member or API Customer control or possession.

INDEMNITY

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.

ACKNOWLEDGEMENT

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.