Editorial Royalty License
1. Background of Agreement
(a) This Agreement and typing “I Agree” or otherwise signifying your acceptance, you accept this Agreement either for yourself or on behalf of your employer or the entity that is identified as the member account holder, and agree to be bound by its provisions. If you are accepting on behalf of your employer or the entity that is the User account holder, you represent and warrant that you have full legal authority to bind your employer or such other entity. If you do not have such authority or you do not accept or agree with these terms, do not accept the Agreement and do not download the Content.
(b) In this Agreement: (i) “you” or the “Client” means you or, if you are accepting on behalf of your employer or User account entity, then “you” means that employer or entity and affiliates; (ii) “CGartbin” or “we” means Gohitah Ltd T/a CGartbin, operator of the Site; and (iii) “Content” means any 3d model, digital model, textures, plugins, photographic image, 3d images, 3d print models, script, toys, game models, illustration, animation, film or video footage, visual representation generated optically, electronically, digitally or by any other means or in any media or other material that you are downloading from the Site, together with any accompanying material.
(c) This Agreement is set up as a user-determined document where you will choose to enter into either our standard royalty-free content license (the “Standard License”) or an Editorial license where one or more of the restrictions of the Standard License are amended for your proposed use of the Content (an “Editorial License”). At the end of this Agreement you will have the opportunity to select a “Standard License” or an “Editorial License”. The options for the Editorial License uses are dependent upon the Content and whether the supplier of the Content has opted-in to the Editorial license options. If you do not specify an Editorial License or there is no Editorial License option for the Content you have requested, your download of Content will be subject to the Standard License.
2. Editorial License Terms
We hereby grant to you a perpetual, non-exclusive, non-transferable worldwide license to use the Content for the Permitted Uses (as defined below). Unless the activity or use is a Permitted Use, you cannot do it. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Gohitah Ltd T/a CGartbin or the supplier of the Content, as the case may be.
3. Permitted Editorial License Uses
The Seller grants to the User who either purchases license rights to Content via a Valid Sale, or downloads freely available Content submitted by the Seller, a non-exclusive, worldwide, license in any medium now known or hereinafter invented to: (a) reproduce, post, promote, license, sell, publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes; (b) use any trademarks, service marks or trade names incorporated in the Content in connection with Seller material; and (c) use the name and likeness of any individuals represented in the Content only in connection with Your material. The User license to Content in this paragraph is limited to Incorporated Content. Such use or republication, including sale or distribution of Content that is not Incorporated Content is prohibited. For illustration, approved distribution or use of Content as Incorporated Content includes, but is not limited to:
3.1 As rendered imagery (still or moving), except as limited by 4.3; distributed as part of a feature film, broadcast, or stock photography or other stock media; that contain multiple elements such that the Content is a minority part of the overall composition.
3.2 As purchased by a game's creators as part of a game if the Content is contained inside a proprietary format and displays inside the game during play, but not for users to re-package as goods distributed or sold inside a virtual world.
3.3 As Content published within a book, poster, t-shirt or other item.
3.4 As part of a physical object such as a toy, sculptures or model.
User understands and agrees that certain Content may contain third party copyrighted or trademarked material and will require additional licensing, permissions, releases, or rights clearance for any non-editorial use. User and their legal advisors should consider this and obtain such rights, if necessary, before purchasing, downloading or using any Content.
If there is any doubt that a proposed use is a Permitted Use, you should contact “Gohitah Ltd T/a CGartbin “ Client Relations for guidance.
Particular restrictions for editorial Content
The editorial section provides news worthy content reflecting events from social, cultural and political scenes. Content downloaded under the Editorial section of our site Cgartbin, as well as content downloaded with our Royalty Free license can be used within editorial context as long as the current terms are met.
In addition to the restrictions above in (3), certain Content is marked "editorial" and has additional license restrictions. Members may only use Content marked "editorial" for legitimate, editorial purposes on some issue of journalistic, editorial, cultural or otherwise newsworthy value. Editorial uses include use of the Content in a news program, news-related website, or news-related video media. These restrictions do not apply if you otherwise have all the intellectual property rights necessary for your intended use (such as a company purchasing its own products, authorized advertising agencies, or licensees). The burden is on each user to confirm it has any rights outside of the editorial restrictions.
Special ethical considerations apply to editorial usage. Notwithstanding anything to the contrary herein, User understands and agrees that editorial Content likely contains third-party intellectual property. Such third-party intellectual property is not licensed by CGartbin or the Seller. CGartbin and the Seller are not affiliated with these third-parties in any way and the use of editorial content is strictly limited as set forth herein and by CGartbin editorial policies.
Additional requirements for Sellers:
Please note that editorial license content are meant to be an objective view of a specific event
You here by agree that the content submitted to CGartbin is not obtained in unlawful ways or that can enforce civil or criminal liabilities. You are solely responsible for how the content is produced and your activities will indemnify Cgartbin harmless of any claims from you or any third parties involved within the content.
Additional requirements for User:
Content included within the editorial section may include visible logos, or identifiable persons who didn't sign a model release document. You are solely responsible for the usage given to such images. Please consider that editorial images are not meant for commercial usage and using them in a commercial context is against editorial terms.
4. Editorial License Prohibitions
(a) Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section or permitted by a Standard. For greater certainty, the following are “Prohibited Uses” and user understands and agrees that User is prohibited from:
(4.1) use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
(4.2) resale or redistribution by the User of any Content obtained from CGartbin, whether For Sale or freely available for download, whether part of a Valid Sale or not, unless it is used as Incorporated Content as licensed above;
(4.3) selling, distributing, or licensing stock photography or stock media (or collection thereof) that features any Incorporated Content, whether For Sale or freely available for download, through an online stock photography/stock content clearinghouse website;
(4.4) use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;
(4.5) use Content identified as “Editorial Use Only”, for any commercial, promotional, endorsement, advertising or merchandising use. For clarification, in this Agreement “Editorial Use Only” of Content means use relating to events that are newsworthy or of general interest and expressly excludes any advertorial sections (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor);
(4.6) either individually or in combination with others, reproduce the Content, or an element of the Content or any other distribution that would require a written grant of rights greater than that contained in paragraph 3 above. User understands that all other rights or sub-divisions of rights generally included in copyright are excluded from this license and remain the property of Seller.
5. Returned content and refund
In the event a User returns any Content, whether acquired by Valid Sale or freely available for download, all license rights granted herein terminate and the User must immediately destroy any and all copies contained on any type of media under the control or possession of the Member. If user returns any Content acquired by Valid Sale within seven days (7) days of purchase, CGartbin will refund Userthe purchase price. However, it should be a valid reason for returning the content and CGartbin cannot be refund on change of mind. If product has any defect or problems, CGartbin specialist will try our best to solve the problem even if problem exist will refund your Purchase price.