Standard 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 User 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, 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. Standard 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 CGartbin or the supplier of the Content, as the case may be.
3. Permitted Standard 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 4.4; 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, doll, 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 “CGartbin “ Client Relations for guidance.
4. Standard License Prohibitions
4.1 Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section or permitted by an Editorial. For greater certainty, the following are “Prohibited Uses” and User understands and agrees that User is prohibited from:
4.2 use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
4.3 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;
4.4 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;
4.5 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;
4.6 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 User the 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 it’s exist will refund your Purchase price.