WEB STORE CONTENT CREATOR LICENSE AGREEMENT
Parties / Subject Matter
This agreement is a non-exclusive, legally binding license agreement between the content creator that uploads an asset to the 3DModels-Textures web store and 3DModels-Textures, 19320 Kladovo, Granicarska 10/3.
3DModels-Textures can be a content creator too, if offering an asset.
Agreement between 3dModels-Textures and Content Creator
To use the 3DModels-Textures web store to distribute assets, the content creator must first agree to this agreement by accepting it at the 3dModels-Textures website. It is not allowed to distribute assets on the 3DModels-Textures web store if the agreement has not been accepted.
Content Creator's Data Usage
The entire set of personal data of the content creator will be used for communication between content creator and 3DModels-Textures only. A part of it (name and support contact data) will be available to customers.
In a case of a copyright infringement 3DModels-Textures will forward content creators name, address and other contact details to any third party that reasonably claims that the content creator does not have all intellectual property rights, including all necessary patent, trademark, trade secret, copyright or other proprietary rights, in and to content creator's assets.
Other than that, personal data will not be made available to any other third party.
The content creator agrees to receive 70 (seventy) percent of the sales price (less any refunds, transfer fees, levies, VAT or the like). The remaining 30 (thirty) percent will be retained by 3DModels-Textures.
Payments will be made monthly via PayPal accounts. Balance will be calculated by 3DModels-Textures and can be monitored by the content creator via web page. Content creator is solely responsible for payment of any taxes, levies, VAT or the like on any payments it receives from 3DModels-Textures regardless of which taxing jurisdiction that has the authority to collect such taxes, levies and VAT or the like.
The content creator authorizes 3DModels-Textures to give the customer a full refund of the asset price if the Customer requests the refund within 1 (one) week after purchase. In the event that a customer returns any asset and/or receives a refund, all license rights granted herein terminate and under the EULA the customer must immediately destroy any and all copies contained on any type of media under the control or possession of the customer.
Content Creator Support
The content creator will be solely responsible for support and maintenance of content creator's assets and any complaints about content creator's assets. Content creator's contact information will be displayed in each asset detail page and made available to customers for customer support purposes.
Web Store Usage
The content creator agrees to use the 3DModels-Textures web store only for purposes that are permitted by (a) this agreement and (b) any applicable law, regulation or generally accepted practices or guidelines.
Customer's Data Usage and Protection
The content creator agrees to protect the privacy and legal rights of customers. If the customers provide personal data then the content creator must make customers aware and must provide a legally adequate privacy notice and protection for those customers. Further, content creator may only use that information for the limited purposes for which the customer has given content creator permission to do so. If content creator's assets store personal or sensitive information provided by customers, it must do so securely and only for as long as it is needed and in full compliance with any applicable law regarding content creator's access or use of such information. But if the customer has opted into a separate agreement with content creator that allows content creator or content creator's asset to store or use personal or sensitive information directly related to content creator's asset then the terms of that separate agreement and any applicable privacy laws will govern content creator's use of such information.
The content creator agrees to not engage in any activity with the 3DModels-Textures web store, including the development or distribution of assets, that disrupt, damage, or access in an unauthorized manner the devices, servers, networks, or other properties or services of any third party including, but not limited to customers, 3DModels-Textures, payment providers or any network operator.
Content creator may not use customer information obtained from the 3DModels-Textures web store to sell or distribute assets outside of the 3DModels-Textures web store. Also it is not allowed to distribute customer data in any way.
Content creator agrees that content creator is solely responsible for (and that 3DModels-Textures has no responsibility to content creator or to any third party for) any assets content creator distributes through the 3DModels-Textures web store and for the consequences of content creator's actions (including any loss or damage which 3DModels-Textures may suffer) by doing so.
The content creator will be responsible for uploading content creator's assets to the 3DModels-Textures web store, providing required asset information to customers, and accurately disclosing the security permissions necessary for the asset to function on customer's equipment. Assets that are not properly uploaded will not be published in the 3DModels-Textures web store.
The content creator needs to take all export restrictions, laws and regulations into consideration, that affect the distributed assets on the way to customers.
The content creator agrees to not upload, post or otherwise transmit via the 3DModels-Textures web store any asset or other content, which is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to 3DModels-Textures or customers. Violating content will not be published or will be removed, when already available.
The content creator represents and warrants that informational and marketing description, videos and images are correct representations of the actual asset.
The content creator grants to 3DModels-Textures a nonexclusive, worldwide, and royalty-free license to: copy, perform, distribute, modify, display, and use the assets for administrative and demonstration purposes in connection with the operation and marketing of the 3DModels-Textures web store and 3DModels-Textures's other products.
The content creator agrees that, according to the EULA, it will grant to the customer who acquires an asset submitted by the content creator, a non-exclusive, worldwide, license to use them by EULA. All assets that customers purchase from the 3DModels-Textures web store shall be subject to 3DModels-Textures's standard EULA.
The content creator hereby acknowledges that the applicable EULA for each of the assets is solely between content creator and the customer and conforms to applicable law, and 3DModels-Textures shall not be responsible for, and shall not have any liability whatsoever under, any EULA or any breach by content creator or any Customer of any of the terms and conditions of any EULA.
The content creator represents and warrants that content creator has all intellectual property rights, including all necessary patent, trademark, trade secret, copyright or other proprietary rights, in and to content creator's Assets. If content creator uses third-party materials, content creator represents and warrants that content creator has the right to distribute the third-party material in the Assets. The content creator agrees that content creator will not submit material to 3DModels-Textures web store that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including patent, privacy and publicity rights, unless content creator is the owner of such rights or has permission from the rightful owner to submit the material.
Each Party shall own all right, title and interest, including without limitation all intellectual property rights, relating to its brand features. Except to the limited extent expressly provided in this agreement, neither Party grants, nor shall the other party acquire, any right, title or interest (including, without limitation, any implied license) in or to any brand features of the other party.
Subject to the terms and conditions of this agreement, the content creator grants to 3DModels-Textures and its affiliates a limited, non-exclusive license during the term of this agreement to display content creator's brand features, submitted by content creator to 3DModels-Textures, for use solely digitally, online, in photography, on screen and in either case solely in connection with the distribution and sale of content creator's assets through the 3DModels-Textures web store, or to otherwise fulfill its obligations under this agreement.
The content creator may remove his/her assets from future distribution via the 3DModels-Textures web store at any time, but content creator must comply with this agreement and the payment processor's terms of service for any assets distributed through the 3DModels-Textures web store, including but not limited to refund requirements. Removing content creator's assets from future distribution via the 3DModels-Textures web store does not
(a) affect the license rights of customers who have previously purchased or downloaded content creator's assets,
(b) remove content creator's assets from customers' equipment or from any part of the 3DModels-Textures web store where previously purchased or downloaded assets are stored on behalf of customers, or
(c) change content creator's obligation to deliver or support assets or services that have been previously purchased or downloaded by customers.
Notwithstanding the foregoing, in no event will 3DModels-Textures maintain on any portion of the 3DModels-Textures web store (including, without limitation, the part of the 3DModels-Textures web store where previously purchased or downloaded Assets are stored on behalf of Customers) any Asset that content creator has removed from the 3DModels-Textures web store and provided written notice to 3DModels-Textures that such removal was due to
(i) an allegation of infringement, or actual infringement, of any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person,
(ii) an allegation of defamation or actual defamation,
(iii) an allegation of violation, or actual violation, of any third party's right of publicity or privacy,
(iv) an allegation or determination that such Asset does not comply with applicable law.
If the content creator removes an asset from the 3DModels-Textures web store pursuant to clauses (i), (ii), (iii) or (iv) of Section , and a customer purchased such asset within a year before the date of take-down, at 3DModels-Textures's request, content creator must refund to the affected customer all amounts paid by such customer for such affected asset, including the 30 (thirty) per cent that 3DModels-Textures has received. Alternatively, 3DModels-Textures may elect to deduct and withhold such refund amount from any current customer balance.
Terminating this Agreement
This agreement will continue to apply until terminated by either content creator or 3DModels-Textures as set out below. Content creator may terminate this agreement by ceasing use of the 3DModels-Textures web store and removing any assets from the 3DModels-Textures web store. 3DModels-Textures may at any time, terminate this Agreement if:
(A) content creator breaches the Agreement;
(B) 3DModels-Textures is required to do so by law;
(C) 3DModels-Textures decides to no longer provide the 3DModels-Textures web store.
Upon termination, all of the legal rights, obligations and liabilities that content creator and 3DModels-Textures have benefited from, been subject to (or which have accrued over time whilst the agreement has been in force) or which are expressed to continue indefinitely shall be unaffected by this cessation. Either party may terminate this agreement at any time by providing notice to the other party.
Disclaimer of Warranties
The content creator understands and agrees that usage of the web store and its provided materials is at content creator's risk and that the 3DModels-Textures web store is provided “as is” and “as available” without warranty of any kind.
3DModels-Textures is not responsible and liable for any unautorized use of content creator's assets.outside the web store.
3DModels-Textures further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non- infringement.
Limitation of Liability
The content creator expressly understands and agrees that 3dModels-Textures total liability will be limited to the amounts paid to content creator by 3dmodels-textures in the past six months for the assets relating to the dispute. In no event will 3dModels-Textures shall be liable to you for any special, incidental, exemplary, punitive or consequential damages (including loss of data, business, profits or ability to execute) or for the cost of procuring substitute products arising out of or in connection with these terms or your use of the web store or any assets downloaded or otherwise obtained from the 3dModels-Textures web store, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not 3dModels-Textures has been advised of the possibility of such loss or damage. The foregoing limitations will survive and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose.
Changes to the Agreement
3DModels-Textures may make changes to this agreement at any time by posting a revised agreement in 3DModels-Textures web store. Existing content creators will be informed about changes. If content creators disagree with the changed agreement they must terminate agreement to the conditions of the old agreement.
General Legal Terms
This agreement constitutes the whole legal agreement between content creator and 3DModels-Textures and governs content creator's use of the 3DModels-Textures web store, and completely replaces any prior agreements between content creator and 3DModels-Textures in relation to the 3DModels-Textures web store.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this agreement is invalid, then it will not affect the rest of this agreement.
This agreement may not be transferred by content creator without the prior written approval of 3DModels-Textures. Delegating content creator's responsibilities or obligations under this agreement also need a prior written approval of 3DModels-Textures.
This Agreement shall be governed by the laws of Serbia.