I. INTRODUCTION
This Agreement is a legally binding document between the Licensee and 3D Shards, acting on behalf of the Seller, regarding the rights to use Digital Assets from the Site. The Licensee, whether an individual or a corporate entity, must be at least 18 years of age and is granted the rights to use the Digital Assets on a royalty-free basis, meaning no future payments are required for the authorized uses.
The Agreement also incorporates 3D Shards’ Terms of Use and Privacy Policy by reference.
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II. DEFINITIONS
“Digital Assets” refers to the 3D models, images, textures, sound effects, and other digital works made available for purchase on the Site by independent creators/artists.
“Licensee” refers to the individual person or entity that acquires a Digital Asset through the purchase process on the Site.
“Intellectual Property” refers to the proprietary rights, such as copyright and trademark, owned by the creator/seller of the Digital Assets and licensed under this Agreement.
“Other Intellectual Property” refers to any additional intellectual property found within the Digital Asset, such as copyright and trademark, that is not owned by the creator/seller of the Digital Assets.
“Purchase” refers to the acquisition of a Digital Asset through the Site, whether it is purchased at a cost or downloaded for free. “Seller” refers to the independent creator/artist who uploads their own Digital Assets to the Site for purchase.
“Share” refers to the transfer or offering of access to a Digital Asset and its constituent files to a third-party, allowing them to access, download, edit, or use the Digital Asset.
“Site” refers to the online and mobile services, website, software, and Digital Assets provided by 3D Shards.com.
III. LICENSE RIGHTS
Ownership. 3D Shards does not grant title or ownership in Digital Assets. All rights in Digital Assets not expressly granted in this Agreement are reserved by 3D Shards for itself and its Sellers.
Rights Granted. All digital content available on the Site, including Digital Assets, is protected by copyright and other laws and treaties. Through this Agreement, Licensor grants the Licensee a non-exclusive, perpetual, worldwide right and license to utilize,
reproduce, distribute, display, perform, create derivative works, and market the Digital Assets within the Licensee’s own Creations, for the purposes authorized in this Agreement.
Purchase of a Digital Asset. The acquisition of a Digital Asset through the Site constitutes the purchase of a limited copyright license only, and not the purchase of the underlying copyright or work itself.
The Seller retains ownership of the Digital Asset, while the Licensee is granted specific rights to use it as outlined in this Agreement.
IV. LICENSE TYPES, USES AND SPECIFIC RESTRICTIONS
The Personal Use Only License grants a non-exclusive, perpetual, worldwide right and license to the licensee to use Digital Assets for personal, use on an unlimited number of computers or storage devices operated or controlled by that one person.
The licensee is not permitted to share Digital Assets with third parties under this license.
IV. LICENSE, USES AND SPECIFIC RESTRICTIONS
I. Term and Grounds for Termination:
Term: The right and license to use Digital Assets is perpetual, unless terminated.
Grounds for Termination: The license grant to use Digital Assets is terminated immediately and without notice in the following cases:a. Reversal of Purchase: Your right and license to Digital Assets is contingent on your successful Purchase of the Digital Assets. If a reversal of payment is made for any reason, all rights granted to you under this Agreement are terminated immediately. Reasons for a reversal of purchase may include:
Refund Request: 3D Shards issues you a refund, as per your request, in accordance with its Refund Policy.
Other Payment Reversal: 3D Shards receives a chargeback or other notice from your bank or credit card canceling your Purchase and/or withdrawing the funds used for your Purchase.
Fraudulent Purchase: 3D Shards determines in its sole discretion that your Purchase was fraudulent.b. Failure to Abide by the License Grant: If you fail to materially abide by the terms of this Agreement, your right and license to the Digital Asset is terminated. If you use the Digital Asset on a social media platform or other third-party website and the platform or website uses (or announces that it plans to use) the Digital Asset for its own purpose or in a way that is contrary to this Agreement, the rights granted for such use shall immediately terminate, and in that event, upon 3D Shards’s request, you agree to remove the Digital Asset from such platform or website.
Effect of Termination: If your license is terminated, you (and any person/entity with whom you have Shared a Digital Asset in accordance with Section V.2.b.), must immediately retrieve and delete the Digital Assetc. License Allow to use:
Can use this product for any 2D artwork (render, animation), commercial or non commercial.
Not allowed to share this file or any parts of it with others person or website for download.
Not allowed to use any part of these textures/model for your own commercial products. If you want do that, please contact the vendor!
Cannot be resold as a 3d model in any form, even you changed it.
May not be redistributed, sold, or copied in any way.
Some of product contains other licensing format than Standard.
EDITORIAL: You can use this product for any 2D Artwork (render, animation), any number of product, but only personal use!
EXTENDED LICENSE: Like merchant resource products, you can use any number of product for other demands too than 2D (like making new products, or in game, etc. Please read the product description.
V. PURCHASER WARRANTIES
You, the Licensee, hereby covenant, represent, and warrant to 3D Shards that:
You possess the full legal authority and capacity to enter into and abide by the terms of this Agreement, and have obtained any necessary third-party consent to do so. You have also had the opportunity to seek independent legal counsel prior to entering into this Agreement.
You will use the Digital Assets in accordance with the terms outlined in this Agreement and will not engage in any unauthorized use of the Digital Assets. In the event of any unauthorized use, you agree to any reasonable fee or penalty imposed by 3D Shards in accordance with this Agreement or applicable law.
Prior to making a purchase, you will determine the need for and, if necessary, obtain any third-party clearance, consent, or release to use any Other Intellectual Property depicted in a Digital Asset and will not use the Digital Asset in a way that infringes upon any other party's intellectual property rights.
You will promptly notify 3D Shards of any legal claims or challenges against your use of a Digital Asset or any other rights issues, and will not disclose such information to any third party without prior consent from 3D Shards.VI. LIMITATION OF LIABILITY
The Site and the Digital Assets available through it are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied. 3D Shards and its licensors, including Sellers, hereby disclaim all warranties, express or implied, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. 3D Shards provides a refund policy for the Digital Assets.
You shall assume all risk for any damage to your network and computer system by purchasing Digital Assets, including any damages resulting from computer viruses. 3D Shards, its affiliates, licensors, and service providers shall not be liable for any damages of any kind arising out of or in connection with this Agreement, including but not limited to any indirect, special, incidental, consequential, exemplary or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of economic advantage, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), intellectual property infringement, breach of contract or otherwise, even if foreseeable, or any damages which exceed the fee that you paid for the Digital Asset. The foregoing shall not affect any liability which cannot be excluded or limited under applicable law, but should be construed to the greatest extent applicable in such jurisdictions.
Any cause of action or claim you may have arising out of or relating to the Digital Assets or this Agreement must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
You agree to defend, indemnify and hold harmless 3D Shards, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including but not limited to reasonable attorneys’ fees) arising out of or relating to your (or anyone acting on your behalf) violation of this Agreement, use of the Digital Assets in violation of law, rules or regulations, or use of the Digital Assets in violation of third-party rights where such violation is due to your modification of the Digital Assets.
If you have any questions about this Agreement, including whether your planned use of a Digital Asset is covered by this Agreement, please Contact Us.