End-User And Seller Agreement
The terms and conditions set forth herein (the “Terms”) constitute a legally binding agreement between Freemium3D and you (“You” or “Your”) regarding the terms on which Freemium3D offers You access to its Website and Service. Your use of the Website or Service constitutes acceptance of these Terms.
1. “Content” refers to any material published at Freemium3D including but not limited to wire files, models, textures, plug-ins, video games, video game modifications, motion files, collections, packages, materials, scripts, shapes, custom UI skins, tutorials, frequently asked questions, words, music, films, images, and software.
2. “For Sale” includes all Content that requires a purchase of license rights, as distinguished from Content available for free download.
3. “Incorporated Content” refers to Content that cannot be extracted from an application or product and used as stand-alone Content without the use of reverse engineering tools or techniques. For avoidance of doubt, Incorporated Content is the use of Content that is not intended to allow further distribution of the Content outside of the application or product containing the Incorporated Content and shall not include any Content embodied in or by printable 3D models offered for sale.
4. “Member” refers to any person who creates a user account at Freemium3D.
5. “Service” refers to transmission, license, or purchase of Content to and from Freemium3D via the Freemium3D Website or any approved web portal either currently in existence or in the future.
6. “Valid Sale” refers to a sale of license rights in Content or other property via Freemium3D, where the appropriate share of proceeds is received by a Seller who published the Content. Content For Sale via Freemium3D which is returned is not an example of a Valid Sale.
7. “Seller” refers to the submitting individual or business who publishes Content at Freemium3D.
II. License Agreement Between Seller and Member
A. License Grant for transmission of Content from Seller to Member
For any transmission of Content from a Seller to another Member, whether the transmission was the result of a license or free download, the following terms apply unless more restrictive terms are specified in the area provided by Freemium3D for custom license terms:
Unless explicitly provided for in custom license terms set forth in the area provided by Freemium3D and which must be subject to acceptance by Member before or at the point of sale, the Seller retains, subject to any license agreement between the Seller and Freemium3D, copyright in Content purchased or downloaded by any Member via Freemium3D. In using the Freemium3D systems and Website, you agree that any additional EULA, license, custom license, or Seller requirements inserted into Seller products in any area outside that explicitly provided by Freemium3D are invalid, void ab initio, and without effect, as they relate to those purchases effective April 22, 2010.
2. Valid License.
Any license rights relating to Content For Sale via Freemium3D are contingent upon the transfer of money from the Member to the Seller. All license rights terminate immediately and without notice, if a sale is reversed for any reason.
3. Rights Granted.
For any Sellers who provide Freemium3D with any type of Content for free distribution or sale, the following terms apply:
Seller hereby grants to Freemium3D, and by the act of delivering Content to us, grant a non-exclusive, worldwide, perpetual license in any medium now known or hereinafter invented to: (a) reproduce, set prices for, sell, and distribute net proceeds from any sale, in whole or in part on Seller’s behalf; and to publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes; (b) create and use samples of the Content for the purpose of demonstrating or promoting Seller products or services or those of Freemium3D; (c) use any trademarks, service marks or trade names incorporated in the Content in connection with Seller material; and (d) use the name and likeness of any individuals represented in the Content only in connection with Your material.
The Seller grants to the Member who either purchases license rights to Content via a Valid Sale, or downloads freely available Content submitted by the Seller, a non-exclusive, worldwide, perpetual 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 Member 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. Use or republication of Content in any software or other application, such as a software library, that allows users to generate, by using included content, imagery or renderings that can be sold, is prohibited. For illustration, approved distribution or use of Content as Incorporated Content includes, but is not limited to:
(i) As rendered still images or moving images; resold as part of a feature film, broadcast, or stock photography.
(ii) 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.
(iii) As Content published within a book, poster, t-shirt or other item.
(iv) As a printable 3D model as part of a manufactured product, including as a physical object such as a toy, doll, or model, so long as such printable 3D model or object is only sold as part of the manufactured product (but not as a 3D model sold alone).
Special Restrictions for editorial Content. In addition to the restrictions above, 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. Member understands and agrees that this Content may contain material that is not released from its rights holders. 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.
4. Rights Not Granted.
Absent a written grant of rights greater than that contained in paragraph 3 above, all other rights or sub-divisions of rights generally included in copyright are excluded from this license and remain the property of Seller.
The resale or redistribution by the Member of any Content obtained from Freemium3D, whether For Sale or freely available for download, whether part of a Valid Sale or not, is expressly prohibited unless it is Incorporated Content as licensed above.
6. Returned Content.
In the event a Member returns any Content, whether acquired by Valid Sale or freely available for download, all license rights granted herein terminate and the Member must immediately destroy any and all copies contained on any type of media under the control or possession of the Member.