Terms and Conditions
The following terms and conditions regulate your access to and use of CGMood website.
THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. YOU ARE INVITED TO READ THEM CAREFULLY BEFORE USING THE SERVICES OF CGMOOD.
A Member who purchases Products or downloads Models that are available free of charge from the Site.
The cgmood.com website. The software and source code used by CGMood to provide all the services; user interface layouts, designs, images, text, knowledge base articles, program offers; site information provided in reports (such as popular keyword searches); and all other intellectual property protected under copyright, trademark, patent, publicity, or any other proprietary right.
Any material published at the Site including but not limited to 3D models, textures, plugins, collections, packages, materials, scripts, shapes, frequently asked questions, words, music, films, images, software, code and any other information.
This General Terms and Conditions in its entirety and including all terms and (or) information, accessible via any links, provided in this document.
Any person who creates a user account at the Site.
Any Content, uploaded by a Seller to the Product section of the Site and thus offered by the Seller to the potential Customers for purchase or free download. Additionally, a Product may include a number of individual files of different file formats to make it easier for Customers to work in a variety of software applications (such as 3ds Max and Cinema 4D), and may also include other files (such as jpeg images used for texturing), and images or other files that are used for promotional purposes. For Customers and their use in Creations, this definition also includes derivative and intermediary files used for that purpose.
The Product when it gets used for still or moving images, part of films, part of video games, published within a book, poster or other items. The Included Product cannot be extracted from an application or other product and used as stand-alone object without the use of reverse engineering tools or techniques.
A Member, who uploads Products to the Product section of the Site and offers them for sale or free download depending on which status the Product has been accepted into the Site's database.
Intellectual property policy of cgmood.com website, available here.
Collection and process of personal data, available here.
General License to the Site
Except as expressly licensed to you in these Terms, and in other agreements provided to you by CGMood such as those regarding Products, CGMood and the owners of the Products retain all ownership, right, title, and interest in and to the services provided by CGMood, including the Site and all Products.
If you use the Site or Products in an unauthorized way, CGMood may terminate your account and pursue other penalties, damages, losses, and profits to which CGMood is entitled under this agreement or at law or equity. The following uses of the Site are explicitly prohibited:
- Except as expressly licensed to you, using an in-line link, frame, or forging headers around or URLs, or otherwise repackaging the Site in any way for commercial purposes
- Obscuring or removing any watermark, copyright, or other proprietary notice from the Site or Products
- Mining, hacking, probing, spidering, crawling, or scraping the Site or Products, or similarly gathering or extracting data (whether manual or robotic), including by indexing, caching, or aggregation
- Decompiling, reverse engineering, or making derivative works
- Interfering (or engaging in any activity that may interfere) with any user’s experience
- Testing for technical vulnerabilities, or circumventing any security measures or access restrictions
- Using the Site for recruiting purposes or to contact CGMood artists for any reason
- Sharing any privately or semi-privately communicated information associated with the Site with anyone, unless you have the permission of the sending party. By way of example, you cannot take information sent to you in a private message or in a semi-private forum and make that information public or share it with any third party
Material submitted by You
CGMood does not claim any ownership or liability with respect to any material that you submit when using the Site.
- CGMood welcomes constructive criticism. However, you may NOT post anything that counteracts constructive, professional dialogue on 3D or related topics
- You may NOT submit anything that discloses, stores, or collects any contact information or any person’s personal information without that person’s permission
- You may NOT in any way post anything abusive, harassing, threatening, harmful, inaccurate, defamatory, libelous, pornographic, racist, or obscene
- You may NOT post any spam or advertising for other products or services. You may NOT post from multiple accounts, disrupt, flame, incite, or persist in repetitive or off-topic comments
- You are fully responsible for and shall act sensibly and with your best judgment on how and what you post to the Site
- You may NOT post or link to anything that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- You may NOT post or link to anything that infringes the rights of any third party or violates any law, rule, or regulation
- You may NOT re-post information elsewhere that requires a Site user account to access, such as private discussion forums or data reports
Contests or Competitions
Any contests or competitions created by CGMood on the Site may be governed by its own set of official rules, which may have eligibility requirements, such as certain age or geographic area restrictions. By entering or participating in such contests, you will become subject to those official rules. It is your responsibility to read the applicable rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements.
MEMBER‘S RIGHTS, OBLIGATIONS AND REPRESENTATIONS
Rights, Obligations and Representations of the Seller - Uploading and posting Content and Products
- Members may only upload Content they own or otherwise have the right to use and upload. CGMood does not own any Content uploaded by Members.
- By uploading a Product, the Seller shall be deemed to represent that such Product and use of this Product permitted by Terms does not infringe the intellectual property of any other party and that the Seller had obtained all necessary model or property releases for use and licensing of the Product. All Members should consult their own legal advisors to determine whether a particular model or property release form and (or) any applicable contract is suitable or necessary for uploading particular Product or for a particular use of a Product, or whether such use is a fair use. Sellers should understand that licenses of Product without a release attached may be negatively impacted, if a release is deemed necessary by Customers or their legal advisors.
- Sellers may not upload Product or add Content that violates any international or domestic law, statute, ordinance, or regulation. Content cannot be defamatory, libelous, pornographic, obscene, offensive or evocative of racial hatred of any kind, and cannot contain any viruses, spam, malware or other programming routines that detrimentally interfere with computer systems or data.
- Sellers should keep a backup of their own uploaded Products at all times. Sellers’ files uploaded to the Site cannot be used as a backup source.
- For any Product/Content uploaded to the Site or otherwise submitted to CGMood, the Seller grants and represents that he has the authority to grant to CGMood a non-exclusive, worldwide, royalty-free, license in any medium now known or hereinafter invented to:
- reproduce, sell, and distribute net proceeds from any sale, in whole or in part on Seller’s behalf;
- to publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes;
- create and use samples of the Product for the purpose of advertising, demonstrating or promoting Seller products or services or those of CGMood;
- use any trademarks, service marks or trade names incorporated in the Product in connection with Seller material;
- use the name and likeness of any individuals represented in the Product in connection with Your material.
Seller retains ownership of the copyrights and all other rights in the Product, uploaded to the Site, subject to the non-exclusive rights granted to the CGMood and the Customer. Seller is free to grant similar rights to others during and after the term of this Terms.
By uploading a Product to the Site, the Seller represents and warrants that:
- the Product is his original work, and contains no copyrighted material of any kind that Seller is not the exclusive owner of, including but not limited to: music and/or synchronization rights, images (moving or still) of any kind, writings of any kind, and model clearances/releases;
- Seller has full right and power to enter into and perform this agreement, and have secured all third party consents necessary to enter into this agreement;
- the Product does not and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights;
- the Product does not and will not violate any law, statute, ordinance or regulation;
- the Product is not and will not be defamatory, libelous, pornographic, obscene or evocative of racial hatred of any kind;
- the Product does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data;
- all factual assertions that Seller has made and will make are true and complete. Seller agrees to execute and deliver documents to CGMood and (or) Customer, upon their reasonable request, that evidence or effectuate their rights under this agreement.
- CGMood reserves the right to edit or remove Content and Products that violates the aforementioned terms.
Rights, Obligations and Representations of the Customer
The Customer may not use the Product, downloaded from this site in a manner that infringes the intellectual property of any other party. The Customer may not reverse engineer any Product and must abide by the terms of the license granted to the Customer under this Terms, as well as any additional Seller terms included with the Product.
Following the payment of any applicable license fee for any Product, the Customer may download the Product from the Site and use it in accordance to the applicable license terms.
Prior to concluding the contract the Customer shall give express content of waiving his or her 14-day right of withdrawal regarding the digital content (the Product).
TERMS OF LICENSE AGREEMENT BETWEEN THE SELLER, CGMOOD AND THE CUSTOMER
General Terms of Licensing
Following the payment of any applicable license fee for Product, the Customer acquires a license in accordance with the terms and conditions of this section. Any license rights relating to the Product are contingent upon the transfer of money (except for the free Products) from the Customer to CGMood. All license rights terminate immediately and without notice if a sale is reversed for any reason.
Upon uploading the Product to the Site, terms of Royalty Free license shall be applicable.
Certain Products with third party copyrighted or trademarked images, logos, brand names, etc., may require additional licensing, rights, permissions, releases, or clearance for use. It is the sole responsibility of the Customer and their legal adviser to determine, before purchasing, downloading or using any Product, whether additional licensing, rights, permissions, releases, or clearance are necessary for the intended use of Product. It is the Customer’s sole responsibility to obtain any licensing, rights, permissions, or clearance. Customers should understand additional licensing, rights, permissions, releases, or clearance may be relevant for Product, if the intended use involves religious groups or affiliations, pharmaceuticals, health care, tobacco, liquor, adult entertainment, personal hygiene, birth control, or any other area that could be considered sensitive, offensive, or immoral.
Customers do not own any Product and are only licensed to use it in accordance with terms and conditions of the applicable license. The Seller retains copyright in Products purchased or downloaded by any Customer.
The license to use the Product is non-exclusive, non-transferable and is granted only to you as the original Customer.
By using the Site or accepting this agreement the Seller agrees that any additional end user license agreements, licenses, custom licenses, or Seller requirements inserted into Seller Products in any area outside that explicitly provided by CGMood for additional license terms are invalid, void ab initio, and without effect as they relate to those purchases made on the Site.
Nothing in this agreement shall be construed to mean that a Seller may not submit or delete Content from the material submitted by such Seller as part of general maintenance of such Seller’s account.
Product may not be sold, given, or assigned to another person or entity in the form it is downloaded from the Site.
The Customer’s license to Product in this paragraph is strictly limited to Included Product. Any use or republication, including sale or distribution of Product that is not Included Product is strictly prohibited. Approved distribution or use of Product as Included Product includes, but is not limited to:
- as rendered still images or moving images; resold as part of a feature film, broadcast, or stock photography;
- as purchased by a game’s creators as part of a game if the Product 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;
- as Product published within a book, poster or other item;
If you use any Product in software products (such as video games) you must take all reasonable measures to prevent the end user from gaining access to the Product. For example:
- using proprietary disc formats (such as consoles);
- using a proprietary Product format;
- using a proprietary and/or password protected database or resource file that stores the Product data;
- encrypting the Product data.
Without prejudice to the previous paragraphs, the Seller grants to the Customer who purchases license rights to Product and uses it solely as Included Product a non-exclusive, worldwide, royalty free license in any medium now known or hereinafter invented to:
- reproduce, post, promote, license, sell, publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes
- use any trademarks, service marks or trade names included in the Product in connection with Seller material;
- use the name and likeness of any individuals represented in the Product only in connection with Your material.
Absent a written grant of rights greater than that contained in section “Royalty Free License”, 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 Customer of any Product, obtained from the Site is expressly prohibited unless it is an Included Product as licensed above.
Purchases and payments
Seller authorizes CGMood to collect money from the Customer and distribute payment amounts to the Seller, tax authorities, or other entities as the case requires under this agreement and in compliance with legal regulations.
Every calendar month by the 10th day, or the following business day if the tenth is weekend or holiday, CGMood will pay the Seller its royalty payments amount according to the Seller’s reputation level (hence royalty-rate) at the moment of the purchase.
As for now, all the payments will be sent via PayPal transfer method, at the address specified by the Seller.
CGMood reserves the right to withhold payments in the following cases:
- Seller’s payments are on hold because previous payment to Seller failed to be received;
- Seller has provided inaccurate payment information;
- A violation of the Site policies has occurred hence must be reconciled before any payment is made.
CGMood reputation system and royalty rates paid for in particular level can be found here.
Each Seller on CGMood can track his\her own sales. Sales information include:
- Amount earned with the sale
- Customer information
- Royalty rate at the moment of the sale
The parties are solely responsible for determining whether it is required by applicable law to issue any formal invoices and pay any other taxes that might apply to them. CGMood takes no responsibility for determining the necessity of issuing any other formal invoices, or for determining, remitting, or withholding any taxes applicable to paid fees, except for the VAT.
Every Product on CGMood is moderated before being available to Customers. Moderation process is based on a set of objective rules:
- Modeling quality
- Shaders quality
- Textures quality
- Presentation quality (thumbnail and other presentation pictures)
If you found serious defects, please contact us at firstname.lastname@example.org.
- Request is submitted to email@example.com within 3 days after the purchase.
- Product does not match its description/preview images in a significant manner.
- Crucial model parts, details, textures or files are missing.
- Model is mistaken for something else other than digital model and the digital file has not been downloaded.
- You have full right, legal capacity, and authority to enter into and perform this agreement, have obtained any third-party consent needed to do so, and, prior to any Purchase, had an opportunity to seek independent legal counsel
- You will not use the Site except pursuant to the terms of this agreement
- You assume all risk for any damage to your computer systems and network for any damage to your computer system caused by using the Site, including any damages resulting from computer viruses
- To the fullest extent permitted by law, CGMood shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Site, even if CGMood has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence).
Termination and General Terms
This agreement constitutes the entire agreement between you and CGMood.
Your breach of these Terms or other applicable policies or agreements with CGMood may result in CGMood terminating your access to the Site, without any liability to CGMood. You may terminate these Terms at any time by ceasing to use the Site. You agree that any material breach of these Terms will result in irreparable harm to CGMood for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, CGMood will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if CGMood seeks such an injunction.
This agreement is governed by the Italian law, excluding conflict of law principles. Any action or proceeding arising out of or related to this agreement must be brought in a state or federal court located in Milan, Italy, and both parties irrevocably submit to the exclusive jurisdiction of such courts. All notices, requests and other communications under this agreement must be in writing (e-mail messages shall be deemed writings).
Any notice under this agreement shall be via email to firstname.lastname@example.org, provided that you receive an acknowledgement email from a CGMood representative within 10 business days.
CGMood may not assign its rights under this agreement without providing you notice, except in the case of a bankruptcy, merger, acquisition, sale of all or substantially all of CGMood’s assets to a subsequent owner or operator, or similar event. You may not assign your rights under this agreement without the prior written consent of CGMood, which will not be unreasonably withheld.
This agreement may be translated into other languages, but English is the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.Last Terms update: October 16, 2017.