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.
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:
CGMood does not claim any ownership or liability with respect to any material that you submit when using the Site.
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.
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 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).
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:
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:
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:
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.
A Product which is offered as a free download shall be licensed with one of Creative Commons licenses as chosen by the Seller. Creative Commons licenses and their licensing terms can be found here.
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:
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:
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:
If you found serious defects, please contact us at email@example.com.
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. If no such acknowledgement email is received, notice must be in writing and delivered by mail to the following address.
2, Arcelli St.
29122 Piacenza (Italy)
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.