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This is the RenderHub 3D content licensing agreement
Please read this Licensing Agreement (“Agreement”) carefully. By purchasing, downloading, displaying or using Digital Assets from RenderHub.com (the “Site” or “RenderHub”), you agree to the terms of this Agreement.
This is a legally binding Agreement between licensee (“you”/”Licensee”), and RenderHub on behalf of the Seller as licensor (“Licensor”), regarding your rights to use Digital Assets from the Site under this Agreement. “You”/”Licensee” refers to the purchasing entity, whether you are a natural person (who must be at least 18 years of age), or a corporate entity. Unless otherwise noted, the rights granted in this Agreement are granted to the purchasing entity on a “royalty free” basis. This means that after you Purchase a Digital Asset (as defined below), you do not need to make any future payments in order to use the Digital Asset for the uses authorized in this Agreement.
PLEASE NOTE: SECTION IX CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEEMENT. PLEASE READ IT CAREFULLY.
Digital Assets – 3D models, images, textures, sound effects and other digital works, and their constituent files, made available by Sellers for Purchase on the Site.
Licensee – the individual person or entity indicated as the licensee during the Purchase process.
Intellectual Property – the copyright, trademark, trade dress, right of publicity, or any other proprietary right throughout the world owned by the creator/Seller of the Digital Assets that are licensed in this Agreement.
Other Intellectual Property – means any intellectual property in the Digital Asset, including any copyright, trademark, trade dress, right of publicity, or any other proprietary right throughout the world that may apply. “Other Intellectual Property” does not refer to the copyrights owned by the creator/Seller of the Digital Assets that are licensed in this Agreement.
Purchase – the acquisition of a Digital Asset by you from the Site under this Agreement, whether you purchase a Digital Asset at a price greater than $0, or download a Digital Asset at no charge.
Seller – an independent creator/artist who uploads his/her own 3D models, images, textures, sound effects and other digital works to an online store on the Site
Share – the transfer and/or offering of access to a Digital Asset and/or any of its constituent files between 1) a computer or storage device operated or controlled by a Licensee and 2) a computer or storage device operated or controlled by a third-party, which transfer and/or offering of access allows the third party or other third parties the ability to access, download, edit or otherwise use the Digital Asset and/or any of its constituent files.
Site – the online and/or mobile services, website, and software and Digital Assets provided on or in connection with RenderHub.com
III. LICENSE RIGHTS
Ownership. RenderHub does not grant title or ownership in Digital Assets. All rights in Digital Assets not expressly granted in this Agreement are reserved by RenderHub for itself and its Sellers.
Rights Granted. All digital content available on the Site including, without limitation, Digital Assets, is protected by United States and international copyright and other laws and treaties. For Digital Assets, Licensor grants to you a non-exclusive, perpetual, worldwide right and license to copy, distribute, reproduce, adapt, publicly display, publicly perform, digitally perform, transmit, broadcast, telecast, advertise, create derivative works, and market Digital Assets, within Creations for the uses expressly authorized in this Agreement.
Purchase of a Digital Asset. The Purchase of a Digital Asset refers to the purchase of a limited copyright license only and not the purchase of the underlying copyright or work itself. As between you and the Seller, the Seller retains ownership of the Digital Asset.
IV. LICENSE RESTRICTIONS
Editorial Use Only Restriction. Certain Digital Assets may be labeled with an “Editorial Use Only” restriction. An “Editorial Use Only” restriction means that your use of the Digital Asset is limited to non-commercial purposes, namely, use of the Digital Asset in a Creation which has some cultural, editorial, journalistic, newsworthy, academic or educational value. You may not use an “Editorial Use Only” Digital Asset in a commercial manner, for example, to advertise or promote a product or service, or use the “Editorial Use Only” Digital Asset in any other way in which you could earn a profit.
Exception. Editorial Use Only Restrictions do not apply if you have the needed authorization to use the Other Intellectual Property in your Creations, for example, if you are the owner or a licensee of the Other Intellectual Property (any such use is subject to the uses granted to you by the Other Intellectual Property holder).
Disclaimer. RenderHub does not own or license any Other Intellectual Property. RenderHub does not in any way make any representations or warranties about Other Intellectual Property associated with Digital Assets. You are solely responsible for determining the need for and, if appropriate, obtaining any needed clearance, consent, or release to use Other Intellectual Property in your Creations.
Note: Even if a Digital Asset is not labeled with an “Editorial Use Only” restriction, you must make an independent assessment as to whether a Digital Asset contains Other Intellectual Property (for example, a real-world company’s logo or a character’s likeness) and, if so, obtain any needed clearance, consent, or release to use Other Intellectual Property in your Creations.
Attribution. All editorial use requires a credit. Credits shall be legible and in close proximity to the Digital Asset and, where applicable, substantially similar in placement and prominence to other credits. Credits should appear in the following format: “[Digital Asset product type] copyright [Seller name] via RenderHub”
Unauthorized Uses. If you use Digital Assets in a way not authorized by this Agreement, RenderHub may terminate your account and pursue other penalties, damages, losses, and profits available under this Agreement or at law or equity. The following uses are prohibited under this Agreement, and apply to both Personal Use Only Licenses and Extended Use Licenses:
You may not resell the Digital Asset.
Except as otherwise authorized in this Agreement, you may not redistribute, publish or make a Digital Asset available to any third party except in the form of a Creation permitted under this Agreement.
Except as otherwise authorized in this Agreement, you may not redistribute, publish or make a Digital Asset available to any third party unless the Digital Asset becomes part of a larger Creation.
Modification. You may modify a Digital Asset to make your Creation, but you may not redistribute, publish or make the modified Digital Asset available to any third party unless the modified Digital Asset becomes part of a larger Creation.
Digital Assets with an Editorial Use Only Restriction may not be modified so that the Digital Asset no longer contains Other Intellectual Property.
Competition. You may not use or distribute the Digital Asset, or any modified version of the Digital Asset, in any way that is competitive with the original Digital Asset or the Site, or in any way that displaces the market for the original Digital Asset. Examples of such unauthorized use include, but are not limited to:
Uploading the Digital Asset, or a modified version of the Digital Asset, to another digital content marketplace.
Using the Digital Asset to create a rendered stock image / stock media asset / design template and uploading that stock media product to an online clearinghouse infrastructure.
Promotional Images. Promotional / preview images of Digital Assets are found in Sellers’ stores. You may use these promotional images in your Creation, but only if the image is entirely reproducible from the Purchased Digital Asset. You may not use promotional images which contain added elements that are not included as part of the Digital Asset.
False Attribution. You may not falsely represent yourself as the author, creator and/or owner of the Digital Asset.
Transfers. You may not sell or otherwise transfer your license under this Agreement to another person or entity, unless you first ask and receive permission from RenderHub.
Trademarks/Branding. You may use a Digital Asset as part of a corporate project that features a business logo or trademark. But, you may not use a Digital Asset itself to create a company logo, personal logo or any type of branding.
Unlawful Use. You may not use the Digital Asset in fraudulent, infringing, illegal, harassing, or defamatory material. You also shall not use the Digital Asset in any way that could be construed as being adverse or derogatory to the image of RenderHub or any of its Sellers.
Compliance with Export Laws. Digital Assets may be subject to U.S. export law and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, re-export, or import authorizations required by U.S. or your local laws, (b) not design, develop or produce missile, chemical/biological, or nuclear weaponry, and (c) not provide Digital Assets to prohibited countries and entities identified in U.S. export regulations.
V. LICENSE TYPES, USES AND SPECIFIC RESTRICTIONS
Personal Use Only License.
Number of Users. The Personal Use Only License is valid for one (1) person on an unlimited number of computers or storage devices operated or controlled by that one (1) person. If more than one person in your household, company or institution will be using a Digital Asset, each person must buy a Personal Use Only License, or you must purchase a Digital Asset which comes with an Extended Use License. This Personal Use Only License covers the Licensee for his/her lifetime, and all purchased Digital Assets under this license may be downloaded to any of the Licensee’s computers/storage devices at any time in the future, subject to the exceptions in Section VI.5.
Sharing of Digital Assets with Third Parties. Except as otherwise authorized in this Agreement, the Personal Use Only License does not permit you to Share a Digital Asset with third parties.
Scope of Use. The Personal Use Only license permits only non-commercial use of the Digital Asset. This means that the Digital Asset may not be used in any way that involves an exchange of money or consideration, that promotes a business (including a sole proprietorship), that consists of advertising in any medium, or where financial gain or other consideration is either sought or is a result, directly or indirectly, of Licensee’s use of the Digital Asset.
Personal Social Media for Non-Commercial Use. You many use Digital Assets on one personal or individual social media account (not on a company or business social media page).
Streaming of Audiovisual Content. You may use Digital Assets in connection with your streaming of personal audiovisual content. Any such audiovisual content must exclude advertisements. There is no limit on lifetime viewers for non-commercial use.
Physical End Products. You may use Digital Assets to create physical end products (such as, but not limited to, 3D printed works, clothing and sculptural artwork), provided such end products are limited to personal use, gifts or charitable donations. In no event may such end products be sold, for either resale or wholesale. Additional Restrictions. You may not give away or otherwise distribute any physical end products created from a Digital Asset with an Editorial Use Only Restriction.
Extended Use License.
Number of Users. The Extended Use License is valid for all employees or members of one (1) company, organization, institution, business or household (“Company”). Digital Assets covered by this license may be used on an unlimited number of networked computers or devices owned by that one (1) Company. For purposes of this Extended Use License, a subsidiary of a company or organization shall be considered a separate entity, and each subsidiary shall be required to purchase a separate license. This Extended Use License covers the licensee Company for its lifetime, and all purchased Digital Assets under this license may be downloaded to any of the Licensee’s computers/devices at any time in the future, subject to the exceptions in Section VI.5.
Authority to Bind Company. If you are a natural person Purchasing a Digital Asset on behalf of your employer, you represent and warrant that you have full legal authority to bind your employer, as the Licensee, to the terms of this Agreement.
Sharing of Digital Assets with Third Parties. Once you Purchase a Digital Asset, you may:
Share the Digital Asset with a third party when you are collaborating with that third party on a Creation owned by you, and the sharing is required for the development and production of your Creation. In this situation, the third party must take reasonable care to secure the Digital Asset such that only those persons involved in the development and production of your Creation have access to it.
Share a Digital Asset with a third party when that third party is your client (“Your Client”) and you are collaborating with Your Client on a Creation owned by them. In this situation, Your Client may use the Digital Asset only for Your Client’s particular Creation, and for successive versions of your Client’s Creation. Your Client must take reasonable care to secure the Digital Asset such that only those persons involved in the development and production of Your Client’s Creation have access to it.
For any Digital Asset which you Share pursuant to this section, you are responsible for any downstream distribution, use or misuse of the Shared Digital Asset by the recipient.
Scope of Use. Subject to the restrictions otherwise identified in this Agreement, the Extended Use License permits both non-commercial and commercial use of the Digital Asset.
Corporate projects (corporate communications, marketing collateral, tradeshow and promotional items, booth decorations and presentations, mobile, web, print, television and billboard advertising)
Computer games and software (computer/web/mobile games, virtual and augmented worlds, simulation and training environments, software user interfaces, electronic textbooks)
Digital Media (film, media, movies, television programs, video projects, media projects, online and electronic publications, blogs, literature, social media and email campaigns, website designs and layouts, desktop and mobile wallpapers, screensavers)
Educational Materials. Digital Assets, whether they are modified or unmodified, which reside on school/university owned networked computers or devices, may not be distributed to students for access on students’ personal computers. Students who wish to or who are required to use a Digital Asset must Purchase their own Digital Asset.
Physical End Products. You may use Digital Assets to create physical end products, to give away or sell, subject to the following restrictions:
You may not create, give away, sell or otherwise distribute physical end products consisting solely of the Digital Asset. The Digital Asset must become part of a larger Creation, in which the Digital Asset has been substantially changed and/or incorporated as a small part of a larger collection of physical objects. The physical end product must not derive its primary value from the Digital Asset itself.
You may not create, give away, sell or otherwise distribute physical end products (e.g. molds) which would allow a third party to create end products consisting solely of the Digital Asset.
You may not allow a third party, such as an end user, to use a Digital Asset to customize a physical end product, for example, via “print on demand”, “made to order”, or “download on demand” applications.
You may not create, give away, sell or otherwise distribute any physical end products created from a Digital Asset with an Editorial Use Only Restriction.
VI. LICENSE TERM & TERMINATION
Term. Your right and license to Digital Assets is perpetual, unless terminated.
Grounds for Termination. Your license grant is terminated immediately and without notice in the following cases:
Reversal of Purchase. Your right and license to Digital Assets is contingent on your Purchase of 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. RenderHub issues you a refund, per your request, in accordance with its Refund Policy.
Other Payment Reversal. RenderHub receives a charge back or other notice from your bank or credit card cancelling your Purchase and/or withdrawing the funds used for your Purchase.
Fraudulent Purchase. RenderHub determines in its sole discretion that your Purchase was fraudulent.
Failure to Abide by the License Grant. If you fail materially to 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 RenderHub’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 Asset from any and all places you have distributed or downloaded the Digital Asset and otherwise stop using, exploiting and/or distributing the Digital Asset for any purpose whatsoever. If requested, you must confirm to RenderHub in writing that you have complied with these requirements.
Remedy. If you detect a violation of the license grant by you or any recipient of a Shared Digital Asset, you are required to Contact Us promptly and report the violation. RenderHub will make a good faith effort to find an appropriate remedy to preserve your license grant.
Content Withdrawal. RenderHub may discontinue licensing the Digital Asset at any time in its sole discretion. Upon receipt of notice that a Digital Asset may be subject to a claim of infringement of a third-party’s right, RenderHub may also remove the Digital Asset from the “My Downloads” section of your account, in which case the Digital Asset will no longer be available for you to download. RenderHub may also request Licensee to immediately, and at Licensee’s own expense: cease using the Digital Asset, delete or destroy any copies of it, and ensure that any third party with whom Licensee has Shared the Digital Asset does likewise.
VII. PURCHASER WARRANTIES
You covenant, represent, and warrant to RenderHub that:
You have full right, power, 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 Digital Assets except pursuant to the terms of this Agreement. Should you use Digital Assets in an unauthorized way, you agree to any reasonable fee or penalty exercised by RenderHub under this Agreement or applicable law.
You will, prior to Purchase, determine the need for and, if appropriate, obtain any needed third-party clearance, consent, or release to use Other Intellectual Property shown in a Digital Asset, and shall not use a Digital Asset to infringe any party’s Other Intellectual Property rights.
You will immediately notify RenderHub of any legal claim or challenge against your use of a Digital Asset or any other rights issue, before disclosing such issue to any third party.
VIII. LIMITATION OF LIABILITY
Disclaimer of Warranties. The Digital Asset is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. RenderHub and the Seller hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. RenderHub allows your Purchase to be refunded in accordance with its Refund Policy.
Assumption of Risk. Licensee’s use of the Digital Asset is at Licensee’s own risk. You assume all risk for any damage to your network and computer system by Purchasing Digital Assets, including any damages resulting from computer viruses.
Limitation on Liability. In no event will RenderHub, its employees, agents, officers, directors, affiliates and service providers be liable for (a) damages of any kind, under any legal theory, arising out of or in connection with this Agreement, including, without limitation, your use, or inability to use, the Digital Asset, including 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 (b) any damages which exceed the fee that Licensee paid for the Digital Asset. The foregoing does 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.
Limitation on Time to File Claims. To the maximum extent permitted by law, any cause of action or claim you may have arising out of or relating to the Digital Asset 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.
Indemnification. Licensee agrees to defend, indemnify and hold harmless RenderHub, its affiliates, licensors (including, without limitation, Sellers) 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 Licensee’s (or anyone acting on Licensee’s behalf, including, without limitation, service providers) (i) violation of this Agreement, (ii) use of the Digital Asset in violation of law, rules or regulations, or (iii) use of the Digital Asset in violation of third-party rights where such violation is due to Licensee’s modification of the Digital Asset.
IX. OTHER PROVISIONS
Audit. Upon reasonable notice, Licensee agrees to provide to RenderHub sample copies of projects or end uses that contain Digital Assets, including providing to RenderHub free of charge access to any pay-walled or otherwise restricted access website or platform where the Digital Asset is reproduced. In addition, upon reasonable notice, RenderHub may, at its discretion, either through its own employees or through a third party, audit Licensee’s records directly related to this Agreement and Licensee’s use of the Digital Asset in order to verify compliance with the payment and other terms of this Agreement. If any audit reveals an underpayment by Licensee to RenderHub of five percent (5%) or more of the amount Licensee should have paid, then in addition to paying RenderHub the amount of the underpayment and any other remedies to which RenderHub is entitled, you also agree to reimburse RenderHub for the costs of conducting the audit.
Injunction. You agree that any material breach of this Agreement will result in irreparable harm to RenderHub for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, RenderHub 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 RenderHub seeks an injunction.
Governing Law. You agree that the laws of the State of New York, without regard to principles of law, will govern this Agreement and any dispute of any kind that might arise between you and RenderHub.
Dispute Resolution; Binding Arbitration.
You and RenderHub agree that this Agreement affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
If you and RenderHub are unable to resolve a dispute through informal negotiations, you agree that any dispute concerning, relating or referring to the Digital Asset and the Agreement shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16, according to the then existing Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) New York law and will take place in Queens County, New York.
The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. Any arbitration under the Agreement will take place on an individual basis—class arbitration and class actions are not permitted. By agreeing to this Agreement, you (and we) are waiving our right to a trial by jury.
Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief before the state or federal courts located in or having jurisdiction over Queens County, New York, pending a final decision by the arbitrator. A request for interim measures shall not be deemed a waiver of the right to arbitrate. If for any reason a dispute proceeds in court rather than arbitration, you consent to the exclusive jurisdiction and venue in the courts located in or having jurisdiction over Queens County, New York and hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to said jurisdiction and venue.
Waiver and Severability. No waiver by RenderHub of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RenderHub to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
Assignment. RenderHub 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 RenderHub’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 RenderHub.
Publicity. You agree that Purchases may be fully publicized by RenderHub and you grant RenderHub the right to use you and your company’s name, logo, and project name on the RenderHub website and in its related marketing and advertising materials.
Notices. Please Contact Us with all notices you are required to send to RenderHub under this Agreement, and also deliver such notices by mail to the following address: RenderHub, 3801 23rd Avenue, #407, Astoria, NY 11105. RenderHub will send all notices to Licensee via email to the address provided by Licensee during account creation or Purchase.
Modifications. RenderHub may modify this Agreement by posting an updated version on the RenderHub website. The then current version of the Agreement posted at the time of Purchase shall apply to Purchases (even if the Digital Asset is downloaded after the Agreement is updated). Updated versions of the Agreement shall not apply retroactively to prior Purchases unless either (1) Licensee is notified of its option to apply the updated terms to prior Purchases and expressly agrees (e.g., via clicking “Agree”) or (2) such modification (i) does not adversely affect any rights of Licensee and (ii) RenderHub notifies Licensee of the changes and that they will apply retroactively (e.g., via email to the address on file).
Interpretation. Unless the context requires otherwise, in any part of this Agreement: (i) "including" (and any of its derivative forms, e.g. "includes"), "e.g." and "for example" means "including but not limited to"; and (ii) use of the singular imports the plural and vice versa. This Agreement shall not be interpreted against the drafting party.
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.