Terms & Conditions of Use

Terms & Conditions of Use
Definitions
Royalty Free (RF)- Terms & Conditions of Licensing
Additional Terms & Conditions of Licensing
General
Privacy and Security policy
Warranty and Return Policy

Textureworks.com Terms & Conditions of Use
The following terms and conditions (the “ Terms & Conditions ”) govern your use of our products and the textureworks.com website forming a legal agreement (the “ Agreement ”) between you, your company, your employer and your client, as the case may be, (collectively referred to herein as “You” or “Your”) and Textureworks.com . You are required to read this Agreement and accept all of its provisions by clicking on the “ I have read and agree… ” box.

Definitions:
"Digital Media Files" are any images, animations, films, videos or other audio/visual representations recorded in any format that are owned or controlled by Textureworks.com.

"Royalty Free (RF)" indicates that aside from the purchase price, no further fees or compensation are due regardless of how many times the Digital Media files are used or how many projects they are used for, provided that they may be used by only a single user in accordance with the terms and conditions of this Agreement.

"Restrictions" indicate some of the specific uses for the Digital Media Files that are NOT allowed. Regardless of whether a particular use is listed as a Restriction, any use of Digital Media Files that is not expressly permitted by this Agreement is not allowed. Please note that special licensing to obtain additional rights is available by contacting Textureworks.com.

Copyright in Digital Media files
All photographs, illustrations, digital art and other forms of Digital Media files sold through this Website, whether Rights-Managed or Royalty-Free (collectively, the “Digital Media files” ) are the exclusive property and copyright of Textureworks.com and/or its licensors. The Digital Media files are protected by national copyright laws, international treaty provisions and other applicable laws.

Unauthorized use of Digital Media files
Unless You have received and paid for a license from Textureworks.com :
1. it is illegal to copy or use any portion of any Image whether by photographic means, scanning, digital copying, or as reference for another image;
2. it is illegal to incorporate all or part of any Image into another image. Changing an Image does not give You any right to use the changed Image. The original Image, however modified or distorted, is still protected by copyright.

Liability for unauthorized use of Digital Media files
Textureworks.com , its international partners and their contributing artists and licensors earn their living by licensing and controlling all rights to the Digital Media files. You agree that any unauthorized use, publication or transmission of any Image by You is an infringement of copyright and that You will be responsible for any fees, damages and/or compensation arising from Your unauthorized use.

 

ROYALTY-FREE (RF)- Terms & Conditions of Licensing

Grant of License
Upon receipt of full payment from You, Textureworks.com will grant You the non-exclusive, non-transferable license to use and modify the Licensed RF Image, subject to the restrictions contained in this Agreement.

Permitted uses
Subject to the restrictions listed below, You may use the Licensed RF Image in any print, online, film, video, broadcast or multi-media product for promotional, advertising, editorial or consumer merchandise use, provided such products are not intended to allow the re-distribution or re-use of the RF Image.

Uses that are not permitted:
1. You may not rent, transfer or grant any rights to the Licensed RF Image to any person or organization without the prior written consent of Textureworks.com including, without limitation, for any compilation, derivative or collective work containing such Licensed RF Image.
2. You may not use the Licensed RF Image on more than one computer or workstation at a time, nor on a network or a multi-user system. If you need a seat license contact Textureworks.com to negotiate an additional license.
3. You may not sell, license or distribute Your final product in such a way that permits other persons to extract or access the Licensed RF Image as a stand-alone file.
4. You may not incorporate the Licensed RF Image into a logo, trademark or service mark.
5. You may not use the Licensed RF Image in any electronic template or application, including those that are Internet-based, where the purpose is to create multiple impressions of an electronic or printed product, including, but not limited to, website designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter without obtaining a license from Textureworks.com for such purpose.

(RF) Termination of License
The RF License is in force until it is terminated by Textureworks.com . If You do not comply with the terms and conditions of the RF License, then the RF License will automatically terminate and You and any end-user must cease using the respective RF Image(s) immediately.

(RF) Revocation of RF License
Textureworks.com reserves the right to revoke the license to use any RF Image for good cause and to elect to replace such RF Image with an alternative RF Image. Upon notice of any revocation of a license for any RF Image, You agree to cease using such RF Image immediately and will take all reasonable steps to discontinue the use of the replaced RF Image in products that already exist and will inform all end-users and clients of same.

Additional Terms & Conditions of Licensing

No Third Party Downloads
You may not post any Image on any electronic bulletin board, put it on-line in a downloadable or FTP format.

Third Party Releases

  1. Any Image of a recognizable person is deemed to have a model release unless Textureworks.com has stated otherwise in the caption information for the respective Image;
  2. An Image is deemed to have a property release only if the existence of such release is specified in the caption information for the respective Image on the Website;
  3. Textureworks.com does not have releases for the trademarks, logos or other intellectual property of other parties that may be depicted in some Digital Media files. The procuring of such releases is Your responsibility.
  4. Textureworks.com does not have releases from manufacturers for commercial products such as (without limitation) automobiles, aircraft, packaged products, designer clothing, etc. that are depicted in some Digital Media files. It is generally not possible for any stock image library or artist to get blanket releases for such products, but they can often be obtained on a case-by-case basis. The procuring of such releases is Your responsibility.

Context of use - You hereby agree that:

  1. You will not use or permit the use of any Image in a defamatory, libelous, pornographic or unlawful context or contrary to ethical business practices;
  2. You are responsible for all text used and claims made in connection with Your use of any Image;
  3. Sensitive issues
    If any Image depicting a person is to be used in a sensitive context (including, without limitation, context relating to sexual conduct, criminal activity, substance abuse, mental condition, religious, political or racial bias), then the existence of a model release may not be sufficient to protect You from action by the person depicted in the Image (the “Model”). If You intend to use an Image in a context that could be considered sensitive :
    1. You agree to notify Textureworks.com in writing and Textureworks.com (in its sole discretion) may determine to contact the Model and request a sensitive issues model release on Your behalf;
    2. Textureworks.com is NOT able to obtain sensitive issues model releases for RF Digital Media files due to the broad scope of RF Licenses, however, You are still required to abide by the provisions of this Section if licensing RF Digital Media files;
    3. You understand that such release could require You to pay an additional fee (which would require Your prior approval); and
    4. If Textureworks.com is unable to contact the Model, or if the Model refuses to execute a sensitive issues model release, or if You do not agree to the fee required for such release, or if Textureworks.com (in its sole discretion) declines to license the Image for Your purpose, then You agree that You will not use the Image and no license will be granted by Textureworks.com .
    5. Notwithstanding the provisions of this Section, if an Image featuring a Model is to be used in a context that may be controversial or embarrassing to that Model, You must print a statement adjacent to the reproduction indicating that the person is a model and is used for illustrative purposes only.

Digital Media files Depicting Financial Currency
Numerous government regulations and legal issues surround the reproduction of photos and illustrations of financial currency (" Currency Digital Media files ").

Textureworks.com accepts no liability for consequences arising from Your reproduction of Currency Digital Media files. You understand and agree that it is Your responsibility to seek independent legal counsel before reproducing or publishing Currency Digital Media files.

 

General

Disclaimer
Use of the Website and the Digital Media files is at Your sole risk. The Website and the Digital Media files are provided on an “as is”, “as available” basis without representations, warranties or conditions of any kind, either express or implied, including but not limited to representations, warranties or conditions of title or implied warranties or conditions of merchantability or fitness for a particular purpose or compatibility with any computer hardware or other equipment, operating system or software program. Textureworks.com makes no representation or warranties that the use of the Website will be uninterrupted or error-free.

Limitations of Liability
To the maximum extent permitted by law, in no event will Textureworks.com be liable for any indirect, punitive, incidental, special or consequential damages, whether foreseeable or unforeseeable, based on claims (including, but not limited to, claims for damages for loss of profits or loss of business opportunities, delay or inability to use the Digital Media files or the Website, mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations or transmissions) arising out of or in any way connected with the use of the Website or any Image whether based on contract, tort, strict liability or otherwise. Textureworks.com 's Liability in any circumstances will be limited to the amount paid for the License.

Indemnity
You agree to indemnify and hold harmless Textureworks.com , its licensors, and Agents and its and their respective directors, officers, agents and employees from any and all claims, liabilities, damages, demands, losses or expenses arising out of or in connection with: Your use of the Website and/or any Image; Your breach of the Terms and Conditions; Your breach of the License; Your infringement of any third party intellectual property rights; or any act or omission by You which results in:
(a) loss, damage, interference with or disruption to, the Website;
(b) use of the Website for any illegal purpose; or
(c) use of the Website to achieve any unauthorized or prohibited access to computer systems and data.

Governing Law
Including the International situations referred to in Section “I” above, this Agreement will be governed by the laws in force in the Romanian Republic, excluding the application of its conflicts of law rules, and the parties agree to the exclusive jurisdiction of the local courts located in the City of Bucharest.

For greater certainty, the United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement.

If any provision of this Agreement violates the law of the applicable jurisdiction and is unenforceable, that provision will be severed and the balance of this Agreement will remain in force.

Ownership of this Website
The Website is owned and operated by Textureworks.com . The materials used and displayed on the Website, including, but not limited to the Digital Media files, text, software, photographs, graphics, illustrations, artwork, names, logos and trademarks (collectively, the “Content” ) are the property or in the custody of Textureworks.com , its contributing artists or its licensors and are protected by copyright, trademark and other laws. The Content may not be copied or retransmitted in any form without the express written permission of Textureworks.com or subject to the terms of a Licence.

 

Privacy and Security policy
Textureworks.com sells its products using the on-line payment services of paypal. Thus, we can provide our customers a safe and efficient order and payment service.

When purchasing a License or engaging in other transactions on the Website, You may be asked to provide certain information, including credit bank information or information in connection with other payment mechanisms. Textureworks.com respects Your right to privacy and is committed to a privacy policy as set forth below. We do need to share some of Your personal information with others in order to do business with You through the Website. Any information You provide to Textureworks.com or to conduct a Web Transaction, including (without limitation) Your name, address, e-mail address, phone number and bank account information (collectively, "Information") will be used by Textureworks.com and authorized payment processors solely for the express purposes of fulfilling its commercial transactions with You. In general, Information may be disclosed as part of any business merger, sale of the assets of Textureworks.com or acquisition as well as in the event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of the business assets of Textureworks.com .

Confidentiality
Except as specifically stated herein, Textureworks.com will not share, sell, or otherwise transmit the Information to any other party except as required by law.

 

Warranty and Return Policy
Textureworks.com warrants the Digital Media Files to be free from defects in material and workmanship for 45 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of the Digital Media Files, applicable media or a refund of the purchase price, at the option of Textureworks.com. Textureworks.com MAKES NO OTHER WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE DIGITAL MEDIA FILES AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT ARE HEREBY DISCLAIMED.

 

Modifications to the Terms and Conditions

Textureworks.com
reserves the right to change the Terms and Conditions at any time without prior notice. Your continued access or use of the Website and/or the Digital Media files that appear on the Website after such changes indicates Your acceptance of the Terms and Conditions as modified. It is Your responsibility to review the Terms and Conditions regularly.

Contact Us
If you believe that Textureworks.com has failed to adhere to the privacy policy above, or if you want to update your information, please contact us at contact@textureworks.com

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