The following is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement ("you") and CGSkies.com ("The Website", "CGSkies").
Please read this agreement carefully before downloading any CGSkies Images and/or content ("Image" or "Images"). By downloading any Image, you agree to be bound by the terms of this agreement. CGSkies reserves the right to change any of the terms of this agreement at any time, and you agree to be bound by such changes. If you do not agree to these Terms of Service, do not download or use any Images.
1. License Terms
CGSkies hereby grants to you a perpetual, non-exclusive, non-transferable worldwide license to use the Images for the Permitted Uses defined below. Unless the activity or use is a Permitted Use, you cannot do it. All rights in and to the Images, including, without limitation, all copyright and other intellectual property rights relating to the Images, are retained by CGSkies.
2. Permitted Uses
a. Samples of each Image may be downloaded for free. These sample Images are intended for personal, educational or testing purposes only and may not be used in commercial projects. For use in commercial projects an Image needs to be purchased.
b. You may only use the Images for the Permitted Uses as defined in 2d. In addition, the work you produce with the Image must be used for yourself, your direct employer, client, or customer, who must be the end user of your work.
c. Location Restrictions. You may install and use the images in only one (1) location at a time, although you may transfer files containing Images or Derivative Works to your clients, render farm or printers for the sole purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Images. You are entitled to utilize the Permitted Uses an unlimited number of times. You may physically transfer the Images and its archives from one location to another, in which case you may use the Images at the new location instead. If you require the Images to be in more than one location, you must purchase the Images from the Website for each such location. You may make one (1) copy of the Images solely for back-up purposes.
d. Permitted Uses. The following are 'Permitted Uses' of the Images (subjected to the restrictions described under Prohibited Uses below):
1.advertising and promotional projects, including printed materials, product packaging, presentations, architectural renders, film and video presentations, commercials, catalogues, brochures;
2.Inclusion in computer games
3.entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations;
4.online or electronic publications, including web pages to a maximum of 1600 x 1200 pixels.
5.prints, posters (i.e. a hardcopy) and other reproductions for personal use or promotional purposes specified in (1) above, but not for resale, license or other distribution;
6.any other uses approved in writing by CGSkies
If there is any doubt that a proposed use is a Permitted Use, please email email@example.com for clarification.
This section spells out the CGSkies license prohibitions. You may not do anything with the Image(s) that is not expressly permitted in the preceding section.
For clarity, you may not:
a. sub-license, re-sell, repackage, rent, lend, give, assign, donate or otherwise redistribute the Image(s) or the rights granted under this Agreement. This includes bundling the Image(s) with a 3D scene, 3D model or map intended for resale, license or other distribution;
b. use the images in 'Second Life' or any other online user generated online worlds or distribute or sell them within these worlds.
c. release the Images(s) under an Open Source license, for example Creative Commons, GPL;
d. use the Image(s) in design template applications intended for resale, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;
e. use or display any Image on websites or in connection with any service designed to sell or induce sales of "print on demand" products using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, giclee prints, wallpaper, artwork and other items;
f. incorporate the Image(s) in any product that results in a redistribution or re-use of the Image(s) (e.g., online greeting cards, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Image(s) as an electronic file;
g. incorporate or bundle the images with software such as paint programs, 3D programs, photo-kiosk software;
h. install and use the Image(s) in more than one (1) location at a time or post a copy of the Image(s) on a network server or web server for use by other users. You agree to take all commercially responsible steps to prevent third parties from duplicating any Image;
i. use or display the Image(s) in an electronic format that enables it to be shared in any peer-to-peer or similar file sharing arrangement;
j. use the Images in a manner that competes with CGSkies business. This includes, without limitation, displaying CGSkies Images in any format (including thumbnails) for download on a website, offering CGSkies Images for sale;
k. use the Image(s) in a fashion that is considered obscene, immoral, infringing, defamatory or libelous in nature;
l. use automated programs, applets, bots or the like to access the CGSkies.com website or any content thereon for any purpose, including, by way of example only, downloading Images, indexing or caching the content on the website;
4. Term and Termination
a. This Agreement is effective until it is terminated. You can terminate this Agreement by destroying or deleting the Image(s) and any permitted derivative works, along with any copies or archives of it or accompanying materials, if any, and ceasing to use the Image(s) for any purpose.
b. CGSkies may terminate this Agreement without notice if at any time you fail to comply with any of its terms. Upon termination, you must immediately cease using the Image(s) and for any purpose; destroy or delete all copies and archives of the Image(s) or accompanying materials; and if requested, confirm to CGSkies in writing that you have complied with these requirements.
5. Representations and Warranties
a. CGSkies warrants that unaltered Images downloaded and used in full compliance with this Agreement and applicable law, will not infringe any copyright, trademark or other intellectual property right, nor will such unaltered Images violate any third parties' rights of privacy or publicity.
b. Other than as expressly provided in Section 5(a), the Images are provided "as is" without representation, warranty or condition of any kind, either express or implied, including fitness for a particular purpose. CGSkies does not warrant that the Images will meet your requirements or that the use of the Website will be uninterrupted or error free. The entire risk as to the quality and performance of the Images is with you.
c. In no event shall CGSkies or any of its affiliates, or employees be liable for any incidental, indirect, punitive, exemplary or consequential damages whatsoever, including damages for loss of profits, interruption, loss of business information, loss of data, or any other pecuniary loss in connection with any claim, loss, action, suit, damage or other proceeding arising under or out of this License, including without limitation your use of, reliance upon, access to or exploitation of the CGSkies website, the Images or any part thereof, or any rights granted to you hereunder, whether the action is based on contract, tort (including negligence) or otherwise.
a. After Payment you will have access to the full resolution images in various formats by means of a download link on the CGSkies Website.
b. When purchasing several images at the same time and/or making a payment by credit card it might take up to 24 hours before you have access to the full resolution images.
a. CGSkies respects your privacy and does not disclose personal information of our visitors. No newsletters or offers will be sent to you. Any information submitted by the buyer will be used solely for the purpose of completing the transaction, delivering the product and addressing any customer service issues.
b. We use third-party advertising companies (Google Adsense) to serve ads when you visit our website. These companies may use information (not including personally identifying information such as your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. For more information about this subject (including on how to "Opt-Out" on advertising cookies) please visit this link: Google Advertsing and Privacy page
8. Miscellaneous Provisions
a. CGSkies failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
b. This Agreement is personal to you and is not assignable by you without CGSkies prior written consent. CGSkies may assign this Agreement without your consent to any other party.
c. If all or part of any provision of this Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision an enforceable provision or provisions, that as nearly as possible reflects the terms of the unenforceable whole or part provision.
d. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the CGSkies Images, pursuant to this Agreement.
e. If you are not 100% satisfied with your purchase, you can request a refund for up to 7 days from the purchase date.
f. In the event that you breach any of the terms of this Agreement or any other agreement with CGSkies relating to the CGSkies Images, CGSkies shall have the right to terminate your account without further notice. Such termination shall be in addition to CGSkies other rights at law and/or equity. CGSkies shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of such breach.
g. This License shall be governed by and construed in accordance with the laws of The Netherlands, without regards to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in The Netherlands.
h. This Agreement is prepared and executed in the English language. The English language version shall govern the parties' relationship. Any translation of this Agreement into other languages shall be for informational purposes and shall have no legal effect.
i. Physical address: CGSkies.com, Krommedijk 231, 3312LE Dordrecht, The Netherlands.
Any questions relating to our License Agreements may be directed to (firstname.lastname@example.org).