Falling Pixel. 3D Resource Site.

Falling Pixel End User License Agreement (EULA)

Last Revision: 19th February 2008.
Falling Pixel Ltd. retains the right to change, in part or in full, this agreement with or without notice. It is advised to regularly check this document to ensure that you are aware of the terms and conditions you are agreeing to.

For any project completed through ‘3DRequest’ a separate contract will be provided prior to commencing the project.

DEFINITIONS:

1. "Content" is a term used to describe any asset/product found on Falling Pixel, whether “Free” or priced. This includes but is not limited to, 3D Models, Textures and Materials/Shaders.
2. "Asset" refers to any “Content” on the site that is for sale, or that is available for “Free” in a product format.
3. "Member" refers to anyone with an account at Falling Pixel.
4. "Seller" is a term used to describe a “Member” that creates an “Asset” listing/s on the Falling Pixel marketplace.
5. "Buyer" refers to a Member purchasing or downloading a “Sellers” “Asset”.
6. "Free" refers to an “Asset” that can be downloaded at no financial cost. This type of “Asset” is subject to the same license agreement as paid-for “Content”.
7. "Sale" refers to any transaction made on the Falling Pixel site, whether the “Asset” is “Free” or comes at a financial cost.
8. For the purpose of this License Agreement "Falling Pixel", "The Falling Pixel Marketplace", and "fallingpixel.com" all represent, "Falling Pixel Ltd.".

THIS AGREEMENT SHOULD BE READ BY ALL THOSE WISHING TO USE THE FALLING PIXEL SERVICE. BY SIGNING UP AS A FALLING PIXEL MEMBER YOU ARE AUTOMATICLY AGREEING TO THESE TERMS AND CONDITIONS. YOU RENEW THIS AGREEMENT UPON LOGGING INTO YOUR ACCOUNT AND/OR USING ANY OF THE SITES SERVICES. ANY QUESTIONS SHOULD BE DIRECTED TOWARDS THE FALLING PIXEL SUPPORT TEAM VIA THE SUPPORT SECTION OF THE SITE.

LICENSE AGREEMENT BETWEEN SELLER AND FALLING PIXEL

THESE TERMS AND CONDITIONS APPLY TO ALL SELLERS WITHOUT CONDTION OR NEGOTIATION.

The “Seller” grants Falling Pixel a non-exclusive, globally universal right to sell and distribute any asset uploaded to the Falling Pixel Marketplace. This license can be terminated at any time by the “Seller”; however if a transaction has already occurred Falling Pixel will retain the right to distribute any assets already purchased to any previous buyers. You also grant Falling Pixel the right to distribute, control and handle any royalties gained from a “Sale” via any of the available methods; which currently include PayPal, Personal Cheque and SWIFT International Bank Transfer. You also grant Falling Pixel the right to use any or all of the content uploaded for marketing purposes in any capacity, except in cases where the “Asset” itself is distributed in whole. You also grant Falling Pixel the right to store, protect, and back-up your data on any Falling Pixel owned or rented machine in whole or in part.

LICENSE AGREEMENT BETWEEN SELLER AND BUYER

Upon purchase of any content, you the “Seller” are granting a royalty-free, non-expiring commercial license to the “Buyer”. This license cannot be terminated after the purchase date except in cases of fraud, including but not limited to credit-card theft or false payment details. The “Buyer” does not gain, in any case, the right to re-sell or re-distribute the “Asset” purchased; and the “Seller” retains full Intellectual ownership over the “Asset” in a non-exclusive capacity.

Due to the nature of a digital “Asset” returns are not accepted as no guarantee can be made that the “Buyer” has fully removed all of the purchased “Content” from his/her machine. However in cases where an “Asset” has been miss-sold a full refund is often available at the discretion of Falling Pixel.

GENERAL TERMS AND CONDITIONS

1. Currency - The currency used by Falling Pixel is the Euro € (EUR). All “Assets” bought and sold on Falling Pixel will be in this currency with exception to 3DRequest purchases which can be made in either €(EUR), £(GBP) or $(USD). Royalty payouts will be in € (EUR) except for Personal Cheque payments which will be in £ (GBP), converted precisely according to XE.com at the time of writing the cheque.
2. Royalties – You have the right to request payment of all of your owed royalties at any time, with the condition that your current royalty balance is above €5 (EUR). For SWIFT International Bank payments a charge is normally incurred, issued by either Falling Pixel’s bank or the destination bank, but are never more than €20. Falling Pixel is not responsible for this payment and therefore it is automatically deducted from the amount by said bank. Falling Pixel aims to pay all requested royalties within 48 hours of the request, however Falling Pixel makes no guarantee as to the length of time taken to receive royalties. Artist royalties are currently set at 58% of the total sale price.
3. Termination of Agreement – Both Falling Pixel and the “Member” retain the right to terminate this agreement at any time, subject to the closure of said “Member’s” account.
4. Warranty – Falling Pixel provides no warranty to either the “Seller” or the “Buyer” for the services used or any “Asset” purchased. Falling Pixel is not responsible for any damages or losses incurred whilst using any of Falling Pixel’s services. Falling Pixel will work within its capacity to ensure every “Member” receives a professional service, however if for any reason this is not possible Falling Pixel will not be held partially, or fully responsible.
5. Downtime – Falling Pixel is not responsible for any down-time that may occur. Falling Pixel is also not responsible for any loss in revenue due to such downtime.
6. Allowed Assets – Falling Pixel retains the right to Quarantine or Remove any “Asset” for any reason, at any time. The “Seller” also agrees that they hold relevant, and up-to-date permission to sell every “Asset” uploaded, this includes but is not limited to usage rights of branding and logos and trademarked material.

DATA PROTECTION ACT STATEMENT:

As of the Data Protection Act (1998) you retain the right to request any information we hold on you in written form, this can be done via mail and electronic mail. You also retain the right to request the removal of any personal information we may hold on you.

WE WILL NOT DISTRIBUTE OR SELL ANY OF YOUR PERSONAL INFORMATION TO ANY THIRD PARTIES OR ORGANISATIONS. YOUR PERSONAL DATA IS STORED SECURELY AND CAN ONLY BE ACCESSED BY FALLING PIXEL EMPLOYEES.

FALLING PIXEL LTD. (05910637)