- "Top Texture", "Us", "We" or "Our" means the company Industrial Parts Ltd, registered in Bulgaria with VAT number 131527247.
- "You" or "Your" refers to you or any other entity on behalf of which you have full legal authority to act and accept this Agreement.
- "Intellectual Property Rights" means copyright, patents, registered designs, trademarks (registered or not), trade secrets, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions that grant similar rights.
- "Media" means images, textures, illustrations, vectors, films, videos, animations or other visual, audio, text or other media offered for distribution through the Site in any form and variation.
- "Site" means the website hosted with domain name toptexture.com and its subdomains.
- "License Agreement" means a license agreement with Us which allows You to download and use the Media out of the Site.
- "Licensed Media" means Media You are licensed to Use in terms of this Agreement.
- "Use" in regards to the Media means to display, reproduce, publish, broadcast, transmit, alter, adapt and / or create derivative works from the Media.
- "Terms" means the "Non-commercial License" and the "Commercial License" terms.
- "Permitted Use" means the way You in which you may Use the Media in relation to the specific Terms.
- "Prohibited Use" means any Use of the Licensed Media which is not a Permitted Use and / or is additionally listed as a prohibited use.
- "License Fee" means the amount You pay to Us for licensing the Licensed Media from Us.
- "Order Confirmation" means the confirmation We send to You confirming the Terms of Your order for Use of Licensed Media.
- By downloading any Media from the Site or by making any Use of the Media You accept this Agreement and agree to be bound by its Terms.
- This is not a one time or catch-all agreement. For each individual Media download, You enter into a new License Agreement for that Media.
Grant of License
You are not allowed to Use the Media without agreeing to the terms of this Agreement.
- The license described in this clause comes into being only upon payment of the full License Fee, which will be confirmed by the Order Confirmation.
- We grant You a non-exclusive, non-transferable, non-sublicensable and worldwide license to Use the Licensed Media subject to the Terms.
- Any Use of the Licensed Media not explicitly described as a Permitted Use, or listed as a Prohibited Use will be considered breach of this Agreement and a copyright infringement.
- All rights in and to the Media, including, without limitation, all Intellectual Property Rights relating to the Media, including any adaptations to the Media, are retained by Us or the supplier of the Media, as the case may be. No part of this Agreement shall be interpreted as assignment or transfer of any Intellectual Property Rights in regards to the Media to You or to any other party.
- In case of uncertainty if the intended Use of the Media by You is a Permitted or Prohibited Use, You should contact Us.
- Only You are permitted to Use the Licensed Media. You may although transfer files containing the Licensed Media to Your clients, printers or Internet service provider for the purpose of Your Permitted Use, provided You ensure they cannot access or extract the Licensed Media from the files You transfer and they do not make any other Use of the Licensed Media.
- Use in personal projects 3D models and scenes, design and personal portfolio presentations, but not for any commercial, promotional, endorsement, advertising or merchandising Use.
You may not Use the Licensed Media for any purposes other than the ones explicitly listed as Permitted Use. Any such Prohibited Use will be considered a breach of the License Agreement and copyright infringement. Examples of such Prohibited Use include but are not limited to:
- Use of the Licensed Media in electronic or digital templates or items intended for resale or other distribution, whether on-line or not, including, without limitation, 3D models, content libraries or other digital assets, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;
- Use or display the Licensed Media on websites or other venues designed to induce or involving the sale, license or other distribution of "on demand" products including, without limitation, postcards, mugs, t-shirts, posters and other items;
- Use the Licensed Media in connection with any goods or services intended for resale or distribution where the primary value lies in the Licensed Media itself including, without limitation, texture or 3D model packages, content and digital asset libraries, cards, stationary items, paper products, calendars, apparel items, posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;
- Use of the Licensed Media or a portion or adaptation thereof as part of a trademark, design mark, trade name, business name, service mark or logo;
- Incorporation of the Licensed Media into any product or service resulting in the re-distribution or re-Use of the Licensed Media or is otherwise made available in a manner such that a person or a device can extract or access, or reproduce the Licensed Media as an electronic file;
- Use of the Licensed Media in a fashion that We (acting reasonably) consider to be pornographic, obscene, immoral, drug use, dating service, political / religious / cause or other endorsement, infringing of Intellectual Property Rights, defamatory in nature, unlawful or that would be reasonably likely to bring any person or property reflected in the Licensed Media into disrepute;
- Use or display any Media featuring a model, person or property in connection constituting or implying identity theft, including but not limited to Use in online profile, avatar image or any other misleading manner;
- Use or display any Media featuring a model or person in a way or context that is potentially sensitive such as physical / mental health or social issues, sexual activity or preference (direct or implied), abuse, crime, or any other potentially offensive or unflattering way to the person depicted in the Licensed Media;
- Removal of any visible or invisible (e.g. IPTC data) notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Licensed Media;
- Falsely represent, expressly or by way of reasonable implication, that the Licensed Media was created by You or any other person different from the original copyright holder (Us).
- Sub-license, re-sell, rent, lend, assign, donate, provide as a gift or otherwise transfer or distribute the Licensed Media or the rights granted under this Agreement;
- Make the Licensed media available on a network or device for download and / or Use by others;
- Use Licensed Media identified as "Non-Commercial", for any commercial, promotional, endorsement, advertising or merchandising Use.
- Use the Licensed Media in a manner that competes with Our business.
We reserve the right to replace any Commercial License with a Non-Commercial License for any Media at any time and without prior notice, in case it has come to Our attention that the Licensed Media depicts or includes elements which may not be used commercially for legal and / or other reasons, or at Our discretion. You Use the Licensed Media at Your own responsibility at all times. Any such change will be non-refundable and You mayz Use the Licensed Media under the Terms of Non-Commercial License.
For Media identified as "Commercial" the contents of this clause apply to Your Use of the Licensed Media. All "Non-Commercial License" Terms also apply to Your Use of the Licensed Media, including the Prohibited Use.
- Use in advertising and promotional projects including 3D models, games, design and printed materials, product packaging, presentations, commercials, film / video / movie, books, magazines, newspapers, broadcast, online electronic publications (but not in any electronic items for resale);
Payment, Delivery and Refunds
- You agree to pay the full License Fee prior to Your Use of the Licensed Media.
- The Licensed Media will be delivered to You as an electronic download through the Site. Each download link can be used only three (3) times.
- Due to the nature of the products (downloadable Media) We will not issue refunds.
- In case of a technical problem, e.g. You were not able to download the Licensed Media, please contact Us and We may provide a solution at Our discretion.
- We warrant that Your Use of the Licensed Media according to the Terms of this Agreement and in the form delivered by Us will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity;
- This warranty will not apply if You know, or under the circumstances should reasonably know, that third party Intellectual Property Rights are being infringed in this way, unless You immediately inform Us of this in writing and cease all Use of the Licensed Media.
- We warrant that all necessary model and/or property releases for Use of the Content under the Terms of this Agreement have been obtained.
- With the exception of the warranties provided above, the Licensed Media is provided "as is" without representation, condition or warranty of any kind, either express or implied in respect of the Licensed Media. We make no representations or warranties regarding the quality of the Licensed Media or the fitness of the Licensed Media for the purpose for which You acquired it.
- In case You breach this Agreement, We may terminate it without notice to You.
- You may terminate this Agreement at any time by sending Us a written notice provided You cease any Use and destroy all copies of the Licensed Media, including backup copies and those of possession of Your clients, printers and service providers.
- We reserve the right to claim damages for breach or copyright infringement even after termination of this Agreement.