This document ("Agreement") sets forth the terms and conditions that govern your use of the textures/ 3D assets, surface scans and photos (collectively, the "Materials") offered by texturing.xyz ("TexturingXYZ"). Please read this Agreement carefully before accessing, purchasing, downloading, or using any Materials from TexturingXYZ.

LICENSE GRANT

TexturingXYZ offers Materials and tutorials for use by game developers, special effects artists, graphic designers, and other professionals. The license granted for the use of the Materials gives you no lawful right to submit, use, or otherwise make available the Materials in Second Life or otherwise to Linden Research, Inc. Use of the Materials in such a manner will be an infringement of TexturingXYZ's intellectual property rights, and TexturingXYZ reserves the right to take action to prevent any such infringement.

INTELLECTUAL PROPERTY

All Materials, including the organization and presentation of these Materials on the TexturingXYZ website, are the property of TexturingXYZ and are protected by intellectual property laws. Some Materials contain graphic materials such as logos or product names. The use of these kinds of images is at your own discretion.

CONDITIONS OF USE

Your use of the Materials is only allowed under the following conditions:

• Private or business or research and development use (depending on purchased license)
• Use in 2D or 3D computer graphics, movies, and printed media
• Incorporation in computer games, 3D models

PERSONAL SINGLE USER LICENSE PARAMETERS

Purchasing a PERSONAL SINGLE USER LICENSE allows for the following:

• Use of the Materials for personal projects, anatomical study, or portfolio work
• 3D printing of the scan for personal use
• Use in any non-commercial personal project (except for freelancers/self-employees)
• Use in your portfolio works

Purchasing a PERSONAL SINGLE USER LICENSE does not allow for the following:

• Resale of the Materials or derivative of the Materials in any 2D/3D format
• Using the Materials or any derivative of the data within a commercial product or project (except for freelancers/self-employees)
• Promotion of a commercial product or project

BUSINESS COMMERCIAL PROJECT LICENSE PARAMETERS

Purchasing a BUSINESS COMMERCIAL PROJECT LICENSE allows for the following:

• Integration of Materials for sale in a commercial project, such as video games, movies, or virtual reality experiences.

Purchasing a BUSINESS COMMERCIAL PROJECT LICENSE does not allow for the following:

• Resale of the raw data, for example, selling our Materials or modified versions of our scans on your own shop or online marketplace.

A company must purchase under a commercial use license.

PROHIBITED USES

It is NOT permitted to:

• Sell or distribute any of these Materials in an unmodified form or where the derived product you are selling or distributing is a material or a collection of Materials. In other words, do not sell or distribute any of these Materials (modified or not) by itself or in a texture pack, material, clip art, website theme, or scrapbooking pack.
• Use commercially or for profit a free download or giveaway product without expressed permission.
• Use a special program (spider, leecher) or script to automatically download all Materials. Users who try to mass download will be banned from the website automatically.
• Interfere with the security or otherwise abuse, disrupt, place excessive loads on, or attempt to gain unauthorized access to the TexturingXYZ website or any system resources or networks connected to this website.
• Release the Materials or derivative products under Open Source Licenses
• Use any Materials purchased from this shop's commercial or non-commercial license to produce an online/offline 3D/anatomy/photography viewer.
• Use any product purchased (including geos, textures, photos) to work with Artificial intelligence tools and software (deep learning, neural network, data train..).

NO RIGHT TO CREATE AND SELL TEXTURINGXYZ LIBRARY AND CUSTOMER ASSETS ON STAND ALONE BASIS

The assets purchased may not be used for creating Customer Assets that are to be sold, leased, licensed or otherwise provided to third parties on a “stand-alone” basis, i.e. You may only use the assets ordered to create Customer Assets for inclusion in your own products and services (i.e. video games, films etc.). You may not create and sell Customer Assets on its own for re-use by other parties, unless you have received TexturingXYZ’s prior written consent and agree to pay a separate license fee as stipulated by TexturingXYZ. Please contact us for any inquiries regarding such licensing.

PRIVACY

TexturingXYZ upholds the privacy of personal information shared by individuals who interact with us. We do not disclose any personal information of our members or website visitors. Prior consent will always be obtained before sending newsletters or offers. Any information provided by the buyer will be used solely for the purpose of completing the transaction, delivering the product, and addressing customer service issues.

PROHIBITION ON REVERSE ENGINEERING

Users are prohibited from reverse-engineering, decompiling, or disassembling the Materials. Any attempt to do so shall be deemed a breach of this Agreement and shall be subject to legal action.

NO TRANSFER OF OWNERSHIP

Purchasing a license to use the Materials does not transfer any ownership rights of the Materials to the user. TexturingXYZ retains all ownership rights, including intellectual property rights, to the Materials.

LIMITATION OF LIABILITY

Users of the TexturingXYZ website, textures, materials, and information assume all responsibility and risk for their use. TexturingXYZ does not represent or warrant that the site or any content available for download will be free of viruses or similar contaminants or destructive features.

TexturingXYZ and its affiliates and employees shall not 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. This includes, without limitation, your use of, reliance upon, access to, or exploitation of the TexturingXYZ website, materials, or any part thereof, or any rights granted to you hereunder. This applies even if we have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights, or otherwise.

DISCOUNT AND OFFERS

Discounts and offers on TexturingXYZ do not allow for a reduced price or refund on previous orders, nor do they entitle the user to new discounts based on current offers available on the website. Discounts and offers always have a start and end date/time.

INDEMNIFICATION

Users agree to indemnify and hold harmless TexturingXYZ, its affiliates, officers, agents, and employees from any and all claims, damages, expenses, and liabilities (including reasonable attorneys' fees) arising from the user's use of the Materials, breach of this Agreement, or violation of any law or third-party rights.

MODIFICATIONS

TexturingXYZ reserves the right to modify this license at any time, in its sole discretion, by posting a new version on the texturingXYZ website. Your continued use of the Materials after such modification constitutes your acceptance of the modified license.

SEVERABILITY

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that you have the legal right and authority to enter into this Agreement and to use the Materials in accordance with the terms and conditions stated herein.

GOVERNING LAW

This License shall be governed by and construed in accordance with the laws of France, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of France for any legal dispute.

REFUND OR EXCHANGE

Except for cases where TexturingXYZ's team made a mistake with a product, such as a mis-match with an asset and its description, wrong files in a package, or corrupted files, we do not refund or exchange assets/orders.

NO WARRANTY

The Materials are provided "as is" and without warranties of any kind, either express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. TexturingXYZ does not warrant that the Materials will meet the user's requirements or that the operation of the Materials will error-free.

TERMINATION

TexturingXYZ reserves the right to terminate the user's license to use the Materials at any time without notice or liability. Upon termination, the user must immediately cease using the Materials and delete all copies of the Materials from their computer or storage device.

EMAIL

If you have any questions regarding this license or any other inquiries about TexturingXYZ, please email us at hello[at]texturing[dot]xyz.

Latest update: 20/04/2023