- most recent
End User License Agreement
Terms and Conditions
digitalelements.be is owned by IQIT BVBA
digitalelements.be Website End User License Agreement, License Grant from Vendor to digitalelements.be, License Agreement between Vendor and Member, and General Terms.
DEFINITIONS:
1. "Content" refers to any material published at digitalelements.be including but not limited to wire files, models, textures, plug-ins, video games, video game modifications, motion files, collections, packages, materials, scripts, shapes, custom UI skins, tutorials, frequently asked questions, words, music, films, images, and software.
2. "Member" refers to any person who creates a user account at digitalelements.be.
3. "Vendor" refers to the submitting individual or business who publishes content at digitalelements.be.
4. "Royalty Free" refers to a one-time usage fee as distinguished from a recurring rights fee.
5. "Affiliate" means an entity with which the digitalelements.be Corporation has entered into a sales affiliate relationship.
6. "Membership Services" refers to transmission and/or purchase of content to and from digitalelements.be via the digitalelements.be Website, a Client Application, or any approved web portal either currently in existence or in the future.
7. "For Sale" includes all content that requires a purchase of license rights, as distinguished from content available for free download.
8. "Valid Sale" refers to a sale of license rights in content, or other property via digitalelements.be, where the appropriate share of proceeds is received by a Vendor who published the content. Content for sale via digitalelements.be which is returned is not an example of a valid sale.
9. For the purposes of this agreement, digitalelements.be and digitalelements.be, Inc. can be used interchangeably.
10. "Subscription Plan" refers to a pay one price package of Content downloads.
digitalelements.be WEBSITE END USER LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE digitalelements.be WEBSITE AND THE TERMS AND CONDITIONS OF THE digitalelements.be MEMBERSHIP SERVICES.
YOUR USE digitalelements.be MEMBERSHIP SERVICES MEANS THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS YOU SHOULD NOT USE THE digitalelements.be MEMBERSHIP SERVICES.
LICENSE AGREEMENT BETWEEN VENDOR AND MEMBER
License Grant:
For any transmission of content from a Vendor to a Member, whether the transmission was the result of a license or free download, the following terms apply unless more restrictive terms are specified in the text description of the content:
1. Ownership. Unless explicitly provided for by a separate agreement, the Vendor retains, subject to any license agreement between the Vendor and digitalelements.be, copyright in content purchased or downloaded by any 3rd party via digitalelements.be.
2. Valid License. Any license rights relating to content for sale via digitalelements.be are contingent upon the transfer of money from the 3rd party to the Vendor. All license rights terminate immediately and without notice if a sale is reversed for any reason.
3. Rights Granted. The Vendor grants to the 3rd party who either purchases license rights to content via a valid sale, or downloads freely available content submitted by the Vendor, a non-exclusive, non-transferable, worldwide, royalty-free license to: publicly perform, publicly display, and digitally perform said content.
4. Rights Not Granted. Absent a written grant of rights greater than that contained in paragraph 3 above, all other rights or sub-divisions of rights generally included in copyright are excluded from this license.
5. Resale. The resale or redistribution by the third party of any content obtained from digitalelements.be, whether for sale or freely available for download, whether part of a valid sale or not, is expressly prohibited.
6. Returned Content. In the event a 3rd party returns any content, whether acquired by valid sale or freely available for download, all license rights granted herein terminate and the 3rd party must immediately destroy any and all copies contained on any type of media under the control or possession of the 3rd party.
LICENSE GRANT FROM VENDOR TO digitalelements.be
For any Vendors who provide digitalelements.be with any type of content for free distribution or sale, the following terms apply:
You (the "Vendor") hereby grant to us ("digitalelements.be"), and by the act of delivering content to us, grant a non-exclusive, worldwide, royalty-free license to: (a) reproduce, set prices for, sell, and distribute net proceeds from any sale, in whole or in part on my behalf; and to publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes; (b) create and use samples of the content solely for the purpose of demonstrating or promoting your products or services or those of digitalelements.be; (c) use any trademarks, service marks or trade names incorporated in the content in connection with your material; and (d) use the name and likeness of any individuals represented in the content only in connection with your material.
GENERAL TERMS
The following terms apply to all types of content submitted to digitalelements.be, including, but not limited to: wire files, models, textures, plug-ins, motion files, collections, packages, materials, scripts, shapes, custom UI skins, tutorials, frequently asked questions, words, music, films, images, and software:
1. Ownership. You retain ownership of the copyrights and all other rights in your content, subject to the non-exclusive rights granted to us under this agreement. You are free to grant similar rights to others during and after the term of this agreement.
2. Termination. The license grant contained in this agreement can be terminated using the guidelines below. digitalelements.be reserves the right, notwithstanding the guidelines below, to terminate this agreement at any time and without notice if any content submitted violates the representations and warranties of paragraph three (3) below. This agreement may be terminated at any time by either party upon written notice via email or regular mail. Nothing in this agreement shall be construed to mean that a Vendor may not submit or delete content from the material submitted by such Vendor as part of general maintenance of such Vendor's account.
3. Representations and Warranties. The term "Content" means any type of content, including, but not limited to: wire files, models, textures, plug-ins, motion files, collections, packages, materials, scripts, shapes, custom UI skins, tutorials, faq's, words, music, films, images, and software as applicable. You represent and warrant that: (a) the Content is your original work, and contains no copyrighted material of any kind that you are not the exclusive owner of, including but not limited to: music and/or sync rights, images (moving or still) of any kind, writings of any kind, and model clearances/releases; (b) you have full right and power to enter into and perform this agreement, and have secured all third party consents necessary to enter into this agreement; (c) the Content does not and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights; (d) the Content does not and will not violate any law, statute, ordinance or regulation; (e) the Content is not and will not be defamatory, libelous, pornographic, obscene or evocative of racial hatred of any kind; (f) the Content does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data; (g) all factual assertions that you have made and will make to us are true and complete. You agree to indemnify and hold us and our customers harmless from any and all damages and costs, including reasonable attorney's fees, arising out of or related to your breach of the representations and warranties described in this section. You agree to execute and deliver documents to us, upon our reasonable request, that evidence or effectuate our rights under this agreement.
4. Determining Type of Content. We implement and maintain business practices which enable us to accurately categorize content that you deliver to us. If we make an error in good faith, however and consequently exceed our license rights, your sole and exclusive remedy will be for us to take all reasonable steps to promptly correct the error as soon as we become aware of the error.
5. Royalty Payments and Commission.
No royalties or commission is charged by digitalelements.be. digitalelements.be has the right to change this. If a change occurs members of digitalelements.be will be informed via email and have the right to stop using the digitalelements.be services.
6. Disclaimer. We provide our products and services related to this agreement "AS IS" WITHOUT WARRANTY OF ANY KIND.
7. WARRANTY. digitalelements.be, INC. MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED IN CONJUNCTION WITH ANY CONTENT PUBLISHED AT digitalelements.be. digitalelements.be, INC WILL NOT BE LIABLE TO A VENDOR, MEMBER OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF EITHER THE digitalelements.be WEBSITE, THE digitalelements.be CLIENT APPLICATIONS OR ANY CONTENT PUBLISHED AT digitalelements.be, WHETHER FRAMED AS A BREACH OF WARRANTY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. VENDOR AGREES TO INDEMNIFY AND HOLD HARMLESS digitalelements.be, INC FOR ANY AND ALL CAUSES OF ACTION ARISING OUT OF THE SUBMISSION OF CONTENT TO digitalelements.be.
8. Deep Linking. You agree to refrain from the practice commonly referred to as "deep linking" whereby you use the content from digitalelements.be with any other web site via active linking or data mining.
9. Choice of Law. This agreement will be governed by belgian law, excluding conflict of law principles. Any action or proceeding arising out of or related to this agreement must be brought a Federal court located in Belgium, and both parties irrevocably submit to the exclusive jurisdiction of such courts. All notices, requests and other communications under this agreement must be in writing (e-mail messages shall be deemed writings).
10. Notices. Any notice required by this Agreement or given in connection with it, shall be in writing and delivered by mail or electronic mail.
IQIT BVBA
Customer Support
Nieuwe Molenstraat 176
9100 Sint-Niklaas
Belgium
info@digitalelements.be
11. Agreement Subject to Change. digitalelements.be, Inc. reserves the right to change the terms of this agreement with or without notice at any time.
12. Account Non-Transferability. digitalelements.be Vendor and Member accounts may only be used by the licensee. They may not be transferred or accessed by any other party without the explicit written permission of digitalelements.be, Inc.
Terms and Conditions
digitalelements.be is owned by IQIT BVBA
digitalelements.be Website End User License Agreement, License Grant from Vendor to digitalelements.be, License Agreement between Vendor and Member, and General Terms.
DEFINITIONS:
1. "Content" refers to any material published at digitalelements.be including but not limited to wire files, models, textures, plug-ins, video games, video game modifications, motion files, collections, packages, materials, scripts, shapes, custom UI skins, tutorials, frequently asked questions, words, music, films, images, and software.
2. "Member" refers to any person who creates a user account at digitalelements.be.
3. "Vendor" refers to the submitting individual or business who publishes content at digitalelements.be.
4. "Royalty Free" refers to a one-time usage fee as distinguished from a recurring rights fee.
5. "Affiliate" means an entity with which the digitalelements.be Corporation has entered into a sales affiliate relationship.
6. "Membership Services" refers to transmission and/or purchase of content to and from digitalelements.be via the digitalelements.be Website, a Client Application, or any approved web portal either currently in existence or in the future.
7. "For Sale" includes all content that requires a purchase of license rights, as distinguished from content available for free download.
8. "Valid Sale" refers to a sale of license rights in content, or other property via digitalelements.be, where the appropriate share of proceeds is received by a Vendor who published the content. Content for sale via digitalelements.be which is returned is not an example of a valid sale.
9. For the purposes of this agreement, digitalelements.be and digitalelements.be, Inc. can be used interchangeably.
10. "Subscription Plan" refers to a pay one price package of Content downloads.
digitalelements.be WEBSITE END USER LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE digitalelements.be WEBSITE AND THE TERMS AND CONDITIONS OF THE digitalelements.be MEMBERSHIP SERVICES.
YOUR USE digitalelements.be MEMBERSHIP SERVICES MEANS THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS YOU SHOULD NOT USE THE digitalelements.be MEMBERSHIP SERVICES.
LICENSE AGREEMENT BETWEEN VENDOR AND MEMBER
License Grant:
For any transmission of content from a Vendor to a Member, whether the transmission was the result of a license or free download, the following terms apply unless more restrictive terms are specified in the text description of the content:
1. Ownership. Unless explicitly provided for by a separate agreement, the Vendor retains, subject to any license agreement between the Vendor and digitalelements.be, copyright in content purchased or downloaded by any 3rd party via digitalelements.be.
2. Valid License. Any license rights relating to content for sale via digitalelements.be are contingent upon the transfer of money from the 3rd party to the Vendor. All license rights terminate immediately and without notice if a sale is reversed for any reason.
3. Rights Granted. The Vendor grants to the 3rd party who either purchases license rights to content via a valid sale, or downloads freely available content submitted by the Vendor, a non-exclusive, non-transferable, worldwide, royalty-free license to: publicly perform, publicly display, and digitally perform said content.
4. Rights Not Granted. Absent a written grant of rights greater than that contained in paragraph 3 above, all other rights or sub-divisions of rights generally included in copyright are excluded from this license.
5. Resale. The resale or redistribution by the third party of any content obtained from digitalelements.be, whether for sale or freely available for download, whether part of a valid sale or not, is expressly prohibited.
6. Returned Content. In the event a 3rd party returns any content, whether acquired by valid sale or freely available for download, all license rights granted herein terminate and the 3rd party must immediately destroy any and all copies contained on any type of media under the control or possession of the 3rd party.
LICENSE GRANT FROM VENDOR TO digitalelements.be
For any Vendors who provide digitalelements.be with any type of content for free distribution or sale, the following terms apply:
You (the "Vendor") hereby grant to us ("digitalelements.be"), and by the act of delivering content to us, grant a non-exclusive, worldwide, royalty-free license to: (a) reproduce, set prices for, sell, and distribute net proceeds from any sale, in whole or in part on my behalf; and to publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes; (b) create and use samples of the content solely for the purpose of demonstrating or promoting your products or services or those of digitalelements.be; (c) use any trademarks, service marks or trade names incorporated in the content in connection with your material; and (d) use the name and likeness of any individuals represented in the content only in connection with your material.
GENERAL TERMS
The following terms apply to all types of content submitted to digitalelements.be, including, but not limited to: wire files, models, textures, plug-ins, motion files, collections, packages, materials, scripts, shapes, custom UI skins, tutorials, frequently asked questions, words, music, films, images, and software:
1. Ownership. You retain ownership of the copyrights and all other rights in your content, subject to the non-exclusive rights granted to us under this agreement. You are free to grant similar rights to others during and after the term of this agreement.
2. Termination. The license grant contained in this agreement can be terminated using the guidelines below. digitalelements.be reserves the right, notwithstanding the guidelines below, to terminate this agreement at any time and without notice if any content submitted violates the representations and warranties of paragraph three (3) below. This agreement may be terminated at any time by either party upon written notice via email or regular mail. Nothing in this agreement shall be construed to mean that a Vendor may not submit or delete content from the material submitted by such Vendor as part of general maintenance of such Vendor's account.
3. Representations and Warranties. The term "Content" means any type of content, including, but not limited to: wire files, models, textures, plug-ins, motion files, collections, packages, materials, scripts, shapes, custom UI skins, tutorials, faq's, words, music, films, images, and software as applicable. You represent and warrant that: (a) the Content is your original work, and contains no copyrighted material of any kind that you are not the exclusive owner of, including but not limited to: music and/or sync rights, images (moving or still) of any kind, writings of any kind, and model clearances/releases; (b) you have full right and power to enter into and perform this agreement, and have secured all third party consents necessary to enter into this agreement; (c) the Content does not and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights; (d) the Content does not and will not violate any law, statute, ordinance or regulation; (e) the Content is not and will not be defamatory, libelous, pornographic, obscene or evocative of racial hatred of any kind; (f) the Content does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data; (g) all factual assertions that you have made and will make to us are true and complete. You agree to indemnify and hold us and our customers harmless from any and all damages and costs, including reasonable attorney's fees, arising out of or related to your breach of the representations and warranties described in this section. You agree to execute and deliver documents to us, upon our reasonable request, that evidence or effectuate our rights under this agreement.
4. Determining Type of Content. We implement and maintain business practices which enable us to accurately categorize content that you deliver to us. If we make an error in good faith, however and consequently exceed our license rights, your sole and exclusive remedy will be for us to take all reasonable steps to promptly correct the error as soon as we become aware of the error.
5. Royalty Payments and Commission.
No royalties or commission is charged by digitalelements.be. digitalelements.be has the right to change this. If a change occurs members of digitalelements.be will be informed via email and have the right to stop using the digitalelements.be services.
6. Disclaimer. We provide our products and services related to this agreement "AS IS" WITHOUT WARRANTY OF ANY KIND.
7. WARRANTY. digitalelements.be, INC. MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED IN CONJUNCTION WITH ANY CONTENT PUBLISHED AT digitalelements.be. digitalelements.be, INC WILL NOT BE LIABLE TO A VENDOR, MEMBER OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF EITHER THE digitalelements.be WEBSITE, THE digitalelements.be CLIENT APPLICATIONS OR ANY CONTENT PUBLISHED AT digitalelements.be, WHETHER FRAMED AS A BREACH OF WARRANTY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. VENDOR AGREES TO INDEMNIFY AND HOLD HARMLESS digitalelements.be, INC FOR ANY AND ALL CAUSES OF ACTION ARISING OUT OF THE SUBMISSION OF CONTENT TO digitalelements.be.
8. Deep Linking. You agree to refrain from the practice commonly referred to as "deep linking" whereby you use the content from digitalelements.be with any other web site via active linking or data mining.
9. Choice of Law. This agreement will be governed by belgian law, excluding conflict of law principles. Any action or proceeding arising out of or related to this agreement must be brought a Federal court located in Belgium, and both parties irrevocably submit to the exclusive jurisdiction of such courts. All notices, requests and other communications under this agreement must be in writing (e-mail messages shall be deemed writings).
10. Notices. Any notice required by this Agreement or given in connection with it, shall be in writing and delivered by mail or electronic mail.
IQIT BVBA
Customer Support
Nieuwe Molenstraat 176
9100 Sint-Niklaas
Belgium
info@digitalelements.be
11. Agreement Subject to Change. digitalelements.be, Inc. reserves the right to change the terms of this agreement with or without notice at any time.
12. Account Non-Transferability. digitalelements.be Vendor and Member accounts may only be used by the licensee. They may not be transferred or accessed by any other party without the explicit written permission of digitalelements.be, Inc.
