1 February 2012
§2 Prices and Payment Terms
2.1. The purchase price has to be paid in advance.
2.2. Regularly all 3DLOOK Agencja Reklamowa products are available for immediate download. Should one or more of the ordered product not be available for immediate download, or if the product (s) have been discontinued, then the buyer will be informed about this without undue delay.
§3 Return of products
3.1. The return option apply for 'Digital Media Files' which are obtained per Download or per Electronic Software Delivery only in case where buyer newer downloaded product.
§4 Change of Ownership
4.1. 3DLOOK Agencja Reklamowa remains owner of the products or 'Digital Media Files' until complete and final payment of all open receivables between the seller and the buyer in question. As long as complete and final payment has not been made the buyer does not hold a valid license as described in this document. This license only takes effect after complete and final payment.
§5 Protection of Customer Data
5.1. 3DLOOK Agencja Reklamowa processes customer data solely for the purpose of order fulfillment and for the occasional contact with customers through 3DLOOK Agencja Reklamowa itself. Service companies (e.g. banks) which have to be involved in the order regular processing (e.g. credit card verification) receive customer data only to the extent necessary for completion of the order. 3DLOOK Agencja Reklamowa will never pass on or sell customer data to any third parties. 3DLOOK Agencja Reklamowa treats all customer data highly confidential.
§6 Electronic Software Delivery
6.1. If the buyer purchases the product or the 'Digital Media Files' through Electronic Software Delivery the seller will make the product or 'Digital Media File' available for download from its server (copy).
§7 License Agreement
With the download of digital media files, you (the buyer) recognize the validity of this agreement. If a buyer enters this agreement in the name/in place of the employer then the coverage of this agreement will extend to both the employee and the employer. If the employment is terminated then the employer can continue to use the product with all the inherent rights and obligations laid out in this agreement.
7.1. Definitions - Digital Media Files are any textures, 3D-models, images, animations, movie-clips, videos, programs, audio-files or other audio/visual digital representations recorded in any format which a buyer properly purchases from 3DLOOK Agencja Reklamowa, or which a user obtains, directly or indirectly, from 3DLOOK Agencja Reklamowa .
7.2. Granting of the License - With the proper purchase and use of the Digital Media File(s) the buyer obtains a nonexclusive license to use and modify the Digital Media File(s) according to the conditions laid out in the following paragraphs.
7.3. License - The Digital Media File(s) can be used license-free (without additional fees), and -except for below mentioned exceptions - without limitations in: animations, illustrations/renderings, film/ video, TV, multimedia, commercials, live-performances, Internet, presentations, product- or print jobs (DVD, computer games, entertainment and training videos, music videos, etc.). The usage limitations are the following: Digital Media File(s) may NOT be:
A. separately published, marketed, distributed, transferred, sold or sublicensed in full or in excerpts (any part thereof).
B. published, marketed, distributed, transferred, sold or sublicensed as part of a rendering, animation, software application, data or any other product from which any original Digital Media File, or any part thereof, or any substantially similar version of the original Digital Media File can be separately exported, extracted, or decompiled into any redistributable form or format.
C. published, marketed, distributed, transferred, sold or sublicensed as 'clip art' or the like, including but not limited to animations or still images that are sublicensed or otherwise distributed by a stock photography or stock animation agency, or in any other manner in which the primary source of value derived from publishing, marketing, distributing, transferring, selling or sublicensing the image (or Digital Media File) is that it is accessible in a manner similar to 'clip art.'
7.4. Single-user License - The Digital Media File(s) may only be modified or used in unmodified form, on one computer at any one time. You may not rent, lease, lend, sell or sublicense the Digital Media File(s) to another person, company or other entity. Anything you produce using the Digital Media File(s) must be for your own use, or for the use of your employer, client or customer, who must be the end-user of your work.
7.5. Special License - Please note that special licensing is available from 3DLOOK Agencja Reklamowa in order to obtain additional rights (beyond the rights outlined above).
7.6. Special Limitations - The Digital Media File(s) may not under any circumstances be used in or in conjunction with pornographic, defamatory, obscene, fraudulent, libelous, infringing, immoral, or illegal material. The buyer and/or user have the sole & full responsibility for all legal consequences of any such use.
7.7. Copyright - All Digital Media Files are copyright 3DLOOK Agencja Reklamowa or its licensors and are protected by European Union copyright laws, international treaty provisions and other applicable laws. No title or intellectual property right in the Digital Media File(s) is transferred to the buyer. 3DLOOK Agencja Reklamowa retains all rights not expressedly granted to the buyer by this license agreement.
7.8. Liability - 3DLOOK Agencja Reklamowa is not liable for specific, direct, indirect, consequential, punitive (fines/penalties), or incidental damages, (incl. but not limited to damages through the loss of profit, business interruption, loss of business data, or any other monetary loss) which result from the successful or failed use of the Digital Media File(s). Licensor’s entire liability and the buyer’s exclusive remedy shall be no more than the amount paid for the particular Digital Media File(s).
7.9 Breach of Contract - The buyer/user agrees to indemnify, defend and hold 3DLOOK Agencja Reklamowa our affiliates, business partners, officers, directors, employees and agents harmless from any loss, damages, claim or liability of any kind arising from :
A) the use of the Digital Media File(s) in any form,
B) any breach of the terms and conditions of this agreement, or
C) the buyer’s/user’s negligent act, omission or willful misconduct. All license rights granted pursuant to this agreement shall automatically terminate upon the breach of this agreement.
7.10. Warranty - 3DLOOK Agencja Reklamowa warrants The Digital Media File(s) to be free from defects in material and workmanship for 90 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of The Digital Media File(s) or applicable media. Refunding the purchase price is only an option for 3DLOOK Agencja Reklamowa. 3DLOOK Agencja Reklamowa MAKES NO OTHER WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE DIGITAL MEDIA FILE(S) AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT ARE HEREBY DISCLAIMED.
7.11. Amendments - 3DLOOK Agencja Reklamowa reserves the right to amend or change this agreement at any time.
7.12. Enforceability - If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms.
§8 Website term of use
8.1 Person who created an account/registered on website www.4viz.eu become an user of this website and agree to following:
A) User agree to add his personal data he provide in registration form to 3DLOOK Agencja Reklamowa database on conditions from §5.