VFX Grace 3D Models (hereinafter “Models”) are royalty free unless otherwise noted. This means that, after purchasing our Models, you are not required to make any future payments (or pay further royalty fees) and you can use it as long as it is incorporated into the Product (hereinafter “Product”) and as long as the 3rd party cannot retrieve it on its own in both digital and physical form. You cannot resell the Models you bought in its digital form and you cannot resell it in its printed form as a separate, single item. Models may not be sold, given, or assigned to another person or entity in the form which is downloaded from the Site.
What you can do with our models
Our Models CAN BE used for:
Our Models CAN NOT BE used for:
You can make a custom copyright agreement in any form at your wish.
If this is the case, the model price will be agreed between You and VFX Grace.
The exclusive owner of all contents on this page is VFX Grace.
In this Agreement: (i) “You” or the “Client” means you or, if you are accepting on behalf of your employer or member account entity, then “you” means that employer or entity and affiliates; (ii) “We” or “VFX” means VFX Grace; and (iii) “Content” means any 3D Model, data, visual representation generated optically, electronically, digitally or by any other means or in any media or other material that you are downloading from the Site, together with any accompanying material.
This Agreement is set up as a document where you will enter into a standard royalty-free content license (the “Standard License”). Your download of Content will be subject to these Standard License terms.
1.License. VFX hereby grants to you a perpetual, non-exclusive, non-transferable worldwide license in any medium now known or hereinafter invented to:
2. Use Limitations and approved uses. Our License to Products herein is strictly limited to Incorporated Product. Any use or republication, including sale or distribution of Product that is not Incorporated Product is strictly prohibited. For illustration, approved distribution or use of Product as Incorporated Product includes, but is not limited to:
If you use any Contents in software products (such as video games, simulations, or VR-worlds) you must take all reasonable measures to prevent the end user from gaining access to the Contents. Methods of safeguarding the Contents include but are not limited to:
3. Ownership. Nothing in this Standard License shall be deemed to grant to you any ownership or rights in and to the Content other than the rights granted herein. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by VFX Grace.
(a) This License is effective until it is terminated. You can terminate this Agreement by destroying the Content and any Permitted Derivative Works, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose.
(b) This License also terminates without notice from VFX if at any time you fail to comply with any of its terms. Upon termination, you must immediately (i) cease using the Content and for any purpose; (ii) destroy or delete all copies and archives of the Content or accompanying materials; and (iii) if requested, confirm to us in writing that you have complied with these requirements.
5. Revocation and Amendment. We reserve the right to elect at a later date to revoke or amend the Standard License granted herein and replace the Content with an alternative for any reason. Upon notice of such replacement, the license for the replaced Content immediately terminates for any products that do not already exist, and this license automatically applies to the replacement Content. You agree not to use the replaced Content for future products and to take all reasonable steps to discontinue use of the replaced Content in products that already exist.
6. Limited Representations and Warranties. THE CONTENT IS PROVIDED “AS IS'' WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. VFX GRACE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT VFX GRACE) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS. REFUNDS WILL BE LIMITED TO THE VALUE OF PURCHASED CONTENT AND GIVEN ONLY IN THE EVENT THAT SAID CONTENT IS NOT DEEMED REASONABLY “USABLE” BY BOTH PARTIES OR IN THE EVENT THAT THE DOWNLOAD PROCESS HAS BEEN UNSUCCESSFUL.
7. Indemnification. You shall indemnify and hold VFX, its Content providers and their respective directors, officers, employees, partners (collectively, the “ VFX Parties”) harmless from and against any and all claims, damages, costs and expenses (including reasonable legal fees) incurred by any VFX Party as a result of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this Agreement.
8. General Provisions.
(a) Waivers and Acceleration. No waiver of any breach or default hereunder shall be considered valid unless in writing and signed by the party giving such waiver; and no such waiver shall be deemed a waiver of any subsequent breach or default of the same or similar nature.
(b) Assignment. This Agreement is personal to you and is not assignable by you without our prior written consent. We may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.
(c) Severability. If any provision of this Agreement shall, under any circumstances, be deemed invalid or inoperative, this Agreement shall be construed with the invalid or inoperative provision deleted and the rights and obligations of the parties shall be construed and enforced accordingly.
(d) Tax duty. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Content, pursuant to this Agreement.
(e) Governing Law. This Agreement shall be governed by and construed and enforced in accordance with the internal laws of the State of New York, US, without giving effect to its conflict of laws provisions.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF VFX GRACE AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND VFX GRACE, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND VFX GRACE RELATING TO THE SUBJECT OF THIS AGREEMENT.