End-User License Agreement (EULA)
(last updated: June 18, 2018)
Hi and welcome to creative crops, a growing library of high quality 3d food scans (hereafter “products”) for advertising, visualization, VFX, Games and more. This end-user license agreement (hereinafter “EULA”) applies to all buyers of products, registered users, users of our free products and users of other services provided by us (hereinafter “you”, “customers, “users”).
Before buying our products anD/or using the services provided please read this agreement carefully. By buying our products or using the services provided you acknowledge that you have read, understood and agree to this EULA.
1. INTELLECTUAL PROPERTY RIGHTS All content included on this website, such as but not limited to graphics, logos, text, images, data compilations, products is the property of creative crops and protected by international copyright laws. All trademarks used on this website are property of their respective owners.
2. PRODUCTS After buying one or multiple products the product(s) will be available in the downloads section of your account for unlimited time or 5 downloads. All products are provided as compressed Winzip files. In order to extract the products from these Winzip files, you will need to use WinZip. We cannot guarantee that the provided Winzip files will open in other decompression softwares. Creative crops is not responsible for the loss of any product for any reason, including, but not limited to hard drive failure, computer failure, software failure, back-up failure, or other cause of loss of your digital purchases from creative crops. It is your own responsibility to back-up all data.
3. MODIFICATION Creative crops reserves the right, at its discretion, to update or revise this EULA at any given time. Creative crops will post changes to the EULA on its Website, and/or communicate such changes via our Newsletter or otherwise communicate such terms to you in a suitable manner decided by creative crops. These additional or revised terms will become effective part of the EULA immediately. Please check the EULA and the Website periodically for changes. Your continued use of the products and services constitute your binding acceptance of the EULA, including any changes or modifications made by creative crops as described above.
5. PRICES AND PAYMENT METHODS All prices are in US Dollars and/or credits. Credits can be purchased from creative crops only by buying one of the available credit packages. Credits can not be exchanged for money. Their only purpose is to use them to buy products. Creative Crops reserves the right to modify the prices of products and credit packages at any given time. Payments are made online using the payment methods indicated on the website.
6. GUARANTEES AND LIABILITIES
6.1 Creative Crops is not liable for illegal use of the products by customers.
6.2 Customers accept that:
- Creative crops does not provide any guarantee regarding the compability, quality or performance for a specific purpose. Products on this website are sold “as is”.
- Creative crops does not guarantee that the products meet the customers expectations and that the website will be free of errors. Creative crops is not liable for temporary or permament unavailability of this website or any modifications to it.
- Creative crops is not liable for copyright infringements or breaches regarding the intellectual property rights
7. ROYALTY FREE LICENSE Products on this website are sold under a non-exclusive royalty free license. Products that can be downloaded for free are subject to the same non-exclusive royalty free license. This is a non-exclusive license and the product remains the property of creative crops for further distribution. This License allows you to use the product without the need to pay royalties or other additional license fees for multiple uses, per volume sold, or a certain time period of use or sales. The rights granted with this license are granted to the purchasing person or entity only. Products sold under this license may not be sold, given or assigned to another person or entity.
Permitted uses of products are:
(a)Entertainment applications, such as books and book covers, magazines, newspapers, (b)Advertising and promotional designs, multimedia presentations, including films and videos, commercial breaks, theatre productions and broadcasts, (c)Prints such as posters, catalogues, brochures and others, (d)Online publications, including websites or internet broadcasts, (e) Personal (non-commercial) artworks and projects. Other uses require written permission by creative crops.
Prohibited uses are uses such as but not limited to:
(a)Usage of products in applications intended for resale, unless with written permission by creative crops, (b)Integrate products in any product that results in a re-distribution or re-use of the product or otherwise makes the product available in such a way that a person is able to extract or access or reproduce the product as an electronic file (c)Patent, rent, resell, loan, assign, sublicense or otherwise transfer or distribute the product or granted rights in accordance with this Agreement, (d)Use or visualize the product in any electronic form in order to be distributed or downloaded through mobile devices or shared in any way, with peer-to-peer arrangements or with any other similar ways of sharing files.
8.SEVERABILITY If any part(s) of this Agreement shall be unlawful, void, or for any reason unenforceable, then that part(s) shall be deemed severable from this Agreement. They shall not affect the validity and enforceability of any remaining parts which shall remain valid in full force and effect.
9. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of Switzerland, without giving effect to any principles of conflicts of law, and the parties hereby consent to the sole and exclusive jurisdiction of the courts of Switzerland, with the city court of Winterthur(Canton Zurich) as first venue, to resolve any disputes arising out of or relating to this Agreement.
10. TERM The term of this EULA and the license granted herein shall begin on the start date, as defined above, and remains in force for any future use of the products bought and/or downloaded by customers.
11. EARLY TERMINATION If creative crops deem that you are misusing the products we may terminate the Agreement immediately. Any prohibited use of the products will result in termination of this Agreement and an obligation for you to compensate creative crops for any and all resulting losses and damages.