Terms and Conditions

Welcome to Luxxlabs. The following terms and conditions govern your access to and use of the website.

THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. PLEASE READ THEM CAREFULLY BEFORE USING THE SERVICES OF LUXXLABS.

Terms and conditions to use Luxxlabs’s website and its services are set forth in four documents:

1. General Terms and Conditions

2. 3D Jobs Terms of Use

3. Privacy Policy

4. Content Policy

DEFINITIONS

1. Buyer –

a) A Member,
who purchases Products or downloads Products that are available free of charge
from the Site;

b) A Member,
who requests for a Product under the “3D JOBS” section.

2. Luxxlabs – Comapny number is: 16 Livingstone road, North Ormesby, Middlesbrough Cleveland.

3. Content – any material
published at the Site including but not limited to wire files, models,
textures, plugins, video games, video game modifications, motion files,
collections, packages, materials, scripts, shapes, custom UI skins, tutorials,
frequently asked questions, words, music, films, images, software, code and any
other information.

4. Contract – an agreement
between Designer and Seller according to which the Designer promises to create
the Buyer a Product for a pre-agreed fee.

5. Designer – a Member, who
accepts a job under the “3D JOBS” section and enters into an agreement with the
Buyer to create a Product.

6. General
Terms – this General Terms and Conditions in its entirety and including all
terms and (or) information, accessible via any links, provided in this document.

7. Incorporated Product – Product that cannot be
extracted from an application or other product and used as stand-alone object
without the use of reverse engineering tools or techniques. For avoidance of
doubt, Incorporated Product is such use of a Product that does not allow
further distribution of the Product outside of the application or product
containing the Incorporated Product.

8. Member – any person who
creates a user account at the Site.

9. Product –

a) Any
Content, uploaded by a Seller to the Product section of the Site and thus
offered by the Seller to the potential Buyers for purchase or free download;

b) Content created
by the Designer for the purpose of fulfilling the obligations arising from the
Contract between Designer and Buyer.

10. Seller – a Member, who
uploads Products to the Product section of the Site and offers them for sale or
free download.

11. Site – luxxlabs.com website.

12. 3D Jobs Terms of Use – terms
and conditions for 3D Jobs services, available
here.

13. Content Policy – intellectual
property policy of luxxlabs.comwebsite, available
here.

14. Privacy Policy – collection
and process of personal data, available
here.

GENERAL TERMS OF USE OF THE SITE

1. License to Use This Site

1.1. This agreement will become effective upon Creating Account and will
remain in effect for the duration of your Account. To
register for an Account, you must be and hereby represent that you are a legal
entity or an individual 18 years or older who can form legally binding
contracts.

1.2. This Site is protected by copyright law and international treaty.
You are allowed to use the Site for your personal, non-commercial internal use
only, unless specifically licensed to do otherwise by Luxxlabs or unless it is
expressly indicated otherwise.

This right to use this Site constitutes a license, not a transfer of
title, and you may not nor permit anyone else to:

– modify the Site or use it for
any commercial purpose or public display, performance, sale or rental;

– de-compile, reverse engineer,
or disassemble, modify the Site, create derivative works based on the
information, published on the Site;

– remove any copyright or other
Luxxlabs proprietary notices;

– mine, hack, spider, or survey
the Site;

– copy any proprietary
information or ideas from the Site;

– transmit spam, bulk or
unsolicited communications;

– pretend to be Luxxlabs or
someone else, or spoof Luxxlabs or someone else’s identity or spoof the Site;

– forge headers or otherwise
manipulate identifiers (including URLs) in order to disguise the origin of any
Content, published on the Site;

– misrepresent your affiliation
with a person or entity;

– disrupt the normal flow of
dialogue or otherwise act in a manner that negatively affects other Site users’
ability to use the Site;

– engage in activities that
would violate any fiduciary relationship, any applicable local, national or
international law, or any regulations having the force of law, including but
not limited to attempting to compromise the security of any networked account
or site, operating an illegal lottery or gambling operation, stalking, or
making threats of harm;

– collect or store personal
data about other users unless specifically authorized by such users;

– collect or store Site data
for any other purpose except as explicitly allowed herein.

1.3. You agree to prevent any violations of this General Terms,
including the licensing terms for the Site. Any violation of this General
Terms, 3D Jobs Terms of Use or Content Policy can lead to account cancellation
and a revocation of all licenses.

2. Site Ownership

2.1. All information on the Site is copyrighted proprietary material of
Luxxlabs and (or) Members and may not be copied, reproduced, modified,
published, uploaded, posted, transmitted, or distributed in any way, without
Luxxlabs’s prior permission. Except as expressly provided herein, Luxxlabs and
its suppliers do not grant any express or implied right to you under any
patents, registered design, copyrights, trademarks, or trade secret information
of Luxxlabs.

Luxxlabs’s logos, slogans trademarks whether registered or unregistered
may not be used without Luxxlabs’s specific written consent to do so.

3. Members

3.1. In consideration of your use of the Site, you agree to:

– provide accurate, current,
and complete Member account information about you as may be prompted by the
registration and/or login form on the Site (the “Registration Data”);

– maintain the security of your
password and identification;

– maintain and promptly update
the Registration Data, and any information you provide to Luxxlabs, to keep it
accurate, current and complete;

– accept all risks of
unauthorized access to information and Registration Data. You have sole
responsibility for adequate protection and backup of data and/or equipment used
in connection with the Site.

3.2. You are responsible for all activity that takes place under your
Member user ID. It is your responsibility to maintain the confidentiality of your
user ID and password.

3.3. By signing up to this Site you agree to register using a valid
email address that you are entitled to use and that is not hosted by any
temporary email service.

3.4. Luxxlabs may provide interactive areas (such as blogs, forums etc.)
the content of which are not confidential. Members should exercise the utmost
discretion before providing any personal information on these interactive areas
of the Site. Users of interactive areas are solely responsible for the content
and consequences of anything they post. Luxxlabs will have no liability for
content and consequences of such postings.

3.5. You acknowledge that your uploaded Products will be rated by other
Members of the Site. You agree to allow your reputation score to be shown in
your account profile.

3.6. Luxxlabs may terminate or deactivate the membership of any person
or entity for any reason at any time without notice.

3.7. This Site may not be accessed or used by any person, entity or group that have been designated for sanctions under the economic sanctions laws, regulations and orders taken by the European Union, the United States and other countries. Your access and use of the Site constitutes your express representation that you are not subject to any trade sanction or embargo, including, but not limited to, by virtue of your designation for sanctions and inclusion on: (i) the Specially Designated Nationals List maintained by the U.S. Department of the Treasury, Office of Foreign Assets Control; (ii) any list of persons, entities and bodies subject to restrictive measures implemented by the European Union; or (iii) any UN Security Council resolution identifying sanctioned or restricted parties. You shall be fully liable to the full extent of the law for any violations of this paragraph, and you hereby agree to defend, indemnify and hold Luxxlabs harmless from and against any and all such damages and liability.

4. Uploading and Posting Content

4.1. You are entirely responsible for all Content that you upload, post
or otherwise transmit via the Site. You agree not to upload, post or otherwise
transmit via the Site any Content that:

– is inaccurate, harmful,
obscene, pornographic, defamatory, racist, violent, offensive, harassing, or
otherwise objectionable to Luxxlabs or other users of the Site;

– includes unauthorized disclosure
of personal information and data. This includes any images of a human being.

– violates or infringes
anyone’s intellectual property rights;

– contains software viruses or
any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment;

– contains unauthorized third-party
commercial advertisements.

4.2. Luxxlabs reserves the right to edit or remove Content that violates
the aforementioned terms.

4.3. You agree that all Content posted on the Site forums shall be free
to use or disseminate on an unrestricted basis for any purpose, and you grant
Luxxlabs and all other users of the Site an irrevocable, worldwide,
royalty-free, nonexclusive license to use, reproduce, modify, distribute,
transmit, display, perform, adapt, resell and publish such Content (including
in digital form). You represent and warrant that you have proper authorization
for the worldwide transfer and processing of any information that you may
provide on the Site.

4.4. Luxxlabs does not claim ownership of the Content you place on the
Site and shall have no obligation of any kind with respect to such Content. Any
Content you provide in connection with this Site shall be deemed to be provided
on a non-confidential basis.

5. Determining and Changing Type of Content

5.1. Luxxlabs retains the right, in its sole and absolute discretion, to
monitor, edit, prohibit, or remove any Content, at any time, without prior
notice, for any reason. This right of Luxxlabs shall in no context be
interpreted as Luxxlabs’s obligation to monitor the accuracy and quality of the
Content.

5.2. Luxxlabs implements and maintains business practices of
categorizing Content in various categories (such as “Most Popular”, “Best
Quality”, “Top Sales” etc.) in order to maximize customer satisfaction and
sales. By accepting this General Terms the Seller hereby grants the right to
Luxxlabs to perform such Content categorization upon Luxxlabs’s own judgment.

6. Privacy and Security

Luxxlabs takes privacy very seriously and shall never sell, share, or
otherwise disclose any of your personal information to anyone. Information that
is collected upon sign up is used only to enhance your experience on the Site
and for troubleshooting purposes. The principles of the personal data process are
set forth in
Privacy Policy.

7. Termination of this License

7.1. Luxxlabs may unilaterally terminate this license for the use of the
Site at any time, without any prior notifications, if you are in breach of any
of these terms and conditions of use, as judged in the sole discretion of
Luxxlabs. Termination of this license is in addition to the other rights and
legal remedies available to Luxxlabs and those rights are reserved. Upon such
termination you must immediately destroy all information that you acquired from
the Site.

8. Notifications

All Luxxlabs’s notifications shall be sent to your notifications section
under your profile dashboard (
here) or via email at the address you provided to
Luxxlabs when you created your account or as later updated. You hereby agree
and acknowledge that Luxxlabs shall notify you using either of aforementioned
notification means at its own discretion and is not responsible to notify you
in any other way.

9. Contests and Promotions

Any contests or promotions created by Luxxlabs on the Site may be
governed by its own set of official rules, which may have eligibility
requirements, such as certain age or geographic area restrictions. By entering
or participating in such contests, you will become subject to those official
rules. It is your responsibility to read the applicable rules to determine
whether or not your participation, registration or entry will be valid or
restricted, and to determine the sponsor’s requirements.

10. Survival

After General Terms or 3D Jobs Terms of Use terminates, the terms of these agreements that
expressly or by their nature contemplate performance after the agreement
terminates or expires will survive and continue in full force and effect. For
example, the provisions protecting confidential information, protecting
intellectual property, indemnification, payment of fees and setting forth
limitations of liability each, by their nature, contemplate performance or
observance after this agreement terminates.

WARRANTIES AND LIABILITY

11. General Information

11.1. This section contains important information regarding the
liability of Luxxlabs that every Member should read carefully and, if
necessary, with the appropriate assistance of his legal advisor.

11.2. Luxxlabs’s Site is a forum for exchange of Product licenses
between the Seller and the Buyer or the Designer and the Buyer. Luxxlabs merely
offers a platform for either Sellers to sell their Product or the Buyers to
find a Designer for the desired Product. Thus Luxxlabs cannot and shall not
provide any warranty and accept any liability for any Product and (or) other
Content. The Members are solely and exclusively liable for all Products and
other Content that that they upload, download and (or) otherwise provide or
acquire to or from the Site. As Luxxlabs cannot guarantee that the Content you download
or access via the Site is problem-free, our liability to you is limited, as
described below. You are also agreeing to indemnify us. We cannot provide a
warranty for the Product/Content hosted on this site.

12. Indemnification

You agree to indemnify, defend and hold harmless Luxxlabs, its
affiliates, and their respective officers, shareholders, partners,
representatives, agents and employees from any and all liability, loss,
damages, claim and expense, including reasonable attorney’s fees, related to or
arising from your violation of General Terms or 3D Jobs Terms of Use, your use
or misuse of the Site and (or) Content, or any infringement of any intellectual
property or other right as a result of the of Content or your use or provision
of the Content. We reserve the right to assume the exclusive defense and
control of any matter subject to indemnification by you, in which you will
cooperate with us in asserting any available defenses.

13. Limitation of Liability

In no event shall Luxxlabs or any of its affiliates, or their
respective officers, shareholders, partners, representatives, agents and
employees be liable for any direct, indirect, punitive, special, incidental,
exemplary or consequential damages or any damages whatsoever (including without
limitation, damages for loss of use, data, information, profits or business
interruption) arising out of or in any way related to the use or performance of
this Site or any linked web site or to any Content or other material obtained
through this Site, or otherwise arising out your inability to use this Site or
any decision made or action taken by you in reliance of any information, advice
or materials on this Site, whether such damages are based in tort, contract,
negligence, strict liability or otherwise, even if Luxxlabs has been advised
of the possibility of such damages. Your sole and exclusive remedy is to
discontinue your access to and use of the Site, even if this remedy fails of
its essential purpose. As some jurisdictions do not allow the exclusion or
limitation of liability to a certain extent, some of the above exclusions or
limitations may not apply to you.

14. No Warranty

14.1. Being only a forum for exchange of Products’ licenses, Luxxlabs
has no control over the quality or legality of any Content on this Site or the
accuracy of any related information. It is your full responsibility to ensure
and evaluate the quality and legality of any Content and its use. You agree
that Luxxlabs shall have no liability for any misrepresentation, incomplete statement
or failure to disclose any Content data, or for any claims arising from a
transaction resulting from your use of the Site or a business transaction you
enter into using the Site.

14.2. Luxxlabs makes all commercially reasonable efforts to ensure that
all material, information and data on this Site are accurate and reliable;
however, accuracy cannot be guaranteed.

14.3. This Site is provided by Luxxlabs on an “as is” basis. Luxxlabs
makes no warranties with respect to this site, and disclaims all applicable
warranties, express or implied, including without limitation all implied
warranties of merchantability, fitness for a particular purpose, title and
non-infringement for the Site and all Content and any warranties arising from
course of dealing or usage in trade. Luxxlabs makes no warranty or
representation regarding results that may be obtained from use of this site, or
use of material, information or data downloaded or otherwise obtained from this
Site, or regarding the accuracy or reliability of any information obtained from
this Site. Luxxlabs does not warrant or guarantee the accuracy, completeness,
correctness, timeliness, or usefulness of this Site or any Content or other
material, obtained through use of this Site or that use of this site or any
product/content on this Site will meet any requirement, be uninterrupted,
timely, secure or error-free. Luxxlabs shall have no responsibility for the
timeliness, deletion, misdelivery or failure to store any user communication.

14.4. By accepting this General Terms you acknowledge and agree that
your use of this Site and (or) Content is at your own discretion and risk, and
that you are solely responsible for any damage that results from the download
and use of any Content.

14.5. Luxxlabs does not warrant or guarantee that Content or other
materials and information available through this Site will be free of
infections, viruses, worms, Trojan horses or other code that could be harmful
to your computer system. You should take all reasonable appropriate precautions
against such code and (or) software.

14.6. Luxxlabs is not liable to users and Members of this Site for any
damage resulting from use of this Site or use of Content obtained from this
Site, and is not in any way responsible for the conduct of users or Members of
this Site or for Content posted or exchanged on this Site.

14.7. No advice or information, whether oral or written, obtained by you
from Luxxlabs or in any manner from this Site shall create any warranty.

14.8. Because Content is delivered via the Internet, there may be some
circumstances where the delivery of Content is delayed. In no event will
Luxxlabs be liable for any delays in delivery or performance caused by your
failure to provide necessary and accurate information in a timely manner, or
caused by circumstances or causes beyond Luxxlabs’s reasonable control.

15. Third-Party Web Sites

This Site may link to, or be linked to, other web sites not maintained
by or related to Luxxlabs. These links are provided only as a service to our
users and Members. Luxxlabs is not, directly or indirectly, implying any
approval, association, sponsorship, endorsement or affiliation with any linked
or linking web site. Luxxlabs has not reviewed all third party web sites and is
not responsible for their content, accuracy, or policies. If you link to or
retrieve any other pages or web sites it is at your own risk.

16. OTHER TERMS

16.1. Luxxlabs reserves the right at any time to modify, suspend or
terminate the services (or any part thereof) provided at the Site, and/or your
use of or access to them, with or without notice. Luxxlabs may also delete, or
bar access to or use of, all related information and files. Luxxlabs will not
be liable to you or any third-party for any modification, suspension, or
termination of the Services, or loss of related information. Luxxlabs may amend
General Terms, 3D Jobs Terms of Use, Privacy Policy and Content Policy at any
time without notice, as all terms and conditions will be posted on this URL and
should be consulted by you prior to use.

16.2. The laws of Lithuania govern General Terms, 3D Jobs Terms of Use,
Privacy Policy and Content Policy as well as any other terms of the Site without
regard to any choice of laws or conflicts of law provisions. You agree that any
lawsuit arising from or related this Site, General Terms, 3D Jobs Terms of Use,
Privacy Policy or Content Policy shall be brought exclusively courts located in
the UK and you consent to the exclusive jurisdiction of
such courts. The United Nations Convention for the International Sale of Goods
does not apply to this agreement.

16.3. If any provision of this General Terms, 3D Jobs Terms of Use,
Privacy Policy or Content Policy is held invalid, void, or for any reason
unenforceable, that provision shall be severed and the remaining condition will
remain in force to the fullest extent provided by law.

16.4. Any waiver of any portion of General Terms or 3D Jobs Terms of Use
will be effective only if in writing and signed by an authorized officer of Luxxlabs. This is the entire agreement applicable to Content and your use of the
Site.

16.5. Luxxlabs has a right to amend General Terms, 3D Jobs Terms of Use,
Privacy Policy and Content Policyor any other document containing terms and conditions
of Luxxlabs services without any prior warning. Such amendments shall be
notified to the Members.

16.6. No partnership, joint venture, employer-employee, or
franchiser-franchisee relationship is intended or created by General Terms or
3D Jobs Terms of Use.

TERMS OF USE REGARDING
SELLING 3D MODELS AND 3D PRINTING MODELS

17. Applicability

17.1 By uploading a Product on the Site and offering them for Sale or
free download, the Seller accepts the terms herein. By purchasing or
downloading Products on the Site, the Buyer accepts the terms herein.

17.2 These terms apply in conjunction with General Terms. The following
terms do not apply to Products created under the 3D JOBS section.

MEMBER‘S RIGHTS, OBLIGATIONS AND REPRESENTATIONS

18. Rights, Obligations and Representations of the
Seller

18.1. Members may only upload Content they own or otherwise have the
right to use and upload. Luxxlabs does not own any Content uploaded by Members.

18.2. By uploading a Product, the Seller shall be deemed to represent
that such Product and use of this Product permitted by General Terms does not
infringe the intellectual property of any other party and that the Seller had
obtained all necessary model or property releases for use and licensing of the
Product. All Members should consult their own legal advisors to determine
whether a particular model or property release form and (or) any applicable
contract is suitable or necessary for uploading particular Product or for a
particular use of a Product, or whether such use is a fair use. Sellers should
understand that licenses of Product without a release attached may be
negatively impacted, if a release is deemed necessary by Buyers or their legal
advisors.

18.3. Sellers may not upload Product or add Content that violates any
international or domestic law, statute, ordinance, or regulation. Content
cannot be defamatory, libelous, pornographic, obscene, offensive or evocative
of racial hatred of any kind, and cannot contain any viruses, spam, malware or
other programming routines that detrimentally interfere with computer systems
or data.

18.4. Sellers should keep a backup of their own uploaded Products at all
times. Sellers’ files uploaded to the Site cannot be used as a backup source.

18.5. For any Product/Content uploaded to the Site or otherwise
submitted to Luxxlabs, the Seller grants and represents that he has the
authority to grant to Luxxlabs a non-exclusive, worldwide, royalty-free,
license in any medium now known or hereinafter invented to:

– reproduce, sell, and distribute net proceeds from any sale, in whole
or in part on Seller’s behalf;

– to publicly perform, publicly display, digitally perform, or transmit
for promotional and commercial purposes;

– create and use samples of the Product for the purpose of advertising,
demonstrating or promoting Seller products or services or those of Luxxlabs;

– use any trademarks, service marks or trade names incorporated in the
Product in connection with Seller material;

– use the name and likeness of any individuals represented in the
Product in connection with Your material.

All of the aforementioned license rights shall be used by Luxxlabs
exclusively to ensure proper administration and promotion of the Site.

18.6. Seller retains ownership of the copyrights and all other rights in
the Product, uploaded to the Site, subject to the non-exclusive rights granted
to the Luxxlabs and the Buyer. Seller is free to grant similar rights to
others during and after the term of this General Terms.

18.7. By uploading a Product to the Site, the Seller represents and
warrants that:

– the Product is his original work, and contains no copyrighted material
of any kind that Seller is not the exclusive owner of, including but not
limited to: music and/or synchronization rights, images (moving or still) of
any kind, writings of any kind, and model clearances/releases;

– Seller has full right and power to enter into and perform this
agreement, and have secured all third party consents necessary to enter into
this agreement;

– the Product 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;

– the Product does not and will not violate any law, statute, ordinance
or regulation;

– the Product is not and will not be defamatory, libelous, pornographic,
obscene or evocative of racial hatred of any kind;

– the Product does not and will not contain any viruses or other
programming routines that detrimentally interfere with computer systems or
data;

– the Product does not contain any material that, as a condition of use,
requires additional license restrictions such as requiring the publication of
source code or Product that limits commercial exploitation of Incorporated
Product;

– all factual assertions that Seller has made and will make are true and
complete. Seller agrees to execute and deliver documents to Luxxlabs and (or)
Buyer, upon their reasonable request, that evidence or effectuate their rights
under this agreement.

18.8. If you accept the “Sell via partners” option by checking the
checkbox in the Seller dashboard, the Seller Products can be then sold via
Luxxlabs partner websites under the same terms and conditions as outlined
herein. Luxxlabs will be able to choose the partners at its sole discretion.

18.9.The Seller provides Luxxlabs’s partners the same license rights as
to Luxxlabs in order for his or her Products to be sold on partner’s website.

19.
Rights, obligations and representations of the Buyer

19.1. The Buyer may not use the Product, downloaded from this site in a
manner that infringes the intellectual property of any other party. The Buyer
may not reverse engineer any Product and must abide by the terms of the license
granted to the Buyer under this General Terms, as well as any additional Seller
terms included with the Product.

19.2. Following the payment of any applicable license fee for any
Product, the Buyer may download the Product from the Site and use it in
accordance to the applicable license terms.

19.3. Prior to concluding the contract the Buyer shall give express
content of waiving his or her 14-day right of withdrawal regarding the digital
content (the Product).

TERMS OF LICENSE AGREEMENT BETWEEN THE SELLER,
CGTRADER AND THE BUYER

20.
General Terms of Licensing

20.1. Following the payment of any applicable license fee for Product,
the Buyer acquires a license in accordance with the terms and conditions of
this section. Any license rights relating to the Product are contingent upon
the transfer of money (except for the free Products) from the Buyer to
Luxxlabs. All license rights terminate immediately and without notice if a sale
is reversed for any reason.

20.2. Upon uploading the Product to the Site, the Seller shall indicate
the terms of license, upon which a respective Product is licensed to the Buyer.
If the Seller does not indicate any licensing conditions in his posting, terms
of General license (see section 21 “General License”) shall be applicable.

20.3. Certain Products with third party copyrighted or trademarked
images, logos, brand names, etc., may require additional licensing, rights,
permissions, releases, or clearance for use. It is the sole responsibility of
the Buyer and their legal advisor to determine, before purchasing, downloading
or using any Product, whether additional licensing, rights, permissions,
releases, or clearance are necessary for the intended use of Product. It is the
Buyer’s sole responsibility to obtain any licensing, rights, permissions, or
clearance. Buyers should understand additional licensing, rights, permissions,
releases, or clearance may be relevant for Product, if the intended use
involves religious groups or affiliations, pharmaceuticals, health care,
tobacco, liquor, adult entertainment, personal hygiene, birth control, or any
other area that could be considered sensitive, offensive, or immoral.

20.4. All licenses of the Products are non-transferrable. Buyers do not
own any Product and are only licensed to use it in accordance with terms and
conditions of the applicable license. Unless explicitly provided for in custom
license terms set forth in the special area “Custom license terms” provided by
Luxxlabs in the Product description section of the Site, the Seller retains
copyright in Products purchased or downloaded by any Buyer.

20.5. The license to use the Product is non-exclusive, non-transferable
and is granted only to you as the original Buyer.

20.6. Any Product, returned to Luxxlabs and (or) the Seller in
accordance with applicable law for whatever reason must be destroyed by the
Buyer immediately. The license to use any Product is revoked at the time
Product is returned. Product obtained by means of theft or fraudulent activity
of any kind is not granted a license.

20.7. By using the Site and (or) accepting this agreement the Seller
agrees that any additional end user license agreements, licenses, custom
licenses, or Seller requirements inserted into Seller Products in any area
outside that explicitly provided by Luxxlabs for additional license terms are
invalid, void ab initio, and without effect as they relate to those purchases
made on the Site.

20.8. Nothing in this agreement shall be construed to mean that a Seller
may not submit or delete Content from the material submitted by such Seller as
part of general maintenance of such Seller’s account.

21.
General License

21.1. Product may not be sold, given, or assigned to another person or
entity in the form it is downloaded from the Site.

21.2. The Buyer’s license to Product in this paragraph 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:

– as rendered still images or moving images; resold as part of a feature
film, broadcast, or stock photography;

– as purchased by a game’s creators as part of a game if the Product is
contained inside a proprietary format and displays inside the game during play,
but not for users to re-package as goods distributed or sold inside a virtual
world;

– as Product published within a book, poster, t-shirt or other item;

– as part of a physical object such as a toy, doll, or model.

21.3. If you use any Product 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 Product. Methods of safeguarding the
Product include but are not limited to:

– using a proprietary disc format such as Xbox 360, Playstation 3, etc.;

– using a proprietary Product format;

– using a proprietary and/or password protected database or resource
file that stores the Product data;

– encrypting the Product data.

21.4. Without prejudice to sub paragraphs 21.1-21.3, the Seller grants
to the Buyer who purchases license rights to Product and uses it solely as
Incorporated Product a non-exclusive, worldwide, license in any medium now
known or hereinafter invented to:

– reproduce, post, promote, license, sell, publicly perform, publicly
display, digitally perform, or transmit for promotional and commercial purposes

– use any trademarks, service marks or trade names incorporated in the
Product in connection with Seller material;

– use the name and likeness of any individuals represented in the
Product only in connection with Your material.

21.5. Absent a written grant of rights greater than that contained in section
21 “General license”, all other rights or sub-divisions of rights generally
included in copyright are excluded from this license and remain the property of
Seller.

21.6. The resale or redistribution by the Buyer of any Product, obtained
from the Site is expressly prohibited unless it is an Incorporated Product as
licensed above.

22. Custom
License

Terms of the Custom License shall be deemed applicable if and only if
the Seller provides additional license terms in the specific area of Product
description – “Custom license terms”. Such additional license terms shall be
applied and interpreted as additions and (or) exceptions to the terms and
conditions, set forth in section 20. “General Terms of Licensing” and section 21.
“General License”.

23. License for Products that are
offered for free download

A Product which is
offered as a free download shall be licensed with one of Creative Commons
licenses as chosen by the Seller. Creative Commons licenses and their licensing
terms.

24. Process of purchases and payments

24.1. Seller authorize Luxxlabs to collect money from the Buyer and
distribute payment amounts to Seller, tax authorities, or other entities as the
case requires under this agreement and in compliance with legal regulations.

24.2. Every calendar month by the twentieth (20) day, or the following
business day if the twentieth is weekend or holiday, Luxxlabs will pay the
Seller its royalty payments according to Seller’s reputation level at the
moment of purchase (see 4 part of this chapter to find a list of reputation
levels).

24.3. Luxxlabs reserves the right to withhold payments in the following
cases:

– the amount is below the minimum allowed for a monthly royalty payment
(which is $200), unless the Seller has chosen Paypal as his or her transfer
method;

– Seller’s payments are on hold because previous payment to Seller
failed to be received;

– Seller has provided inaccurate payment information;

– there is violation of Site policies that must be reconciled before any
payment is made.

24.4. Luxxlabs reputation levels and royalty rates paid for in
particular level are the following:

    Level # Level Name Sales Reached Royalty Rate
    1 Beginner $0-$150 in Sales 70%
    2 Graduate $150 in Sales 72.8%
    3 Wannabe $500 in Sales 75.6%
    4 Elite Artist $1,500 in Sales 78.4%
    5 3D Master $3,000 in Sales 81.2%
    6 Top Artist $6,000 in Sales 84%
    7 Godlike $10,000+ in Sales 90%

24.5. Luxxlabs provides each Seller detailed sales information
including:

– Price of the purchase

– Buyer information (including country of residence)

– VAT charged (if user is from EU VAT zone)

– Royalty rate at the moment of purchase

24.6. If user is from EU VAT zone Luxxlabs will detect buyer’s location
and charge VAT which is applied in particular country. VAT will be deducted
from the purchase price and transmitted to local authorities using MOSS system.
Luxxlabs will calculate and pay royalties to Sellers after VAT deduction.

24.7. If a purchase is reversed after you have been paid or if for any
reason Luxxlabs has already paid to you in excess of the correct royalty
payment, you acknowledge that such overpayment is due from you to Luxxlabs and
authorize Luxxlabs to deduct from your future payments. If you discover or
become aware of overpayment, you agree to notify Luxxlabs of such occurrence
and settle it accordingly.

24.8.
The parties are solely responsible for determining whether it is required by
applicable law to issue any formal invoices and pay any other taxes that might
apply to them. Luxxlabs takes no responsibility for determining the necessity
of or for issuing any other formal invoices, or for determining, remitting, or
withholding any taxes applicable to paid fees, except for the VAT.