End User License Agreement

Please carefully read our terms and conditions before using the PixelPort website, www.pixelport.com.

If you start to use pixelport.com it means that you have read, understood and accepted our terms and conditions. Please do not use our services if you do not agree to our terms and conditions.

Your use of the website is at your own risk.

PixelPort will always try to deliver the best product possible, but makes no guarantee that:

  • The website will be online 24/7
  • The website will be secure or free of errors
  • The results that is obtained from the use of the website will be accurate or reliable
  • The quality of any content read, downloaded or otherwise received from the website will meet your quality demands

This agreement gives a framework for the cooperation between PixelPort AS (PixelPort) and the End User. This is a legally binding agreement between PixelPort AS and the End User and regulates the use of www.PixelPort.com as a market place for trading 3D models.

1. Definitions

  • "End User" is any person/company who creates an account at PixelPort.com.
  • “Customer” is a person/company that buys and downloads a product from PixelPort.com.
  • "Seller" refers to person/company who publishes content at PixelPort.com for sale.
  • "Content" refers to any material/products for sale at PixelPort.com.

2. License agreement between Customer and Seller

This section regulates the cooperation between Customer and Seller and of any transmission of Content from a Seller to a Customer via PixelPort.com.

1. Rights to use Content (licensing)

The rights to use any Content are subject to transfer of money. All rights to use any Content are terminated immediately and without further notice if sale is reversed.

2. PixelPort Terms for Sellers

These terms and rights comply to any material the Seller uploads to the PixelPort website:

  • The Seller cannot extend or add licenses or rights exceeding the terms of this EULA when the Content is sold via PixelPort.com
  • The Seller grants a world-wide, non-exclusive license to PixelPort to use any Content or part of Content uploaded to PixelPort to sell, distribute and use in marketing in any medium for the purpose of increasing sales of 3D models.
  • The Seller receives 65% (unless otherwise specified) when Content owned by the Seller is sold to a Customer. PixelPort handles the transaction, both regarding distribution of the Content and payment received from the Customer.
  • The Seller is solely responsible for all Content uploaded to PixelPort.com. The Seller guarantees that the Seller has the rights to distribute and sell the Content via PixelPort. PixelPort will delete any Content not owned by Seller without further notice if the Seller cannot produce documentation showing his/her rights to the Content.
  • The Seller grants a world-wide, royalty-free license to the Customer to use the Content freely in any project, commercial or non-commercial.
  • If the Content includes third party intellectual property this is not licenced by PixelPort and the Customer must obtain correct licenses before use.
  • If the Content includes third party copyright or trademarks the Customer must obtain rights and licenses from the third party before the model is used. PixelPort or the Seller does not grant such rights or licenses.
  • The Seller guarantees that the Content doesn’t contain illegal or pornographic content.
  • The Seller can stop selling a model whenever he/she wants. The model cannot be deleted if it has sold one or more times because the Customers that have bought the model are allowed to download the model as long as PixelPort decides.
  • The Seller is responsible for any VAT and taxes generated national or international by selling models via PixelPort.com.

3. PixelPort Terms for Customers

These terms and rights apply to any Content the Customer downloads from the PixelPort website:

  • The Customer has the right to use the Content or part of the Content world-wide and in any type of project after the Content is bought. The use-of-right license is between the Seller and the Customer.
  • The Customer has not the right to re-sell, lend or otherwise make available the Content or a part of the Content to a third-party.
  • PixelPort keeps a list of all models the Customer has bought so that the Customer can download them as many times needed.
  • The Customer cannot hold PixelPort or the Seller responsible for any kind of economic or other liability the Customer and affiliates may suffer from using models bought from PixelPort.com.
  • The Customer or PixelPort may terminate the Customer’s account without further notice.
  • If the Customer returns the Content all licenses and rights are terminated and the Customer must immediately destroy all copies of the Content or part of the Content.

3. Security and safety of content

PixelPort makes every effort to keep your account-information and model-information safe and secure, we urge you, the End User, to do the same. Please fill in the registration forms completely and correctly. The End User is responsible for keeping login information safe. PixelPort is not liable for any misuse of an End User account. The End User is responsible for backup of any Content he/she uploads to PixelPort.com. The PixelPort End User 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 PixelPort.

4. Termination of account on PixelPort.com

PixelPort may terminate any account without further notice if PixelPort finds that the End User is in breach of this EULA.

5. Copyright notice

PixelPort.com is copyrighted and protected by law and international treaty. Do not attempt any modifying, disassembling or other use of the website or part of the website without written agreement from PixelPort AS.

6. Liability limitations

Any PixelPort party or affiliate, person or company, are not liable for any damages or loss that may occur when using the PixelPort website or Content downloaded from the website. This also includes content in messages received from PixelPort.

7. Other terms

You agree to refrain from the practice commonly referred to as "deep linking" whereby you use the Content from PixelPort with any other web site via active linking or data mining.

This agreement will be governed by Norwegian law, excluding conflict of law principles. Any action or proceeding arising out of or related to this agreement must be brought in a court located in Bergen, Norway, 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).

Any notice required by this EULA or given in connection with it, shall be in writing and delivered by mail.

PixelPort AS
P.O. Box 98
NO-5918 FREKHAUG
Norway

PixelPort reserves the right to change the terms of this agreement without notice at any time.