End-User License Agreement (“Agreement”) and Acceptable Use Policy
Last updated: (23 January 2018)
Please read this End-User License Agreement (“Agreement”) carefully before purchasing, downloading or using any downloaded assets (“Asset(s)”) from www.jwdsn.net/assets.
By downloading or using any purchased Asset(s), you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not purchase, download or use the Asset(s).
A “Licence” means that Infamus Entertainment to the “Purchaser” a non-exclusive perpetual licence to;
NB “Purchaser” means a web site visitor who purchases a Licence of an Asset via www.jwdsn.net/assets
(a) use the Licensed Asset(s) to create Derivative Works; and
(b) use the Licensed Asset(s) and any Derivative Works as part of either one (1) Non-Monetized Media Product or one (1) Monetized Media Product which, in either case, is:
- i) used for the Purchaser’s own personal use; and/or
- ii) used for the Purchaser’s commercial use in which case it may be distributed, sold and supplied by the Purchaser for any fee that the Purchaser may determine.
1.2. A Licence does not allow the Purchaser to:
(a) Use the Licensed Asset(s) or Derivative Works in a logo, trademark or service mark;
(b) Use, sell, share, transfer, give away, sublicense or redistribute the Licensed Asset(s) or Derivate Works other than as part of the relevant Non-Monetized Media Product or Monetized Media Product; or
(c) Allow the user of the Non-Monetized Media Product or Monetized Media Product to extract the Licensed Asset(s) or Derivative Works and use them outside of the relevant Non-Monetized Media Product or Monetized Media Product.
1.3. In the case of a Licence in respect of multiple Licensed Asset(s)s in a bundle or pack, the Purchaser may use the Licensed Asset(s) within the bundle or pack in respect of multiple Non-Monetized Media Products and/or Monetized Media Products provided that no one individual Licensed Asset(s) within that bundle or pack is used more than once or in more than one Non-Monetized Media Product or Monetized Media Product.
1.4. A sequel to a Non-Monetized Media Products or Monetized Media Product is considered a separate Media Product in its own right and the use of any Licensed Asset(s) howsoever in or in respect of such sequel requires and is conditional upon the purchase of a separate Licence in respect thereof.
You agree not to, and you will not permit others to:
- a) licence, sell, rent, lease, assign, distribute, host, outsource, or disclose the Asset(s) or make the Asset(s) available to any third party.
Modifications to Assets
Infamus Entertainment reserves the right to modify, suspend or discontinue, temporarily or permanently, the Asset(s) or any service to which it connects, with or without notice and without liability to you.
Assets Usage Risk
The Purchaser will download and use the Asset(s) at their own risk. Infamus Entertainment will take no responsibility for data loss, hardware failure or any other kind of detrimental event or liability as determined by the Purchaser as a result of the usage of the Asset(s).
You must be at least 18 years of age to enter this site. Infamus Entertainment will take no responsibility for providing sensitive or contraband material/content to users who are not legally permitted to own such material. It is up to the discretion of the Purchaser to determine whether they are allowed to view or purchase such material. Measures have been taken to prevent unlawful access to sensitive material according to Australian Law.
Refunds will only be issued if the a purchased Asset(s) do(es) not match the description in the store page or if the product is faulty and beyond repair. Refunds will not be issued based on the subjective opinion of the quality of the craftsmanship of the Asset(s) or if the Purchaser has deemed the Asset(s) unsuitable for their intended purpose of the Assets(s).
Prohibited Uses of this Site
Use of this site does not grant to you any ownership of any content, code, data or materials you may access or any intellectual property rights subsisting any content, code, data or materials you may access. You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of this site
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
SUSPENSION AND TERMINATION OF SITE USAGE PRIVILEGE
Infamus Entertainment (“we”) will determine, in our discretion, whether there has been a breach of this agreement through your use of this site. When a breach of this policy has occurred, we may take such action as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of this policy upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Term and Termination
This Agreement shall remain in effect until terminated by you or Infamus Entertainment.
Infamus Entertainment may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Infamus Entertainment, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Asset(s) and all copies thereof from your mobile device or from your desktop.
Upon termination of this Agreement, you shall cease all use of the Asset(s) and delete all copies of the Asset(s) from your mobile device or from your desktop.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Amendments to this Agreement
Infamus Entertainment reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about this Agreement, please make contact at www.jwdsn.net/assets/contact.