End User And Author Agreement
SketchUcation LLC. and its affiliates and related companies (collectively "SketchUcation"), operate SketchUcation.com. These terms and conditions set forth herein (the "Terms") constitute a legally binding agreement between SketchUcation and you ("You" or "Your") regarding the terms on which SketchUcation offers You access to its Web-shop and Service. Your use of the Web-shop or Service constitutes acceptance of these Terms. This End User License Agreement is an inseparable amendment of the general Terms of Service of the whole SketchUcation website and when there is conflict between the two, this End User License Agreement rules.
- "Content" refers to any material published at SketchUcation including but not limited to models, textures, plug-ins, scrap-books, collections, packages, materials, scripts, tutorials, mini-publications, books, shaders.
- "Embedded Content" refers to Content that cannot be extracted from an application or product and used as stand-alone Content without the use of reverse engineering tools or techniques. For avoidance of doubt, Embedded Content is the use of Content that is not intended to allow further distribution of the Content outside of the application or product containing the Embedded Content.
- "Member" refers to any person who creates a user account at SketchUcation.
- "Service" refers to transmission, license, or purchase of Content to and from SketchUcation via the SketchUcation Website or any approved web portal either currently in existence or in the future.
- "Sale" refers to a sale of license rights in Content or other property via SketchUcation, where the appropriate share of proceeds is received by an Author who published the Content.
- "Author" refers to the submitting individual or business who publishes Content at SketchUcation.
For any transmission of Content from an Author to another Member, whether the transmission was the result of a license or free download, the following terms apply unless more restrictive terms are specified in the area provided by SketchUcation for custom license terms:
Unless explicitly provided for in custom license terms set forth in the area provided by SketchUcation and which must be subject to acceptance by Member before or at the point of sale, the Author retains, subject to any license agreement between the Author and SketchUcation, copyright in Content purchased or downloaded by any Member via SketchUcation.
Any license rights relating to Content For Sale via SketchUcation are contingent upon the transfer of money from the Member to the Author. All license rights terminate immediately and without notice if a sale is reversed for any reason.
For any Authors who provide SketchUcation with any type of Content for free distribution or sale, the following terms apply:
Author hereby grants to SketchUcation, and by the act of delivering Content to us, grant a non-exclusive, worldwide, 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 Author’s behalf; and to publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes;
- create and use samples of the Content for the purpose of demonstrating or promoting Author products or services or those of SketchUcation;
- use any trademarks, service marks or trade names embedded in the Content in connection with Author material; and use the name and likeness of any individuals represented in the Content only in connection with Your material.
The Author grants to the Member who either purchases license rights to Content via a Sale or downloads freely available Content submitted by the Author, a non-exclusive, life-long, worldwide license in any medium now known or hereinafter invented to reproduce, post, promote, license, sell, publicly perform, publicly display, digitally perform, print or transmit for promotional and commercial purposes. The Member license to Content in this paragraph is limited to Embedded Content. Such use or republication, including sale or distribution of Content that is not Embedded Content is prohibited. For illustration, approved distribution or use of Content as Embedded Content includes, but is not limited to:
- As rendered imagery (still or moving).
- As purchased by a game’s creators as part of a game if the Content 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 Content published within a book, poster, t-shirt or other item.
- As part of a physical object (e.g. 3D printed) such as a toy, doll, or model.
Absent a written grant of rights greater than that contained in paragraph 3 above, all other rights or sub-divisions of rights generally included in copyright are excluded from this license and remain the property of Author. Member understands and agrees that Member is prohibited from:
- resale or redistribution by the Member of any Content obtained from SketchUcation, whether For Sale or freely available for download, whether part of a Sale or not, unless it is used as Embedded Content as licensed above.
- selling, distributing, or licensing stock photography, model collection or stock media (or collection thereof) that features any Embedded Content, whether For Sale or freely available for download, through an online stock content clearing house / website;
- any other distribution that would require a written grant of rights greater than that contained in paragraph 2.3 above. Member understands that all other rights or sub-divisions of rights generally included in copyright are excluded from this license and remain the property of Author.
In the event a Member returns any Content, whether acquired by Sale or freely available for download, all license rights granted herein terminate and the Member must immediately destroy any and all copies contained on any type of media under the control or possession of the Member.
In addition to the above terms that apply to certain contexts, the following terms apply to all types of Content.
SketchUcation does not claim any ownership over Content submitted by Author. Author retains ownership of the copyrights and all other rights in Author Content, subject to the non-exclusive rights granted to us under this agreement. Author is free to grant similar rights to others during and after the term of this agreement. Author can withdraw (delete, unpublish) Content any time during his partnership with SketchUcation.
The license grant contained in this agreement can be terminated using the guidelines below. SketchUcation reserves the right, notwithstanding the guidelines below, to terminate this agreement at any time and without notice if any Content submitted violates the representations and warranties of paragraph three below. This agreement may be terminated at any time by either party upon written notice via email or regular mail. Nothing in this agreement shall be construed to mean that an Author may not submit or delete Content from the material submitted by such Author as part of general maintenance of such Author’s account.
Author represents and warrants that:
- the Content is Your original work, and contains no copyrighted material of any kind that Author 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;
- Author 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 Content 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 Content does not and will not violate any law, statute, ordinance or regulation;
- the Content is not and will not be defamatory, libelous, pornographic, obscene or evocative of racial hatred of any kind;
- the Content does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data;
- the Content does not contain any material that, as a condition of use, requires additional license restrictions such as requiring the publication of source code or Content that limits commercial exploitation of Embedded Content; and
- all factual assertions that Author has made and will make to us are true and complete. Author agrees to execute and deliver documents to us, upon our reasonable request, that evidence or effectuate our rights under this agreement.
SketchUcation implements and maintains business practices which enable us to accurately categorize Content that Authors deliver to us. If SketchUcation makes an error in good faith, however and consequently exceed our license rights, Author’s sole and exclusive remedy will be for us to take all reasonable steps to promptly correct the error as soon as SketchUcation becomes aware of the error.
Author will be entitled to a royalty of 60% (minus PayPal transaction fee deducted upon purchase by Member) of all proceeds from the Sale of Author’s Content. Author can request Payments monthly in case his/her balance reaches 100 USD. Upon Author's request for such payment, SketchUcation transfers the Payment via PayPal, to the Author's PayPal account. The remaining 40% of all proceeds from Sale’s is deducted by SketchUcation as a commission. In any case SketchUcation wishes to grant any discount from the price set by the Author, we will use our commission to cover the costs of such discount and the Author receives the original share of his Royalty. Author hereby Authorizes SketchUcation to collect and distribute such royalties and commissions.
As part of Author’s participation in SketchUcation, Author may have access to certain reports, records, and other business information available only to Authors. Such information is the confidential information of SketchUcation and should be treated as confidential. Author should not disclose such confidential information and should use reasonable physical and electronic security measures to safeguard such confidential information.
Effective: October 1st, 2012