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. CGTrader 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 CGTrader, the Seller grants and represents that he has the authority to grant to CGTrader 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 CGTrader;
- 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 CGTrader 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 CGTrader 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 CGTrader 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 CGTrader partner websites under the same terms and conditions as outlined herein. CGTrader will be able to choose the partners at its sole discretion.
18.9.The Seller provides CGTrader’s partners the same license rights as to CGTrader 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).