11. General Information

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

11.2. CGTrader’s Site is a forum for exchange of Product licenses between the Seller and the Buyer or the Designer and the Buyer. CGTrader merely offers a platform for either Sellers to sell their Product or the Buyers to find a Designer for the desired Product. Thus CGTrader 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 CGTrader 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 CGTrader, 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 CGTrader 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 CGTrader 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, CGTrader 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 CGTrader 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. CGTrader 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 CGTrader on an “as is” basis. CGTrader 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. CGTrader 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. CGTrader 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. CGTrader 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. CGTrader 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. CGTrader 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 CGTrader 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 CGTrader 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 CGTrader’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 CGTrader. These links are provided only as a service to our users and Members. CGTrader is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with any linked or linking web site. CGTrader 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. CGTrader 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. CGTrader may also delete, or bar access to or use of, all related information and files. CGTrader will not be liable to you or any third-party for any modification, suspension, or termination of the Services, or loss of related information. CGTrader 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 Vilnius, Republic of Lithuania 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 CGTrader. This is the entire agreement applicable to Content and your use of the Site.

16.5. CGTrader 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 CGTrader 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.

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