This User Agreement constitutes a public offer of Individual Entrepreneur Shubina Elena Sergeevna (hereinafter referred to as the “Company”) to conclude the User Agreement for the use of the Service upon the following terms and conditions.
Agreement shall mean the text hereof, including all annexes, amendments and supplements hereto, as placed on the Website and accessible on the Internet at https://cg.market/user_agreement, and the User Agreement concluded upon its terms and conditions;
User shall mean a natural person at the age of 18 (eighteen) years or more, who intends to use or is using the Website in accordance with the terms and conditions hereof;
Registration shall mean the User’s successful filling in the registration form enabling to create the User’s Personal Account on the Website;
Personal Account (Account) shall mean a set of data about the User, including the information provided by the User and the Service internal information about the User;
Messages and Materials (Content) shall mean the User’s informational statements, Models and other publications on the Website topics, including photographs taken by the User and materials in other formats acceptable by the Website, which the User placed on the Website and which are accessible for the unlimited number of visitors of the Website;
Website shall mean the Internet site placed at cg.market domain;
Service (Services) shall mean the set of technical and technological opportunities of the Website provided to the User by the Company after the acceptance hereof;
Model shall mean a set consisting of one or several digital files in the form of a product on the Website; it may include 3D models and any other collateral materials (texture cards, scripts, plugins, shaders, vector graphics, instructional materials etc.);
Buyer shall mean a User who buys Models or downloads accessible on the Website Models for free;
Seller shall mean a User who uploads Models to the Website for sale or free downloads;
Incorporated Product shall mean any digital file constituting part of another completed digital product and cannot be distributed beyond this product;
Website Fee shall mean the payment for the Services received by the Users when selling or buying Models;
CG.MARKET Content shall mean all content placed on the Website, including the Website design and compilation;
Processing Fee shall mean the fee that may be charged in the course of buying a Model, in respect of certain Payment Methods;
Payment Method shall mean any payment agent or method accessible on the Website for buying Models;
Cost of Goods shall mean the price displayed on the goods page, that includes the Website Fee;
Bottom-Line Cost shall mean the price totally paid by the Buyer when buying a Model;
Operating Licence shall mean the operating regulations on a Model bought on the Website.
To make this Agreement simpler and less repetitive, the following words are used:
The words “include”, “including” and “such as” shall be deemed to be accompanied with the words “but not limited to”. The examples herein are used as illustrations, but not for limitation purposes. The words “the following limitations”, “the above-mentioned limitations” and “subject to the limitations” shall be deemed to be accompanied with the words “in addition to all other limitations applicable herein”.
- Operating Licence of the Website
1.1. This Agreement shall enter into force at the moment of creating an Account and shall be valid during the period of your Account validity. An Account may be registered by a legal entity or a natural person at the age of 18 (eighteen) years or more which/who may execute binding agreements;
1.2. This Website is protected by Copyright Law and the International Agreement. Under this Agreement, the User is granted the right to use the Services of the Website within its functional capabilities, including:
– viewing the materials placed on the Website;
– registration and/or authorisation on the Website;
– placing the User’s own content, which shall not be contrary hereto, on the Website;
– using other functional capabilities of the Website.
1.3. By using any of the above-mentioned opportunities related to the use of the Service, the User confirms that he/she/it:
– has become fully familiarised with the terms and conditions hereof and the Parties’ mandatory documents specified herein before he/she/it begins using the Service;
– fully accepts all terms and conditions hereof and the Parties’ mandatory documents specified herein, without any exemptions and limitations from his/her/its part, and undertakes to comply with them, or cease using the Service.
1.4. The User shall not:
– modify the Website or use it for commercial purposes or for public display, execution, sale or lease;
– decompile, redesign or disassemble, modify the Website, create derivative works based on the information published on the Website;
– delete any copyright notices or notices of other CG.MARKET titles;
– take any actions for the Website cracking, collecting and extracting data, including by subscripting, caching or aggregating;
– test the Website to detect technical vulnerabilities or to bypass any safety measures or access limitations;
– copy any confidential information or ideas from the Website;
– disseminate spam, mass or undesirable messages;
– falsely represent him/her/itself to be CG.MARKET or another company or individual;
– forge headings or in any other way manipulate identifiers (including URL addresses) in order to hide the origin of any Content published on the Website;
– misrepresent him/her/it as being a certain natural person or legal entity;
– act in a manner which negatively affects the other Users’ ability to use the Website;
– be involved in actions violating any fiduciary relations, any applicable local, national or international law or any regulatory acts having the force of laws, including, inter alia, any attempts to put any network account or website at risk, arrangement of an illegal lottery or gambling, harassment, or creating threats of injuries;
– collect or store personal data about other Users, unless it is explicitly permitted by these Users;
– collect or store the Website data for any other purposes, except in cases explicitly provided herein.
1.5. Any violation of these General Terms may result in cancelling the account.
1.6. CG.MARKET is entitled not to provide any opportunities of the Service to unregistered visitors.
- Title to the Website
2.1. All information on the Website is owned by CG.MARKET and/or Users, protected by Copyright and shall not be copied, reproduced, modified, published, uploaded, placed, transmitted or otherwise distributed without the prior consent of CG.MARKET. Unless otherwise directly provided herein, CG.MARKET and its suppliers do not grant you any explicit or implicit rights under any patents, registered designs, copyrights, trademarks or information about the commercial secret of CG.MARKET.
The logotypes and slogans of CG.MARKET, whether registered or not, shall not be used without the special written consent of CG.MARKET.
- Rights and Duties of the User
3.1. In respect of your use of the Website, you hereby agree:
– to provide accurate, updated and complete information about yourself in the User account, which may be requested during registration and/or login form on the Website (“Registration Data”);
– to maintain safety of your password and identification;
– to preserve and timely update the Registration Data and any information which you provide to CG.MARKET, for the purpose of ensuring that it is accurate, updated and complete;
– to undertake all risks of unsanctioned access to information and the Registration Data. You shall bear sole liability for the proper protection and backup of data and/or equipment used in the context of the Website.
3.2. You shall be liable for all actions carried out under your User identifier. You shall be liable for preserving privacy of your User identifier and password.
3.3. By registering on the Website, you agree to get registered by using a valid e-mail address which you may use and which is not placed on any temporary e-mail service.
3.4. CG.MARKET may cancel or deactivate the account of any natural person or legal entity for any reason, at any time, without a prior notice.
3.5. Keep all internal connections with other Users of CG.MARKET on the Website and do not request for and share contact details.
3.6. The User shall bear complete personal liability for the content that he/she publishes on the Website. The User shall not publish the content that:
– has the obscene, offensive, vulgar, maleficent, threatening, slanderous, misleading or pornographic character;
– is intended to and can damage the honour, dignity or reputation of other persons (including the content containing unreasonable judgements addressed to third persons, unverified facts, references to third persons which may negatively affect the demand for their services, works, services);
– encourage incitement of religious, racial, ethnic or international dissention;
– contains elements of violence;
– contains unsanctioned borrowings, plagiarism, violations of the right of name, otherwise violates legally protected rights for the results of intellectual activities and means of individualisation of the Company and third persons (copyrights and allied rights, patent rights, know-how rights, trademark rights etc.), including, the content that copies other materials placed on the Website by a non-User;
– violates the rights of underage persons, their guardians and representatives;
– contains information constituting commercial, official, medical, bank or other secrets;
– contains software viruses or other computer codes, programmes, files aimed at creating failures of any hardware (a computer, telecommunication equipment etc.);
– contains advertising, unless it is agreed by the Company;
– contains spam and flood.
3.7. The User may not unconscientiously (without the right holder’s authorisation) copy and borrow Messages and Materials from other Internet resources, social media or other sources of information, place them on the Website. The User shall bear complete liability for any violation of provisions of intellectual property laws.
3.8. The User hereby guarantees that he/she/it is the author and the sole legal holder of the exclusive right to use Messages and Materials that the User places on the Website and no other persons will make claims (demands) against CG.MARKET in respect of the use of the Messages and Materials on the Website.
3.9. The User hereby undertakes to immediately notify CG.MARKET in the event:
– that another registered User’s actions suggest any violation of the terms and conditions hereof;
– of detecting any copying and use of the Website informational content, including certain Messages and Materials, on other Internet sites.
- Rights and Duties of the Company
4.1. The Company may improve the Service, expand its capabilities.
4.2. The Company may notify the User about new capabilities of the Service at the e-mail address specified by the User during Registration.
4.3. The Company may, without the User’s approval, modify the Website in any manner at its own discretion, including any alterations of the Website design, the terms and conditions of the provision of the Services, add new Services, terminate providing the Services, and interrupt the access to the Website during the process of carrying out the above-mentioned works by the Company.
In case the access to the Website and/or the Service is interrupted for a considerable period of time (over 24 hours), the Company will exert every effort to notify the User about it, if possible.
4.4. The Company may popularise and promote the Website and the Service, may place advertising materials on any page of the Website, including, but not limited to contextual advertising, banners, interactive video, animated and other advertising clips.
4.5. The Company may deny the User’s Registration, temporarily suspend the access to the User’s Personal Account or delete the User’s Personal Account without a prior notice and without explaining any reasons, unless otherwise provided in the separate agreement with the User.
4.6. The Company reserves the right to modify the terms and conditions hereof unilaterally and without a prior notice, by placing the updated text of the Agreement on the Website at: https://cg.market/user_agreement
4.7. The Company may impose retaliations on the User that violates the terms and conditions hereof, as specified herein, and demand imposing sanctions stipulated by the international law on the User.
4.9. The Company may control the contents of the Messages and Materials, including the alteration and editing of the Messages and Materials, at its option, without the User’s approval, as well as the deletion of the Messages and Materials without a prior notice, at any moment.
4.10. The Parties hereby agree that the Website and the Service are complicated intellectual products and the placed Messages and Materials become an integral part of these products. In this view, the User hereby recognises that the Company fully holds the exclusive copyrights for the compound (complicated) product, including the Messages and Materials of the User and other visitors of the Website.
4.11. The Company does not pretend to the title to the Models which the User places on the Website and shall not be liable for these Models.
4.12. The Company takes up the title to categorise Models (for example, Most Popular, Best Quality, Bestsellers etc.). By accepting the provisions of this Agreement, the Seller grants the right of the Model categorisation to CG.MARKET, whose right may be exercised at its own discretion.
GUARANTEES AND LIABILITY
- General Information
5.1. The CG.MARKET Website is a trading platform for exchanging licences for the use of Models between the Seller and the Buyer. CG.MARKET does not own the Models presented on the Website for sale and shall not be liable for their quality and safety.
5.2. The content of the Website has the exclusively informational character. The Company shall not be liable for any inaccuracy, inconformity and incompleteness of any data.
5.3. When beginning to use the Website and the Service, the User understands that there may be technical errors and defects in their operation and recognises that the authors of the Website software and the Company shall bear no financial liability for any consequences of the operation of the Website and the Service, for the operation capability of the User’s hardware in the process of its use, for the conformity of the Website and the Service to the User’s goals.
5.4. The Company shall not be liable for any distortion, modification, illusion of presentation of the User’s Messages and Materials on the Website, even if it caused a negative judgement to the User’s address.
5.5. The User hereby recognises that ensuring the operation of the Website and the Service, the Company shall, however, not be liable for its uninterrupted operation, for any possible loss of the Messages and Materials, for emergence of any other inconveniences and losses during the use of the Website.
5.6. The Company shall not be liable for the non-fulfilment or improper fulfilment of its obligations resulting from faulty operation of telecommunication and power networks, operation of malicious software, and unfair acts of third persons aimed at unsanctioned access to and/or disablement of the Company’s software and/or hardware.
- Limitation of Liability
7.1. In no event, CG.MARKET or its respective officers, shareholders, partners, representatives, agents and employees shall be liable for any direct, indirect, punitive, incidental, exemplary or consequential damages or any damages at all resulting from or anyhow related to the use and operation of this Website or any Content received through this Website. Your sole and exclusive remedy is to terminate the access to the Website and the use of the Website, even if this remedy does not meet its major goal.
7.2. Being purely a trading platform for transferring licences for the use of Models, CG.MARKET does not control the quality or legality of any Content on this Website, or the accuracy of any related information. You shall be fully liable for the provision and assessment of the quality or legality of any Content and its use.
7.3. CG.MARKET exerts every commercially reasonable effort to ensure the accuracy and reliability of all materials, information and data on this Website, but the accuracy cannot be guaranteed.
7.4. By accepting these General Terms, you recognise and agree that you use this Website and (or) the Content at your own discretion and risk and that you shall bear sole liability for any damage resulting from downloading and using any Content.
7.5. CG.MARKET does not guarantee that the Content or other materials and information accessible on this Website will not contain viruses, worms or another code which can damage your computer-aided system. You must tale all reasonable precautionary measures in respect of such codes and/or software.
7.6. CG.MARKET shall not be liable before the Users of this Website for any damage resulting from the use of this Website or the use of the Content received from this Website and in no event shall be liable for behaviour of the Users of this Website or for any Content placed or exchanged on this Website.
7.7. No advice or information, whether oral or written, which you received from CG.MARKET or in any other manner from this Website shall create any guarantees.
7.8. As the Content is delivered through the Internet, under certain circumstances, the delivery of the Content may be delayed. In no event, CG.MARKET will be liable for any delays in the delivery or efficiency caused by your failure to provide necessary and accurate information timely, or caused by circumstances or reasons beyond the reasonable control of CG.MARKET.
- Third-Person Websites
This Website may link to or be connected with other websites not supported by or not associated with CG.MARKET. These links are only provided as a service to our Users. CG.MARKET does not imply, directly or indirectly, any approval, association, sponsorship of or consolidation with any connected or connecting website. CG.MARKET does not verify all third-person websites and shall not be liable for their content, accuracy or policy. If you link to or extract any other pages or websites, it shall be at your own risk and peril.
10.1. The User is hereby granted the right to use the Website and the Service upon the terms and conditions hereof and within the period of validity hereof.
10.2. The use of the Website and/or the Service in other manners, including by copying (reproducing) the Content placed on the Website, as well as design elements and software constituting parts of the Website, their decompiling and modification is strictly forbidden.
10.3. The Company may establish limits and introduce other technical restrictions of the use, which will be from time to time communicated to the Users in the form and manner at the Company’s option.
10.4. The User hereby recognises that the Company holds the exclusive right (in full) both for the said products and for their components and products derived from them.
10.5. By accepting the terms and conditions hereof, the User gratuitously grants to the Company an ordinary (non-exclusive) licence for the use of the Content that he/she adds to the Website.
10.6. The said ordinary (non-exclusive) licence for the use of the Content is granted to the Company simultaneously with the adding of the Content to the Website, for the whole period of validity of the exclusive rights of copyrights and allied rights objects that form this Content, for the purpose of using throughout the territory of all countries of the world.
10.7. The ordinary (non-exclusive) licence granted to the Company permits to use the Content in the following manner:
– to reproduce the Content, i.e. to make one or more copies of the Content in any material form and to record it in the memory of an electronic device (the reproduction right);
– to distribute copies of the Content, i.e. to provide access to the Content reproduced in any material form, including networking and other ways, as well as by sale, lease, rent, given on loan, including import for any of these purposes (the distribution right);
– to display the Content publicly (the right of public display);
– to represent and perform the Content publicly (the right of public representation and performance);
– to communicate the Content so that any person could have access to it interactively from any place and at any time, at his/her option (the right of communication);
– to modify the Content, i.e. to remake or otherwise alter the Content, including the translation of the Content from one language to another (the right to alter);
– to assign all or any granted rights to third persons (the right of sublease).
- Rights and Duties of the Seller
11.1. The Users may only upload the Content that they own or are otherwise entitled to use and upload. CG.MARKET does not own the Content uploaded by the Users.
11.2. By uploading a Model, the Seller confirms that he/she does not violate the intellectual property right of any other person.
11.3. The Sellers may not upload the Models or publish the Content that violates any international or domestic laws, statutes, directives or regulatory acts. The Content may not be discrediting, slanderous, pornographic, obscene, offensive or inciting hatred of any kind, and may not contain any viruses, spam, malicious software.
11.4. The Sellers shall always keep a backup copy of their own uploaded Models. The Sellers’ files uploaded to the Website may not be used as a backup source.
11.5. For any Model uploaded to the Website or transferred to CG.MARKET in another manner, the Seller shall provide the guarantee that he/she has the powers to grant to CG.MARKET the non-exclusive, worldwide, gratuitous licence on any carrier currently known or subsequently invented, for the purposes of:
– reproducing, selling and distributing the net revenue resulting from any sale, fully or partially, on behalf of the Seller;
– representing and performing, displaying publicly, in the digital form or transmit for the advertising and commercial purposes;
– creating and using samples of the Model for the purposes of advertising, displaying or promoting the Seller’s products or services or the products of CG.MARKET;
– using any trademarks, logotypes or trade names, included in the Model, as presented in the Seller’s Model;
– using names and images of any persons used in the Model, as presented in the Seller’s Model
All the above-mentioned licensed rights shall be used by CG.MARKET exclusively to ensure the proper Website administration and promotion.
11.6. The Seller retains ownership of all copyrights and all other rights for the Content uploaded to the Website, in accordance with the non-exclusive rights granted to CG.MARKET and the Buyer. Seller may grant similar rights to other persons during and after the period of validity hereof.
11.7. By uploading a Model to the Website, the Seller represents and warrants that:
– the Model is his/her original work and does not contain any author materials of any kind, the owner of which is not the Seller;
– the Seller has the full right and authority to enter into and implement this Agreement, and has received all third-party consents necessary to conclude this Agreement;
– The seller will not delete uploaded models, without special reason. If the seller wants his previously uploaded model to be removed from the site, he undertakes to argue this desire and agrees that the final decision on this issue is made by the site administration.
– the Model does not violate and will not infringe copyrights, patents, trademarks, commercial secrets or other property rights of third parties, the right to publicity or privacy or moral rights;
– the Model does not violate and will not infringe any laws, statutes, regulations or rules;
– the Model does not constitute a content which is discrediting, slanderous, pornographic, obscene, offensive or inciting hatred of any kind;
– the Model does not and will not contain any viruses or other programme codes that negatively affect computer-aided systems or data;
– the Model does not contain any materials for which additional licensing restrictions are required as a condition of its use, such as the requirement to publish the source code or the Product restricting the commercial use of the included Product;
– all factual statements that the Seller has made and will make are true and complete. The Seller agrees to issue and deliver documents to CG.MARKET and (or) to the Buyer, on their reasonable request, which confirm or exercise their rights hereunder;
– the Model corresponds to the description and the preview that the Seller provides together with the model.
11.8. If you accept the “Participation in promotions” option by checking the appropriate box when uploading the Model, the Model may be sold at a reduced price or be available for free.
11.9. By uploading the Model to the Website for sale, the Seller agrees that CG.MARKET independently and at its own discretion sets the price for this Model, depending on the complexity of the Model.
11.10. CG.MARKET may provide some Sellers with a special, privileged status that allows the Seller to set the price for its Models independently. This status is provided solely at the discretion of the Website administration and may be cancelled at any time if the Seller sets prices that contradict fair competition on the Website. The Seller will be notified in case the privileged status is cancelled.
11.11. The Seller agrees that CG.MARKET will charge the Website commission fee for the sales of his/her Models. The amount of the commission fee depends on the number of total sales of the Seller or is set by the Website at its own discretion.
11.12. The Seller shall bear complete sole liability for the payment of any taxes and fees associated with activities on the Website.
11.13. The Seller hereby authorises CG.MARKET to collect money from the Buyer and distribute payments among the Seller and other legal entities ensuring the operation of the Service.
- Rights and Duties of the Buyer
12.1. The Buyer may not use the Model downloaded from this Website in a manner that infringes the intellectual property right of any other party. The Buyer does not have the right to redesign any Model and must comply with the terms of the licence granted to the Buyer in accordance with this User Agreement, as well as any additional conditions of the Seller included in the Model.
12.2. By agreeing to this User Agreement, the Buyer confirms the waiver of his/her 14-day right of return in respect of the digital content (the Model).
12.3. The Buyer may incur additional costs in addition to the cost of the goods, which may include the fee for processing and currency conversion when buying on the Website. CG.MARKET does not control the exchange rates or fees of your financial institution that conducts the transaction.
12.4. As the Buyer, you make a purchase on the Website under the following conditions:
– you guarantee to CG.MARKET and the Seller that you have carefully studied the information about the Model and what the Operating Licence means;
– you may not cancel a completed purchase of the Model;
– CG.MARKET and the Seller do not guarantee that any of the Models that you purchased will still be available on the Website; therefore, you must download and save the Model as soon as you buy it;
– you only acquire the Operating Licence, the ownership of the Model remains with the Seller.
- Operating Licence
13.1. The Model may not be sold or transferred to another person or organisation in the form in which it was downloaded from the Website.
13.2. The Operating Licence is strictly limited to the included Model. Any distribution or sale of a Model which is not an Incorporated Product is strictly forbidden. For example, it is allowed to use it:
– to create static or animated images;
– to create video games as part of the visual content of the game, however, provided that the users of the game do not have the opportunity to save this Model outside of this game;
– to create printed images on t-shirts, posters or any other subjects;
– as part of a physical object, such as a toy, a doll or a model of something
13.3. If you use the Model in software (such as video games, simulators or virtual worlds), you must take all reasonable actions to prevent the end user from gaining access to the Model. The Model protection methods shall include, but shall not be limited to:
– the use of a proprietary disc format, such as Xbox, PlayStation, etc.;
– the use of a proprietary product format;
– the use of your own database or password-protected database for storing the Model data;
– the encryption of the Model data.
CONSIDERATION OF COMPLAINTS AND REQUESTS
14.1. Taking into account the nature of the digital content, the purchase may be returned only if the Model does not match its description on the Model page.
14.2. CG.MARKET will not consider return requests in the following situations:
– you change your mind to buy this Model;
– you bought the Model by mistake;
– you do not have enough experience to use this Model;
– you no longer have access to the Model, due to its removal from the base of the Website.
- Complaints and Requests
15.1. In the event of a violation of your rights and/or interests in connection with the provision of the Service, including the placement of the inappropriate Content on the Website by another User, you should inform the Company about it. To do this, you must send a written notice to the Company detailing the circumstances of the violation and a hypertext link to the network address of the Content, due to the use of which your rights and/or interests are violated.
15.2. Questions, suggestions, comments, complaints and other messages of the User regarding the operation of the Website or the Service are sent to the Company via the feedback form on the Website.
15.3. The Company shall not be liable for the User’s receipt of the response to his/her request.
15.4. The Company does not consider the User’s messages to the Company that do not enable to identify the User.
15.5. If the User does not agree with the reasons in the Company’s response, he/she shall be entitled to send a repeated letter to the Company with a more detailed description of the situation and/or a question and/or a suggestion.
15.6. Any claims of the User directly addressed to the Company and/or related to the Website are subject to resolution in the prejudicial procedure according to the above-described procedure of exchanging written messages.
VALIDITY OF THE AGREEMENT
16.1. This Agreement is concluded for an indefinite period since its acceptance by the User.
16.2. This Agreement may be amended or terminated by the Right Holder unilaterally without a prior notice to the User and without paying any compensation in this connection.
16.3. The acceptance by the User of the provisions of the new version of the Agreement is mandatory for the continuation of the operation of the User’s Personal Account.
16.5. The most recent version of this Agreement is placed on the Website of the Right Holder and is available on the Internet at https://cg.market/user_agreement.
17.1. The Registered User independently determines the conditions and the procedure for using the Personal Account and other functional capabilities of the Service, which, however, under no circumstances may be in conflict with this Agreement.
17.2. Applicable Law. This Agreement, the procedure for its conclusion and implementation, as well as matters not regulated by this Agreement, shall be governed by the current laws of Hong Kong.
17.3. Arbitration. All disputes under the Agreement or in connection with it are subject to consideration in court at the location of the Company in accordance with the applicable procedural law.
DETAILS OF THE COMPANY
Individual Entrepreneur Shubina Elena Sergeevna
Taxpayer Identification Number 072602167661
Primary State Registration Number of Individual Entrepreneur 321072600022170
Most recent version of the Agreement dated 14 August 2021