Terms of use

LICENSING TERMS OF THE 10RAVENS.COM INTERNET SHOP


By registering as a user of the Internet shop or Textures Gallery or PhotoResources Gallery, or by downloading a Product or Resource, the Customer agrees with the following Licensing Terms and undertakes to respect them when using the Product or Resource, regardless of whether downloading the Product or Resource was paid for or free of charge.

1. DEFINITION AND MEANING OF TERMS
Unless expressly stated otherwise or the context clearly indicates otherwise, the terms given below have, if they begin with an uppercase letter in these Licensing Terms, the following meanings:

Copyright                Act No. 121/2000 Coll., Copyright Act as amended

Basemesh               A three-dimensional virtual representation of actual organic structures (people, animals, plants, etc.) in electronic form

Photos                     A photographic representation of real objects, people, animals, plants, or effects in electronic form, including their eventual transfer to digital format and digital editing with computer technology

Photo Gallery          Resources Web presentation of Photos for the purpose of downloading Photos by the Customer free of charge from the website www.10ravens.com/photoresources/
 
Textures Gallery     Web presentation of Textures meant for the purpose of downloading Textures by the Customer free of charge from the website www.10ravens.com/textures/

Internet shop
          Application that enables the Customer to obtain a license to use the Products on the website www.10ravens.com/10ravensproducts/
 
Licensing Terms     The terms of use of the Provider’s Products offered in the Internet shop as they are listed below

Licensing Agreement
    A contract granting a license under the Copyright Act for the Product or Resource concluded between the Customer, as the licensee, and the Provider, as the licensor, by paying for the Product, or downloading the Resource; the license provided by the Licensing Agreement is non-exclusive and restricted, according to the scope of these Licensing Terms
 

HDRi                        
HDRi map – a graphic 360° representation of the sky designed for lighting three-dimensional renderings


3D Model
                A three-dimensional virtual representation of real objects in electronic form, intended for use in making architectural renderings of interiors and exteriors


Commercial Code
  Act No. 513/1991 Coll., Commercial Code as amended


Image                    
A two-dimensional graphic representation of real objects in an electronic format intended for use in making architectural renderings of interiors and exteriors


Provider
                The Provider of the Internet shop and Textures Gallery and PhotoResources Gallery is 10ravens s.r.o.

Premium Membership
The Provider’s commercial programs that enable the Customer, courtesy of paying a membership fee, to increase the limit on downloaded Resources for the period fixed in the terms of the program (day, week, month, etc.) as they are given in the sections Textures Gallery and PhotoResources Gallery on the website www.10ravens.com


Product                   A common 3D Model, Basemesh, HDRi, Image, Photo, Video, Sound, Texture and Program available for paid downloading from the Internet shop or any of them; the provisions dealing with Products also relate to Sample products

Texture
                   A graphic representation of the object surface, which can give the surface of a virtual three-dimensional model a realistic appearance, designed especially for making a three-dimensional rendering of an interior


Video
                      A video recording of real objects, objects, people, animals, plants, or effects in electronic form, including their possible transfer to digital format and digital editing with computer technology


Sample Products
    Products offered by the Provider in the Internet shop that are free for downloading to enable the Customer to verify the quality of the Products being offered


Customer
                A person who can establish a user account on the website www.10ravens.com by registering. The user account works for the Internet shop, Textures Gallery, and PhotoResources Gallery


Resource
                A Texture and/or Photo displayed in the Textures Gallery or PhotoResources Gallery and/or any of them.


ZOOÚ                      
Act No. 101/2000 Coll., Protection of Personal Data as amended


Sound                      
A sound effect in digital format created by recording it and/or editing it with a computer, used mainly for adding sound to computer games and videos
 
 

2. COPYRIGHT
2.1 The conclusion of a Licensing Agreement for a Product or Resource does not grant the Customer ownership of this Product or Resource, regardless of whether the download was paid for or unpaid.
2.2 By concluding a Licensing Agreement for the Product or Resource, the Customer receives a nonexclusive license, within the meaning of the Copyright Act, to use the Product or Resource within the means specified in the Licensing Terms.
2.3 The Provider remains the person entitled to exercise ownership rights to the Product or the Resource, who is authorized to license the Product or Resource in question to a third party, and that party may then use the Product or Resource, even repeatedly.
2.4 The license to use the Product or Resource under the Licensing Agreement is granted for an indefinite period for anywhere in the world. The Customer’s decision not to use the Product or Resource has no bearing on the Licensing Agreement.
2.5 The Provider hereby assures the Customer that he is, as the author or a person authorized by contract with the author, entitled to grant him a license for all Products and Resources offered in the Internet shop, Textures Gallery and PhotoResources Gallery, and that the Products and Resources are produced independently by the Provider or his contractual partners without the use of any copyrighted work by third parties.

3. GENERAL TERMS OF USE OF THE PRODUCTS AND RESOURCES
3.1 The Products and Resources are intended for further use by the Customer for commercial and noncommercial use in the production of computer games, movies, videos, architectural renderings and other audiovisual works and prints, under the terms provided below in these Licensing Terms.
3.2 The Products and Resources may not be used in any manner contrary to good morals, or for purposes in conflict with applicable laws and regulations (e.g. pornographic material).
3.3 The Customer may not in any way endanger the safety of operating the Internet shop, Textures Gallery and/or PhotoResources Gallery or attempt any unauthorized access to applications on the web portal of www.10ravens.com
3.4 The Provider is entitled to change the content, structure and visual design of the Internet shop, Textures Gallery and PhotoResources Gallery at any time. The Provider is entitled to immediately stop making any of the Products or Resources available for downloading at any time.
3.5 The Provider is entitled to change, for whatever reason, the prices of Products or the fees for Premium Membership at any time. The Provider is also entitled to increase or decrease the limits on downloading Resources from the Textures Gallery or PhotoResources Gallery at any time, including the limits set for the Premium Membership program, at any time and with immediate effect. The Provider is further entitled to change, at any time, the offer of Products and/or Resources or to start charging a fee for Products or Resources that were previously free of charge, or on the other hand to offer formerly charged Products for free.

4. RESPONSIBILITIES
4.1 The Provider is not liable for damage caused to the Customer by a third party making a claim for the protection of copyright, in accordance with the Copyright Act, against the Customer in connection with the Customer using the Product or Resource: for example, because the Product is to some extent a projection of the copyrighted work of this third party.
4.2 The Provider assumes no responsibility for the aesthetic appeal of the Product or Resource projected into the final work by the Customer and will not be liable for any damages (actual damages, lost profits, contractual penalties or other sanctions levied against the Customer by his contractual partner) incurred by the Customer in connection with the use of the Product or Resource for his work.
4.3 The Provider is not responsible for damage incurred by the Customer as the result of a failure of the Internet portal where the Internet shop, Textures Gallery and PhotoResources Gallery are operated, regardless of the reason why this situation has occurred, nor for damage caused as a result of factors, beyond the will of the Provider, that inhibit the proper operation of the Internet shop and/or Textures Gallery and/or PhotoResources Gallery. In this case, the Provider must supply the Product or Resource to the Customer without undue delay after such failure has been remedied or the situation has passed. In the event of a failure of the web portal, the Provider shall extend, upon written request by the Customer (delivered to the Provider within 24 hours of the failure being remedied), the Customer’s Premium Membership to include the period of time lost on account of the outage of the Internet portal.
4.4 The Provider is not liable for damage incurred by the Customer as the result of a loss of Customer access data to his user account or as a result of it being misused by a third party.

5. PENALTIES
5.1 In the event of a breach of the Licensing Terms by the Customer, the Provider is entitled to require the Customer to pay all damages (including lost profits) incurred as a consequence of this breach and to furthermore pay a penalty of 100 times the price of the Product for each individual breach of the Licensing Terms for using the Product, or a penalty of $100000  for each breach of these Licensing Terms for use of any Resource. The payment of any penalty does not affect the right to compensation, even in an amount exceeding the amount of the penalty.
5.2 In the event of a breach of the Licensing Terms by the Customer, the Provider is entitled to withdraw from any pertinent Licensing Agreement and/or all Licensing Agreements concluded with the Customer for Products or Resources, to have immediate effect, and require the Customer to refrain from using the Products or Resources in question. In the event of a breach of this obligation by the Customer, the Provider is entitled to a penalty in the amount specified in paragraph 5.1 of these Licensing Terms.
5.3 In the event of a breach of these Licensing Terms by the Customer, the Provider is furthermore entitled to cancel the Customer’s user account, without a refund for any prepaid services connected with Premium Membership. The Customer may establish a new user account only with the prior expressed consent of the Provider.
5.4 In the event of a delay with payment for the Product license, the Provider may terminate the Licensing Agreement with the Customer and/or any other Licensing Agreements concluded with the Customer for the Products, the price of which has not yet been paid, regardless of whether the Customer is considered in arrears under the Licensing Agreement.

6. USING PRODUCTS FROM THE INTERNET SHOP
6.1 The license to use the Product is made available to the Customer on the basis of an order concluded via a web interface to the Internet shop. The Product shall be made available to the Customer for downloading in the tab My Account/Download Center for his user account up to 24 hours after the price listed in the Internet shop has been paid for by the Customer via a method acceptable to the Provider. The Customer acquires a license to the Product under the Licensing Agreement the moment payment for the Product has been made.
6.2 In the event that the Customer has already paid for a Product canceled in accordance with paragraph 3.5 thereof, but was not able to download the Product from the Download Center in the period prior to its cancellation, the Provider shall enable the Customer, upon written request, to download another Product, the price of which is equal to or less than the originally chosen Product, in place of the Product that was paid for. In this event, the Customer does not have the right to withdraw from the Licensing Agreement.
6.3 Products can be used exclusively by the Customer whose user account was used to order them, and exclusively for creating animations, illustrations, renderings, films, videos, television commercials, multimedia files, commercials, presentations, computer games, video games, printed matter, educational material and music videos, unless the Provider determines otherwise for individual Products.
6.4 The Customer may not, without the prior written consent of the Provider, provide a sublicense for the Product to a third party within the meaning of the Copyright Act or assign his rights under the Licensing Agreement with the Provider to a third party, whether paid for or free of charge. The Customer is especially prohibited from modifying or transforming the Product so as to create an image of the Product (so-called clipart), which the Customer could make available to third parties as his own copyrighted work. The Customer is also prohibited from providing the Product to a third party as part of a compilation, database or so-called 3D scenes, from which the Product can be removed separately.
6.5 The Customer may not make Products available to a third party in any manner that would allow this third party to use this particular Product independently of the Customer’s work. The Customer is obligated to work with the Product under the Licensing Agreement so that it is incorporated into the final work of the Customer, whereby the Product cannot be separated for a third party (e.g. a customer of the Customer) and used for purposes other than for the Customer’s work (the Customer is especially prohibited from providing 3-D scenes that incorporate the Product to contractual partners or other third parties). The Customer is furthermore entitled to use the Products in the manner described above to create employable work under the Copyright Act, the property rights to which shall be exercised by the employer of the Customer.
6.6 Given the nature of the Products and the ability to copy them, the Customer is not entitled to terminate the Licensing Agreement. In the event that a Product paid for (copyright holder) will have defects that prevent its use in the manner stipulated in this article of the Licensing Terms, the Customer must inform the Provider about these defects in writing, within 3 (three) days of downloading the Product from the Download Center of the Internet shop. In the event of valid complaints concerning a defective Product, the Provider is authorized to offer the Customer a choice of a replacement Product, equal to or less than the original price, or to activate the Premium Membership (increasing the limit for downloading Resources from the Textures Gallery or PhotoResources Gallery) equal to the value of the Product according to the Licensing Agreement. A Product shall not be considered defective because it does not conform to the Customer’s expectations or he has reservations about the quality of the Product, if both instances conform to the specifications of the Product published in the Internet shop.

7. USE OF RESOURCES FROM THE TEXTURES GALLERY AND PHOTORESOURCES GALLERY
7.1 Resources may be used only by the Customer whose user account was used for the download, to create animations, illustrations, renderings, movies, videos, television commercials, multimedia files, commercials or music videos, unless the Provider expresses otherwise for individual Resources.
7.2 Licenses for using a Resource in the manner specified by the pertinent Licensing Agreement is provided free of charge. Premium Membership Programs requiring fees are used solely for increasing the daily limit on data downloaded from the Textures Gallery and/or PhotoResources Gallery for the period specified by the terms of the program. The Customer is not entitled to terminate his membership in the Premium Membership program.
7.3 The Customer may not, without the prior written consent of the Provider, provide a sublicense for a Resource to a third party within the meaning of the Copyright Act or assign his rights under the Licensing Agreement with the Provider to a third party, whether paid for or free of charge.
7.4 The provision of a Resource, paid for or free of charge, that has not been modified, i.e. a Resource unmodified by means preventing the Resource from being used beyond the framework of the Customer’s copyrighted work, to third parties by the Customer is prohibited. The Customer is especially prohibited from providing the Resource to third parties within the framework of a compilation, drawing program, photo-kiosk program, database or so-called 3D scenes created by them, which the Resource can be separated from. The Customer is furthermore prohibited from providing 3D Models created by using Resources – Textures (video compositions) to third parties. The Customer is likewise not entitled to use Resources for so-called Open Resource license programs.
7.5 Resources are intended for the creative work of the Customer. The Customer is not entitled to download Resources from the Textures Gallery and/or PhotoResources Gallery for the purpose of creating his own database of Resources for future use without needing them for his work during the period of the download.
7.6 The Customer may not use a Resource to create tangible works other than printable material, and the use of Resources as decorations for various items (mugs, t-shirts, etc.) is especially prohibited. Resources may not be provided to third parties by the Customer as part of a product other than the copyrighted Product, such as backgrounds for mobile phones or computers.
7.7 The use of special programs for the mass download of Resources from the Textures Gallery and/or PhotoResources Gallery is prohibited.
7.8 The Customer may not enable the downloading of Resources, whether paid for or free of charge, on an Internet portal not operated by the Provider.
7.9 The Customer is obliged to indicate on his works the number of Resources from the Provider’s Web portal that were used in creating these works, for example “15 textures from the portal www.10ravens.com were used in the creation of this work.”

8. FINAL PROVISIONS
8.1 The Provider reserves the right to change these Licensing Terms, as well as individual parts of them, including the defined terms, at any time and without giving prior notice. In this case, the Customer has the option of canceling his user account as a way to express his disapproval of any change; the rights and responsibilities related to any downloaded Product or Resource established by individual Licensing Agreements are not affected. By using a user account after such change in the Licensing Terms, the Customer is expressing his agreement with the new change and undertakes to comply with the obligations therein.
8.2 A separate written agreement – Licensing Agreement – about the terms of use of the Product or Resource between the Customer and the Provider shall take precedence over these Licensing Terms.
8.3 The legal relationship between the Provider and the Customer arising from these Licensing Terms and Licensing Agreements are governed by Czech law, copyright law and, for issues not covered therein, by the Commercial Code. The terms & conditions of the Customer do not apply to the relationship between the Provider and Customer. By giving his express consent to these Licensing Terms, the Customer confirms that he is an entrepreneur within the meaning of the Commercial Code and the Products and Resources will be used for his business activities.
8.4 Any disputes arising in connection with the use of the Products and/or Resources will be addressed by the laws of Czech Repablic court in Czech Republic.
8.5 By registering a user account, the Customer gives the Provider, as administrator, his consent to process his personal data provided through registration in accordance with ZOOÚ. His personal information will be used for the documentation and statistical needs of the Provider, as well as for maintaining the Customer’s user account and processing the Customer’s orders, including contacting the Customer in connection with his order or Premium Membership. The Provider undertakes not to transmit the Customer’s personal information to another administrator within the intentions of ZOOÚ (especially for marketing purposes).
8.6 Any invalid, ineffective or unenforceable provision of these Licensing Terms has no affect on the validity, effectiveness or enforceability of other provisions provided that an invalid, ineffective or unenforceable provision can be removed from the other provisions.