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360hdri spheres

 

Terms & Conditions

360hdrisperes.com

TERMS OF USE

The following agreement governs the terms between 360hdrisperes.com (“the owner”) and the user (“you”) regarding the use of the images, textures and files purchased and downloaded from the owner’s website.
Please read this agreement carefully before downloading any of the owner’s image(s)/texture(s)/files(s). Your purchase, download and/or use of these images indicates your acceptance of these terms and conditions. The owner reserves the right to change any of the terms of this agreement at any time, and you agree to be bound by such changes. If you do not agree to these terms of service, do not download or use any images, textures or files.

1 - ONLINE STORE TERMS
By agreeing to these terms of service, you confirm you are of legal age to enter legally binding contracts in your state, province of residence or country and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our image(s)/texture(s)/file(s) for any illegal or unauthorized purpose nor may you, in the use of the image(s)/texture(s)/file(s), violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the terms will result in an immediate termination of the license granted to you in Clause 2 below.

2 - LICENSE TERMS
The Owner hereby grants you an ongoing, non-exclusive, non-transferable royalty free worldwide license to the digital image(s)/texture(s)/file(s) (“content”) you have selected.
You are licensed to use the content as many times as you like for any of the permitted uses defined below (3a). You are NOT licensed to use the content in any other way (3b). Any use of the content that is not a permitted use shall constitute infringement of copyright. All other rights in and to the content, including, but not limited to, all copyright and other intellectual property rights relating to the content, are retained by the owner.
You may install the content in only one location at a time, with a location being a physical office or workplace. As an example, companies with offices in more than one city or country must purchase the content multiple times.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the content, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.

3a - PERMITTED USAGE
You may:
    •    Use images for general, editorial, product, and promotional uses including but not limited to: products, software, animations, newsletters, advertisements, book covers, packaging, marketing material, school assignments, presentations, and within films or videos, provided that such usage complies with the other provisions in this Agreement.
    •    Use in educational manner (non-profit making).
    •    Use in non-commercial illustration.
    •    Use in entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations.
    •    Edit or alter image(s)/texture(s)/files(s)as necessary for your use, provided that the subsequent image otherwise complies with this Agreement. The copyrights in all image(s)/texture(s)/files(s) obtained from the owner and integrated into a derivative work will remain with the owner.
If there is any doubt that a proposed use is a permitted use, please email info@360hdrisperes.com for clarification.
 
3b - PROHIBITED USAGE
You may not:
    •    Sub-license, re-sell, repackage, rent, lend, give, assign, donate or otherwise redistribute the image(s)/texture(s)/file(s) or the rights granted under this Agreement. This includes bundling the image(s)/texture(s)/file(s) with a 3D scene, 3D model or map intended for resale, license or other distribution.
    •    Release the image(s)/texture(s)/files(s)under an Open Source license, for example Creative Commons, GPL.
    •    Represent itself as being the original creator, owner or exclusive licensee of the image(s)/texture(s)/files(s).
    •    Post a copy of the image(s)/texture(s)/files(s) on a network server or web server for use by other users.
    •    Display the image(s)/texture(s)/files(s)in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement.
    •    Use the image(s)/texture(s)/files(s)in a fashion that is considered obscene, immoral, infringing, defamatory, pornographic, offensive or other unlawful.
    •    Use any part of an image/texture/file in a trademark, service mark, logo, or part thereof.
    •    Remove any copyright information from any image or texture or file.

4 - DISCLAIMER
The owner warrants that unaltered image(s)/texture(s)/file(s) purchased and downloaded and used in full compliance with this Agreement and applicable law, will not infringe any copyright, trademark or other intellectual property right, nor will such unaltered image(s)/texture(s)/file(s) violate any third parties’ rights of privacy or publicity.
All images, textures and files distributed by the owner are provided on an “as is” basis without conditions or warranties of any kind. Under no circumstances, shall the owner be liable to you or any third-party for any indirect special or punitive damages, including but not limited to lost profits and business interruption.

5 - GENERAL PROHIBITED USES
In addition to the prohibited uses set out in section 3b, you are prohibited from using the site or its content:
a.    for any unlawful purpose;
b.    to solicit others to perform or participate in any unlawful acts;
c.    to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
d.    to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
e.    to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f.    to submit false or misleading information;
g.    to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet;
h.    to collect or track the personal information of others;
i.     You must not transmit any worms or viruses or any code of a destructive nature.
j.    to spam, phish pharm, pretext, spider, crawl, or scrape;
k.    for any obscene or immoral purpose; or
l.    to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. The owner reserves the right to terminate your use of the service or any related website for violating any of the prohibited uses.

6 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
The owner reserves the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
The owner shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.

7 - LIMITATION OF LIABILITY
a.    The owner hereby warrants that it has made every effort to ensure that the image(s)/texture(s)/file(s) are freely available for use by the user and free from any third party claims or restrictions however it does not warrant that the content is free from any such third party claims and restrictions.
b.    The user hereby acknowledges that by downloading any image, texture or file from the Website it accepts that claims or restrictions may be made or imposed on the user by any third party who has any proprietary right in any Image or the content and that any permitted use of such material is subject to any third party proprietary rights.
c.    The owner shall not be liable to the user for any direct or indirect consequential losses (which shall include without limitation direct and indirect costs and expenses incurred as a consequence of using the content and loss of time) which the user may suffer or incur as a result of any claims, requests or restrictions (including without limitation any request to cease using any image/texture/file or the content by the owner or any third party) imposed in connection with the use of the content.
d.    In the event of any dispute by any third party regarding the use of the content the owner shall be entitled to divulge the identity of the user to any third party who obtains a court order or other such direction for the release of such information by the owner.
e.    The owner may in its absolute discretion offer any similar alternative content free of charge to the user in the event that the original image, texture or file or content downloaded from the Website is withdrawn by the owner or any third party.
f.    The owner’s entire and maximum liability under this Agreement shall be limited to the price paid for the content.
      
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. The owner reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
The owner undertakes no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.


8 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The owner does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
The owner does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time the owner may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchant-ability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall the owner, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These terms of service are effective unless and until terminated by either you or us. You may terminate these terms of service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
This Agreement is effective until it is terminated. You can terminate this Agreement by destroying or deleting the image(s)/texture(s)/files(s), along with any copies or archives of it and ceasing to use the image(s)/texture(s)/files(s) for any purpose.
If in the owner’s sole judgment you fail, or the owner suspects that you have failed, to comply with any term or provision of these terms of service, the owner also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

10 - ENTIRE AGREEMENT
The failure of the owner to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision.
These terms of service and any policies or operating rules posted by the owner on this site or in respect to the service constitutes the entire agreement and understanding between you and the owner and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms of service).
Any ambiguities in the interpretation of these terms of service shall not be construed against the drafting party.