Goodtextures ("Goodtextures," "we" or "us") is honoured to provide you with access to the Goodtextures platform, which allows a user ("User" or "you") to upload, download, and/or publish 2D files on the Goodtextures website. All elements of the Goodtextures platform are referred to herein as the "Services," and may be modified from time to time at our sole discretion.
1. Membership. You do not have to be a member of the Site to enjoy some of the features of the Site. In particular, the Site users who are not members may view all of the content on the Site as long as they comply with our standards of conduct. However, members receive additional benefits, subject to our standards of conduct. We may change the benefits, features and levels of membership from time-to-time by sending you an email or by posting the changes on the Site. Our provision of the above benefits to you, including the services we provide on the Site, are collectively the “Services”. Goodtextures may use third parties to provide some or all of the Services. The Services may be provided using servers and other equipment located in London, the United Kingdom.
2. Account. A Goodtextures account is required in order to take full advantage of the Services. The account can be created directly by filling out the appropriate form, or via third-party website accounts such as Twitter, Google or Facebook. You agree to provide only accurate and true information in connection with the creation of your account, and to update your information as necessary so it remains accurate and current. You may not transfer your account to any third party. You are responsible for keeping your account login information confidential and for any and all activities that occur under your account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or other breach of security on the Services. You will have the ability to pick an available usernames to link to your account. Please note that Goodtextures retains the right at any time to deactivate, reallocate or rename your username at its sole discretion. In the event of the deactivation, reallocation or renaming of your username all your User Content and Services shall continue to remain associated with your account, subject to the terms of this Agreement.
3. Access. You may only access the Services through the interface provided on the Site. Also, you may only use the Services for your own purposes, and you must not resell, transfer or otherwise provide any of the Services to any third party.
4. Minors. THE SERVICES ARE NOT INTENDED FOR CHILDREN UNDER 13, and persons under the age of 13 are prohibited from registering with or using the Services. You represent and warrant that you are more than 18 years of age or, if you are above 13 and below 18 years of age, you are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
5. Generally. By using the Services, you will encounter "Goodtextures Content," which includes all of the images, text, information, data, graphics and other material included on or otherwise made available through the Services, excluding User Content. "User Content" includes all the 2D images, and related content, as well as User comments, uploaded by Users, that make up the Services. Except as otherwise set forth in this Agreement, we do not claim ownership over any User Content.
6. Service and Content License. We grant you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Services as they are provided to you by us, only as set forth in this Agreement. Except as expressly permitted in this Agreement, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any portion of the Services for any purpose without express prior written permission from us or the applicable rights holder. Any commercial exploitation of the Services or Goodtextures Services without express prior written permission from us or the applicable rights holder is strictly prohibited.
During the operation of the Services, Users may upload certain User Content including 2D images. You remain the owner of your User Content at all times, and Goodtextures does not claim any ownership rights in your User Content. User Content is otherwise subject to the following provisions.
8. User Content License. By using the Services, you grant Goodtextures a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable right and license to use and adapt the User Content for the purposes of developing, distributing, providing, improving, and promoting the Services. In addition, Users may make User Content available to other users for download. The User is solely responsible for choosing the appropriate option, if any, under which the Content is available for download.
9. User Representations. By submitting User Content, you represent and warrant that (i) you own or otherwise control all of the rights to your User Content, (ii) the use of your User Content does not violate this Agreement or the law, and will not violate any rights of or cause injury to any person or entity, and (iii) your User Content will not violate the additional content restrictions set forth in Section 5 of this Agreement.
10. User Feedback. We appreciate your feedback and suggestions about our Services, but you agree that any feedback or suggestions submitted to us about the Services are entirely voluntary and that we will be free to use any such feedback or suggestions as we see fit and without any obligation to you.
11. Right to Monitor or Remove. You agree that you bear all risks associated with your User Content. You are solely responsible for safeguarding your User Content, and Goodtextures has no duty to store copies of User Content for future availability to you or any user except as otherwise provided under this Agreement. Goodtextures does not permit the infringement of intellectual property rights on the Services, and will remove User Content from the Services if properly notified that such User Content infringes on another's intellectual property rights. We reserve the right to remove User Content from the Services, in whole or in part, without prior notice, for any reason or for no reason at all. We also reserve the right to decide whether User Content is appropriate and complies with this Agreement for violations other than violations of intellectual property law.
It is important to us that the Services be used safely, and in accordance with the law, for the enjoyment of all Users. You agree that you will not use the Services to:
12.a Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services, Goodtextures Content, and User Content except as permitted by this Agreement;
12.b Promote any illegal activity, or advocate, promote or assist any unlawful act;
12.d Transmit any material or content that is pornographic, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal;
12.e Transmit any material or content that is inappropriate for families or otherwise suitable only for adults;
12.f Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
12.g Transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group;
12.h Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
12.i Transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods;
12.j Use the services in a manner that (a) is likely to interrupt, suspend, slow down or hinder the continuity of the Services, (b) constitutes an intrusion or attempt to break into the Services or Goodtextures's computer or networking systems, (c) will divert of the Services' system resources, (d) may place a disproportionate load on the infrastructure of the Services, and (e) constitutes an attack on security and authentication measures of the Services or Goodtextures's computer or networking systems.
12.k Intrude into a third party's computer system, engage in any activity that may damage, control, interfere with or intercept all or part of a third party's computer system and violate its integrity or security, or otherwise transmit any materials or content that is harmful for third party information systems (including but not limited to viruses, worms, Trojans);
12.l Otherwise use the Services for purposes other than those for which they were designed.
You agree to inform Goodtextures promptly about any legal complaint, claim or action related to the User Content you have uploaded using the Services.
13. Contests. We may provide contests on the Site. If we do, they will be governed by rules we impose upon contestants. If you participate in a contest, you must comply with the rules of that contest. If there is a conflict between this agreement and the rules of a contest, the rules of the contest will govern with respect to that contest.
14. Links from the Site. The sites that are linked from the Site are not under our control, and we do not assume any responsibility or liability for any communications or materials available at those linked sites, or personal information collected about you from those sites. You may be charged fees to access or use the linked sites; these fees are not covered by any fees you pay to Ballistiq. All links are provided for your convenience only; they are not an endorsement or referral by us.
15. Links to the Site. You must not link to the Site or any content on the Site except as explicitly permitted by this section or our policies. Your permission to link to the Site is expressly conditioned upon your compliance with the following restrictions:
(a) the link must comply with the Site’s other policies regarding content;
(b) the link and surrounding materials must not deliver any the Site content in a framed environment, or alter the layout, content, look, or feel of the the Site content;
(c) the link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and the Site; and
(d) the link and surrounding materials must not portray the Site or its services in a false, misleading, derogatory, defamatory or otherwise offensive manner.
16. Modifications. From time to time, Goodtextures may add new features to the Site and the Services, remove existing features from the Site and the Services, or otherwise modify the Site and the Services (including their functionality, “look-and-feel”, universal resource locators and software components).
17. Termination. Without prejudice to any of our rights at law or equity, Goodtextures may terminate your access to the Site and the Services with no prior notice if you fail to comply with any obligation in this Agreement, or if any of your representations or warranties is or becomes untrue. Goodtextures may also terminate or suspend any or all of the Services at any time without prior notice.
18. Termination by you. You may terminate your Site account at any time. Termination of your account is your only remedy with respect to any dispute with the Site, including disputes relating to
(a) this agreement or our enforcement of it;
(b) the Site, the Goodtextures Content, the Goodtextures Tools or the Services.
DISCLAIMER OF WARRANTIES. Goodtextures undertakes to provide the Services diligently and professionally, and otherwise makes no representations or warranties of any kind regarding the Services or the Goodtextures Content. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. GOODTEXTURES EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SERVICES, WEBSITE AND THE GOODTEXTURES CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES, WEBSITE OR THE GOODTEXTURES CONTENT; AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES, WEBSITE OR THE GOODTEXTURES CONTENT. No advice or information obtained by you from Goodtextures or otherwise through the Services, will create any warranty not expressly stated herein.
LIMITATION OF LIABILITY. GOODTEXTURES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR FROM ANY INFORMATION, GOODTEXTURES CONTENT, DESIGNS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Indemnity. You agree to indemnify and hold Goodtextures and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys' fees) assessed or incurred by Goodtextures directly or indirectly, with respect to or arising out of: (i) your failure to comply with this Agreement; (ii) your breach of your obligations under this Agreement; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; (iv) your violation of any third party right, including without limitation any intellectual property, right of publicity, or privacy right; and/or (v) any claim that any of your User Content caused damage to a third party.