TheSpace provides users with a licensable asset library of proprietary digital files and/or digital images, packaged in the form of a product which may include 3D models, texture maps, packages of hi- resolution downloadable renderings/images of different file formats, which may be licensed for various commercial uses.
TheSpace Site is offered and available to users who are 18 years of age or older. By using TheSpace Site, you represent and warrant that you are of legal age to form a binding contract with TheSpace Inc. and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use TheSpace Site.
Except as expressly licensed to you in these terms TheSpace Inc. retains all ownership, right, title, and interest in and to the services provided by TheSpace Inc. including the TheSpace Site and all Products.
If you use TheSpace Site or TheSpace Products in an unauthorized way, TheSpace Inc. may terminate your account or pursue other penalties, damages, losses, and profits to which TheSpace Inc. is entitled under this agreement or at law or equity.
The following uses of TheSpace Site are explicitly prohibited:
- Except as expressly licensed to you, using an in-line link, frame, or forging headers around or URLs, or otherwise repackaging TheSpace Site in any way for commercial purposes.
- Obscuring or removing any watermark, copyright, or other proprietary notice from TheSpace Site or TheSpace Products.
- Mining, hacking, probing, spidering, crawling, or scraping TheSpace Site or its Products, or similarly gathering or extracting data (whether manual or robotic), including by indexing, caching, or aggregation.
- Decompiling, reverse engineering, or making derivative works.
- Interfering (or engaging in any activity that may interfere) with any user’s experience.
- Circumventing any security measures or access restrictions.
- Using TheSpace Site for recruiting purposes or to contact TheSpace artists for any reason.
Accessing TheSpace Site and Account Security
We reserve the right to withdraw or amend TheSpace Site, and any content we provide on TheSpace Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of TheSpace Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of TheSpace Site.
You are responsible for both:
- Making all arrangements necessary for you to have access to TheSpace Site.
To access TheSpace Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the TheSpace Site that all the information you provide on TheSpace Site is correct, current, and complete.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to TheSpace Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
TheSpace Site Asset Library Licensing.
Order Acceptance and Cancellation. You agree that your order is an offer to license a TheSpace Product under these Terms. All orders must be accepted by us, or we will not be obligated to license TheSpace Product to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between TheSpace Inc. and you will not take place unless and until you have received your order confirmation email.
Prices and Payment Terms. All prices posted on TheSpace Site are subject to change without notice. The price charged for TheSpace Product license will be the price in effect at the time the order is placed and will be set out in your order confirmation email.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
TheSpace Product License. The valid purchase of a Product license entitles you to a limited, non-sublicensable, non-exclusive, revocable license to such Product to use for any lawful purpose. The digital files associated with such Product may be downloaded through the TheSpace Site upon a valid purchase and will be available to you for a second redownload for a limited time and all Products are not for resale.
Intellectual Property Rights
TheSpace Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the TheSpace, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Unless otherwise authorized through a valid purchase of a license, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on TheSpace Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not:
- Modify copies of any materials from TheSpace Site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from TheSpace Site.
TheSpace’s name, and all related names, logos, product and service names, designs and slogans are trademarks of the TheSpace or its affiliates or licensors. You must not use such marks without the prior written permission of the TheSpace. All other names, logos, product, and service names, designs and slogans on TheSpace Site are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate the TheSpace, a TheSpace employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of TheSpace Site, or which, as determined by us, may harm the TheSpace or users of TheSpace Site, or expose them to liability.
Additionally, you agree not to:
- Use TheSpace Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of TheSpace Site, including their ability to engage in real time activities through TheSpace Site.
- Use any robot, spider or other automatic device, process or means to access the TheSpace Site for any purpose, including monitoring or copying any of the material on TheSpace Site.
- Use any device, software or routine that interferes with the proper working of TheSpace Site.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of TheSpace Site, the server on which TheSpace Site is stored, or any server, computer or database connected to TheSpace Site.
- Attack TheSpace Site via a denial-of-service attack or a distributed denial-of- service attack.
- Otherwise attempt to interfere with the proper working of TheSpace Site.
TheSpace Site may contain profiles, review submissions, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit (hereinafter, "post") content or materials (collectively, "User Contributions") on or through TheSpace Site.
Any User Contribution you post to the site will be considered non-confidential and non- proprietary. By providing any User Contribution on TheSpace Site, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the TheSpace, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of TheSpace Site.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of TheSpace Site.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THESPACE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE THESPACE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THESPACE OR LAW ENFORCEMENT AUTHORITIES.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws, and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
If you believe that any User Contributions violate your copyright, please email notice at email@example.com. It is the policy of the TheSpace Inc. to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through TheSpace Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to TheSpace Site, or by anyone who may be informed of any of its contents.
TheSpace Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the TheSpace Site, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the
opinion of the TheSpace Inc. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on TheSpace Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on TheSpace Site may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to TheSpace Site
Links from the Website
If TheSpace Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to TheSpace Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or TheSpace Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of TheSpace Site or any services or items obtained through TheSpace Site or to your downloading of any material posted on it, or on any website linked to it.
Your use of TheSpace Site, its content and any services or items obtained through TheSpace Site is at your own risk. TheSpace Site, its content and any services or items obtained through TheSpace Site are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither TheSpace nor any person associated with TheSpace makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, merchantability, or availability of the TheSpace Site. Without limiting the foregoing, neither TheSpace nor anyone associated with TheSpace represents or warrants that TheSpace Site, its content or any services or items obtained through TheSpace Site will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that TheSpace Site or any services or items obtained through TheSpace Site will otherwise meet your needs or expectations.
TheSpace Inc. hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THESPACE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability