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AssetFactory Terms of Service
Last Updated: 15 July , 2017

1. Defined Terms : The following terms are defined for this Terms of Service (“TOS”):
1.1 “Content” means the textures, materials, 3d models, animation , documentation, sfx,
software and related resources offered by AssetFactory .
1.2 “Software” means the computer code (in source and object form) which is owned by
AssetFactory and which provides tools for access to and use of the Content.
1.3 “Service” means the Software and Content.
1.4 “Subscription Period” means the period of time during which Licensee is granted access
to the Service, and if Licensee chooses, at its sole option to renew this License, additional
Subscription Periods will last for an equal amount of time from the date of renewal.
2. Your Acceptance of Terms :
2.1 The following TOS are between you (the end user of this Service, individual or
employee) and AssetFactory and constitute a legal agreement that governs your use of the
Service. You must agree to these TOS before you can use the Service. If you do not agree
to any of the following terms, please do not use the Service. You should print or otherwise
save a copy of these TOS for your records. "AssetFactory " as used herein means
AssetFactory.
2.2 By accepting these TOS you represent that you understand and agree to the foregoing.
3. Software and Content License:
3.1 The Hobby License is for single individuals doing non-commercial work and grants
usage rights for a single individual only. The Freelancer License is for single self-employed
individuals doing commercial work and grants usage rights for a single individual only. The
Studio License are for entities generating more than $100,000 per year in revenue. The Indie
License is for entities generating less than $100,000 per year in revenue and employing a
maximum of 10 artists, entities that generate more than $100,000 per year in revenue can
still use the Indie License employing with a maximum of 10 artists. The Studio License,
Freelance License, Academic License, Hobby License and Indie Team License all grant
usage rights for a single entity, and does not grant usage rights for affiliate companies,
outsourcing partners, subsidiaries and/or entities that share the name but not the location of
the parent entity. Notwithstanding anything to the contrary in this Agreement, Licensee
subcontractors working on location of Licensee is granted usage rights.
3.2 The email address supplied when purchasing the Service will be used for all official
communication with AssetFactory . The same email address will be used to create an
account to access the Service.
3.3 Any assets and/or documentation downloaded and locally archived by Licensee during
the Subscription Period are allowed to be used locally and perpetually on any number of
projects. Licensee of the Freelancer License, Studio License, and Indie Team License is
granted full commercial usage rights with a perpetual commercial License for each asset.
Each asset can be used by any artist engaged by Licensee on any project (current and
future), an unlimited number of times. Licensee of the Hobby License is granted
non-commercial usage rights with a perpetual non-commercial License for each asset.
3.4 This License does not permit Licensee to (1) copy, modify, create a derivative work of,
reverse engineer, decompile, or otherwise attempt to discover the source code (unless
expressly permitted or required by law), sell, lease, subLicense, grant a security interest in or
otherwise transfer any right in the Software, or (2) use any kind of malware or script to obtain
assets or compromise the security of the AssetFactory site, attempt to access unauthorized
material or information, bundle any AssetFactory assets with any other tools or services, in
edited or unedited form, subject the AssetFactory servers to an unreasonable load, or
release any of the AssetFactory assets under any open source License.
3.5 As part of the Service, the Licensee may from time to time receive updates to the
AssetFactory Service from AssetFactory . These updates may include additional asset, bug
fixes, feature additions and entirely new versions of the Content.
3.6 Licensee agrees that it will not use the Service to: engage in any copyright infringement
or other intellectual property infringement, or disclose any trade secret or confidential
information in violation of a confidentiality, employment, or nondisclosure agreement; post,
send, transmit or otherwise make available any unsolicited or unauthorized email messages,
advertising, promotional materials, junk mail, spam, or chain letters, including, without
limitation, bulk commercial advertising and informational announcements; plan or engage in
any illegal activity.
3.7 Licensee agrees that it may not share unmodified source AssetFactory assets with
external parties including but not limited to outsourcers, freelancers, clients and online
resources. Licensee may only share assets made with AssetFactory to external parties
provided that Licensee has been granted full commercial usage rights of the Service and
that the data is in a reasonably modified state and that the external party 1) works on the
same project, or 2) holds an active License to AssetFactory.
4. Fees:
4.1 The License grants the Licensee a set number of download points during the
Subscription Period, and a royalty free, non-exclusive, perpetual License to any downloaded
assets on an unlimited number of current and future projects. Asset pricing is set at a
minimum of 1 point per asset up to 10 points. The License includes regular asset library
additions.
4.2 Upon consumption of all points during the Subscription Period, the Licensee may
purchase additional points to the account via a “Top Up” process.
4.3 Failure to renew the Subscription Period by Licensee will, along with deactivating access
to the Service. The AssetFactory Bridge software may continue be used commercially and
perpetually.
5. Payment:
5.1 A receipt will be provided to the email address associated with the account of Licensee
upon purchasing the Service.
5.2 When you provide a payment source to us, you confirm that you are permitted to use
that payment source. You also authorize our designated payment processor to collect and
store it, along with other related transaction information. When you make a payment, you
authorize our designated payment processor to charge the full amount, specified in the
invoice of currency US Dollars, to the payment source you designate for the transaction.
5.3 For recurring Subscriptions paid through a credit/debit card, each year that you use such
Subscription(s), you agree and reaffirm that our designated payment processor is authorized
to charge your credit card for the Subscription fee. You agree to notify AssetFactory
promptly of any changes to your credit card account number, its expiration date and/or your
billing address, and you agree to notify AssetFactory promptly if your credit card expires or is
canceled for any reason. If you pay by credit or debit card we may obtain a pre-approval
from the issuer of the card for an amount up to the amount of the purchase. We will bill your
card at the time of purchase or shortly thereafter. If you cancel a transaction before
completion, that pre-approval may result in your funds not otherwise being immediately
available. AssetFactory may cancel any transaction if the transaction is believed to violate
these terms of service, or it is believed doing so may prevent financial loss.
6. Ownership:
6.1 AssetFactory owns all legal right, title and interest in and to the Service, including any
and all intellectual property rights that exist therein, whether registered or not, and wherever
in the world they may exist. Licensee further agrees that the Service (including the Content,
or any other part thereof) contains proprietary and confidential information that is protected
by applicable intellectual property and other laws.
6.2 Licensee owns all legal rights in any software or content it develops, including software
or content which is derivative of or uses in any other way the Service. All rights, title and
interest, intellectual property and exclusive exploitation rights to content produced by
Licensee using the Service, are in Licensee's full ownership, on a worldwide basis and for
the duration of the rights (including extensions, reversions, revivals and renewals of the
same and thereafter, to the fullest extent possible, in perpetuity) in each country. Licensee
may provide parts of the Content to third parties as part of Licensee's providing services and/
or content to such third parties, and the third parties shall be free to use the
Licensee-developed content (which may include elements of the Content) without any
limitation or obligation whatsoever to AssetFactory.
7. Warranties:
7.1 AssetFactory warrants that it holds all intellectual property and other rights to the
Service, and that the exercise of the rights granted to Licensee under this Agreement do not
violate the rights of any third party.
7.2 AssetFactory warrants that the Content (including Future Content) will be without
watermarks or other impediments to the uses contemplated under this Agreement.
7.3 You understand and acknowledge that the Service is made available on an “AS IS”
basis. Except for the warranties expressly stated in this agreement, AssetFactory disclaims
all warranties of the Service, expressed or implied. AssetFactory does not guarantee or
warrant that any Licensee content you may store or access through the Service will not be
subject to inadvertent damage, corruption or loss. The Service may contain errors or
inaccuracies that could cause failures, corruption or loss of data and/or information from your
device and from peripherals (including, without limitation, servers and computers) connected
thereto. LICENSEE ASSUMES ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR
USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY BACK-UP
EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS,
AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In
addition, AssetFactory is not obligated to provide any maintenance, technical or other
support for the Service.
8 Changes to Service or Agreement:
8.1 AssetFactory may update or change these TOS over time. You understand and agree
that your continued use of the Service constitutes your acceptance of the unrevised TOS
originally agreed upon.
8.2 AssetFactory reserves the right to modify or suspend the Service (or any part thereof) at
any time or from time to time, with or without prior notice to you. Without limiting the
foregoing, AssetFactory may provide notice of any such changes to the Service by posting
them on its websites, online discussion groups and/or via the Service. You agree that
AssetFactory shall not be liable to you or any third party for any modification or cessation of
the Service. You acknowledge that AssetFactory has no express or implied obligation to
provide, or continue to provide, the Service, or any part thereof, now or in the future.
8.3 AssetFactory shall not be liable to you or any third party for any modification or cessation
of the Service. You acknowledge that AssetFactory has no express or implied obligation to
provide, or continue to provide, the Service, or any part thereof, now or in the future.
9 Other Matters:
9.1 AssetFactory shall provide reasonable access to the Content via the internet and/or such
password mechanisms as AssetFactory may reasonably employ.
9.2 You agree that in the absence of a separate written agreement to the contrary,
AssetFactory is not obligated to provide any maintenance, technical or other support for the
Service.
9.3 As part of using the Service, AssetFactory will provide you with the opportunity to submit
comments, suggestions, or other feedback regarding your use of the Service. You agree that
AssetFactory will be free to use any feedback you provide for any purpose.
9.4 In case of a breach of this Agreement, AssetFactory agrees that money damages will be
a sufficient remedy and that no injunction may be obtained in regard to Licensee or its
clients.
Privacy Policy
Last Updated: July 01, 2017
AssetFactory will only collect and use your personal information in order to make Bridge
better, faster, and more convenient for you. We will never disclose your personal information
without your explicit consent.
As AssetFactory evolves, this privacy policy is likely to evolve with it. We will not reduce your
rights under this policy without your explicit consent. We will post any policy changes on this
page and, if the changes are significant, we will provide a more prominent notice.
Refund Policy
Last Updated: July 01, 2017
AssetFactory will offer a refund for any points that not used successfully by the customer.
We do not offer refunds, customers needs to know what they are buying. Subscriptions
expire monthly or annually and can be cancelled at anytime to ensure they are not charged
again the next month. Please contact customer support at support[at]AssetFactory .com for
extraordinary situations.
QUESTIONS?