Regulations

Terms and Conditions and Licensing Agreement of the gamestextures.com of 1 August 2013


I.                        Definitions

gamestextures.com – an Internet service website available at gamestextures.com publishing digital graphic materials, working on “download whenever needed” principle, hereinafter referred to as ‘the website’.

User – an adult natural person, an underage natural person with consent of his/her legal guardian, or an agent of a corporate entity, who registered on the website.

FREE account- a free account, the registered user who has started such an account has the right to download an owner-set amount of MB each 24-hour period and to use the buffer.

Paid account – user, who has purchased a subscription, possesses a paid account that allows him/her to download a larger number of MBs each 24-hour period, than in case of a FREE account. The limit of data volume depends on type of the account. The owner of a paid account can use selected functions: buffer, bookmarks, IP list. After expiry of the subscribed period, the paid account will be turned back into a FREE account.

Buffer – a function enabling selected materials to be placed in a buffer and then browsed and downloaded.

Bookmarks – a function of the paid account, enabling to save selected materials in personal bookmarks, and share them with other users of the website.

IP List – a function of the paid account, enabling to connect the website users with subscriptions. The owner of the subscription services can make them available to other users, independent from their place of stay. The owners of the subscription service, can, in the My zone section of the website, add IP addresses of their own or of other people. Other website users, who will login onto the website from such a previously added IP address, will be connected with this prescription and use its download limit. The users connected with these prescription services have no access to the details of the owner of the prescription services.

 

II.                        Introduction

1.       These terms and conditions set the rules for using www.gamestextures.com website. Acceptance of all of the terms of conditions forms a prerequisite for using the website. By opening an account the user declares that he/she has read all the terms and conditions and accepts them unconditionally. By using the website the user confirms, that he/she has read these terms and conditions.

2.       The owner and the entity responsible for the www.gamestextures.com website is Textures Design sp z o.o., registered in the Corporate Register of the Regional Court for the Capital City of Warsaw, XIII Commercial Department of the State Court Register, under the KRS number 0000417923, NIP [VAT No.] 1132855093, with the corporate seat in Warsaw (04-078), at ul. Garibaldiego 4/59.

 

III.                        Registration and rules for using the website

1.       The contents and functions of the website can be accessed by every natural and legal person, who accomplishes the registration process and accepts the full reading of Terms and Conditions and license agreement.

2.       The website registration is the proper filling of an online-for available at www.gamestextures.com, and FREE account activation, through link sent to an e-mail address indicated in the form.

3.       During the registration process the User obliges him/herself to provide up-to-date and true data, and their update, shall any changes apply.

4.       A Registered Website User has the right to:

a). possess one personal FREE account on the website,
b). change his/her details
c). delete the account

5.       The user has the right to delete his/her account contacting Website owner with use of contact form. The deletion of the account ends the Agreement with the Website.

6.       A positive completion of the registration process means concluding an agreement to use selected contents and features of the Website, according to the chosen package and recommended web browser applications.

7.       The recommended browsers, that the website works correctly with are:

a). IE 10, IE 11
b). FF 29.x, 30.x
c). Chrome 35.x
d). Opera 22.x

8.       The owner of the website bears no responsibility for the results of unauthorized use of User passwords, regardless of the mode of the acquisition of such a password.

9.       The Website offers paid accounts with larger MB limits per 24h, when compared with FREE accounts, and additional selected features of a given type of a paid account, i.e.: personal bookmarks or IP List.

10.    The list of currently available paid account types is available at www.gamestextures.com.

11.    The types of accounts presented on www.gamestextures.com and the price list may be subject to change, subject to 30-day notice period, and are not a business offer in the meaning of such included in the Polish Civil Code.

12.    In order to establish a paid account one shall first register on the website and then purchase a subscription.

13.    The subscription can be paid for through the pay-pal system, or electronic transfer with means of a credit card or bank transfer. The transactions with use of credit cards and electronic bank transfers are facilitated with use of the pay-pal system.

14.    Users who have paid their subscriptions with use of pay-pal system will gain access to the resources of the system within no more than 24 hours (one working day), from the registration of the payment in the IT system. During weekends this term is extended to 48 hours at most.

15.    Users who have paid their subscriptions with use of bank transfer will gain access to the resources of the system within no more than 48 hours (two working days), from the reception of the transfer on the account of the Website Owner. During weekends this term is extended to 56 hours at most.

16.    The downloading of the website contents with use of special software or scripts, enabling the download of the whole content of website, is hereby forbidden.

17.    It is forbidden to publish unprocessed contents of the website and the materials downloaded there from, without the agency of the website.

18.    Downloading the contents of the website for purposes other than work of a computer graphics specialist is forbidden.

19.    Disturbing the work of the website and attempts at gaining unauthorized access thereto are forbidden.

20.    It is forbidden to create multiple FREE accounts for one registered user.

21.    The website is authorized to create links to user bookmarks in order to display them or make available to other users.

22.    Owner of a paid account with an IP list, has the right to (but not limited to):

a.       Add IP addresses

b.      Delete IP addresses

c.       Delete users of the subscription services made available to a given IP address.

23.    The owner of a paid account who adds an IP address, consents for his subscription service to be connected with other users of the website, who are logging in from a given IP address.

24.    In case of breach of these Terms and Conditions, in particular through mass-downloads or disruption of the website functions, the User Account can be blocked temporarily, permanently or deleted. Such a locking or deletion can be applied to all User Accounts.

25.     In case of unwanted activities, interfering with the functioning of the website, but not included in these Terms and Conditions, the owner of the website reserves the right to block an account of the user, without prior notice.

26.    The owner of the website shall use best reasonable efforts to secure the highest quality of services.

27.    The Owner bears no responsibility for improper functioning of services, especially on older version of web browser software.

28.     The User uses the services of the website on his own responsibility. Short-term, up to three working days, downtimes in service supply or other errors cannot form the basis for any claims against the owner of the website.

29.    The owner of the website limits the extent of technical support to the proper functioning of the services and does not give any information or advice, regarding creation and administration of websites.

 

IV.                        Terms and Conditions of the License Agreement.

1.       The gamestextures.com website publishes digital materials (textures and tiles).

2.       All of the materials are the property of Textures Design sp. z o.o. and subject to copyright regulations.

3.       Materials that originated from pictures made in public domain may contain graphic materials, such as logos or trademarks that are subject to rights of third parties. Their use may be prohibited.

4.       The website can be used both for private and commercial purposes.

5.       The materials downloaded from the website cannot be:

a). sold and published in unaltered form.

b). used in graphic projects for mass-customers, such as clipart, website motives,

 photo album covers, laptop and phone covers, business cards or e-cards;

c). sold and published in web stores and photograph services;

d). sold and published in form of ‘print on order’ service  – e.g. on mugs or t-shirts;

e). stored as local texture library;

f). published as open source materials.

6.       Users wishing to use the materials downloaded from the website in the manner described in p. 5b above, shall contact the owner of the website.

7.       In case of sale or publishing of models produced with use of materials downloaded from the website, the model documentation shall include the following information:

8.       "One or more textures of this 3D model were created with use of the materials from the gamestextures.com website. These images cannot be published separately. For more information visit www.gamestextures.com”.

 

V.                        Personal data and privacy policy

1.       The website owner is an administrator of personal data, according to the regulations in place in the Republic of Poland, including, but not limited to, the 29 August 1997 personal data protection act, and the 18 July 2002 electronic services act.

2.       The user consents to the processing of his/her data provided during the registration process. The owner, acting as an administrator, processes the data according to these Terms and Conditions and binding regulations in place in the Republic of Poland, including, but not limited to, the 29 August 1997 personal data protection act, and the 18 July 2002 electronic services act. The database of personal data of users is subject to legal protection.

3.       For purpose of service provision and agreement administration (e.g. payments) the personal details can be forwarded to parties cooperating with the website. The website can use this information in connection with other registers, in scope necessary for keeping customer register.

4.       In respecting the privacy of particulars of his cooperators the website does not forward personal details of its users or visitors. All information provided by buyers will be used solely for the purpose of finishing the transaction, provision of products and solving problems reported by users.

5.       In connection with use of services the user can be notified about our services, administrative communications and other information. The user may choose not to receive some of this information.

6.       The website uses the services of outside advertisement companies (Google Adsense) to display ads during visits to our website. These companies can use information (with the exclusion of identification data such as name, surname, address, e-mail address or phone number) about website visits in order to display ads of goods and services that may be of interest of a particular user. For more information about this, please visit: http://www.google.com/policies/technologies/ads/

7.       The website uses information stored with use of cookies and similar technologies for advertisement and statistical purposes, and also to adjust the website to the individual needs of its users. They may also be used by the parties advertising within the website. By registering the user expresses his/her consent to use Cookies and to store them in the cache of his browser. The settings tab of your browser allows you to change settings of cookie files.

8.       The cookie files can be deactivated or completely turned off on our website or the websites of our ad-placers in the settings tab of your Internet browser, or by choosing an appropriate option of your firewall software. Switching cookies off can  mean, that you will not be able to use the full range of website options.

 

VI.                        Complaints

1.      All complaints are to be reported with use of contact form available at www.texturesdesign.com/kontakt.

 

VII.                        Remaining provisions

1.       These Terms and Conditions are Winding from the date of their publishing and are available at  www.gamestextures.com\regulamin

2.       The owner shall be entitled to transfer his rights and obligations arising from the agreement to another party, which will fulfill the obligations towards the users.

3.       The website reserves the right to change the provisions of these Terms and Conditions at any given moment, by informing the website users about the date of last revision in the header of the Terms and Conditions and on the website that is used to log the users onto the service. In particular cases the users may be notified with a prompt that will be displayed once they log on to their Account. Any User that shall find such changes to these Terms and Conditions unacceptable has the rights to resolve the agreement within 30 days of such a change in Terms and Conditions.

4.       These Terms and Conditions and the License Agreement are concurring with the law of Poland.

5.       All disputes arising from these Terms and Conditions or the relations between the parties shall be first settled through agreement of parties or consensual negotiations. Shall such an agreement prove impossible, each of the parties has the right to bring the matter to the relevant court of law in Poland.