Thank you very much for interested in us!

We will answer you in few hours.

TERMS AND CONDITIONS

> IMPORTANT INFORMATION

You should carefully read the following Terms and Conditions. Your purchase or use of our products implies that you have read and accepted these Terms and Conditions.

> LICENSE

Our STORE grants you three possible types of license to use the packaging designs and other products sold through our website by independent content providers in accordance with these Terms and Conditions issued by our company, as follows:

1) Royalty Free License.

2) Editorial Royalty Free License.

3) Developers License.

You may be granted a "Developers License". This type of license guarantees that you are the last person to buy this Stock Media Product (for example, packaging design). After the Developers purchase occurs, the Stock Media Product is permanently removed from the WaldemarArt STORE sales directory and is never available to other customers again. The Developer's License is the same as Royalty Free except various things such as with the "Developers License" you can redistribute or resell a Stock Media Product after purchase.

> Editorial Royalty Free License

License Grant for Transmission of Content from Seller to Member For any transmission of Content from a Seller to another Member, whether the transmission was the result of a license or free download, the following terms apply unless more restrictive terms are specified in the area provided by WaldemarArt STORE for custom license terms:

1. Ownership

Unless explicitly provided for in custom license terms set forth in the area provided by WaldemarArt STORE and which must be subject to acceptance by Member before or at the point of sale, the Seller retains, subject to any license agreement between the Seller and WaldemarArt STORE, copyright in Content purchased or downloaded by any Member via WaldemarArt STORE. In using the WaldemarArt STORE systems and Website, you agree that any additional EULA, license, custom license, or Seller requirements inserted into Seller products in any area outside that explicitly provided by WaldemarArt STORE are invalid, void ab initio, and without effect as they relate to those purchases.

2. Valid License

Any license rights relating to Content For Sale via WaldemarArt STORE are contingent upon the transfer of money from the Member to the Seller. All license rights terminate immediately and without notice if a sale is reversed for any reason.

3. Rights Granted.

Subject to the editorial restrictions set forth below, the Seller grants to the Member who either purchases license rights to Content via a Valid Sale, or downloads freely available Content submitted by the Seller, a non-exclusive, worldwide, license in any medium now known or hereinafter invented to: (a) reproduce, post, promote, license, sell, publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes; (b) use any trademarks, service marks or trade names incorporated in the Content in connection with Seller material; and (c) use the name and likeness of any individuals represented in the Content only in connection with Your material. The Member license to Content in this paragraph is limited to Incorporated Content. Such use or republication, including sale or distribution of Content that is not Incorporated Content is prohibited. For illustration, approved distribution or use of Content as Incorporated Content includes, but is not limited to:

(i) As rendered still or moving images; distributed as part of a feature film, broadcast, stock photography (as limited by 4(b)), or stock video that contain multiple elements such that the Content is a minority part of the overall composition.
ii) As purchased by a game's creators as part of a game if the Content is contained inside a proprietary format and displays inside the game during play, but not for users to re-package as goods distributed or sold inside a virtual world.
iii) As Content published within a book, poster, t-shirt or other item.
iv) As part of a physical object such as a toy, doll, or model.

Member understands and agrees that certain Content may contain third party copyrighted or trademarked material and will require additional licensing, permissions, releases, or rights clearance for any non-editorial use.  Member and their legal advisors should consider this and obtain such rights, if necessary, before purchasing, downloading or using any Content.

Special restrictions for editorial Content

In addition to the restrictions above, certain Content is marked "editorial" and has additional license restrictions.  Members may only use Content marked "editorial" for legitimate, editorial purposes on some issue of journalistic, editorial, cultural or otherwise newsworthy value. Editorial uses include use of the Content in a news program, news-related website, or news-related video media. These restrictions do not apply if you otherwise have all the intellectual property rights necessary for your intended use (such as a company purchasing its own products, authorized advertising agencies, or licensees). The burden is on each user to confirm it has any rights outside of the editorial restrictions.

Notwithstanding anything to the contrary herein, Member understands and agrees that editorial Content likely contains third-party intellectual property.  Such third-party intellectual property is not licensed by WaldemarArt STORE or the Seller.  WaldemarArt STORE and the Seller are not affiliated with these third-parties in any way and the use of editorial content is strictly limited as set forth herein and by WaldemarArt STORE's editorial policies.

4. Rights Not Granted.

Absent a written grant of rights greater than that contained in paragraph 3 above, all other rights or sub-divisions of rights generally included in copyright are excluded from this license and remain the property of Seller. Member understands and agrees that Member is prohibited from:

(a)  resale or redistribution by the Member of any Content obtained from WaldemarArt STORE, whether For Sale or freely available for download, whether part of a Valid Sale or not, unless it is used as Incorporated Content as licensed above; 

(b)  selling, distributing, or licensing, whether For Sale or freely available for download, any static imagery which features Content as stock photography, or collection thereof, through an online stock photography/stock content clearinghouse website;

(c)  any other distribution that would require a written grant of rights greater than that contained in paragraph 3 above.  Member understands that all other rights or sub-divisions of rights generally included in copyright are excluded from this license and remain the property of Seller.

5. Returned Content.

In the event a Member returns any Content, whether acquired by Valid Sale or freely available for download, all license rights granted herein terminate and the Member must immediately destroy any and all copies contained on any type of media under the control or possession of the Member.
 

Items that contain digital versions of real products, trademarks or other intellectual property owned by others have not been property released. These Items are licensed on the basis of editorial use only. It is your responsibility to consider whether your use of these Items requires a clearance and if so, to obtain that clearance from the intellectual property rights owner.

> Royalty Free License

This is a legally binding agreement between licensee (“you”), and WaldemarArt STORE regarding your rights to use Stock Media Products from the Site under this license. “You” refers to the purchasing entity, whether that is a natural person who must be at least 18 years of age, or a corporate entity. The rights granted in this agreement are granted to the purchasing entity, its parent company, and its majority owned affiliates on a “royalty free” basis, which means that after a Purchase, there are no future royalties or payments that are required. Collectively, these rights are considered “extended uses”, and are granted to you, subject to applicable Editorial Use Restrictions described below. The license granted is wholly transferable to other parties so long it is in force and not terminated, otherwise violated, or extinguished, as set forth herein. 

I. Introduction & Definitions

II. License Rights

III. License Term and Termination

IV. Warranties

V. Limitation of Liability

VI. Other Terms

I. Introduction & Definitions

This agreement is intended to be easy to understand, and to provide clarity for using Stock Media Products in the work you create (“Creations”). Over the years, WaldemarArt STORE has been asked many questions about how Stock Media Products may be used in Creations, and we have attempted to answer those questions in this agreement.

Some words in this agreement are given specific meanings. Words that appear initially in quotations, such as “you” and “Creations”, are defined in the text preceding the word. Other capitalized words are defined below:

“Stock Media Product” is the collection of one or more digital files, packaged in the form of a product on the Site that can be identified by a product ID, and that is uploaded by you, or otherwise made available to you, for Purchase on the Site. A Stock Media Product may include 3D models, texture maps, motion captures, photographs, imagery, application and plug-in software, materials and shaders, shapes and vector graphics, training materials, building components, sound effects, stock music, and videos. Additionally, a Stock Media Product may include a number of individual files of different file formats to make it easier for Customers to work in a variety of software applications (such as 3ds Max, Maya, and Cinema 4D), and may also include other files (such as jpeg images used for texturing), and images or other files that are used for promotional purposes. For Customers and their use in Creations, this definition also includes derivative and intermediary files used for that purpose.

"Site" refers to the WaldemarArt STORE websites, API’s, software applications or any approved means or utility either currently in existence or in the future; the software and source code used by WaldemarArt STORE to provide such services; user interface layouts, designs, images, text, knowledgebase articles, program offers; site information provided in reports (such as popular keyword searches); and all other intellectual property protected under copyright, trademark, patent, publicity, or any other proprietary right.

“Purchase” is the acquisition of a Stock Media Product by you from the Site under this agreement, whether as a purchase of Stock Media Product made available at a price of greater than $0, or a download of Stock Media Product made available at no charge.

“WaldemarArt STORE” includes WaldemarArt STORE and all licensed affiliates and partners that distribute Stock Media Products on behalf of WaldemarArt STORE

“Product Page” is the product page or interface that displays Stock Media Products available for Purchase on the Site.

“Computer Game” is a type of Creation that includes digital games, computer-based games, handheld electronic games, mobile games, online games, social games, game mods, and console-based games.

“Imagery” is a Creation made of any single image or sequence of images.

“Intellectual Property” means, copyright, trademark, trade secret, right of publicity, or any other proprietary right throughout the world.

To make reading this agreement easier and less repetitive, the following constructions are used:

“Include,” including,” and “such as” are considered to be followed with “but not limited to.” Examples are used in this agreement to illustrate, rather than limit, the scope of the terms.

“The following restrictions”, “the foregoing restrictions”, and “subject to the restrictions” are considered to be followed with “in addition to all other restrictions applicable within this agreement.”

II. License Rights

1. Ownership. WaldemarArt STORE does not grant title or ownership in Stock Media Products. All rights in Stock Media Products not expressly granted in this agreement are reserved by WaldemarArt STORE for itself and its licensors.

2. Rights Granted. For Stock Media Products, WaldemarArt STORE grants to you a non-exclusive, perpetual, worldwide right and license to copy, distribute, reproduce, adapt, publicly display, publicly perform, digitally perform, transmit, broadcast, telecast, advertise, create derivative works, and market Stock Media Products within Creations in the uses authorized in this agreement. You may request authorization for a use not covered by this agreement (“New Use”) by writing contact[at]waldemar-art.com. WaldemarArt STORE is authorized to approve a New Use if WaldemarArt STORE finds in its sole judgment that the New Use is substantially similar to another established use in this agreement, and authorizes the New Use in writing.

3. Rights Granted When Sharing Stock Media Products. If you Purchase as an employee of a corporate entity,sharing Purchased Stock Media Products with other employees of your corporate entity is allowed. Examples of allowed sharing include storing files on a networked hard drive, and aggregating Stock Media Products for later use in future Creations. You are responsible for any downstream distribution, use, or misuse by a recipient of a shared Stock Media Product.In all cases, sharing Stock Media Products with external people or entities is only allowed in the following situations, and with the following restrictions:

a. In the production of a Creation owned by you, if you are working in collaboration with external parties, and there is a need to share Stock Media Products for the development and production of your Creation, sharing Stock Media Products with those external parties is allowed. Any external party that receives Stock Media Products may only use Stock Media Products on your Creations and must take reasonable care to secure and limit access to Stock Media Products to that purpose.

b. In the production of a Creation owned by another entity (“your Client”), if you are working as a contractor and need to share Stock Media Products with your Client, or any external parties working with your Client, sharing Stock Media Products is allowed, subject to the restriction that all parties may use Stock Media Products only for your Client’s particular Creation, and for successive versions of your Client’s Creation, such as sequel Computer Games or movies that utilize the same 3D models. All parties must take reasonable care to secure and limit access to Stock Media Products to the parties working on your Client’s Creation. For all other use by any party, Stock Media Products must be Purchased again to create a new license agreement governing that use.

4. Editorial Use Restriction for Some Stock Media Products. The following restrictions apply to any Stock Media Product affixed with an “Editorial” notice on its Product Page. The Editorial notice is one way to alert you that certain subject matter depicted by Stock Media Products, such as a manufactured product under a brand name, may be protected by another party’s Intellectual Property rights (“Other-Party Intellectual Property”). Permitted use of Other-Party Intellectual Property in Stock Media Products is limited to news reporting in Creations of some cultural, editorial, journalistic, or otherwise newsworthy value, and includes news reporting on television and the internet. This restriction does not apply if you have the needed authorization to use the Other-Party Intellectual Property for your Creation, such as if you are the Intellectual Property owner yourself, or an Intellectual Property owner’s advertising team, hired party, or licensee purchasing that company’s product.

5. Other-Party Intellectual Property. WaldemarArt STORE does not own or license any Other-Party Intellectual Property. WaldemarArt STORE does not in any way make any representations or warranties about Other-Party Intellectual Property associated with Stock Media Products. You are solely responsible for determining the need for and, if appropriate, obtaining any needed Other-Party clearance, consent, or release to use any Other-Party Intellectual Property in your Creations.

6. Creations of Imagery.

Permitted Uses of Creations of Imagery. Subject to the following restrictions, you may use Creations of Imagery within news, film, movies, television programs, video projects, multi-media projects, theatrical display, software user interfaces; architectural renderings, Computer Games, virtual worlds, simulation and training environments; corporate communications, marketing collateral, tradeshow promotional items, booth decorations and presentations; pre-visualizations, product prototyping and research; mobile, web, print, television, and billboard advertising; online and electronic publications of blogs, literature, social media, and email campaigns; website designs and layouts, desktop and mobile wallpapers, screensavers, toolbar skins; books, magazines, posters, greeting cards; apparel items, brochures, framed or printed artwork, household items, office items, lenticular prints, product packaging and manufactured products.

Restrictions on Permitted Uses of Creations of Imagery.

a. Stock Media Clearinghouse. You may NOT publish or distribute Creations of Imagery through another stock media clearinghouse, for example as part of an online marketplace for photography, clip art, mockups, 3d scenes, 3d models, or design templates.

b. Promotional Images. Images displayed for the promotion of Stock Media Products, such as preview images on the Stock Media Product’s Product Page (“Promotional Images”), may be used in Creations of Imagery, provided that the Stock Media Product itself has been Purchased and subject to the following restrictions:

i. You may NOT use a Promotional Image that has any added element which is not included as part of the Stock Media Product. An example of this type of restricted use is if the Stock Media Product contains a 3D model of an airplane, and there is a Promotional Image of that airplane rendered over a blue sky; however, the blue sky image is not included as part of the Stock Media Product. Other prohibited examples include use of Promotional Images from movies or advertisements that may have used Stock Media Product.

ii. You may NOT use any Promotional Image that has a logo, mark, watermark, attribution, copyright or other notice superimposed on the image without prior approval from WaldemarArt STORE Support.

c. Business Logos. You may NOT use Imagery in any Creation that is a trademark, servicemark, or business logo. This restriction is included because the owners of these types of Creations typically seek exclusivity on the use of the imagery in their Creation, which is incompatible with the non-exclusive license granted to you under this agreement.

7. Creations of Computer Games and Software

Permitted Uses in Creations of Computer Games and Software. Subject to the following restrictions, you may include Stock Media Products in Creations of Computer Games, virtual worlds, simulation and training environments; mobile, desktop and web applications; and interactive electronic publications of literature such as e-books and electronic textbooks.

Restrictions on Permitted Uses of Stock Media Products in Creations of Games and Software.

a. Interactivity. Your inclusion of Stock Media Products within any such Creation is limited to uses where Stock Media Product is required to produce an interactive experience for the user. Such a permitted example of this use would be to include a 3D model of human anatomy in a medical training application, in a way that the 3D model may be manipulated or interacted with, and also where Imagery would not reasonably suffice for the intended use.

b. Access to Stock Media Products. You must take all reasonable and industry standard measures to prevent other parties from gaining access to Stock Media Products. Stock Media Products must be contained in proprietary formats so that they cannot be opened or imported in a publicly available software application or framework, or extracted without reverse engineering. You may NOT publish or distribute Stock Media Products in any open format, or format encrypted with decryptable open standards (such as WebGL or an encrypted compression archive).

c. Open Systems. You may NOT include Stock Media Products in Creations that have the general functionality for importing and/or exporting Stock Media Products. An example of such a prohibited use is to include Stock Media Products as a starter library within a Creation that allows users to generally work with 3D models, even if the Stock Media Product itself is somehow protected and is not capable of being exported. Instead, the users of such a software application may Purchase Stock Media Products directly from the Site.

d. Virtual Good Sales. You may NOT import, upload, reproduce, make available, publish, transmit, distribute, or sublicense Stock Media Products in Creations of virtual goods or worlds for any 3D community (“Virtual World”), unless you or your Client owns the Virtual World platform and it complies with the foregoing restrictions.

8. Creations of Physical Form.

Permitted Uses in Creations of Physical Form . Subject to the following restrictions, you may use Stock Media Products to make physical Creations such as 3D printed works, articles of manufacture, custom vehicles, furniture, jewelry, sculptural artwork, toys, and physical entertainment goods (“Creations of Physical Form”).

Restrictions on Permitted Uses in Creations of Physical Form .

a. Substantially Similar Creations. Permitted use of any Creation of Physical Form in which a Stock Media Product is untransformed or substantially similar to the Stock Media Product, is limited to personal use, gifts, or charitable donations, with a maximum of 5 instances of such Creation per Purchase; unless the Stock Media Product is a small part of a much larger array of other physical objects in the Creation. For example, if you are creating a real-world, physical human skeleton for manufacture for sale, it is permitted to add a 3D printed human head that exactly resembles the Purchased Stock Media Product, but it is not permitted to sell the 3D printed head by itself. Another permitted example of a Stock Media Product being a small part of a larger array is using a 3D model that ends up within an automobile as a part of the automobile.

b. No Other-Party Intellectual Property. You may NOT reproduce Other-Party Intellectual Property in any Creation of Physical Form for any purpose.

9. 3D Industry Promotional Use. If WaldemarArt STORE has granted you, as a hardware or software partner, access to priced Stock Media Products on a free-of-charge basis, your use of Stock Media Products is restricted to internal testing for your 3D software or hardware products, and to the promotion of your software or hardware products with Creations of Imagery provided that an attribution of the artist’s name and the Site are included. You agree that should any Stock Media Products be used outside of these purposes in ways that are normally allowed after a Purchase, that you will promptly Purchase the Stock Media Products and otherwise comply with the terms herein.

10. Unauthorized Use. If you use Stock Media Products in an unauthorized way, WaldemarArt STORE may terminate your account and pursue other penalties, damages, losses, and profits WaldemarArt STORE is entitled to under this agreement or at law or equity. The following are unauthorized uses that are explicitly prohibited:

a. Competition. You may NOT use Stock Media Products in a way that competes with the Site or the Stock Media Products themselves.

b. Re-Distribution. You may NOT re-distribute, publish, or make Stock Media Products available to any third party except in the form of a permitted Creation, or shared as authorized in this agreement.

c. Group Buying. You may NOT aggregate funds to Purchase Stock Media Products with one or more other parties. An example of this prohibited use is a website membership where members pool their money to make a single Purchase that is shared by the members of the group. Each such member must Purchase individually.

d. Stock Media Product Clearinghouses. You may NOT publish, distribute, or make Stock Media Products available through any online clearinghouse infrastructure.

e. No Obscene or Unlawful Use. You may NOT use Stock Media Products for any defamatory, harassing, pornographic, obscene, or racist purpose, or to infringe any party’s Intellectual Property rights.

f. False Attribution. You may NOT misrepresent yourself as the creator of Stock Media Products.

III. License Term and Termination

1. Term. Your right and license to Stock Media Products is perpetual, unless terminated as described herein.

2. Termination. Your license grant is terminated immediately and without notice in the cases below. In such termination, you and any recipients of Stock Media Products must cease use, distribution, and destroy all copies of Stock Media Products.

a. Reversal of Purchase. Your right and license to Stock Media Products are contingent on your Purchase of Stock Media Products. Any payment reversal of a Purchase for any reason immediately terminates all rights granted under this agreement. Potential Reasons for a payment reversal include:

i. WaldemarArt STORE reverses your Purchase at your request.

ii. WaldemarArt STORE receives a charge back notice from your bank or credit card cancelling your Purchase and withdrawing the funds used for your Purchase.

iii. WaldemarArt STORE determines in its sole discretion that your Purchase was fraudulent.

iv. Your purchase was made with a dishonored check.

v. Your purchase was made and there is a bank transfer failure.

vi. When you are granted delayed payment terms, and fail to make payments such that WaldemarArt STORE sends you notice and terminates your account.

b. Failure to Abide by the License Grant. Material failure to abide by the terms of this agreement immediately terminates your right and license to Stock Media Products. If you detect a violation of the license grant by you or any recipient of shared Stock Media Products, and promptly report the violation to contact[at]waldemar-art.com, WaldemarArt STORE will make a good faith effort to find an appropriate remedy to preserve your license grant.

IV. Warranties

You covenant, represent, and warrant to WaldemarArt STORE that:

1. You have full right, power, legal capacity, and authority to enter into and perform this agreement, have obtained any third-party consent needed to do so, and, prior to any Purchase, had an opportunity to seek independent legal counsel.

2. You will not use Stock Media Products except pursuant to the terms of this agreement. Should you use Stock Media Products in an unauthorized way, you agree to any reasonable fee or penalty exercised by WaldemarArt STORE under this agreement or applicable law.

3. You will, prior to Purchase, determine the need for and, if appropriate, obtain any needed third-party clearance, consent, or release to use Other-Party Intellectual Property shown in the digital rendering of Stock Media Products, and shall not use Stock Media Products to infringe any party’s Intellectual Property rights.

4. You will immediately notify WaldemarArt STORE of any Intellectual Property claim against your use of Stock Media Products or any other rights issue, before disclosing such issue to any third-party.

V. Limitation of Liability

1. Stock Media Products are provided on an “as is”, “as available”, and “with all faults” basis. WaldemarArt STORE makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, fitness for a particular purpose, non-infringement, merchantability, or cosmetic attributes of Stock Media Products, and does not guarantee the accuracy or completeness of specifications associated with Stock Media Products, including measurements, weight, durability, strength, materials, general physical properties, regulatory compliance, other engineering or construction attributes.

2. WaldemarArt STORE disclaims all express or implied conditions, representations, and warranties of any kind regarding Stock Media Products, including any implied warranty or condition of merchantability. WaldemarArt STORE allows your Purchase to be refunded under certain reasonable time frames and conditions.

3. You assume all risk for any damage to your computer systems and network for any damage to your computer system by obtaining Stock Media Products, including any damages resulting from computer viruses.

4. To the fullest extent permitted by law, WaldemarArt STORE shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with Stock Media Products, even if WaldemarArt STORE has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence). To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental, or consequential damages, portions of the preceding limitation or exclusion may not apply, but should be construed to the greatest extent applicable in such jurisdictions.

5. You agree to indemnify and hold WaldemarArt STORE and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, licensee, suppliers, alliance members, other partners, employees and representatives ("WaldemarArt STORE Parties") harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of your use of the Source Material or Creations.

VI. Other Terms

1. Entire Agreement. This agreement constitutes the entire agreement between you and WaldemarArt STORE relating to your Purchase, unless you have a corporate license agreement with WaldemarArt STORE. Corporate licenses are available with additional protections for additional fees. Please contact contact[at]waldemar-art.com if your organization requires a corporate license. WaldemarArt STORE does not otherwise offer any other changes, additions, variations, or additional signed forms related to this agreement. No modification to this agreement will be binding, unless in writing and signed by an authorized WaldemarArt STORE representative.

2. Material Breach. You agree that any material breach of these Terms will result in irreparable harm to WaldemarArt STORE for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, WaldemarArt STORE will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if WaldemarArt STORE seeks such an injunction.

3. Import/Export Regulations. Stock Media Products may be subject to the EU export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall with Stock Media Products: (a) obtain any export, re-export, or import authorizations required by EU or Your local laws; (b) not design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Stock Media Products to prohibited countries and entities identified in the EU export regulations.

4. Governing Law. This agreement is governed by Wegberg law, excluding conflict of law principles. Any action or proceeding arising out of or related to this agreement must be brought in a state or federal court located in Wegberg, and both parties irrevocably submit to the exclusive jurisdiction of such courts. All notices, requests and other communications under this agreement must be in writing (e-mail messages shall be deemed writings).

5. LIMITED INTERNAL USER ARBITRATION. You acknowledge and agree that WaldemarArt STORE may, in its sole discretion, arbitrate disputes between WaldemarArt STORE users involving Stock Media Products (including any purchaser or supplier of Stock Media Products), and such findings shall be final and non-appealable. Either party may request that WaldemarArt STORE arbitrate the dispute, or WaldemarArt STORE may elect, at its option, to arbitrate the dispute. After WaldemarArt STORE elects to arbitrate any dispute hereunder, WaldemarArt STORE will waive any rights to a commission from both the Purchase and arbitration, and the parties must keep the results and process confidential and may not disclose anything related to the dispute to any other party (whether by oral, written, or other type of disclosure). To resolve disputes, WaldemarArt STORE may decide to terminate or suspend users, revoke the license, offer replacement Stock Media Products, reestablish the licensee, or surrender or reallocate fees (whether by refund, charitable donation, or otherwise). WaldemarArt STORE may award up to 3X the Purchase price to either party depending on the circumstances. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT ACCEPTING THIS ARBITRATION PROVISION WAIVES RIGHTS TO JUDICIAL RESOLUTION, TRIAL BY JURY AND RIGHTS YOU WOULD OTHERWISE HAVE IF YOU HAD NOT AGREED TO THIS ARBITRATION PROVISION.

6. Notice. Any notice under this agreement shall be via email to contact[at]waldemar-art.com, provided that you receive an acknowledgement email from a WaldemarArt STORE representative within 5 business days. If no such acknowledgement email is received, notice must be in writing and delivered by mail to the following address.

7. Assignment. WaldemarArt STORE may not assign its rights under this agreement without providing you notice, except in the case of a bankruptcy, merger, acquisition, sale of all or substantially all of TurboSquid’s assets to a subsequent owner or operator, or similar event. You may not assign your rights under this agreement without the prior written consent of WaldemarArt STORE, which will not be unreasonably withheld.

8. English. This agreement may be translated into other languages, but English is the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.

This Royalty Free License is effective for use with Stock Media Products for use on or after Jun 10, 2015.
Items that contain digital versions of real products, trademarks or other intellectual property owned by others have not been property released. These Items are licensed on the basis of editorial use only. It is your responsibility to consider whether your use of these Items requires a clearance and if so, to obtain that clearance from the intellectual property rights owner.

> Refund and Return Policy

Here at WaldemarArt STORE, we encourage our artists to do the best job possible of presenting their products to the customers. If you have purchased a model or Mockup and you feel there is either a functional problem or a misrepresentation by the product's screenshots and description, we are dedicated to working with you to make the situation right. We are available 24 hours a day, 7 days a week to help you.

Before proceeding with your purchase, there are several things to consider:

  1. Be sure that the 3d model/psd mockup is compatible with your software. If you are not sure, please contact us so that an agent can assist you with purchasing the right 3d model/psd mockup for your needs.

  2. Be sure that you are purchasing the correct 3d model or PSD mockup. If you purchase and download a 3d model/psd mockup that has no functional problems with the formats provided by the artist, you will NOT be eligible for a refund. 

Customers are eligible for refunds when something is clearly wrong with a product or if the file contents and/or quality have been misrepresented by the artist. Customers are only eligible for a refund if we are notified within one day of purchase - please alert us immediately if you have a problem. Please keep in mind that we can only consider refunds on the file formats provided for sale by an artist.  If a refund is granted, you are legally bound to destroy all copies of the purchased files. We require that you sign a binding document stating that you no longer have the rights to use or keep any of the purchased files. We encourage you to contact Support prior to purchase if you have questions about an item you are considering for purchase. We are happy to provide you with as much information as possible to make sure you get the product that best suits your needs. We are available 24 hours a day, 7 days a week. All our 3D Models and Mockups are packed into .7z archives, so we don't make refunds if customer has download and unpacking issues: it may happen so that you are having problems while downloading the product or its unpacking. Or customer can't open or has been rejected to open .7z file (for example, customer does not have or doesn't want to install program that supports 7z file). Don't know how to open .7z file? - please read FAQ section on our Store menu. Also we don't make a refund if customer can't open files, such as: FBX, OBJ, C4D, JPG, TIFF, TIF, PSD, PDF, PNG; or file opens with some error, or customer has an old software that doesn't support these files. If you can't open some of these files, you may ask us about file convertion or read FAQ section of our Store.  Please note that we do not bear any responsibility and therefore we do not satisfy any refund/return/exchange requests based on incompatibility of our products with customer's software or third-party software (plug-ins, add-ons, modules, scripts, extensions etc) other than those which are specified as compatible in a description available on the preview page of each product. We don’t guarantee that our products are fully compatible with any software or third-party programs and we do not provide support for third-party applications.

> Editorial Use Information

WaldemarArt Store generally sells content under the Royalty Free License. This covers most content and most situations, and we have provided Frequently Asked Questions in many languages to help our customers.

WaldemarArt Store also provides an additional option for content only for Editorial Use. Our Editorial policy allows content to be posted for editorial purposes. News sources, including web pages, television, film, and other outlets have been part of the WaldemarArt Store community for years. This policy formalizes that relationship and allows the journalistic community we’ve been selling to (CNN, ABC News, CBS News, NBC News, USA Today, and hundreds more) access to even more of our artist community’s creative work. We also provide an FAQ on Editorial Use.

Rules for Customers:

Content published with the Editorial label may only be used in an editorial manner, relating to events that are newsworthy or of public interest, and may not be used for any commercial, promotional, advertising or merchandising use. However, in certain very limited instances, you may otherwise have the rights to IP in content that is labeled Editorial. For instance, you may be the advertising agency for a brand/IP owner or you may be the brand/IP owner itself purchasing content. If that is the case, you may use the Editorial content commercially, assuming you have the rights clearance through other means. But, you must have all the intellectual property rights necessary from the IP in the content and this is usually only the case for a brand/IP owner vendor or for a brand/IP owner itself. As a rule of thumb, if you wonder if you have these rights, you don’t. It is usually very clearly set forth in a contract. The burden and risk of confirming these rights is on each user individually if they move away from the Editorial Use restrictions. For everyone else, these Editorial restrictions include not using that material in the following ways:

  1. Products may not be used on any item/product for re-sale, such as a video game or t-shirt.
  2. Products may not be used as part of billboard, trade show or exhibit display.
  3. Products may not be used in any defamatory, libelous or otherwise unlawful manner whether directly or in context or juxtaposition with specific subject matter.
  4. The material may not be incorporated into a logo, trademark or service mark. For example, you can’t use Editorial content to create a logo design.
  5. The material may not be used for any commercial, non-news related purpose.

For example, the author has created a 3D model of a Audi car. The car is a real-world product which the author did not create. Although the author created and owns the 3D model, they don't own any intellectual property rights in the real car itself, Audi does. So it's OK to use the 3D model for editorial purposes but if you want to use that 3D model for other purposes, you'll need to contact Audi to get permission.