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TRU Textures Ltd User License


TERMS AND CONDITIONS
License agreement ("User License") between TRU Textures Ltd and you, the user or customer.
Purchase and usage of content from this website and associated stores is conditional upon your agreement to the terms and conditions set out below. If you do not agree to these terms, you must not purchase, download, access or otherwise use any content from TRU Textures Ltd.
The Licensor (TRU Textures Ltd) reserves the right to amend, change, and update this license agreement at any time and without prior notice.
Please do refer back to this license page from time to time. Continued use of content made available from TRU Textures Ltd will constitute your acceptance of any license changes.


LICENSE
TRU Textures Ltd is a co-operative group of digital artists offering content for purchase for private and commercial use to game developers, special effects artists, graphic designers and other professions. The content sold is royalty free and non-exclusive. This means you are not subject to additional payment or royalty fees upon acceptance and purchase of this license and its associated content.
This license applies to all textures, meshes, models, materials, wording, phrases and logos/trade marks in association with TRU Textures Ltd. Upon purchasing/downloading textures you are by default agreeing to this license.
You, the customer, are purchasing the legal right to use the content in accordance with this license, not the content itself. You do not become the legal owner of any content you download from the TRU Textures Ltd website and/or purchase from the official associated stores and franchises. The intellectual rights of content displayed on this website remains the property of TRU Textures Ltd and the registered merchants before, during and after any purchase and/or download.
Please note, you are not licensed to use content originating from TRU Textures Ltd unless you have purchased said content (and by default obtained the legal right to use it) directly from any of our official stores/websites.
For accounting purposes, we hold records of all purchases made from this website, our Second Life in-world store and other official third party websites and franchise outlets.
If in doubt, please ask, we are happy to assist you in obtaining the correct license for textures you may hold in your inventory but are unable to recall where or how you obtained it. We understand people often obtain TRU textures from unofficial sources and usually in innocence or ignorance. Our aim is not to “point fingers and punish” but to ensure people are confident the content they are using is licensed for such use and to prevent unnecessary DMCA administration.
We would much prefer to spend our time creating content and helping customers than filing DMCA Take Down Notices if it can be avoided.


CONDITIONS OF USE - Second Life License
Use of the Textures/content is only allowed under the following conditions:
Textures purchased by Linden Dollar and delivered within the virtual world of Secondlife.com are licensed for use within Secondlife.com only.
·       You may sell and transfer anything you create using textures from TRU Textures Ltd. You may sell anything you create using the content but not the content in its original format. For example, you may not redistribute textures "as" texture files.  This would be seen as an act of direct competition and in breach of our User License.
·       You may save TRU textures to one computer in order to modify/edit for personal and commercial content creations within the Second Life environment. This includes clothing design, building and prim/mesh/model creation.  You may also sell anything you create using the modified textures but not the modified content in its native format. Example: You may not redistribute modified/edited textures "as" textures. This would be seen as an act of direct competition and in breach of our User License.
You are NOT permitted to:
·       You cannot distribute, sell, giveaway, or share content from TRU Textures Ltd,  in or outside of Secondlife.com
·       This includes: in world stores (from any online platform) in world vendors, 3rd party websites and platforms, burning to CD or DVDs, sharing on your own blog/website, third party websites, torrent or P2P websites, sharing with group members, friends or customers, sharing in "Texture Sharing Groups" within secondlife.com and other third party platforms.
·       You cannot export or extract content out of Secondlife.com as texture files (or applied to pre made builds/meshes) using applications such as SecondInventory or other "texture exporting software" You cannot save to your computer to modify to any degree with the sole intention of reselling or redistributing the textures. This license does not allow modification of our artwork for distribution purposes alone.
·       As of the 6th Oct 2010 the Terms Of Service for Secondlife.com was amended to include the following:

7. CONTENT LICENSES AND INTELLECTUAL PROPERTY RIGHTS

7.8 You agree to respect the Intellectual Property Rights of other users, Linden Lab, and third parties.
 {You agree that you will not copy, transfer, or distribute outside the Service any Content that contains any Linden In-World Content, in whole or in part or in modified or unmodified form, except as allowed by the Snapshot and Machinima Policy, or that infringes or violates any Intellectual Property Rights of Linden Lab, other Content Providers, or any third parties.}
By breaching our User License you would also, by default, be breaching the secondlife.com TOS and as such your Secondlife.com account may be suspended or banned.
Full documentation can be found at: http://secondlife.com/corporate/tos.php#tos7


CONDITIONS OF USE - Extended License
Use of the content under the Professional License is only allowed under the following conditions:
·       Private or commercial use
·       Use in virtual worlds
·       Use of Scrap Book creation were artwork is to be printed on physical goods such as gift cards, greeting cards, calendars and photo frames (and any other "physical" or printed content)
·       Use in magazines, books and advertising publications and all other printed media. This includes commercial usage.
·       Use in movies
·       Incorporation in computer games, 3D models where the original content is not packaged separately or as part of the end product. (Your end user must not have direct access to any of content originating from TRU Textures Ltd)
·       Creation of 3D models/meshes (Your end user must not have direct access to any modified or unmodified textures originating from TRU Textures Ltd)
·       Use in educational establishments for training and teaching of graphic design and related digital art or design classes.
You Are NOT permitted to:
·       Sell or distribute any textures in their original or edited format, or where the derived product you are selling or distributing is a Texture or a collection of Textures.
        To Clarify: You cannot sell or distribute any texture (Modified or not) by itself or in a texture pack, collection, clipart or digital scrap booking packs. Furthermore, you cannot bundle TRU Textures with software such as paint programs, 3D programs, photo-kiosk software etc without wriiten permission. (
Please contact us for use within any promotional campaigns you feel may be mutually benefitial)

·       Release the content or derivative content under Open Source Licenses

If you are still unsure or have further questions, please refer to the FAQ tab at the top of this website.

SALES
Due to the nature of the product, we cannot give refunds for purchases of digital goods. Please take time in evaluating a product from this website before purchasing.

Faults and errors will be investigated and a replacement offered were content is proven to be fautly or sold "not as described"

PRIVACY

TRU Textures Ltd respects the privacy of the personal information of the individuals with whom we interact. TRU Textures Ltd does not disclose personal information of our members or those individuals who visit our website. No newsletters or offers will be sent to you without your prior consent. Any information submitted by the buyer will be used solely for the purpose of completing the transaction, delivering the product and addressing any customer service issues. Your personal information will at no time be disclosed to third parties for any reason. The exception to this rule is when certain governing authorities such as the Digital Millennium Copyright Act (DMCA) issue demands for the release of such information following potential court orders.


LIMITATION OF LIABILITY
TRU Textures Ltd. shall not be liable for any damages, direct, indirect, punitive, special, consequential, incidental, or any exemplary damages from your use of the website and the material included within. This includes without limitation the following: Loss of Business, Revenue, Profits, Goodwill, Use, Data, Electronically Transmitted Orders, Any Other Economic Advantage, Interruption, Information, Loss of data or any other pecuniary loss in connection with any claim, loss, action, suit, damage or other proceeding arising under or out of this License, including without limitation your use of, reliance upon, access to or exploitation of the TRU Textures Ltd website, the materials or any part thereof, or any rights granted to you hereunder. This applies even if TRU Textures Ltd have been advised, or could have seen the possibility of damage.
You assume all risk and responsibility for using the website, its content and information, whether the action is based on contract, tort (including negligence), and infringement of intellectual property rights or otherwise. At no point now or in the future does TRU Textures Ltd warrant or represent that the website or content available for download shall be free of viruses or other harmful features and therefore TRU Textures Ltd will not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may damage and infect your computer equipment or other property on account of your access to, use of, or browsing on this Web site or the downloading of any of the materials from the TRU Textures Ltd website.


INDEMNIFICATION
You agree to indemnify and hold TRU Textures Ltd harmless against all claims or liability asserted against TRU Textures Ltd arising out of or in connection with any breach by you or anyone acting on your behalf of any of this License.


GENERAL
This website is controlled, operated, and administered by TRU Textures Ltd and registered in the United Kingdom.
By accessing this website, you acknowledge and agree that all matters relating to access to or use of this website shall be governed by the laws of the United Kingdom and international laws and treaties. You also consent that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction of the courts, venues and situs of the United Kingdom and international laws and treaties (when applicable) and acknowledge that you do so voluntarily.

DMCA (Digital Millennium Copyright Act )

Please contact the designated copyright agent, Ms E Gallagher at trusupport@texturesrus.net in relation to copyright matters. Thank you.