Terms of Use - Site

Blender Market - Terms of Use

Hello!

The http://blendermarket.com ("BM") website (the "Site") is a web page operated by CG Cookie, Inc ("CGC"). http://blendermarket.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). 

Your use of http://blendermarket.com constitutes your agreement to all such Terms and related Customer Policy. Please read these terms carefully, and keep a copy of them for your reference.

The Blender Market (“BM”) is a platform created to allow you to purchase licenses of digital goods through an online store. The products on the BM are owned by the author(s) (“Creator(s)”), not by us. We will not take ownership of the products or obtain any rights to use the products, other than to promote and make available such products on BM.

CGC does not knowingly collect, either online or offline, personal information from persons under the age of sixteen. If you are under 18, you may use http://blendermarket.com only with permission of a parent or guardian.

To become a member of and use this website you must register and be at least 16 years of age. If you, your parent, or guardian has any concerns please feel free to contact us. Membership is free and required in order to buy products on this website, interact with Creator(s) of products, or publicly comment on products.

During the registration process, we will ask for information to help establish your account. You agree to provide accurate, current, and complete information. To understand how we use this information review BM's Privacy Policy.

CGC works very hard to keep the website online 24 hours a day, seven days a week, though there may be times the website will become unavailable. We will not be liable for any loss you suffer as a result of website outages.

When purchasing from the BM, you are purchasing a “grant of rights” or “license” to use the purchased product, not the actual product. Your use of such product must be in accordance with the licensed rights granted by the licensor of such purchased product. Different license types may be available for you to choose from when you purchase a product.

Understanding which license you purchased from the BM is very important and your sole responsibility. Please take the time to review the different licensing options available on our license page and review the terms below, prior to purchasing products through this website.

• The Creator(s) of any and all products retains ownership of such products;
• You’ve carefully reviewed the license option offered by the Creator(s) in connection with the product and agree it fits your usage scenario;
• There is no guarantee that the product will be available on the website forever, so it is encouraged for you to download such product and save it in a safe place;
• To use the product as intended and pursuant to the rights granted in the license agreement; and
• To not redistribute, resell, or share the products obtained from the BM to and/or with others. Unless authorized by the license purchased.

CGC works hard to ensure quality and to hold its Creator(s) responsible for their product. To review what Creators are agreeing to when supplying products to the BM, view their agreement.

You are responsible for paying all taxes, fees, and charges associated with your use of the BM and/or Network wherever levied (e.g., including, without limitation, withholding tax).

You are responsible for all costs of currency conversion you may incur from your financial institution. CGC has no control over such currency conversion.

CGC and/or the BM does not store any credit card information in our database. Credit card information is solely stored via a third-party (e.g., including, without limitation, to Stripe or PayPal).

As a condition of remaining active on BM, CGC requires that Creators provide a reasonable level of support for their products. Support is offered by support conversations and documentation available on each item's product page.  If you feel this is not being offered, contact [email protected].

We want to make sure that you, as a buyer, are happy with each and every purchase you make at the BM and/or on any website on the Network.  If you’re not happy, we are not happy!

If you purchase any product and it does not work, WE FIRST ASK YOU TO CONTACT THE CREATOR AT THE CREATOR’S SUPPORT PAGE AND ASK FOR THEIR HELP IN RESOLVING YOUR ISSUE. If, after contacting the Creator, the product still does not work, or you feel the Creator misrepresented the product, please feel free to contact us and let us know the product you would like refunded, along with a detailed description of the issues with the product. We will investigate, and if the product is found faulty or not working as described, it will be fixed, or a refund offered.

Our full refund policy may be viewed by clicking here. 

Note: Please, prior to contacting BM, first visit the Creator’s documentation page for the product in question and ask the Creator for support.

Refund contact: [email protected]

The Internet is full of humans from around the world and this is the most exciting aspect of it. CGC believes in and works hard to create a pleasant online community experience while you are using any of the websites in the Network. To help foster and contribute to a “pleasant online community,” there are some ground rules you agree to adhere to. They are as follows:

• Be courteous and respectful to the opinions and feelings of others. Use of this website is not an entitled right.
• Harassment of other members will not be tolerated and may result in the instant termination or suspension of your account at CGC’s sole discretion.
• Do not send any unsolicited or unauthorized: advertising, promotional materials, email, junk mail (e.g., spam), chain letters, or other forms of solicitation.
• Do not violate any applicable law, statute, and/or regulation.
• Impersonate or misrepresent your affiliation with any person or entity.
• Do not attempt to probe or attempt malicious attacks against CGC’s servers, infrastructure, and/or websites (including websites on the Network).

You grant us the right to look at and/or remove any of your content, at our sole discretion, for any reason we see fit. Reasons may include, without limitation: quality issues; DMCA takedown notices; content that is unauthorized, misleading, incorrect, offensive; breach of any third party rights (e.g., including, without limitation, rights of publicity); and/or, content on or use of the website or Network’s websites that may result in liability to CGC or anyone else.

CGC reserves the right to suspend and/or terminate your Account if, at CGC’s sole discretion, any information you provide turns out to be false, not current, or incomplete; or, it is found your actions on the website and/or the Network’s websites are deemed to be unlawful or violate the terms and conditions of this website.

BM is an exciting opportunity to enable yourself to create and potentially earn passive income through this website. To become a creator of this site you must be 16 years or older. You must also read and agree to our Creator Terms. If you are interested in becoming a creator,  fill out the application here.

CGC has a firm commitment to safeguarding your privacy. Please visit CGC’s Privacy Policy to review and understand how and what information is collected by CGC, BM, and the websites on the Network. The terms and conditions of CGC’s Privacy Policy are incorporated into and considered part of these terms and conditions.

For your convenience, we may provide links to various other third party websites (“Other Websites”) that may be of interest to you and for your convenience. However, CGC does not control or endorse such websites and is not responsible for: (i) their content; and/or (ii) the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. Please read the “terms and conditions” or “terms of use” policies of any other company or website you may link to from our website.

The Terms of Use provided herein applies only to: the BM, and the products and services CGC offers. If you decide to access Other Websites linked to from this website and/or from the Network of websites, you do so at your own risk.

CGC disclaims all warranties, express and/or implied, as to the accuracy, validity, and legality or otherwise of any materials and/or information contained on Other Websites.

Content such as site designs, trademarks, logos, copyrights in and to this website and the Network’s websites are the property of CG Cookie, Inc.; all rights reserved.

For the avoidance of doubt, CGC does not own and is not liable for the products uploaded by Creators on this website and/or Network’s websites, unless created and uploading by CGC.

CGC respects the intellectual property rights of others and expects our Vendors and members to also respect such intellectual property rights. If you believe something on this website or the Network’s websites has infringed your intellectual property rights, please review our “DMCA Take Down Notice” procedures.

You agree to defend, indemnify, and hold CGC, its officers, subsidiaries, shareholders, agents, Creators, partners, and employees harmless from and against any and all claims, damages, costs, expenses or other harm of any kind, including attorneys' fees, due to or arising from or related to your use of this website and/or the Network’s websites, your use of products, your default under any provision of the terms and conditions herein, your violation of any laws and your violation of any rights of another person. CGC has no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these terms and conditions herein or the website and/or Network’s websites.

CGC AND/OR ITS CREATORS MAKE NO REPRESENTATION ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE WEBSITE AND/OR NETWORK’S WEBSITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CGC AND/OR ITS CREATORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

IN NO EVENT SHALL CGC AND/OR CREATORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE AND/OR NETWORK’S WEBSITES, WITH THE DELAY OR INABILITY TO USE THE WEBSITE AND/OR NETWORK’S WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OF FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE AND/OR NETWORK’S WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE AND/OR NETWORK’S WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CGC AND/OR CREATORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE AND/OR NETWORK’S WEBSITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND/OR NETWORK OF WEBSITES.

CGC reserves the right to amend these terms and conditions from time to time at CGC’s sole and absolute discretion. If you continue to use the website and/or Network’s websites and the services offered therein after any such changes, you will be deemed to have accepted those changes.

You and CGC agree that any dispute, claim or controversy arising out of or relating in any way to the website and/or Network’s website or your use thereof, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and CGC are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of your use of the website and/or Network’s websites. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (the "AAA Rules") and as administered by the AAA.

YOU AND CGC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, the arbitrator shall not consolidate any other person's claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.

Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

You and CGC agree that this Agreement involves interstate commerce and is subject to the Federal Arbitration Act. You and CGC further agree that applicable laws of the State of Illinois shall exclusively govern any dispute without regard to choice or conflicts of law rules. The sole and exclusive venue for the resolution of any dispute, whether or not subject to mandatory arbitration as described above, shall lie in the County of Cook, in the State of Illinois.

As a condition of your use of the website, and/or Network’s websites you represent and warrant to CGC that you will not use the website and/or Network’s websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the website and/or Network’s websites in any manner that could damage, disable, overburden, or impair the website and/or Network’s websites, or interfere with any other party’s use and enjoyment of the website and/or Network’s website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website and/or Network’s websites.

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by the terms and conditions hereunder. CGC may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of the terms and conditions hereunder will not constitute a waiver of the right or provision. CGC’s failure to act with respect to a breach by you or others does not waive CGC’s right to act with respect to subsequent or similar breaches.

If any part of the terms and conditions hereunder are held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of he original provision and the remainder of the terms and conditions herein will continue in effect.

The terms and conditions herein constitute the entire agreement between you and CGC with respect to products purchased on the website and/or Network’s website, and supersedes all other communications, written or oral, with regard to the products purchased or use of the website and/or Network’s websites.

E-mail: [email protected]

CG Cookie, Inc.

25 N. River Lane, STE 10

Geneva, IL 60134