Viralmation/Rapid 3D Graphics End User License Agreement

Here's The Deal...

These products are licensed to you so you can enjoy them pretty much hassle free. You can use them in PLR videos you create, as an example, as long as they are part of any work with substantial value added by you. You can use the products to make videos to upload on the internet, for your membership sites, in sales, tutorial, educational, entertainment, whatever videos you want to make.

What you are not allowed to do is to resell them as is, steal them, upload them to torrent sites, give them away, or generally do something unethical with them.

The reason they are sold on a no-refund basis is they are software related items that once you have downloaded can't be returned. I stand by the quality of these products and no one to date has had any cause to legitimately ask for a refund. If you have any problems with downloading them, I'm here to help. If for some reason something goes haywire, I'm here to help you solve the problem. In other words I want your business and I want you to be a happy customer. What I don't want is people who habitually buy things and ask for refunds to purchase these products. If that's you I want you to know that I'm also doing this to protect my customers who pay for these products and deserve the exclusivity they have paid for.

Now, having said that, if you feel you need to read all the lawyer verbage below that is put in place to deal with scoundrals go right ahead. I want you to feel comfortable buying these products, and I want you to feel that you've gotten such a good deal you'll buy my other products either now or in the future. Thanks for taking the time to read this and I hope you will purchase and enjoy these products. That's why I made them for you.

TERMS AND CONDITIONS

1. The License: This is a license, not a sale. The use of the term "Purchase" on the Viralmation website relates to you purchasing a License from Viralmation/Rapid 3D Graphics for the purpose of using the product(s) in a manner that is consistant with the License. Viralmation/Rapid 3D Graphics continues to own all content, graphics, video clips, and images ("Royalty Free Files"). Subject to your acceptance of the terms of this agreement ("License Agreement") Viralmation/Rapid 3D Graphics hereby grants to you a non-exclusive, non-transferable, worldwide right to use the Royalty Free video clip(s), or image(s) ("Royalty Free Files") as follows: You may use the Royalty Free Files for virtually all your digital and video projects, including personal, commercial, educational, multimedia, and the internet, as long as the Royalty Free Files have been incorporated into any work with substantial value added by you. Thus, you could incorporate the Royalty Free Files in promotional materials, web pages, digital products you make for clients, and electronic publication/syndication such as YouTube, et al.

2. Limitations: The Royalty Free Files may not be sold as stand alone clips/stock footage, or included in any other media/stock product, library, or collection for distribution or resale. Nor may you claim any proprietary rights of any sort to the Royalty Free Files, or any part thereof. You may not make available some or all of the Royalty Free Files on a web page or other display as a separate or downloadable reuseable file, or disassemble, decompile, reverse engineer, translate, or otherwise decode the Royalty Free Files for any reason whatsoever. However, reformatting the Royalty Free Files for the explicit purpose of incorporating the correct digital format into your projects is permitted.

3. Fees and Payments: In exchange for your usage of Viralmation/Rapid 3D Graphics' Royalty Free Files as provided hereunder, you agree to pay to Viralmation/Rapid 3D Graphics a license fee in advance in the amount quoted at time of License purchase by Viralmation/Rapid 3D Graphics for each Royalty Free File(s) that you receive or download.

4. Copyright: Viralmation/Rapid 3D Graphics, retains all rights, title, and interest in and to the Royalty Free Files not expressly granted by the License Grant above. Such rights are protected by the United States and International Copyright laws and international treaty provisions. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this agreement.

5. No Warranty: All Viralmation/Rapid 3D Graphics Royalty Free Files are provided "as is". Viralmation/Rapid 3D Graphics makes no representation or warranty either express or implied including but not limited to any implied warranties of merchantability, fitness for any particular use, subjective quality of image, or compatibility with any computer hardware or other equipment, operating system or software program. Neither Viralmation/Rapid 3D Graphics nor any of its owners, affiliates, or agents shall be liable for any damages, whether direct, incidental, or consequential, or other damages arising out of the use of, or the inability to use, the Royalty Free Files.

6. Limitation of Liability: Under no circumstances will Viralmation/Rapid 3D Graphics be liable for any damages whatsoever including, without limitation, damages for loss arising out of the use of or inability to use the Royalty Free Files. The limit of liability shall be the fee paid for the Royalty Free Files to Viralmation/Rapid 3D Graphics.

7. Termination: The license contained in this Agreement will terminate automatically without notice from Viralmation/Rapid 3D Graphics if you fail to comply with any provision of the Agreement. Upon termination, you must immediately 1) stop using the Viralmation/Rapid 3D Graphics Royalty Free File(s) 2) delete the Viralmation/Rapid 3D Graphics Royalty Free File(s) and all copies from all magnetic and digital media, and destroy all other copies. Your indemnity and payment obligations and Viralmation/Rapid 3D Graphics’ rights in conjunction with those obligations shall survive any termination or expiration of this Agreement. The provisions of this paragraph are in addition to any other remedies and rights Viralmation/Rapid 3D Graphics may have as a result of any breach of this Agreement. Neither party will be entitled to damages as a result of termination of this Agreement as provided herein.

8. Integration: Viralmation/Rapid 3D Graphics reserves the right to pursue any claim or controversy relating to intellectual property rights, not by arbitration, but by a court located in the State of Virginia. In the event that either a court of competent jurisdiction directs us to go to court, or the matter involves copyright, you agree to fully reimburse Viralmation/Rapid 3D Graphics for its reasonable legal fees, costs, and disbursements if Viralmation/Rapid 3D Graphics is successful in the suit. Viralmation/Rapid 3D Graphics reserves the right to seek an injunction to prevent breach of your obligation to Viralmation/Rapid 3D Graphics' intellectual property rights.

9. General Provisions: If any provision of this Agreement is found illegal or unenforceable, the legality and enforceability of the other provisions of this Agreement will not be affected.

Any questions or concerns can be addressed to support@rapid3dgraphics.com

Please note: Viralmation/Rapid 3D Graphics Royalty Free Files are licensed on a No Refund basis. If you have problems regarding any of the files usability in regards to the files not working correctly as designed at the time of purchase due to technical issues Viralmation/Rapid 3D Graphics will provide a download link at Viralmation/Rapid 3D Graphics' sole discretion to replace the corrupted file(s). We want you to enjoy your purchase and will do our best to ensure we deliver the product in satisfactory condition.