This document is a license agreement ("License") by Josh McCann between the user ("You") and Josh McCann. Use of the Textures/Surface scans/Materials and Photos on the JoshMcCann.art website or any other website where a license can be purchased is conditional upon your agreement to the terms and conditions of purchase set out below. If you do not agree to these terms, then you must not accept the terms hereof or purchase, download, access or otherwise use any products from Josh McCann
LICENCE
Josh McCann may offer textures/surface scans/photos/materials/models/tutorials /materials, models and tutorials on its website (JoshMcCann.art) or other websites for game developers, special effects artists, graphic designers and other professions.
The license granted for the use of the textures/surface scans/photos/materials/models/tutorials gives you no lawful right to submit, use or otherwise make available the textures in to other individuals or organizations. Use of the Textures/surface scans/photos/materials/models/tutorials in such manner will be an infringement of the intellectual property rights of Josh McCann. Josh McCann reserves its right to take action to prevent any such infringement.
INTELLECTUAL PROPERTY
All materials including the organization and presentation of these materials on the JoshMcCann.art website, or any other website, are the property of Josh McCann and are protected by intellectual property laws. Some textures may contain graphic materials like, logos or product names. The use of these kind of images is at your own discretion.
CONDITIONS OF USE
Use of the Textures/surface scans/photos/materials/models/tutorials is only allowed under the following conditions:
- Private or Business or Research and Development (depending on purchased license)
- Use in 2D or 3D computer graphics, movies and printed media
- Incorporation in computer games, 3D models
PERSONAL SINGLE USER LICENCE PARAMETERS
Purchasing a PERSONAL SINGLE USER LICENCE allows for the following:
- Use of the textures for personal projects, anatomical study or portfolio work
- 3D printing of the scan for personal use
- Use in any non-commercial personal project
- Use in your portfolio works
Purchasing a PERSONAL SINGLE USER LICENCEdoes not allow for the following:
- Resale of the textures or derivitive of the textures in any 2d/3d format
- Using the Textures/surface scans/photos/materials/models/tutorials or any derivative of the data within a commercial product or project (freelancer, employee etc..)
- Promotion of a commercial product or project
BUSINESS COMMERCIAL PROJECT LICENCE PARAMETERS
Purchasing a BUSINESS COMMERCIAL PROJECT LICENCE allows for the following ::
- Integration of Textures/surface scans/photos/materials/models/tutorials for sale commercial project such as video games / movies / virtual reality experiences.
Purchasing a commercial use licencedoes not allow for the following ::
- Resale of the raw data, for example selling our Textures/surface scans/photos/materials/models/tutorials or modified versions of our scans on your own shop or online marketplace.
A company must purchase under Commercial use Licence.
It is NOT in any cases permitted to:
- Sell or distribute any of these textures/surface scans/photos/materials/models/tutorials in an unmodified form, or where the derived product you are selling or distributing is a textures or a collection of textures. IN OTHER WORDS: Do not sell or distribute any of these textures (modified or not) by itself or in a texture pack, material, clip art, website theme or scrap booking pack.
- Use commercially or for profit a free download or giveaway product without expressed permission.
- Using a special program (spider, leecher) or script to automatically download all textures. Users who try to mass download will be banned from the website automatically.
- Interfere with the security or otherwise abuse, disrupt, place excessive loads on, or attempt to gain unauthorized access to the Josh McCann website or any system resources or networks connected to this website.
- Release the textures or derivative products under Open Source Licences
- Use any textures purchased form this shop commercial or non commercial licence to produce an online / offline anatomy / photography viewer.
- Use any textures purchased to work with Artificial intelligence tools and softwares (deep learning, neural network, data train.).
PRIVACY
Josh McCann respects the privacy of the personal information of the individuals with whom we interact. Josh McCann 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.
LIMITATION OF LIABILITY
You assume all responsibility and risk for the use of the JoshMcCann.art website, or any other website from which you can purchase a license.
Josh McCann does not represent or warrant that the site or any content available for downloading through the site will be free of viruses or similar contaminations of destructive features.
In no event shall Josh McCann or any of its affiliates, employees be liable for any incidental, indirect, punitive, exemplary or consequential damages whatsoever, including damages for loss of profits, interruption, loss of business 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 Josh McCann website, the materials or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damaged, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.
DISCOUNT AND OFFERS
Discounts and offers do NOT allow for reduced price or refund on previous orders, or new discount based on the current offers available on the website.
Discounts and offers always have a start and end date/time.
INDEMNIFICATION
You agree to indemnify and hold Josh McCann harmless against all claims or liability asserted against Josh McCann arising out of or in connection with any breach by you or anyone acting on your behalf of any of this License.
GENERAL
This License shall be governed by and construed in accordance with the laws of France, without regards to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in France.
REFUND OR EXCHANGE
We do NOT refund or exchange assets/orders except :
When Josh McCann's team did a mistake with a product (mis-match with an asset and his description, wrong files in a package, corrupted files.)
TERMINATION
Josh McCann reserves the right to terminate the license of the use of the materials if the user is found in breach of this License and does not remedy that breach within three (3) days of receiving notice from Josh McCann