Table of Contents

Overview

Introduction

This section agrees on the terms of licenses about the “Product” between CGCircuit, the Buyer and the Seller.
Refer to the general terms for any other use of the Site.

Definitions

  1. Buyer. A Member who purchases Products from the Site or downloads Products that are free to download from the Site;
  2. CGCircuit – CGCircuit,LLC 
  3. Content – any material published at the Site including but not limited to wire files, models, textures, plugins, video games, video game modifications, motion files, collections, packages, materials, scripts, shapes, custom UI skins, tutorials, frequently asked questions, words, music, films, images, software, code and any other information.
  4. Incorporated Product – Product that cannot be extracted from an application or other product and used as stand-alone object without the use of reverse engineering tools or techniques. For avoidance of doubt, Incorporated Product is such use of a Product that does not allow further distribution of the Product outside of the application or product containing the Incorporated Product.
  5. Member – Any person who creates a user account at the Site.
  6. Product – Any Content uploaded by a Seller and/or Owner to the Product section of the Site and thus offered by the Seller to the potential Buyers for purchase or free download;
  7. Seller – a Member who acts as a taxable person and in the course of its economic activity uploads Products to the Product section of the Site and offers them for sale or free download.
  8. Site – cgcircuit.com website.
  9. Owner – Any person or entity deemed to be the sole and exclusive owner of all rights, title, and interest, including all copyright and proprietary rights relating to the “Product.”

General Terms of Licensing

Following the payment of any applicable license fee for Product, the Buyer acquires a license. Any license rights relating to the Product are contingent upon the transfer of money (except for the free Products) from the Buyer to CGCircuit. All license rights terminate immediately and without notice if a sale is reversed for any reason.

– Upon uploading the Product to the Site, the Seller shall indicate the terms of license, upon which a respective Product is licensed to the Buyer. If the Seller does not indicate any licensing conditions in his posting, terms of Royalty Free license shall be applicable.

– Certain Products with third party copyrighted or trademarked images, logos, brand names, etc., may require additional licensing, rights, permissions, releases, or clearance for use. It is the sole responsibility of the Buyer and their legal advisor to determine, before purchasing, downloading or using any Product, whether additional licensing, rights, permissions, releases, or clearance are necessary for the intended use of Product. It is the Buyer’s sole responsibility to obtain any licensing, rights, permissions, or clearance. Buyers should understand additional licensing, rights, permissions, releases, or clearance may be relevant for Product, if the intended use involves religious groups or affiliations, pharmaceuticals, health care, tobacco, liquor, adult entertainment, personal hygiene, birth control, or any other area that could be considered sensitive, offensive, or immoral.

– Buyers do not own any Product and are only licensed to use it in accordance with terms and conditions of the applicable license. Unless explicitly provided for in custom license terms set forth in the special area “Custom license terms” provided by CGCircuit in the Product description section of the site, the Seller retains copyright in Products purchased or downloaded by any Buyer.

– The license to use the Product is non-exclusive, non-transferable and is granted only to the original Buyer.

– Any Product, returned to CGCircuit and (or) the Seller in accordance with applicable law for whatever reason must be destroyed by the Buyer immediately. The license to use any Product is revoked at the time Product is returned. Product obtained by means of theft or fraudulent activity of any kind is not granted a license.

– By using the Site and (or) accepting this agreement the Seller agrees that any additional end user license agreements, licenses, custom licenses, or Seller requirements inserted into Seller Products in any area outside that explicitly provided by CGCircuit for additional license terms are invalid, void ab initio, and without effect as they relate to those purchases made on the Site.

– Nothing in this agreement shall be construed to mean that a Seller may not submit or delete Content from the material submitted by such Seller as part of general maintenance of such Seller’s account.

Licenses

Royalty Free License

1. Product may not be sold, given, or assigned to another person or entity in the form it is downloaded from the Site or in 3D printed physical form.

The Buyer’s license to Product in this paragraph is strictly limited to Incorporated Product. Any use or republication, including sale or distribution of Product that is not Incorporated Product is strictly prohibited. For illustration, approved distribution or use of Product as Incorporated Product includes, but is not limited to:
– as rendered still images or moving images; resold as part of a feature film, broadcast, or stock photography;
– as purchased by a game’s creators as part of a game if the Product 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;
– as Product published within a book, poster, t-shirt or other item;
– as part of a physical object such as a toy, doll, or model.

2. If you use any Product in software products (such as video games, simulations, or VR-worlds) you must take all reasonable measures to prevent the end user from gaining access to the Product. Methods of safeguarding the Product include but are not limited to:
– using a proprietary disc format such as Xbox 360, Playstation 3, etc.;
– using a proprietary Product format;
– using a proprietary and/or password protected database or resource file that stores the Product data;
– encrypting the Product data.

3. The Seller grants to the Buyer who purchases license rights to Product and uses it solely as Incorporated Product a non-exclusive, worldwide, license in any medium now known or hereinafter invented to:
– reproduce, post, promote, license, sell, publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes;
– use any trademarks, service marks or trade names incorporated in the Product in connection with Seller material;
– use the name and likeness of any individuals represented in the Product only in connection with Your material.

4. Absent a written grant of rights greater than that contained in section “Royalty Free License”, all other rights or sub-divisions of rights generally included in copyright are excluded from this license and remain the property of Seller.

5. The resale or redistribution by the Buyer of any Product, obtained from CGCircuit is expressly prohibited unless it is an Incorporated Product as licensed above.

Editorial License

1. In addition to the restrictions that are applicable to the Royalty Free License, certain Products may be marked “editorial” or “editorial license” and has additional license restrictions.

2. Buyer’s may only use Products marked “editorial” or “editorial license” for legitimate, editorial purposes on some issue of journalistic, editorial, cultural or otherwise newsworthy value. Examples of editorial use/fair use may include illustrating issues of general interest, social commentary, reporting news, etc. Editorial uses include use of the Product in a news program, news-related website, or news-related video media. The Buyer understands and agrees that such Products may contain material that is not released from its rights holders.

Custom License

Terms of the Custom License shall be deemed applicable if and only if the Seller provides additional license terms in the specific area of Product description – “Custom license terms”. Such additional license terms shall be applied and interpreted as additions and (or) exceptions to the terms and conditions, set forth in section “General Terms of Licensing” and section “Royalty Free License”.

License for Free Products

A Product which is offered as a free download shall be licensed with one of Creative Commons licenses as chosen by the Seller.

Frequently Asked Questions

There are many ways you might use 3D models you bought through the CGCircuit Store, but interpreting our licenses (Royalty-free, Editorial or Custom) determines if and how you can.

Please note that recommendations from CGCircuit staff are not intended as legal advice. The following FAQs are not official permission but should be considered as guidelines. Additionally, we always recommend that CGCircuit users consult with their legal counsel to ensure they are using their purchases legally.

A Royalty-free license allows you to use the Digital Asset worldwide, on all types of media, in all derivative works (commercial or non-commercial). 

Certain 3D assets are available under only an Editorial License, which has certain restrictions. An Editorial license can only be used in connection with newsworthy events or public interest (news articles, documentaries, creations of cultural value, etc.). 

  • It can be used only in works that comment on or criticize the subject matter of the assets or newsworthy or public interest events associated with them.
  • You may not use it for any commercial or promotional use. 
  • You may not use it to suggest sponsorship, affiliation, or association with any person, brand, or company. 
  • You may edit the Digital Asset only if its editorial quality is not altered.

A Custom license can be created at the discretion of the Seller or the Owner.This licensing term shall be interpreted as an addition and (or) an exception to the provisions of the sections “General Terms of Licensing” and “Royalty Free License“

Each purchase is linked to the license that appears on the product page at the time of purchase. Once the purchase has been completed, the license is available for download along with the purchased product. That license will also be valid for any future updates that the seller and/or owner will make on the purchased product.

The CGCircuit Store assets are royalty-free, which means:

  • It is not necessary for buyers to give credit or attribution to the creator when they use the Digital Asset properly.
  • In the future, the buyer does not have to pay any additional fees beyond the purchase price.

If you are unsure whether or not you can use your purchased asset for the intended use, it’s best to ask the following questions:

  • Can the purchased Digital Asset be downloadable for others? 
  • Can the purchased Digital Asset be commercialized in any way?
  • Can the purchased Digital Asset be part of a larger work?

Unless otherwise specified in a “Custom license,” Digital Assets you’ve purchased on the CGCircuit Store cannot be shared with others, regardless of license.

Examples:

  • You cannot upload a purchased asset on your own CGCircuit profile or any other platform, even if you significantly edited the source file.
  • You can use a purchased model as a character in a mobile game or YouTube video as long as it can’t be individually downloaded.

Unless otherwise specified in a Custom license:

  • Digital Assets with an Editorial license cannot be used for any commercial project or commercialized in any way.
  • Digital Assets with a Royalty-free license can be used for any kind of commercial project but cannot be commercialized/resold.

Examples:

With an Editorial-licensed asset, you cannot advertise a product on an e-commerce website, whether it is 2D or 3D.

With a Royalty-free-licensed asset, you can:

  • add it to your crowdsourcing campaign.
  • use 2D screenshots to sell physical print materials, i.e. brochures or textbooks, as a piece of a larger work.
  • Showcase a 3D model on a LED display screen for a commercial event.

You cannot distribute a digital asset incorporated in a derivative work if the derivative work is too similar to the digital asset.

Examples:

You cannot purchase a character model and make minor changes to sell it as your own. 

Minor changes would include, but are not limited to:

  • adding animation
  • changing material colors
  • 3D printing

You can 3D print a 3D character and include it in a more extensive work, such as a battle scene featuring multiple characters and elements.

Yes, of course! However, how you’re allowed to use or share the model after you’ve edited it can vary. If you’d like to edit the model and share it beyond personal use, you must have a Royalty-free license and you must change the model significantly. Significant change can be open to interpretation; however, as an example, simply changing a model’s material colors or pose is not enough.

Editorial-licensed models cannot be modified if it would change the editorial nature of the asset.

Yes, of course! You’re more than welcome to 3D print a purchased asset for personal use or display. However, how you use it beyond personal use can vary, depending on the license and how you plan to share it.

Yes, as long as the 3D model is not downloadable as an individual asset from the game.

Yes, as long as the 3D model is not the only element of the video.

No, CGCircuit store assets only provide a single-seat license, which means that you are the only authorized person to use the digital asset and you cannot transfer the rights to use that asset to someone else.