- Terms of Use
- Privacy Policy
- Royalty Free License
- Refund and Return Policy
- Subscription Terms
You Agree to Receive Strata Emails
By making this purchase and/or downloading a product from Strata, you are agreeing to be contacted by Strata via email. Strata will send you a purchase receipt for new purchases by email. Strata will also send you our newsletter from time to time, which can include news about Strata, how-to tips, and special offers. The newsletter will contain an opt-out link, should you decided to no longer receive the newsletter.
Terms of Use
This is a legally binding agreement between (“you”) and Strata regarding your use of the Site. “You” refers to the entity bound by these Terms of Use (“Terms”), whether that is a natural person who must be at least 18 years of age, or a corporate entity. This agreement incorporates by reference, the Royalty Free License, as well as the Site’s policies and procedures as such are made available at https://www.strata.com/strata-policies/.
These Terms may be translated into other languages, but the governing language is English in the event of any contradiction in terms between the English and foreign translation.
I. Definitions
“Strata” includes Strata Mixed Reality Inc. and all licensed affiliates and partners that distribute Stock Design Assets on behalf of Strata Mixed Reality Inc.
“Stock Design Asset” is the collection of one or more digital files, packaged in the form of a product on the Site that can be identified by a product ID, and that is uploaded by you, or otherwise made available to you, for Purchase on the Site. A Stock Design Assets may include 3D models, texture maps, motion captures, photographs, imagery, application and plug-in software, materials and shaders, shapes and vector graphics, training materials, building components, sound effects, stock music, and videos. Additionally, a Stock Design Asset may include a number of individual files of different file formats to make it easier for Customers to work in a variety of software applications, and may also include other files (such as jpeg images used for texturing), and images or other files that are used for promotional purposes. For Customers and their use in Creations, this definition also includes derivative and intermediary files used for that purpose.
“Site” refers to the Strata websites, APIs, software applications or any approved means or utility either currently in existence or in the future; the software and source code used by Strata to provide such services; user interface layouts, designs, images, text, knowledge base articles, program offers; site information provided in reports (such as popular keyword searches); and all other intellectual property protected under copyright, trademark, patent, publicity, or any other proprietary right.
To make reading this agreement easier and less repetitive, the following constructions are used:
“Include,” including,” and “such as” are considered to be followed with “but not limited to.” Examples are used in this agreement to illustrate, rather than limit, the scope of the terms.
“The following restrictions”, “the foregoing restrictions”, and “subject to the restrictions” are considered to be followed with “in addition to all other restrictions applicable within this agreement.”
II. General Use
- General License to the Site.
a. Ownership. Except as expressly licensed to you in these Terms, and in other agreements provided to you by Strata such as those regarding Stock Design Assets, Strata and the owners of the Stock Design Assets retain all ownership, right, title, and interest in and to the services provided by Strata, including the Site and all Stock Design Assets.
b. Unauthorized Use. If you use the Site or Stock Design Assets in an unauthorized way, Strata may terminate your account and pursue other penalties, damages, losses, and profits to which Strata is entitled under this agreement or at law or equity. The following uses of the Site are explicitly prohibited:
i. Except as expressly licensed to you, using an in-line link, frame, or forging headers around or URLs, or otherwise repackaging the Site in any way for commercial purposes;
ii. Obscuring or removing any watermark, copyright, or other proprietary notice from the Site or Stock Design Assets;
iii. Mining, hacking, probing, spidering, crawling, or scraping the Site or Stock Design Assets, or similarly gathering or extracting data (whether manual or robotic), including by indexing, caching, or aggregation;
iv. Decompiling, reverse engineering, or making derivative works;
v. Interfering (or engaging in any activity that may interfere) with any user’s experience;
vi. Testing for technical vulnerabilities, or circumventing any security measures or access restrictions; or
vii. Seeking contact information or other data on other users or visitors.
viii. Sharing any privately or semi-privately communicated information associated with the Services with anyone, unless you have the permission of the sending party. By way of example, you cannot take information sent to you in a private message or in a semi-private forum and make that information public or share it with any third party.
- Material Submitted by You. Strata does not claim any ownership or liability with respect to any material that you submit when using the Site. This section sets additional rules for your submission or consumption of any writing, imagery, or data to any forum, blog, or Stock Design Asset (“forums”).
a. Strata welcomes constructive criticism. However, you may NOT post anything that counteracts constructive, professional dialogue on 3D or related topics.
b. You may NOT submit anything that discloses, stores, or collects any contact information or any person’s personal information without that person’s permission.
c. You may NOT in any way post anything abusive, harassing, threatening, harmful, inaccurate, defamatory, libelous, pornographic, racist, or obscene.
d. You may NOT post any spam or advertising for other products or services. You may NOT post from multiple accounts, disrupt, flame, incite, or persist in repetitive or off-topic comments.
e. You are fully responsible for and shall act sensibly and with your best judgment on how and what you post to the Site.
f. You may NOT post or link to anything that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
g. You may NOT post or link to anything that infringes the rights of any third party or violates any law, rule, or regulation.
h. You may NOT re-post information elsewhere that requires a Site user account to access, such as private discussion forums or data reports.
III. Warranties
You covenant, represent, and warrant to Strata that:
- You have full right, power, legal capacity, and authority to enter into and perform this agreement, have obtained any third-party consent needed to do so, and, prior to any Purchase, had an opportunity to seek independent legal counsel.
- You will not use the Site except pursuant to the terms of this agreement.
IV. Limitation of Liability
- The Site is provided on an “as is”, “as available”, and “with all faults” basis. Strata makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, fitness for a particular purpose, non-infringement, merchantability, or cosmetic attributes of the Site, and does not guarantee the accuracy or completeness of specifications associated with the Site, including measurements, weight, durability, strength, materials, general physical properties, regulatory compliance, other engineering or construction attributes.
- You assume all risk for any damage to your computer systems and network for any damage to your computer system caused by using the Site, including any damages resulting from computer viruses.
- To the fullest extent permitted by law, Strata shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Site, even if Strata has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence). To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental, or consequential damages, portions of the preceding limitation or exclusion may not apply, but should be construed to the greatest extent applicable in such jurisdictions.
- You agree to indemnify and hold Strata and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, licensee, suppliers, alliance members, other partners, employees and representatives (“Strata Parties”) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of your use of the Site and any material you submit.
V. Termination and General Terms
- Entire Agreement. This agreement constitutes the entire agreement between you and Strata, unless you have additional mutually agreed written license agreements with Strata, such as the Royalty Free License, Publishing Agreement, Software License, or other corporate license. Corporate licenses are available with additional protections for additional fees. Please contact storesupport@strata.com if your organization requires a corporate license. Strata does not offer any other changes, additions, variations, or additional signed forms related to this agreement. No modification to this agreement will be binding, unless in writing and signed by an authorized Strata representative.
- Termination; Material Breach. Your breach of these Terms or other applicable policies or agreements with Strata may result in Strata terminating your access to the Site, without any liability to Strata. You may terminate these Terms at any time by ceasing to use the Site. You agree that any material breach of these Terms will result in irreparable harm to Strata for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Strata will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Strata seeks such an injunction.
- Import/Export Regulations. The Site may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular: (a) obtain any export, re-export, or import authorizations required by U.S.; (b) not design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide, re-route, or otherwise package the Site to prohibited countries and entities identified in the U.S. export regulations.
- Governing Law. This agreement is governed by Utah law, excluding conflict of law principles. Any action or proceeding arising out of or related to this agreement must be brought in a state or federal court located in St. George, Utah, and both parties irrevocably submit to the exclusive jurisdiction of such courts. All notices, requests and other communications under this agreement must be in writing (e-mail messages shall be deemed writings).
- LIMITED INTERNAL USER ARBITRATION. You acknowledge and agree that Strata may, in its sole discretion, arbitrate disputes between the Site’s users involving the Site or Stock Design Assets, and such findings shall be final and non-appealable. Either party may request that Strata arbitrate the dispute, or Strata may elect, at its option, to arbitrate the dispute. To resolve disputes, Strata may decide to terminate or suspend users, revoke the license, offer replacement Stock Design Assets, reestablish the licensee, or surrender or reallocate fees (whether by refund, charitable donation, or otherwise). Strata may award up to 3X the Purchase price to either party depending on the circumstances. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT ACCEPTING THIS ARBITRATION PROVISION WAIVES RIGHTS TO JUDICIAL RESOLUTION, TRIAL BY JURY AND RIGHTS YOU WOULD OTHERWISE HAVE IF YOU HAD NOT AGREED TO THIS ARBITRATION PROVISION.
- Notice. Any notice under this agreement shall be via email to support@strata.com, provided that you receive an acknowledgement email from a Strata representative within 5 business days. If no such acknowledgement email is received, notice must be in writing and delivered by mail to the following address.
Strata Mixed Reality Inc.
c/o Strata Support
1400 Chapel Street
Unit 322
Santa Clara, Utah 84765
- Assignment. Strata may not assign its rights under this agreement without providing you notice, except in the case of a bankruptcy, merger, acquisition, sale of all or substantially all of Strata’s assets to a subsequent owner or operator, or similar event. You may not assign your rights under this agreement without the prior written consent of Strata, which will not be unreasonably withheld.
- English. This agreement may be translated into other languages, but English is the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.
These Terms of Use are in effect as of January 1, 2014.
Privacy Policy
YOUR USE OF OUR SERVICES IS SUBJECT TO YOUR AGREEMENT TO THE TERMS OF THIS PRIVACY POLICY
If you have any questions, complaints, or comments regarding this Policy, please contact support@strata.com.
Strata Mixed Reality Inc. (“Strata,” “us,” or “we”) respects your privacy and is committed to protecting the personal information that you may provide while using our web sites and Services (defined below). This Privacy Policy (the “Policy”) is intended to provide you with notice of the following:
I. The Web Sites and Services Covered by This Policy
We currently operate the following web sites strata.com, stratacafe.com, and strata3duniversity.com (the “Site” or “Sites”) as well as certain ancillary services and applications collectively (“Services”):
From time to time, we may add new Services that may not be listed above, but they will provide a link to this Policy and will be governed by its terms.
II. What Personal Information We Collect From You
We do not collect any personal information from you, unless you provide it to us in one of the ways discussed in this Policy. You may provide us this information directly through our Services. If you decide to provide us your personal information (e.g., name, email address, and mailing address), we will collect only the personal information that is needed to fulfill your requests and our legitimate business objectives. If you refuse to divulge your personal information when requested, you may not be able to access certain areas as part of the Services (such as message boards or the ability to buy and sell products).
- Memberships and Registration. In order for you to register for our Services, we will require you to provide us with information such as a name, email address, state and country of residence, zip/postal code, birth date and other similar information. Some areas of the Services may allow you to visit as a guest and remain anonymous, but you may not be able to access all the content and features of those areas without registering.
- Public Forums. Please note that your user name will be available to the Internet’s general public while you participate in some Services, such as publishing products or posting on our message boards, so you should exercise discretion when using these Services. Personal information disclosed by you within our message boards, or similar Services can be collected by other users of such Services and may result in unsolicited messages. We are not responsible for protecting such information that you may disclose to third parties through our Services (e.g. sending your telephone number to another user through the Services). To the extent that you use a profile that may be available to others on our Services, you are solely responsible for its content and accuracy at all times. To edit, change, or delete such information, follow the instructions provided on our Services.
- Email Newsletters. As part of your participation in the Services, we may send you email. You must have an account and have given us your email address in order to receive emails from us. You may be asked for additional personal information when you ask to receive email. You can opt out of receiving future emailing from us by following the directions contained in the email to “unsubscribe.”
III. What Non-Personal Information We Collect from You
General, aggregated, demographic, and non-personal information may be collected by Strata. It may be be linked to your personal information, through cookies or other means. This type of anonymous, aggregated profiling and session data may include information that you have provided to us through surveys, polls, etc.. It may also include aggregated anonymous information about Site usage and the customer base.
In many cases, Strata will automatically collect certain non-personal information about your use of its Services. Strata might collect, among other things, information concerning the type of Internet browser or computer operating system you are using, the domain name of your Internet service provider, your “click path” through the Sites, and the web site or advertisement that was linked to or from the Sites when you visited. To do this, Strata may use cookies and other technology. Your visits to our Services, and information provided through these technologies, will be anonymous unless you provide us with personal information or have provided such information in the past. For example, if you have created an account with our Services, your account information (including name, email address, and billing information) may be linked to the items you purchased at our online stores associated with the Services. (i.e., purchase order history).
We may also collect information about you to optimize our site or diagnose problems with the site. This information is often used in aggregate to see trends, but may also be connected to your personal account information.
IV. Information on Cookies and Related Technology
The Strata Services do contain “cookies.”
A cookie is a piece of data that is sent to your browser, which will store the cookie on your computer if your browser is enabled to accept cookies.
Internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions to learn more about how to manage cookies. Please note, however, that if you block cookies, some portions of the Strata Services may not function properly.
V. How We Use and Share the Information That We Collect From You
Personal information which we collect for a particular purpose will be saved and used for that purpose, unless you have agreed to allow us to use it for some other purpose, as described in this Policy. Except as discussed in this policy, we will not sell, rent, or otherwise use your personal information for a commercial purpose unless approved by you.
When you have provided personal information to us for a particular purpose, we may disclose your information to other companies that we have engaged to assist us in fulfilling your request. This may include, but is not limited to, fulfillment houses, billing services, transaction managers, credit verification services, and other third party service providers. We may also disclose any of your personal information to law enforcement or other appropriate third parties in connection with criminal investigations, investigation of fraud, or other suspected illegal activities, or as otherwise may be required by applicable law, or, as we deem necessary in our sole discretion, in order to protect the legitimate legal and business interests of Strata.
In cases where a claim of IP infringement or other civil law claim is made, we may give out the information of the seller or distributor of such material so that the person making the claim can contact them to resolve the dispute. However, we do not release any information from the buyers of such allegedly infringing material unless we have direction from the appropriate legal authority.
We may use the information we collect from you for the purpose of providing you with technical support, customer service, and account maintenance. We use the information we collect to learn what you like, tailor your experience accordingly, and to improve web sites and our other products.
You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Sites, of any personal information contained in the Strata database for such site, if Strata assigns all of its rights and obligations regarding the use of your personal information at the time of a bankruptcy, merger, acquisition, sale of all or substantially all of Strata’s assets to a subsequent owner or operator, or similar event.
VI. How You May Access or Change the Information You Have Provided to Us
If you would like to modify any personal information you have provided to us, or have us no longer use this information, please follow the instructions associated with the Services. If you have any questions or would like to access or change your information via email, please contact support@strata.com.
VII. Other important agreements that govern your use of our sites and services.
In addition to this Policy, your rights and obligations concerning our Services are governed by the applicable web site end user license agreement, and other applicable policies, guidelines, and requirements. When you sign up to use our Services, please review each such agreement carefully, as you must agree to be bound by each such agreement before you may use the service.
VIII. Information for Persons Outside the United States
By consenting to this Policy, you confirm that your command and knowledge of English is sufficient to understand the terms and conditions set forth herein.
For persons in European Union countries, as used herein, terms such as “personal information” refer to “personal data” as defined by the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“Directive”). We will not collect any personal data from you unless you provide it under the terms of this Policy. By using Strata Services, you agree that we may transfer your personal information outside the European Union in connection with the purposes stated in this Policy. Your personal data will be transferred to the United States (and/or other non-EU jurisdictions, as applicable).
IX. Our Commitment to Secure the Personal Information We Have Collected
While Strata takes precautions against possible breaches in its web sites and customer databases, no web site or Internet transmission is completely secure. Consequently, Strata cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Strata sites and Services is at your own risk. Strata urges you to take steps to keep your personal information safe by memorizing your password or keeping it in a safe place (separate from your account information), logging out of your user account, and closing your web browser whenever you finish your session or leave your computer in a public area.
Strata employs a security technology known as a secure-socket-layer (“SSL”) to protect the transmission of critical account information, such as credit card transmissions, through the Services. Unless otherwise specified, credit card numbers are used only for payment processing and are not retained for marketing purposes.
X. Our Policies Concerning Children
Strata complies with the Children’s Online Privacy Protection Act and all other applicable laws and regulations concerning children and the Internet.
- Children Under the Age of 13. If you are under the age of 13, you may not create an account on the Site. To sell on Strata, you have to be of legal age to sign a binding contract in the country where you reside. This age is 18 in most countries. If you are younger than 18, you can use an adult’s account with the permission of the account-holder. However, the account-holder would be responsible for everything done with that account.
- Information for Parents. Parents should regularly oversee their children’s use of e-mail and other online communications and transactional features. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids. You can find out about software that protects your children here:
https://www.onguardonline.gov/articles/0031-protecting-your-childs-privacy-online
https://kids.getnetwise.org/tools/
If your son or daughter has used your credit card on our Services without your permission, contact support@strata.com immediately and we will remove their information.
- Youth Between the Ages of 13 and 18. If you are between the ages of 13 and 18, please have your parent or guardian read this Policy and get his or her permission before you give us any of your personal identifiable information, before you use any of our message board or chat features, before you sign up for any Services, and before you buy anything from the Sites. Do not post your real name on a web site or message board, and never tell anyone online anything private about yourself or your family, including your phone number and address. Use screen names at all times.
XI. Notice of Changes to the Policy
Strata reserves the right to change this Policy at any time by notifying registered users via email or the Services of the existence of a new Policy and/or posting the new Policy on the associated Services. All changes to the Policy will be effective when posted, and your continued use of any Strata Services after the posting will constitute your acceptance of, and agreement to be bound by, those changes.
This Privacy Policy is Effective as of: January 1, 2014.
Royalty Free License
This is a legally binding agreement between licensee (“you”), and Strata Mixed Reality Inc. (“Strata”) regarding your rights to use Stock Design Assets from the Site under this license. “You” refers to the purchasing entity, whether that is a natural person who must be at least 18 years of age, or a corporate entity. The rights granted in this agreement are granted to the purchasing entity, its parent company, and its majority owned affiliates on a “royalty free” basis, which means that after a Purchase, there are no future royalties or payments that are required. Collectively, these rights are considered “extended uses”, and are granted to you, subject to applicable Editorial Use Restrictions described below. The license granted is wholly transferable to other parties so long it is in force and not terminated, otherwise violated, or extinguished, as set forth herein. This agreement incorporates by reference the Terms of Use as well as the Site’s policies and procedures as such are made available at https://www.strata.com/strata-policies/
I. Introduction & Definitions
This agreement is intended to be easy to understand, and to provide clarity for using Stock Design Assets in the work you create (“Creations”).
Some words in this agreement are given specific meanings. Words that appear initially in quotations, such as “you” and “Creations”, are defined in the text preceding the word. Other capitalized words are defined below:
“Stock Design Asset” is the collection of one or more digital files, packaged in the form of a product on the Site that can be identified by a product ID, and that is downloaded by you, or otherwise made available to you, for Purchase on the Site. A Stock Design Asset may include 3D models, texture maps, motion captures, photographs, imagery, application and plug-in software, materials and shaders, shapes and vector graphics, training materials, building components, sound effects, stock music, and videos. Additionally, a Stock Design Assets may include a number of individual files of different file formats to make it easier for Customers to work in a variety of software applications, and may also include other files (such as jpeg images used for texturing), and images or other files that are used for promotional purposes. For Customers and their use in Creations, this definition also includes derivative and intermediary files used for that purpose.
“Site” refers to the Strata websites, API’s, software applications or any approved means or utility either currently in existence or in the future; the software and source code used by Strata to provide such services; user interface layouts, designs, images, text, knowledgebase articles, program offers; site information provided in reports (such as popular keyword searches); and all other intellectual property protected under copyright, trademark, patent, publicity, or any other proprietary right.
“Purchase” is the acquisition of a Stock Design Asset by you from the Site under this agreement, whether as a purchase of Stock Design Asset made available at a price of greater than $0, or a download of Stock Design Asset made available at no charge.
“Strata” includes Strata Mixed Reality Inc. and all licensed affiliates and partners that distribute Stock Design Assets on behalf of Strata Mixed Reality Inc.
“Product Page” is the product page or interface that displays Stock Design Assets available for Purchase on the Site.
“Computer Game” is a type of Creation that includes digital games, computer-based games, handheld electronic games, mobile games, online games, social games, game mods, and console-based games.
“Imagery” is a Creation made of any single image or sequence of images.
“Intellectual Property” means, copyright, trademark, trade secret, right of publicity, or any other proprietary right throughout the world.
To make reading this agreement easier and less repetitive, the following constructions are used:
“Include,” including,” and “such as” are considered to be followed with “but not limited to.” Examples are used in this agreement to illustrate, rather than limit, the scope of the terms.
“The following restrictions”, “the foregoing restrictions”, and “subject to the restrictions” are considered to be followed with “in addition to all other restrictions applicable within this agreement.”
II. License Rights
- Ownership. Strata does not grant title or ownership in Stock Design Assets. All rights in Stock Design Assets not expressly granted in this agreement are reserved by Strata for itself and its licensors.
- Rights Granted. For Stock Design Assets, Strata grants to you a non-exclusive, perpetual, worldwide right and license to copy, distribute, reproduce, adapt, publicly display, publicly perform, digitally perform, transmit, broadcast, telecast, advertise, create derivative works, and market Stock Design Assets within Creations in the uses authorized in this agreement. You may request authorization for a use not covered by this agreement (“New Use”) by writing support@Strata.com. Strata is authorized to approve a New Use if Strata finds in its sole judgment that the New Use is substantially similar to another established use in this agreement, and authorizes the New Use in writing.
- Rights Granted When Sharing Stock Design Assets. If you Purchase as an employee of a corporate entity, sharing Purchased Stock Design Assets with other employees of your corporate entity is allowed. Examples of allowed sharing include storing files on a networked hard drive, and aggregating Stock Design Assets for later use in future Creations. You are responsible for any downstream distribution, use, or misuse by a recipient of a shared Stock Design Asset. In all cases, sharing Stock Design Assets with external people or entities is only allowed in the following situations, and with the following restrictions:
a. In the production of a Creation owned by you, if you are working in collaboration with external parties, and there is a need to share Stock Design Assets for the development and production of your Creation, sharing Stock Design Assets with those external parties is allowed. Any external party that receives Stock Design Assets may only use Stock Design Assets on your Creations and must take reasonable care to secure and limit access to Stock Design Assets to that purpose.
b. In the production of a Creation owned by another entity (“your Client”), if you are working as a contractor and need to share Stock Design Assets with your Client, or any external parties working with your Client, sharing Stock Design Assets is allowed, subject to the restriction that all parties may use Stock Design Assets only for your Client’s particular Creation, and for successive versions of your Client’s Creation, such as sequel Computer Games or movies that utilize the same 3D models. All parties must take reasonable care to secure and limit access to Stock Design Assets to the parties working on your Client’s Creation. For all other use by any party, Stock Design Assets must be Purchased again to create a new license agreement governing that use.
- Editorial Use Restriction for Some Stock Design Assets. The following restrictions apply to any Stock Design Asset affixed with an “Editorial” notice on its Product Page. The Editorial notice is one way to alert you that certain subject matter depicted by Stock Design Assets, such as a manufactured product under a brand name, may be protected by another party’s Intellectual Property rights (“Other-Party Intellectual Property”). Permitted use of Other-Party Intellectual Property in Stock Design Assets is limited to news reporting in Creations of some cultural, editorial, journalistic, or otherwise newsworthy value, and includes news reporting on television and the internet. This restriction does not apply if you have the needed authorization to use the Other-Party Intellectual Property for your Creation, such as if you are the Intellectual Property owner yourself, or an Intellectual Property owner’s advertising team, hired party, or licensee purchasing that company’s product.
- Other-Party Intellectual Property. Strata does not own or license any Other-Party Intellectual Property. Strata does not in any way make any representations or warranties about Other-Party Intellectual Property associated with Stock Design Assets. You are solely responsible for determining the need for and, if appropriate, obtaining any needed Other-Party clearance, consent, or release to use any Other-Party Intellectual Property in your Creations.
- Creations of Imagery.
Permitted Uses of Creations of Imagery. Subject to the following restrictions, you may use Creations of Imagery within news, film, movies, television programs, video projects, multi-media projects, theatrical display, software user interfaces; architectural renderings, Computer Games, virtual worlds, simulation and training environments; corporate communications, marketing collateral, tradeshow promotional items, booth decorations and presentations; pre-visualizations, product prototyping and research; mobile, web, print, television, and billboard advertising; online and electronic publications of blogs, literature, social media, and email campaigns; website designs and layouts, desktop and mobile wallpapers, screensavers, toolbar skins; books, magazines, posters, greeting cards; apparel items, brochures, framed or printed artwork, household items, office items, lenticular prints, product packaging and manufactured products.
Restrictions on Permitted Uses of Creations of Imagery.
a. Stock Media Clearinghouse. You may NOT publish or distribute Creations of Imagery through another stock media clearinghouse, for example as part of an online marketplace for photography, clip art, or design templates.
b. Promotional Images. Images displayed for the promotion of Stock Design Assets, such as preview images on the Stock Design Asset’s Product Page (“Promotional Images”), may be used in Creations of Imagery, provided that the Stock Design Asset itself has been Purchased and subject to the following restrictions:
i. You may NOT use a Promotional Image that has any added element which is not included as part of the Stock Design Asset. An example of this type of restricted use is if the Stock Design Asset contains a 3D model of an airplane, and there is a Promotional Image of that airplane rendered over a blue sky; however, the blue sky image is not included as part of the Stock Design Asset. Other prohibited examples include use of Promotional Images from movies or advertisements that may have used Stock Design Asset.
ii. You may NOT use any Promotional Image that has a logo, mark, watermark, attribution, copyright or other notice superimposed on the image without prior approval from Strata Support.
c. Business Logos. You may NOT use Imagery in any Creation that is a trademark, servicemark, or business logo. This restriction is included because the owners of these types of Creations typically seek exclusivity on the use of the imagery in their Creation, which is incompatible with the non-exclusive license granted to you under this agreement.
- Creations of Computer Games and Software
Permitted Uses in Creations of Computer Games and Software. Subject to the following restrictions, you may include Stock Design Assets in Creations of Computer Games, virtual worlds, simulation and training environments; mobile, desktop and web applications; and interactive electronic publications of literature such as e-books and electronic textbooks.
Restrictions on Permitted Uses of Stock Design Assets in Creations of Games and Software.
a. Interactivity. Your inclusion of Stock Design Assets within any such Creation is limited to uses where Stock Design Asset is required to produce an interactive experience for the user. Such a permitted example of this use would be to include a 3D model of human anatomy in a medical training application, in a way that the 3D model may be manipulated or interacted with, and also where Imagery would not reasonably suffice for the intended use.
b. Access to Stock Design Assets. You must take all reasonable and industry standard measures to prevent other parties from gaining access to Stock Design Assets. Stock Design Assets must be contained in proprietary formats so that they cannot be opened or imported in a publicly available software application or framework, or extracted without reverse engineering. You may NOT publish or distribute Stock Design Assets in any open format, or format encrypted with decryptable open standards (such as WebGL or an encrypted compression archive).
c. Open Systems. You may NOT include Stock Design Assets in Creations that have the general functionality for importing and/or exporting Stock Design Assets. An example of such a prohibited use is to include Stock Design Assets as a starter library within a Creation that allows users to generally work with 3D models, even if the Stock Design Asset itself is somehow protected and is not capable of being exported. Instead, the users of such a software application may Stock Design Assets Products directly from the Site.
d. Virtual Good Sales. You may NOT import, upload, reproduce, make available, publish, transmit, distribute, or sublicense Stock Design Assets in Creations of virtual goods or worlds for any 3D community (“Virtual World”), unless you or your Client owns the Virtual World platform and it complies with the foregoing restrictions.
- Creations of Physical Form.
Permitted Uses in Creations of Physical Form . Subject to the following restrictions, you may use Stock Design Assets to make physical Creations such as 3D printed works, articles of manufacture, custom vehicles, furniture, jewelry, sculptural artwork, toys, and physical entertainment goods (“Creations of Physical Form”).
Restrictions on Permitted Uses in Creations of Physical Form .
a. Substantially Similar Creations. Permitted use of any Creation of Physical Form in which a Stock Design Asset is untransformed or substantially similar to the Stock Design Asset, is limited to personal use, gifts, or charitable donations, with a maximum of 5 instances of such Creation per Purchase; unless the Stock Design Asset is a small part of a much larger array of other physical objects in the Creation. For example, if you are creating a real-world, physical human skeleton for manufacture for sale, it is permitted to add a 3D printed human head that exactly resembles the Purchased Stock Design Asset, but it is not permitted to sell the 3D printed head by itself. Another permitted example of a Stock Design Asset being a small part of a larger array is using a 3D model that ends up within an automobile as a part of the automobile.
b. No Other-Party Intellectual Property. You may NOT reproduce Other-Party Intellectual Property in any Creation of Physical Form for any purpose.
- 3D Industry Promotional Use. If Strata has granted you, as a hardware or software partner, access to priced Stock Design Assets on a free-of-charge basis, your use of Stock Design Assets is restricted to internal testing for your 3D software or hardware products, and to the promotion of your software or hardware products with Creations of Imagery provided that an attribution of the artist’s name and the Site are included. You agree that should any Stock Design Assets be used outside of these purposes in ways that are normally allowed after a Purchase, that you will promptly Purchase the Stock Design Assets and otherwise comply with the terms herein.
- Unauthorized Use. If you use Stock Design Assets in an unauthorized way, Strata may terminate your account and pursue other penalties, damages, losses, and profits Strata is entitled to under this agreement or at law or equity. The following are unauthorized uses that are explicitly prohibited:
a. Competition. You may NOT use Stock Design Assets in a way that competes with the Site or the Stock Design Assets themselves.
b. Re-Distribution. You may NOT re-distribute, publish, or make Stock Design Assets available to any third party except in the form of a permitted Creation, or shared as authorized in this agreement.
c. Group Buying. You may NOT aggregate funds to Purchase Stock Design Assets with one or more other parties. An example of this prohibited use is a website membership where members pool their money to make a single Purchase that is shared by the members of the group. Each such member must Purchase individually.
d. Stock Design Assets Clearinghouses. You may NOT publish, distribute, or make Stock Design Assets available through any online clearinghouse infrastructure.
e. No Obscene or Unlawful Use. You may NOT use Stock Design Assets for any defamatory, harassing, obscene, or racist purpose, or to infringe any party’s Intellectual Property rights.
f. False Attribution. You may NOT misrepresent yourself as the creator of Stock Design Assets.
III. License Term and Termination
- Term. Your right and license to Stock Design Assets is perpetual, unless terminated as described herein.
- Termination. Your license grant is terminated immediately and without notice in the cases below. In such termination, you and any recipients of Stock Design Assets must cease use, distribution, and destroy all copies of Stock Design Assets.
a. Reversal of Purchase. Your right and license to Stock Design Assets are contingent on your Purchase of Stock Design Assets. Any payment reversal of a Purchase for any reason immediately terminates all rights granted under this agreement. Potential Reasons for a payment reversal include:
i. Strata reverses your Purchase at your request.
ii. Strata receives a charge back notice from your bank or credit card cancelling your Purchase and withdrawing the funds used for your Purchase.
iii. Strata determines in its sole discretion that your Purchase was fraudulent.
iv. Your purchase was made with a dishonored check.
v. Your purchase was made and there is a bank transfer failure.
vi. When you are granted delayed payment terms, and fail to make payments such that Strata sends you notice and terminates your account.
b. Failure to Abide by the License Grant.Material failure to abide by the terms of this agreement immediately terminates your right and license to Stock Design Assets. If you detect a violation of the license grant by you or any recipient of shared Stock Design Assets, and promptly report the violation to support@Strata.com, Strata will make a good faith effort to find an appropriate remedy to preserve your license grant.
IV. Warranties
You covenant, represent, and warrant to Strata that:
- You have full right, power, legal capacity, and authority to enter into and perform this agreement, have obtained any third-party consent needed to do so, and, prior to any Purchase, had an opportunity to seek independent legal counsel.
- You will not use Stock Design Assets except pursuant to the terms of this agreement. Should you use Stock Design Assets in an unauthorized way, you agree to any reasonable fee or penalty exercised by Strata under this agreement or applicable law.
- You will, prior to Purchase, determine the need for and, if appropriate, obtain any needed third-party clearance, consent, or release to use Other-Party Intellectual Property shown in the digital rendering of Stock Design Assets, and shall not use Stock Design Assets to infringe any party’s Intellectual Property rights.
- You will immediately notify Strata of any Intellectual Property claim against your use of Stock Design Assets or any other rights issue, before disclosing such issue to any third-party.
V. Limitation of Liability
1. Stock Design Assets are provided on an “as is”, “as available”, and “with all faults” basis. Strata makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, fitness for a particular purpose, non-infringement, merchantability, or cosmetic attributes of Stock Design Assets, and does not guarantee the accuracy or completeness of specifications associated with Stock Design Assets, including measurements, weight, durability, strength, materials, general physical properties, regulatory compliance, other engineering or construction attributes.
- Strata disclaims all express or implied conditions, representations, and warranties of any kind regarding Stock Design Assets, including any implied warranty or condition of merchantability. Strata allows your Purchase to be refunded under certain reasonable time frames and conditions, subject to the Site’s policies.
- You assume all risk for any damage to your computer systems and network for any damage to your computer system by obtaining Stock Design Assets, including any damages resulting from computer viruses.
- To the fullest extent permitted by law, Strata shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with Stock Design Assets, even if Strata has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence). To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental, or consequential damages, portions of the preceding limitation or exclusion may not apply, but should be construed to the greatest extent applicable in such jurisdictions.
- You agree to indemnify and hold Strata and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, licensee, suppliers, alliance members, other partners, employees and representatives (“Strata Parties”) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of your use of the Source Material or Creations.
VI. Other Terms
- Entire Agreement. This agreement constitutes the entire agreement between you and Strata relating to your Purchase, unless you have a corporate license agreement with Strata. Corporate licenses are available with additional protections for additional fees. Please contact sales@Strata.com if your organization requires a corporate license. Strata does not otherwise offer any other changes, additions, variations, or additional signed forms related to this agreement. No modification to this agreement will be binding, unless in writing and signed by an authorized Strata representative.
- Material Breach. You agree that any material breach of these Terms will result in irreparable harm to Strata for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Strata will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Strata seeks such an injunction.
- Import/Export Regulations. Stock Design Assets may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall with Stock Design Assets: (a) obtain any export, re-export, or import authorizations required by U.S. or Your local laws; (b) not design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Stock Design Assets to prohibited countries and entities identified in the U.S. export regulations.
- Governing Law. This agreement is governed by Utah law, excluding conflict of law principles. Any action or proceeding arising out of or related to this agreement must be brought in a state or federal court located in St. George, Utah, and both parties irrevocably submit to the exclusive jurisdiction of such courts. All notices, requests and other communications under this agreement must be in writing (e-mail messages shall be deemed writings).
- LIMITED INTERNAL USER ARBITRATION. You acknowledge and agree that Strata may, in its sole discretion, arbitrate disputes between Strata users involving Stock Design Assets (including any purchaser or supplier of Stock Design Assets), and such findings shall be final and non-appealable. Either party may request that Strata arbitrate the dispute, or Strata may elect, at its option, to arbitrate the dispute. After Strata elects to arbitrate any dispute hereunder, Strata will waive any rights to a commission from both the Purchase and arbitration, and the parties must keep the results and process confidential and may not disclose anything related to the dispute to any other party (whether by oral, written, or other type of disclosure). To resolve disputes, Strata may decide to terminate or suspend users, revoke the license, offer replacement Stock Design Assets, reestablish the licensee, or surrender or reallocate fees (whether by refund, charitable donation, or otherwise). Strata may award up to 3X the Purchase price to either party depending on the circumstances. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT ACCEPTING THIS ARBITRATION PROVISION WAIVES RIGHTS TO JUDICIAL RESOLUTION, TRIAL BY JURY AND RIGHTS YOU WOULD OTHERWISE HAVE IF YOU HAD NOT AGREED TO THIS ARBITRATION PROVISION.
- Notice. Any notice under this agreement shall be via email to support@Strata.com, provided that you receive an acknowledgement email from a Strata representative within 5 business days. If no such acknowledgement email is received, notice must be in writing and delivered by mail to the following address.
Strata Mixed Reality Inc.
c/o Strata Support
1400 Chapel Street
Unit 322
Santa Clara, Utah 84765
- Assignment. Strata may not assign its rights under this agreement without providing you notice, except in the case of a bankruptcy, merger, acquisition, sale of all or substantially all of Strata’s assets to a subsequent owner or operator, or similar event. You may not assign your rights under this agreement without the prior written consent of Strata, which will not be unreasonably withheld.
- English. This agreement may be translated into other languages, but English is the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.
This Royalty Free License is effective for use with Stock Design Assets for use on or after January 1, 2014.
Refund and Return Policy
Software License Purchase Refunds
Strata offers a no-questions-asked, 30 day money back guarantee on purchases of Software Application Licenses and Software Application License Fees made from the strata.com online store. However, monthly subscription payments made on Software Application Licenses are not eligible for refunds. We encourage you to contact sales@strata.com prior to purchase if you have any questions about whether an application will be suitable for your purpose. We also offer free email based support to help you get the most out of your purchase. We encourage you to utilize support@strata.com prior to any refund request to see if we can resolve whatever issues you may be experiencing.
Resources, 3D Models and Other Design Assets Purchase Refunds
We encourage our artists to do the best job possible of presenting their products to the customers. If you have purchased a model or other design assets and you feel there is either a functional problem or a misrepresentation by the product’s screenshots and description, we are dedicated to working with you to make the situation right.
Customers are eligible for refunds when something is clearly wrong with a product or if the file contents and/or quality have been misrepresented by the artist. Customers are only eligible for a refund if we are notified within 7 days of purchase – please alert us immediately if you have a problem.
Destruction of Refunded Items
If a refund is granted, you are legally bound to destroy all copies of the purchased files. We require that you sign a binding document stating that you no longer have the rights to use or keep any of the purchased files.
We encourage you to contact sales@strata.com prior to purchase if you have questions about an item you are considering for purchase. We are happy to provide you with as much information as possible to make sure you get the product that best suits your needs.
Subscription Terms
The service begins when we confirm your initial payment. Some subscription purchases require an initial License Fee. We will charge you the subscription payment at the time of purchase, and monthly until you cancel. Once the subscription payment has been charged, that charge is final and no refund is available. The subscription payment is subject to change—but we’ll always notify you beforehand.
You can cancel anytime by visiting your Purchase History page (you’ll need to log into your account before your purchase history will display) or contacting Customer Support. Canceling your membership stops the charge at the start of your next billing term—but your service will continue through the end of your current term.
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