Terms and Conditions of Use

Vastview Studios Pty Ltd (ABN 96 151 413 400) (Vastview) owns, operates and maintains this Website, www.ue4assets.com and the content contained therein, and asserts its copyright. These Terms and Conditions of Use incorporate Vastview’s End User Licence Agreement (EULA) and Privacy Policy.

1 .    Accessing this Website

1. By accessing this Website, Users agree to be bound by these Terms and Conditions of Use. If Users do not agree with any of these terms and conditions, Users are prohibited from using or accessing the Website or accessing the Services. The materials contained in this website are protected by applicable intellectual property law.
2. Use of parts of the Website (including those parts of the Website which are accessible to members of the public) also may be subject to disclaimers or additional terms and conditions.
3. Vastview may in its sole and absolute discretion, for any reason or no reason, and without notice:

(a) alter or withdraw any functionality on the Website;
(b) withdraw or suspend access to all or any part of the Website and any account;
(c) monitor the use of the Website;
(d) subject to any applicable laws, treat any material that Users transmit or display as non-confidential and non-proprietary; and
(e) edit or remove any material that Users may have uploaded, posted, emailed or otherwise transmitted to the Website.

2 .    Services provided by Vastview

1. Vastview operates the Website as an online platform and marketplace for Users to purchase a Licence to use an Asset via a listing on the Website (Listing) for the price displayed on the Website.
2. Vastview does not endorse, approve or induce the licensing or distribution of Assets in breach of any third party terms and conditions and does not encourage the breaching of contractual terms imposed by a third party.
3. If a User believes that Vastview may be infringing a third party’s Intellectual Property rights, please contact us immediately on info@ue4asset.com.au, for our review of the matter and if necessary, rectification.

3 .    User License – Website

1. Permission is granted to temporarily download any of the Website materials (information or software) on the website for personal, non-commercial transitory viewing only.
2. Intellectual Property rights for software, scripts, programming code, animation, information, material and processes used on or connected with the Website are the sole property of Vastview, including without limitation, all copyrights and other proprietary rights inherent therein.
3. This is a grant of a license, not a transfer of title, and under this license Users may not:

(a) modify or copy the materials;
(b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
(c) attempt to decompile or reverse engineer any software contained on the website;
(d) remove any copyright or other proprietary notations from the materials; or
(e) transfer the materials to another person or "mirror" the materials on any other server.

4. A User’s license under this clause shall automatically terminate if that User breaches any of these Terms and Conditions of Use. In addition, Vastview may at its discretion, terminate the licence. Upon termination of the licence, that User will have no right to view the Website or any of the content therein and that User must destroy any downloaded materials in that User’s possession or control, whether in electronic or printed format.

4 .    Use of the Website

1. Users must not, in connection with the use of the Website, act in a manner which:

(a) is contrary to any law or any third party’s rights, or which may encourage a person to act in a way which is contrary to any law or any third party’s rights;
(b) may result in damage to the Website or any property or equipment of Vastview, its directors, employees, contractors or agents;
(c) may restrict, disrupt or inhibit any other user from using or enjoying the Website;
(d) endangers the health or safety of any person;
(e) may cause an interference to any business conducted by Vastview;
(f) upload, post, email or otherwise transmit any of the following to, or through, the Website:

(i) confidential material;
(ii) misleading or deceptive material;
(iii) material which the User does not have a right to upload, post, email or otherwise transmit, such as material which is protected by copyright, patent, trade mark, service mark, or any other proprietary right, without first obtaining express permission from the owner of the material or relevant right holder and providing with the material appropriate acknowledgement of existence of the right and the permission of the right holder; or
(iv) material which contains a virus, or other harmful or potentially harmful code;

(g) alter, damage or delete any material on the Website;
(h) hold yourself out as having any authority to act on behalf of us; or
(i) collect or store personal information about other users in a manner which is inconsistent with these Terms and Conditions of Use

2. Users must obey any lawful instruction of Vastview in using the Website.
3. Users consent to Vastview use of transaction monitoring and fraud detection techniques to ensure the integrity of the Website.

5 .    Accounts

1. Users consent to Vastview use of transaction monitoring and fraud detection techniques to ensure the integrity of the Website

Account names must not be:
(a) misleading or deceptive;
(b) offensive;
(c) in violation or any law or third party rights.

2. Users must obey any lawful instruction of Vastview in using the Website.
3. Users consent to Vastview use of transaction monitoring and fraud detection techniques to ensure the integrity of the Website.

6 .    Asset Listings

1. Vastview will set the price for the licensing of each Asset submitted.
2. Assets are the Intellectual Property of Vastview and each Asset will be licensed in accordance with the EULA.
3. Vastview may at its sole discretion for any reason or no reason, terminate any Listing at any time without notice to you.
4. Vastview will take reasonable steps to ensure, but does not warrant or represent that:

(a) Each Asset submitted is:

(i) created by the Vastview;;
(ii) fully licenseable;
(iii) free of any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any software or hardware, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
(iii) not offered for licensing in breach of any terms and conditions applicable to that Asset.

(b) In offering a Licence for sale via the Website, Vastview is complying with all applicable laws, regulations and codes of practice including, but not limited to, consumer or other legislation which regulates the activities of the Vastview or which may be applicable to the resale of any Licence within any relevant territory, state or country; and

7 .     Buying a Licence for an Asset

1. Users should carefully read the full Listing details and the EULA for each Asset and Licence before buying a Licence.
2. Users click to buy a Licence, enter and/or confirm payment information and confirm the purchase of the Licence. Upon confirming a purchase, the User is committing to a contractual obligation to buy the selected Licence for the Price, and to make such additional payments as may be required, including those imposed by Vastview, its payment partners and the User’s financial institution.
3. Licence Prices displayed on a Listing are exclusive of all applicable GST, and may be subject to third party transaction fees.
4. All payments must be made, and will be taken, in Australian dollars.
5. To the fullest extent permitted by law (and subject to rights under the Australian Consumer Law) all Licence purchases are final and no refund or exchanges will be provided by Vastview.
6. Nothing in this clause 7 is intended to limit, or limits, any rights Users may have under the Competition and Consumer Act 2010 (Cth) (including under the Australian Consumer Law set out in Schedule 2 of that Act) or any other applicable consumer law.
7. Users may raise a dispute on the following grounds:

(a) The Asset does not match the information provided on the Listing;
(b) The Asset is invalid or defective; or
(c) The User is not permitted to use the Asset on the basis of the authenticity or validity of the Asset.

8. Users shall not raise a dispute where:(a) The Asset matches the information provided on the Listing;

(b) The Asset is valid, but cannot be used by the User due to an incompatibility or limitation of the User’s software or hardware;
(c) The User is not permitted to use the Asset on some other basis apart from the defective nature of the Asset, its authenticity or validity;
(d) The Asset provided did not meet the User’s expectations;
(e) The User was subject to an additional fee or charge in relation to the Asset or the use of the Asset where the possibility of an additional fee or charge was disclosed in these Terms and Conditions of Use or the Listing.

9. Notices of disputes must be made to Vastview as soon as is reasonably practicable but no later than 48 hours after the Asset has been discovered to be affected by a matter set out in 7.7.

8 .    Privacy

1. Users agree that their personal information will be collected, handled, used and stored in accordance with Vastview Privacy Policy, which can be accessed at www.ue4asset.com.au
   
2. Without limitation to the terms of Vastview Privacy Policy, users agree to the collection and storage of the following personal and sensitive information, including:

(a) Identifying information such as name and date of birth;
(b) contact information such as home address, home and mobile phone numbers and email address;
(c) financial information, such as bank account and credit card details; and
(d) information about involvement in other programs you participate in or memberships you may have..

3. Vastview may use personal information collected from Users to provide Users with information, updates and our services. Vastview may also make Users aware of new and additional products, services and opportunities available to Users, provided by Vastview, our partners, service providers and customers. Vastview may use Users’ personal information to improve our products and services and better understand Users’ needs.
4. Vastview may contact Users by a variety of measures including, but not limited to telephone, email, sms or mail.
5. Vastview may disclose a User’s personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers, service providers customers or subcontractors insofar as reasonably necessary for the purposes set out in Vastview’s Privacy Policy. Personal information is only supplied to a third party when it is required for the delivery of our services, or for marketing purposes.

9 .    Users’ Intellectual Property

All material and content posted or submitted by a User on the Website are the intellectual property of that User. However, each User grants a free and irrevocable licence in perpetuity to Vastview and its assigns and successors to use any part or the whole of any intellectual property, in any form, for any purpose it deems fit, including for advertising and marketing of the Website or any other products and services offered by Vastview, its related bodies corporate, partners, advertisers, suppliers or contractors.

10 .     No warranties and limitation of liability

1. To the extent permitted by law, Vastview excludes all representations and warranties, express or implied, other than those contained in these terms and conditions. Where Vastview is found to be liable for breach of any warranty or condition implied by statute and which it cannot lawfully exclude (such as under the Competition and Consumer Law Act 2010 (Cth)), Vastview’s liability is limited (to the extent permitted by law) at its option to the following:

(a) in the case of goods supplied or offered by it:
(i) to the supply of those goods again; or
(ii) to the payment of the cost of having those goods supplied again; or
(b) in the case of services supplied or offered by it:
(i) to the supply of the services again; or
(ii) to the payment of the cost of having services supplied again.

2. Vastview, its related bodies corporate, its directors, and its employees accept no liability for any loss (including loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction), or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of:

(a) a User’s use of or inability to use the Website or an Asset,
(b) any virus or other harmful, or potentially harmful, code which may be transmitted in connection with use of the Website or an Asset;
(c) any information available on or through the Website or on or through any website to which there is a link from the Website; or
(d) Vastview negligence or the negligence of any of its related bodies corporate, directors, officers, shareholders, employees, provider institutions or agents.

3. Users indemnify Vastview, its related bodies corporate, their officers and employees, and service providers) from and against all:

(a) liability to any third party;
(b) damage to property; and
(c) other liability, damage or loss; insofar as the injury, damage or other liability, damage or loss is attributable to that User’s negligence, breach of these terms and conditions, or unlawful or wilful action in connection with these terms and conditions, their performance, or the failure to perform them.

11 .    Revisions and Errata

The materials appearing on Vastview website could include technical, typographical, or photographic errors. Vastview does not warrant that any of the materials on its website are accurate, complete, or current. Vastview may make changes to the materials contained on its website at any time without notice. Vastview does not, however, make any commitment to update the materials.

12 .    Links and Advertising

Vastview has not reviewed the sites linked to or from the Website or third party advertising. All links and advertising provided are for Users’ convenience only, and Vastview is not responsible for the content of any such linked site or advertising. The inclusion of any link or advertising does not imply endorsement by Vastview of the site. Use of any such linked website or advertising is at the User's own risk.

13 .    Website Terms of Use Modifications

Vastview may revise these terms of use for its website at any time without notice. By using this Website, Users agree to be bound by the then current version of these Terms and Conditions of Use.

14 .    Governing Law

Any claim relating to these Terms and Conditions of Use or the use of the Website or Services shall be governed by the laws of the State of Victoria, Australia without regard to its conflict of law provisions, and Users agree to submit to the jurisdiction of the Courts of that State.

15 .    Severance

If any provision of these Terms and Conditions of Use is held invalid, unenforceable, or illegal for any reason, these terms and conditions remain otherwise in full force and effect apart from such provision which will be read down to the extent of the invalidity, unenforceability or illegality, and if it is not possible to read down the provision it, will be deemed deleted.

16 .    Definitions

Account has the meaning set out in 5.1. Asset means any software asset created by Vastview that is available under a Licence to Users
including three dimensional representations or model assets, and textures and in particular, high quality 3D assets optimized and ready to be used in the Unreal engine environment. Intellectual Property includes trademarks, patents, copyrights, processes know-how, registered designs or other like rights or any right to apply for registration of any of the former. Licence means a licence granted to use an Asset in accordance with Vastview’s EULA as amended from time to time. Listing means a listing on the Website displaying the Asset and related information including the price of the Licence, descriptions and links to a download of the Asset. Price means the price set by Vastview for the licensing of an Asset in accordance with the EULA. Website means the domain http://www.ue4assets.com and all sub-domains.
Services means the provision of a platform for the purchase of Licences to Assets. User means any person accessing the Website or Services provided by Vastview, and any person that purchases a Licence.