EULA and Distribution Agreement
Godot Marketplace EULA and Distribution Agreement
By using, purchasing or distributing content using this platform you agree to the following terms and conditions. Please read this agreement careful before using the services.
The Godot Marketplace is in no way affiliated with the “Godot Engine” (https://godotengine.org), Juan Linietzky, Ariel Manzur or the Godot Engine contributors. The VisCircle GmbH (“VisCircle) owns and operates the Godot Marketplace.
The Godot Marketplace is a platform for third-party content creators (“Providers”) to offer their content to the end-users (“Customers”). Intended Customers are mainly game and application developers, both professional and hobbyist. Neither party is affiliated with VisCircle.
As the Marketplace is merely a way for Providers and Customers to sell and buy digital content, the Provider is solely and exclusively responsible and liable for their content. The Customer is solely and exclusively responsible and liable for the use of the content. VisCircle does not provide a warranty for the content hosted in the Godot Marketplace. VisCircle may act as Provider as well.
Changes to this Agreement
This agreement may be modified by VisCircle at any time. By using the Godot Marketplace of any affiliated service to agree the latest version of the terms and conditions in this agreement. You may not use or continue to use the Godot Marketplace in any fashion if you do not accept the latest version of the agreement. You accept these terms and conditions for all users that belong to you as a legal entity, including but not limited to employees of a company.
Providers and Customers
For the proper operation of the Marketplace and the connected transactions, Providers and customers are required to sign up an account for the Marketplace. Personal data and billing information is required for the registration process
You agree to use and access the Godot Marketplace according to the Godot Marketplace EULA and the Distribution Agreement and applicable law. Furthermore, you agree not to interfere or disrupt the operation of the Godot Marketplace. That includes, but is not limited to the website, the payment services, Godot Marketplace accounts and content form Providers.
Both as Provider and Customer you must to have reached the age of consent to be allowed to use the Godot Marketplace.
VisCircle may stop providing content at any time, for any duration (even permanently) and for specific or unspecific users and groups. You agree to promptly remove the content from you PC or any other means of storage, if requested by VisCircle.
Governing Law and Consent to Jurisdiction and Venue
Governing Law. This agreement, and any dispute arising out of the Godot Marketplace EULA and Distribution Agreement, shall be governed by German law. All parties agree that all disputes arising from or in connection with this Agreement shall fall exclusively within the jurisdiction of the courts in Hannover, Germany.
License for Commercial and Free Content
Content acquired from the Godot Marketplace may be used in the creation of games or applications. While not intended to be used this way, you may use content for renderings and animations. Granted you convert the content yourself, you are free to use the content with other 3d engines or tools, besides the Godot engine. You may not sell or make it freely available, sublicense, share, lend, rent or knowingly circumvent the intended payment model between Customer, Provider and VisCircle in any other way. Unless stated otherwise, licenses are payed for per-seat. The costs are to be covered by the licensee and may not be split or shared.
Content from the Godot Asset Library
Some of the content in Godot Marketplace may be linked for the Godot Asset Library. This content is not owned or hosted by VisCircle and should include a LICENSE file. Please refer to this file for the license details. VisCircle is not liable or responsible for this content, nor do we provide any form of warranty for it. The Godot Marketplace is merely linking to this content. Do not download this content if you do not agree to these terms.
Termination
If you wish to delete your account as Customer or Provider, you can do that at any point by contacting us via mail. VisCircle will handle your request in a reasonable amount of time.
Your access and uploaded content may at any time and without explanation and prior notice, be terminated and removed/disabled by VisCircle. Reason for the termination by be a violation of this Agreement or hateful/harmful behavior on the Godot Marketplace. However, no reason is reason is required for the termination.
Indemnification
You agree to indemnify, pay the defense costs of, and hold harmless VisCircle, its affiliates, and their respective officers, shareholders, partners, representatives, agents and employees from any and all liability, loss, damages, claim and expense (including reasonable attorney’s fees), related to or arising from your violation of the Godot Marketplace EULA and Distribution Agreement, your use or misuse of the Godot Marketplace website and/or content, or the infringement of any intellectual property or other right as a result of the content or your use of the content. In case you legally prohibited from following the indemnification responsibility, you agree to assume full liability for all above stated claims and demands (including reasonable attorney’s fees).
Providers
By posting content on the Godot Marketplace, you grant VisCircle a non-exclusive, worldwide, and perpetual license to the content you are uploading to the Godot Marketplace along with the connected meta information that is required for the product page, including but not limited to screenshots/images and content description. You expressly allow VisCircle to host and distribute this content for you.
You agree that your content follows the Submission Guidelines and is in compliance with applicable law and regulations.
An asset may only be uploaded by the party that has the necessary rights and is legally allowed to do so. You may not upload content that violates the rights of any other party or law or regulation.
Payment
Payments by Customers will be deducted by German VAT and depending on the payment method transaction cost. VisCircle receives 30% of which 10% are to be donated to the Godot Engine project. After these cuts the remaining total is added to the balance of the Provider of the bought product.
Financial transactions will be handled via PayPal. Payouts for Providers are possible starting at $150 total and can be initialed by the Provider. At its own discretion, VisCircle may change the means of payment options for Customers and Providers, as well as the payment terms to Providers.
You agree that you are not entitled to any other means of payment options, other than the choices VisCircle is offering at any point in time.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR (AND THAT VISCIRCLE IS NOT RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR) THE CONTENT DISTRIBUTED THROUGH THE GODOT MARKETPLACE AND FOR THE CONSEQUENCES. THAT INCLUDES ANY KIND OF DAMAGE CAUSED, INCLUDING BUT NOT LIMITED TO THE LOSS OF DATA, DAMAGE TO SOFTWARE OR HARDWARE AND THE LOSS OF PROFITS. VISCIRCLE HAS EXPLICITY WARNED ABOUT THE POTENTIAL RISKS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT VISCIRCLE IS NOT LIABLE OR RESPONSIBLE FOR CONTENT FROM THE PROVIDERS NOR FOR ANY KIND OF DAMAGE CAUSED BY THIS CONTENT.
Customers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE MARKETPLACE IS AT YOUR SOLE RISK AND THAT THE MARKETPLACE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.
VISCIRCLE DOES NOT WARRANT THE FOLLOWING:
- MISREPRESENTATION OF THE CONTENT, INCLUDING BUT NOT LIMITED TO THE VISUAL QUALITY, FUNCTIONALLITY, COMPATIBILITY AND GENERAL QUALITY.
- THAT THE CONTENT IS FREE FROM ERRORS OR BUGS AND THE CORRECTION OF THESE ISSUES.
- THE CONTENT IS NOT POTENTIALLY HARMFUL OR FREE OF ERRORS.
IN ADITION VISCIRCLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EITHER FOR CONTENT DIRECTLY DOWNLOADED FROM THE GODOT MARKETPLACE OR ELSEWHERE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR (AND THAT VISCIRCLE IS NOT RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR) FOR THE USE AFTER AQUIRING CONTENT FROM THE GODOT MARKETPLACE.
PLEASE TAKE NOTE THAT ALL SALES ARE FINAL AND THAT VISCIRCLE DOES NOT OFFER REFUNDS. HANDLING REFUNDS IS THE RESPONSIBILITY OF THE PROIVDERS.
Submission Guidelines
By submitting Content to the Godot Marketplace you agree to follow these terms and conditions. Providers are shaping the user experience together with VisCircle and therefore need to follow these rules to give users the best possible experience and assure the quality in and of the Godot Marketplace itself.
Your content may not direct Customers to other stores or platforms similar or in direct competition to the Godot Marketplace unless expressly permitted by VisCircle.
You may publish your content elsewhere with one restriction. Your content in this form or similar form may not be sold elsewhere for a lower price or for free. Customers of the Godot Marketplace should always have the best possible user experience. They should not be put in a position where they have to worry about the quality of a deal. This ultimately should also be in the interest of the Providers on the Godot Marketplace.
You may not publish content that:
- you are not authorized release
- that violates copyright, trademarks, patents
- violates applicable laws or regulations
- does not follow licensing terms of third-party content, included within your product
- includes or is a commercial online service and/or requires the Customer register a separate account and/or pay separately or in addition to the original product
- circumvents the payment system
- in any way intends to harm the Godot Marketplace, the Customers or other Providers
- is not fully unlocked or forces any sort of restriction on the Customer
- is inappropriate either by being hateful or harmful towards groups or individuals for any kind or reason
- is features overly sexual or violent/gory content
- is misleading in any way by implying or being deliberately unclear about being an “official” or branded product, when it is not
- cannot be connected to you as Provider because your account is incomplete or your information is outdated
The above applies to the full extent of your content, including all material from the product page and the promotional images in the Godot Marketplace, linking to your product.
The Godot Marketplace may offer special deals at any time. You agree to take part in any special offer without having to sign up for each sale.
Special offers run for a limited period of time. You content may never be offered for free if it has not been free before anyway. The maximum discount that can be offered is 75%. VisCircle may select or exclude products from special offers at its own discretion.
Severability
If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
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