Terms & Conditions
Basic T&C's
The following points are a brief summary of the full “TERMS OF USE”. The full “TERMS OF USE” should be read in its entirety before entering into the agreement.
- "we" / "us" refers to Bremar Automotion Australia Pty Ltd and all other parties connected to the ownership and operation of this website
- "you" refers to you and any user of this site or its content
- We own all content on this site and you can't copy, post, modify or sell any of it or portray it as your own
- All content including purchased files are provided as is and it's up to you to confirm accuracy for your intended application
- We cannot be held liable for ANY damages arising out of use of this site or content and you agree to indemnify us from any claim or damages
- Purchase of a file entitles you to download and use that file for your own purposes. It does not entitle you to share or resell that file even with modifications of your own.
TERMS OF USE
This is a legally binding agreement between (“you”) and Bremar Automotion Australia Pty Ltd 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.
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
“Bremar Automotion” includes Bremar Automotion Australia Pty Ltd, and all licensed affiliates and partners that distribute Stock Media Products on behalf of Bremar Automotion Australia Pty Ltd.
“Stock Media Product” is the collection of one or more digital files, images, or videos 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 Media Product 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 Media Product 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 (such as 3ds Max, Maya, and Cinema 4D), 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 Bremar Automotion Australia Pty Ltd 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 Bremar Automotion Australia Pty Ltd 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
1. General License to the Site.
a. Ownership. Except as expressly licensed to you in these Terms, and in other agreements provided to you by Bremar Automotion Australia Pty Ltd such as those regarding Stock Media Products, Bremar Automotion Australia Pty Ltd and the owners of the Stock Media Products retain all ownership, right, title, and interest in and to the services provided by Bremar Automotion Australia Pty Ltd, including the Site and all Stock Media Products.
b. Unauthorized Use. If you use the Site or Stock Media Products in an unauthorized way, Bremar Automotion Australia Pty Ltd may terminate your account and pursue other penalties, damages, losses, and profits to which Bremar Automotion Australia Pty Ltd 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 Media Products;
iii. Mining, hacking, probing, spidering, crawling, or scraping the Site or Stock Media Products, 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;
vii. Using the Site for recruiting purposes or to contact Bremar Automotion Australia Pty Ltd artists for any reason; or
viii. Sharing any privately or semi-privately communicated information associated with the Site 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.
2. Material Submitted by You. Bremar Automotion Australia Pty Ltd 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 Media Product (“forums”).
a. Bremar Automotion Australia Pty Ltd 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 Bremar Automotion Australia Pty Ltd that:
1. 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.
2. You will not use the Site except pursuant to the terms of this agreement.
IV. Limitation of Liability
1. The Site is provided on an “as is”, “as available”, and “with all faults” basis. Bremar Automotion Australia Pty Ltd 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.
2. 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.
3. To the fullest extent permitted by law, Bremar Automotion Australia Pty Ltd 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 Bremar Automotion Australia Pty Ltd 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.
4. You agree to indemnify and hold Bremar Automotion Australia Pty Ltd and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, licensee, suppliers, alliance members, other partners, employees and representatives ("Bremar Automotion Australia Pty Ltd 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
1. Entire Agreement. This agreement constitutes the entire agreement between you and Bremar Automotion Australia Pty Ltd, unless you have additional mutually agreed written license agreements with Bremar Automotion Australia Pty Ltd, such as the Royalty Free License, Publishing Agreement, or other corporate license. Corporate licenses are available with additional protections for additional fees. Please contact enquiries@bremarauto.com if your organization requires a corporate license. Bremar Automotion Australia Pty Ltd 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 Bremar Automotion Australia Pty Ltd representative.
2. Termination; Material Breach. Your breach of these Terms or other applicable policies or agreements with Bremar Automotion Australia Pty Ltd may result in Bremar Automotion Australia Pty Ltd terminating your access to the Site, without any liability to Bremar Automotion Australia Pty Ltd. 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 Bremar Automotion Australia Pty Ltd for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Bremar Automotion Australia Pty Ltd 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 Bremar Automotion Australia Pty Ltd seeks such an injunction.
3. 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.
4. Governing Law. This agreement is governed by Australian Consumer 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 Melbourne, Australia, 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).
5. Limited Internal User Arbitration. You acknowledge and agree that Bremar Automotion Australia Pty Ltd may, in its sole discretion, arbitrate disputes between the Site’s users involving the Site or Stock Media Products, and such findings shall be final and non-appealable. Either party may request that Bremar Automotion Australia Pty Ltd arbitrate the dispute, or Bremar Automotion Australia Pty Ltd may elect, at its option, to arbitrate the dispute. To resolve disputes, Bremar Automotion Australia Pty Ltd may decide to terminate or suspend users, revoke the license, offer replacement Stock Media Products, reestablish the licensee, or surrender or reallocate fees (whether by refund, charitable donation, or otherwise). Bremar Automotion Australia Pty Ltd 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.
6. Notice. Any notice under this agreement shall be via email to enquiries@bremarauto.com, provided that you receive an acknowledgement email from a Bremar Automotion Australia Pty Ltd 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.
Bremar Automotion Australia Pty Ltd,
PO Box 5072, Mordialloc
VIC 3195 Australia
7. Assignment. Bremar Automotion Australia Pty Ltd 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 Bremar Automotion Australia Pty Ltd’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 Bremar Automotion Australia Pty Ltd, which will not be unreasonably withheld.
8. 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 October 23, 2018.