This is a legally binding agreement between (“you”) and ForgeHub Ltd. ("ForgeHub", “Forge”, "we", “our” or "us") regarding your use of the site. “You” refers to the entity bound by these Terms and Conditions (“Terms”), whether that is a natural person who must be at least 18 years of age, or a corporate entity. By registering with us, or by using our Site, you agree to be bound by these Terms of Use (the "Agreement,") which we may update from time to time. Your continued use of the Site constitutes your consent to such changes. Please read this agreement carefully and check these terms and conditions periodically for changes. If you do not agree to these terms and conditions, you may not use our Site.
1.1 “ForgeHub” includes ForgeHub Ltd, affiliates and partners that distribute User Contents on behalf of ForgeHub Ltd.
1.2 “User Content” is the collection of one or more digital files packaged in the form of a product on the Site, and that is uploaded by you, or otherwise made available to you, for purchase on the Site. A User Content may include 3D models, texture maps, motion captures, photographs, imagery, software, materials and shaders, shapes and vector graphics, sound effects, stock music, and videos. Additionally, a User Content may include a number of individual files of different file formats as well as images or other files that are used for promotional and advertising purposes.
1.3 “Site” refers to the ForgeHub website, APIs, software applications or any approved means or utility either currently in existence or in the future; the software and source code used by ForgeHub to provide such services; user interface layouts, designs, images, text, knowledge base articles, program offers; and all other intellectual property protected under copyright, trademark, patent, publicity, or any other proprietary right.
1.4 “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.
2.1 Account. A ForgeHub account is required in order to take full advantage of our Site and User Content. The account can be created directly by filling out the appropriate form. To register for an Account, you must be and hereby represent that you are a legal entity or an individual 18 years or older who can form legally binding contracts. You agree to provide only accurate and true information in connection with the creation of your account, and to update your information as necessary so it remains accurate and current. You may not transfer your account to any third party. You agree to store all passwords and usernames securely. You are responsible for keeping your account login information confidential and for any and all activities that occur under your account. You agree to notify us immediately if you suspect or become aware of any unauthorised use of your account or other breach of security. You agree to accept responsibility for activity that occurs under your account. Please note that ForgeHub retains the right at any time to deactivate, reallocate or rename your username at its sole discretion. In the event of the deactivation, reallocation or renaming of your username all your User Content shall continue to remain associated with your account, subject to the terms of this Agreement.
2.2 Ownership. Except as expressly licensed to you in these Terms, and in other agreements provided to you by ForgeHub such as those regarding User Content, ForgeHub and the owners of the User Content retain all ownership, right, title, and interest in and to the services provided by ForgeHub, including the Site and all User Content.
2.3 Access. We may, in our sole discretion, refuse to offer the use of the Site to any person or entity. We may, in accordance with this Agreement, terminate your right to use the Site, or any portion of thereof, and block or prevent your future access to and use of the Site or any portion thereof.
2.4 Unauthorised Use. If you use the Site or User Contents in an unauthorised way, ForgeHub may terminate your account and pursue other penalties, damages, losses, and profits to which ForgeHub is entitled under this agreement or at law or equity. You may terminate these Terms at any time by ceasing to use the Site
The following uses of the Site are explicitly prohibited: -
3.1 General. By using our Site, you will encounter "ForgeHub Content," which includes all the images, text, information, data, audio, video, graphics and other material included on or otherwise made available through our Site, excluding User Content. Except as otherwise set forth in this Agreement, we do not claim ownership or liability with respect to any User Content that you submit when using the Site.
3.2 Your User Content. By submitting User Content, you represent and warrant that: -
4.1 You acknowledge and agree that ForgeHub may, in its sole discretion, arbitrate disputes between the Site’s users involving the Site or User Contents, and such findings shall be final and non-appealable. Either party may request that ForgeHub arbitrate the dispute, or ForgeHub may elect, at its option, to arbitrate the dispute. To resolve disputes, ForgeHub may decide to terminate or suspend users, offer replacement User Contents, or surrender or reallocate fees. 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.
4.2 Notice. Any notice under this agreement shall be via email to support@forgehub.net, provided you receive an acknowledgement email from a ForgeHub employee or 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:
ForgeHub Ltd Tramshed Tech Pendyris Street Cardiff CF11 6BH Wales United Kingdom
5.1 Purchases. You represent and warrant that you have the legal right to use any bank accounts, PayPal accounts, credit cards or debit cards that you use to pay for the User Content. You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
5.2 Limitation of Liability
I. The Site is provided on an “as is”, “as available”, and “with all faults” basis. ForgeHub 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.
II. 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.
III. To the fullest extent permitted by law, ForgeHub shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including loss of profits, revenue, business, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Site, even if ForgeHub 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.
5.3 Indemnity. You agree to indemnify and hold ForgeHub and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, licensee, suppliers, alliance members, other partners, employees and representatives ("ForgeHub 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.
6.1 Applicable Law. This agreement is governed by and construed in accordance with the laws of England and Wales. Any action or proceeding arising out of or related to this agreement must be brought in a court located in England and Wales 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 including e-mail messages.
6.2 Agreement, along with our Privacy Policy, represents the entire agreement between ForgeHub and the User with respect to the provision of the Site and User Content, and all prior representations and understandings, whether written or oral, are excluded. No delay or omission by ForgeHub in exercising any of its rights occurring upon any noncompliance or default by any User with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by ForgeHub of any of the covenants, conditions or terms to be performed by a User will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or terms hereof contained. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then the Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. You agree that the electronic text of this Agreement constitutes a writing, and your assent to the terms and conditions hereof constitutes a "signing" for all purposes. You consent to receive communications from us electronically, and you agree that we may communicate with you by email. You agree that all agreements, notices, disclosures and other communications that we provide to you, or that you provide to us, electronically satisfy any legal requirement that such communications be in writing.
The effective date of these Terms of Use is October 6th, 2018.