1. Introduction
Welcome to the online texture library ("Service") of M-XR. By accessing our Service, you are agreeing to abide by these Terms of Use. If you do not agree to these terms, you must refrain from accessing or using our Service.
2. Purpose and Use of the Service
- Intended Users and Purpose:
The Service is designed and intended for use by professionals such as 3D artists, designers, and creators, particularly within sectors such as gaming, fashion, film, architecture, and other related fields ("Intended Users"). The primary purpose of the Service is to provide a platform for these Intended Users to download, test, and evaluate the quality of our textures and materials within their 3D applications.
- Non-Commercial Use:
The Service is provided exclusively for non-commercial use. Any data, textures, materials, or other content ("Data") obtained from the Service must not be used for commercial purposes. This includes, but is not limited to, selling, leasing, licensing, distributing, or otherwise monetizing the Data or any product or service that incorporates the Data.
- Evaluation and Testing:
You may use the Data for the purposes of evaluation and testing within your 3D applications. Such uses include reviewing the quality, adaptability, and compatibility of our textures and materials within your workflows, projects, or applications. However, any final products, prototypes, or services developed using the Data for testing or evaluation must not be used for commercial purposes.
- Restrictions on Sharing:
You must not share, distribute, or make the Data available to any third party, including colleagues, clients, or other entities, without M-XR's express written consent. The sharing restriction includes posting or publishing the Data on any public or private forum, social media platform, or other digital or physical mediums.
- Violations:
Any violation of these usage rules, including unauthorised commercial use or sharing of the Data, will be considered a serious breach of these Terms of Use. Violations may result in termination of your access to the Service, legal action, and/or other remedies as available under the law.
3. Intellectual Property Rights
All textures, materials, and any related information ("Content") available for download from the Service are the exclusive property of M-XR. We own all rights, titles, and interests in and to the Content. The Content is protected by copyright laws, trademark laws, and other intellectual property rights.
- Ownership of Content:
All textures, materials, and any related information, including images, graphics, data, software, databases, algorithms, models, designs, features, and functionality (collectively referred to as "Content") available for download from the Service, are the exclusive property of M-XR.
- No Transfer of Rights:
Accessing our Service and downloading the Content does not provide you with ownership or substantial rights to the intellectual property in the Content. Your use of the Service and any Content does not grant or transfer to you any rights to use the intellectual property in the Content, beyond the limited right to use it as expressly permitted in these Terms of Use.
- No Removal of Notices:
You may not remove, obscure, or alter any copyright, trademark, or other proprietary rights notices appearing on any Content you access or download. All trademarks, logos, trade names, and service marks displayed on the Service are the property of M-XR or their respective owners and must not be used in any manner without the prior written consent of M-XR or the applicable third party.
- Infringement:
Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms and may also violate copyright, trademark, and other laws. If you use the Content in a way that is not clearly allowed by these Terms of Use, you are infringing upon the intellectual property rights of M-XR, and we reserve the right to prosecute such infringements to the fullest extent of the law.
4. Attribution and Misrepresentation:
- Required Attribution:
Unless expressly permitted in writing by M-XR, any use or display of the Content must be accompanied by clear and conspicuous attribution to M-XR. This attribution should be of such a nature that it does not suggest that M-XR endorses or is affiliated with the uses the user makes of the Content.
- Prohibition Against Misrepresentation:
You are expressly prohibited from claiming, suggesting, or implying that you are the creator or owner of the Content, or that the Content is the product of anyone other than M-XR. Misrepresenting the origin or ownership of the Content is a violation of these Terms of Use and may also constitute a violation of copyright laws, trademark laws, or other intellectual property rights.
- Consequences of Violation:
Any violation of this Attribution and Misrepresentation clause will be considered a serious breach of these Terms of Use and may result in termination of your access to the Service, legal action, and/or other remedies as available under the law.
5. Restrictions on Use
You may not:
- Use the Content for any commercial purposes;
- The Content provided by our Service is intended solely for non-commercial use. This means you are not allowed to use the Content to generate revenue, profit, or other forms of economic benefit, either directly or indirectly. This includes, but is not limited to, the use of the Content in the creation, production, or provision of goods or services that are sold, rented, or otherwise provided in exchange for economic benefit.
- Direct commercial use includes, but is not limited to, the selling or renting of the Content, or using the Content in advertisements, promotions, or marketing efforts that directly generate revenue or profit.
Indirect commercial use includes, but is not limited to, using the Content to enhance the value of a product or service that is sold or rented, incorporating the Content into a product or service that is sold or rented, or using the Content in a manner that increases or is intended to increase the sales or rental of a product or service.
- You may not transfer, distribute, or otherwise make the Content available to any third party for commercial use. This includes, but is not limited to, reselling or redistributing the Content, or providing the Content as part of a service that is sold or rented.
- Re-sell, re-distribute, or share the Content in any manner;
- You are expressly prohibited from re-selling or re-distributing any Content acquired from our Service. This includes, but is not limited to, offering the Content for sale, rent, or trade, providing the Content as part of a subscription service or package, or disseminating the Content to the public or any third parties, either for free or in exchange for compensation.
You are not allowed to share the Content or make it available to third parties outside of the direct, non-commercial, intended use within your own 3D applications. This prohibition includes, but is not limited to, sharing the Content with other users, distributing the Content across networks or platforms, or uploading the Content to any form of cloud, server, or other forms of data storage that can be accessed by others.
You are also prohibited from sharing your access credentials, including but not limited to passwords, tokens, keys, or other forms of authentication, for the Service with any individuals or entities not directly authorised by M-XR. You are responsible for maintaining the confidentiality of your access credentials and for all activities that occur under your account.
- Share your password or access to the Service with anyone not directly authorised by M-XR;
- Your access to our Service is granted solely to you, and may not be transferred to any other individual or entity without the express written consent of M-XR. This includes, but is not limited to, sharing your username, password, access tokens, or any other form of authentication used to access our Service.
- You are responsible for safeguarding your access credentials for the Service, and for any activity that occurs under your account. Should you suspect any unauthorised access to your account, it is your responsibility to notify M-XR immediately.
- It is strictly prohibited to use the Service if you are not the person or entity to whom M-XR has directly granted access. If access has been shared with you by any individual or entity other than M-XR, your use of the Service is considered unauthorised.
- unauthorised use of the Service, including the unauthorised sharing of access credentials or unauthorised access to the Service, will be considered a serious breach of these Terms of Use. Violators may face termination of access to the Service, legal action, and/or other remedies as available under the law.
- Use of Content for Machine Learning and Artificial Intelligence
- You are strictly prohibited from using any Content acquired from our Service, either directly or indirectly, for the purpose of training, testing, development, or refinement of any machine learning models or artificial intelligence systems, regardless of the machine learning methodology or AI technique used. This includes, but is not limited to, supervised learning, unsupervised learning, deep learning, reinforcement learning, and neural network paradigms.
- The prohibition against machine learning and artificial intelligence use extends to both the raw form of the Content and any transformations, modifications, or derivatives of the Content. This includes, but is not limited to, using transformed or modified Content for the purpose of creating synthetic data, augmenting existing data, or any other form of data manipulation for machine learning or artificial intelligence purposes.
You may not use the Content to indirectly train machine learning models or artificial intelligence systems by incorporating the Content into a larger dataset or by using the Content to influence or guide the development or training process of any machine learning models or artificial intelligence systems.
- Use the Content for the development, training, or augmentation of any machine learning models or artificial intelligence;
- Direct or indirect usage of any Content obtained from our Service for the purpose of development, training, augmentation, or any other application related to machine learning models, artificial intelligence, or any similar or related technologies is expressly prohibited. This prohibition applies regardless of whether such uses are for commercial or non-commercial purposes.
- This includes, but is not limited to, using the Content to create training data for machine learning models, integrating the Content into any artificial intelligence system, using the Content for algorithmic learning, or contributing to the creation or enhancement of machine learning models or artificial intelligence in any form.
Prohibited uses also extend to instances where the Content is used within a render engine or other software or technology to indirectly create training data for machine learning or artificial intelligence models, regardless of the degree of augmentation or transformation of the original Content.
- Any use of the Content, either directly or indirectly, that results in the creation, development, training, or enhancement of machine learning models, artificial intelligence, or any related or similar technologies, is considered a violation of these Terms of Use.
- Infringe on M-XR's copyright or any other intellectual property rights related to the Content;
- You must respect all intellectual property rights of M-XR associated with the Content, including but not limited to copyrights, patents, trademarks, or trade secrets.
Any actions that infringe upon M-XR's intellectual property rights, including but not limited to the unauthorised use, duplication, distribution, sale, or creation of derivative works of the Content, are strictly prohibited.
- The use of any Content in a way that infringes on M-XR's intellectual property rights is a serious violation of these Terms of Use and may result in termination of access to the Service, as well as legal action and/or other remedies as available under the law.
- Reverse-engineer or attempt to extract the source code from the Service or any part thereof, unless applicable laws prohibit these restrictions.
- M-XR's Service, including all software, features, functionalities, databases, algorithms, user interfaces, graphics, designs, and other associated components (collectively referred to as the "Service Components"), are proprietary to M-XR.
- Unless explicitly permitted by applicable law or expressly authorised by M-XR in writing, you are prohibited from reverse-engineering, decompiling, disassembling, decoding, decrypting, or attempting to extract the source code from any part of the Service Components.
This prohibition extends to any attempts to discover, bypass, undermine, or compromise any security measures employed by M-XR to protect the Service Components, or to discover or exploit any vulnerabilities in the Service Components.
- You are also prohibited from interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service.
Any form of data mining, robots, or similar data gathering and extraction tools on the Service, as well as any other non-personal viewing, copying, or distribution of the Service Components is strictly prohibited.
- Attempting to modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service, save to the extent applicable laws specifically prohibit such restriction, is also prohibited.
Violations of this clause, including any attempts to interfere with the Service, reverse engineer the Service or extract its source code, will be considered a serious breach of these Terms of Use and may result in termination of your access to the Service, legal action, and/or other remedies as available under the law.
5. Confidentiality
By downloading Content from the Service, you acknowledge that the Content constitutes valuable trade secrets of M-XR. You agree to maintain all Content in confidence and to use it only for the purposes permitted under these Terms of Use.
- Recognition of Trade Secrets:
By accessing, viewing, or downloading any Content from the Service, you acknowledge and agree that the Content and certain information related to the Content (including but not limited to its composition, arrangement, and the technology used to create or display it) constitute valuable trade secrets of M-XR ("Trade Secrets").
- Confidentiality Obligations:
You agree to maintain all Trade Secrets in strict confidence. This includes, but is not limited to, not disclosing any Trade Secrets to any third party, not using Trade Secrets for any purpose not expressly permitted by these Terms of Use, and taking all reasonable precautions to prevent any unauthorised access, use, copying, publication, or dissemination of Trade Secrets.
- Permitted Uses:
The Trade Secrets may only be used for the purposes expressly permitted by these Terms of Use, which are limited to reviewing, evaluating, and testing the quality of the Content within your 3D applications for non-commercial purposes. Any other use of the Trade Secrets is strictly prohibited.
- Breach of Confidentiality:
Any violation of this confidentiality clause, including any unauthorised use or disclosure of Trade Secrets, will be considered a serious breach of these Terms of Use. In the event of such a breach, M-XR reserves the right to terminate your access to the Service, pursue legal action, and/or seek other remedies as available under the law.
- Surviving Obligations:
Your obligations to protect and not to use or disclose Trade Secrets survive the termination of these Terms of Use and your use of the Service. You agree to return or destroy all materials containing Trade Secrets upon termination of your use of the Service or at the request of M-XR.
6. Breach of Terms of Use
If we suspect or detect any breach of these terms, we reserve the right to terminate your access to our Service and to pursue any other legal remedies available under law.
7. Limitation of Liability
In no event will M-XR be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your access to or use of, or inability to access or use, the Service.
8. Updates to the Terms of Use
M-XR reserves the right to modify these Terms of Use at any time without prior notice. You are encouraged to check this page regularly. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes.
9. Governing Law
These Terms of Use and any dispute or claim arising out of or in connection with them shall be governed by and interpreted in accordance with the laws of the jurisdiction where M-XR is based.
10. Contact Us
For any queries or concerns about these terms, please contact us at info@m-xr.com
By using this Service, you agree to abide by these Terms of Use. If you do not agree to these terms, please refrain from using our Service.