Terms of Service

Effective Date: September 17, 2014

Last Updated: August 22, 2024

For Help or to access our FAQ pages: https://support.pixelfindr.io/en/

THIS TERMS OF USE AGREEMENT (THE "TERMS") GOVERNS YOUR USE OF THE WEBSITES OF DISTRIBUTED CREATION INC. ("PIXELFINDR", "WE" or "US"), INCLUDING, WITHOUT LIMITATION, WWW.PIXELFINDR.IO (COLLECTIVELY, THE "WEBSITE"), PIXELFINDR'S DIGITAL APPLICATIONS (EACH, AN "APP"), AND ANY SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE OR APPS AND ASSOCIATED SOFTWARE MADE AVAILABLE THROUGH THE WEBSITE AND APPS (COLLECTIVELY, WITH THE WEBSITE AND APPS, THE "SERVICE"). BY ACCESSING OR USING THE SERVICE, CLICKING ON THE "I ACCEPT" OR SIMILAR BUTTON, AND/OR COMPLETING THE REGISTRATION PROCESS, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY THE AGREEMENT (AS HEREINAFTER DEFINED). IF YOU ARE NOT ELIGIBLE (SEE BELOW), OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE AND YOU MAY NOT ACCESS OR USE THE SERVICE.

PLEASE BE AWARE THAT SECTION XIV (DISPUTE RESOLUTION AND ARBITRATION AGREEMENT) OF THESE TERMS, BELOW, CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THE AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SERVICE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THE AGREEMENT AND SHALL NOT APPLY IN ANY INSTANCE.

I. Introduction and Eligibility

Please read these Terms carefully before using the Service. Your use of, and participation in, the Service may be subject to additional terms for specific PixelFindr products, or tools such as PixelFindr Plugins, as further described below. You may be presented with supplemental terms and conditions for your acceptance when you sign up to use a supplemental feature of the Service ("Supplemental Terms"). Without limiting the foregoing, certain materials, tools, or components of the Service made available through the Service (including premium add-ons and Plugins) may be subject to license terms and conditions that are different from those set forth herein. Any such terms and conditions will be identified for such materials, tools, or components of the Service, and by downloading same, you agree to be bound by and comply with such Supplemental Terms.

If any provision in these Terms is inconsistent with any provision in the Supplemental Terms, the provision in the Supplemental Terms shall control with respect to the applicable Service for which the Supplemental Terms have been provided. The Terms and any applicable Supplemental Terms are hereinafter referred to herein as the "Agreement."

1. Revisions to the Agreement.

WE RESERVE THE RIGHT TO CHANGE THE AGREEMENT AT ANY TIME, IN OUR SOLE DISCRETION. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES. When changes are made, PixelFindr will make a new copy of the Agreement available on the Website and within the Apps, or otherwise posted through the Services. We will also update the "Last Updated" date at the top of these Terms. Any changes to the Agreement will be effective immediately for new users of the Service and on the stated Effective Date for existing Users (collectively, "Users"). PixelFindr may require you to consent to the updated Agreement in a specified manner before further use of the Service is permitted. In the event you do not agree to any change(s) after receiving such notice thereof, you must stop using the Service. Otherwise, your continued use of the Service constitutes your acceptance of such change(s).

2.1 Eligibility.

You must be at least 18 years old to create an account ("Account") on the Service. If you have obtained an Account solely through an enterprise or institutional license ("Enterprise License") (as further described in Section III(3) (Enterprise Accounts)), you must be at least 13 years old to use the Service. By accessing or using the Service or otherwise agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old, or if you are under the age of 18 you have obtained consent from a parent or legal guardian to use the Service; (b) you have not previously been suspended or removed from the Service; and (c) your use of the Service is in compliance with any and all applicable laws and regulations. If you are an individual representative of an entity, organization, or company, including those obtaining use of the Service through an Enterprise License as further described in Section III(3) (Enterprise Accounts), you represent and warrant that you have authority to bind such entity, organization, or company and those individuals who will be operating any Accounts to the Agreement and any order forms entered into between you and us.

2.2 Age Restrictions.

People who are 13 or older but under the age of majority where they reside may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by the Agreement. Children under 13 are not permitted to use the Service. If you know someone under the age of 13 using the Service, please let us know by emailing support@pixelfindr.io. If you are a parent or legal guardian of a child under 13 who has created an Account, please include any information, such as username, that will aid in identifying the account, to have the Account closed and personal information deleted.

II. The Service

1. General.

The Service offers a platform designed to provide you with resources to create, manage, and enhance game development projects. The Service is owned and operated by PixelFindr, and the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by PixelFindr are protected by intellectual property and other laws. In addition to the foregoing, all information, data, text, software, models, animations, textures, shaders, sounds, 3D assets, visual effects, and all other materials included and made available to you by PixelFindr in the Service are the property of PixelFindr or its third-party licensors (the "PixelFindr Property"). You may only use PixelFindr Property as provided herein, and PixelFindr reserves all rights to the PixelFindr Property not granted expressly in these Terms.

2. Your Use of the Service and PixelFindr Property.

Unless otherwise expressly authorized by PixelFindr in writing, including within the Service (e.g., for versions of PixelFindr assets that can be used commercially), we authorize you, subject to these Terms, to access and use the Service and the PixelFindr Property, at our discretion solely for your own personal or internal business purposes. Any other use is expressly prohibited.

3. PixelFindr Game Development Assets

PixelFindr engages talented 3D artists, developers, animators, and designers to create a highly curated and quality library of game development assets known to our Users as PixelFindr Assets. Our catalog of materials such as 3D models, textures, shaders, animations, sounds, scripts, and visual effects on the Service, i.e., materials made available for download through PixelFindr are collectively referred to herein as "Assets" and gives Users access to a fixed number of credits ("Credits") per month to redeem for downloads of Assets. Unless otherwise indicated through the Service, previewing or auditioning any Assets, organizing Assets into your personal collection and saving an Asset to "Your Assets" for future use, in each case without downloading an Asset, generally does not require a Credit. Once you redeem a Credit for an Asset, unless otherwise indicated through the Service, you may re-download that Asset an unlimited amount of times from PixelFindr without using additional Credits as long as you have an Account.

3.1 License and Ownership Terms for PixelFindr Assets

3.1.1 Your Use of Assets

Assets are licensed, not sold, to you. Upon your download of an Asset, you may obtain a copy of the license granted to you for that Asset (a "Certified License") for purposes of evidencing your download to a third party (e.g. distributors, publishers, game development studios, etc.) or otherwise. You may obtain a Certified License by accessing the "Your Assets" section of your Library, selecting the Asset(s) you wish to generate a Certified License for, and clicking the "Generate Certified License" option in the menu bar. A Certified License can be obtained for every Asset. The Certified License describes the terms of the license granted to you by PixelFindr in these Terms in connection with the use of any Asset in a New Game Project or Creative Work. For purposes of clarity, you may access your Library so long as you have an Account.

3.1.1.1 New Game Projects.

Subject to your compliance with the Agreement, we grant you a non-exclusive, non-transferable, perpetual right to use Assets you obtain through PixelFindr in combination with other assets to create new game projects (each a "New Game Project") for commercial and non-commercial purposes, except as prohibited below in Section 3.1.1.3. This means that you may modify, reproduce, publicly perform, distribute, transmit, communicate to the public, sublicense and otherwise use Assets as incorporated into a New Game Project. You (and/or any applicable third-party contributors or artists engaged by you in connection with the New Game Project) will own any original contributions made to the New Game Project that are not comprised of Assets (e.g., custom code, new character animations, or new environments). For the avoidance of doubt, you will not own the Assets themselves.

3.1.1.2 Creative Works.

Further subject to your compliance with the Agreement, we grant you a non-exclusive, non-transferable, perpetual right to use Assets you obtain through PixelFindr in other creative works, such as but not limited to, video games, simulations, virtual reality experiences, or other audiovisual media projects, used either in isolation or in combination with other assets (collectively, "Creative Works") for non-commercial and commercial purposes, except as prohibited below in Section 3.1.1.3. This means that you may modify, reproduce, publicly perform, distribute, transmit, communicate to the public, sublicense and otherwise use Assets as embodied in a Creative Work. You (and/or any applicable third-party contributors or artists engaged by you in connection with the Creative Work) will own any original contributions made to the Creative Work that are not comprised of Assets.

3.1.1.3 Prohibited Uses.

Notwithstanding anything to the contrary and with respect to both New Game Projects and Creative Works, you may not:

  1. sublicense the Assets in isolation as standalone items (even if you modify the Assets),
  2. use or sublicense Assets in a manner competitive to PixelFindr or its licensors,
  3. sublicense, sell, loan, share, lend, broadcast, rent, lease, assign, distribute, or transfer the Assets to a third party except as incorporated into a New Game Project or Creative Work,
  4. redistribute Assets in new asset packs,
  5. use any Assets or portions of Assets for the purpose of creating new assets,
  6. use the Assets without spending Credits unless such Assets have been designated for a promotion in which they are offered for no Credits,
  7. use the Assets as source or training material for generative or other artificial intelligence programs.

Additionally, you may not use the name, image, or likeness of any artist associated with an Asset in any way without that artist's express written permission. Prohibited uses include, but are not limited to, including the photo of an artist associated with an Asset when promoting your New Game Project or Creative Work and/or crediting the artist as a featured artist on, or other contributor to, your New Game Project.

3.2 Unoriginal Assets

We require that all Assets provided to us by our partners are original. If we learn that an Asset previously provided to you was not original to the provider, or we have a good faith reason to believe the Asset is not original, we may remove the Asset from the Service and may use reasonable efforts to notify you. If you have reason to believe that an Asset you obtained from PixelFindr is not original to the provider, please let us know by emailing copyright@pixelfindr.io (see our DMCA Policy in Section XVI below).

3.3 Fees and Billing for PixelFindr Assets

3.3.1 Fees.

PixelFindr Assets are provided as part of the Service. Each month, Users can redeem a fixed number of Credits for downloads of Assets as described in your subscription plan.

3.3.2 Promotional Codes.

From time to time, in connection with other promotional activities for Assets made available on PixelFindr, we may offer promotional codes ("Codes") that can be redeemed as Credits for Assets. Codes are for personal and non-commercial use only and may not be duplicated, sold or transferred in any manner. Only one Code can be used per User in connection with each promotion. We reserve the right to disable any Code in our sole discretion.

3.3.3 Refunds.

We do not offer refunds for any Credits or other purchases of Assets. If you have any questions about the use of your Credits, please contact us at support@pixelfindr.io.

3.4 Your Responsibilities

You are responsible for all uses of the Service, including all uses of the Service by your employees, agents, contractors, and any other users associated with your Account. You are also responsible for all uses of the Service by any person who uses your Account, whether or not such person is your employee, agent, contractor, or otherwise associated with you. You are responsible for any use of the Service by any person who uses your Account, whether or not such person is your employee, agent, contractor, or otherwise associated with you.