STORE by GAYARRE infografia
c/ La Luz, 1
50006 Zaragoza SPAIN
Owner and managing director: Juan Gayarre
10th of January 2012
2 Prices and Payment Terms
2.1. Depending on the chosen shipping method the purchase price has to be paid in advance or COD. The COD option and payment with check are at the discretion of theSTORE by GAYARRE infografia | Juan Gayarre personnel, and can be denied if deemed necessary. If the buyer defaults on the due payment the seller is entitled to halt and deny all deliveries, from this or other orders by the same buyer.
2.2. Binding delivery dates will only be valid after written (incl. email) request by buyer & confirmation by seller. The delivery time can be extended due to work stoppage (e.g. strike), official regulations (e.g. import/export restrictions) or other events beyond the control ofSTORE by GAYARRE infografia | Juan Gayarre. After setting an appropriate extension deadline, the buyer has the right to cancel the order if the seller still does not bring about delivery of the ordered products. Further claims cannot be brought against the seller unless bad intent or gross negligence on part of the seller are proven.
2.3. Regularly allSTORE by GAYARRE infografia | Juan Gayarre products are available for immediate shipment. Should one or more of the ordered product not be available for immediate shipment, or if the product (s) have been discontinued, then the buyer will be informed about this without undue delay.
2.4. Quotes for shipping cost for delivery in any other country can be obtained from our US or Polish office, and are also stated in theSTORE by GAYARRE infografia | Juan Gayarre shopping cart on our website at www.gayarre.eu
2.5. Current prices can be obtained from our website. There a price-list function can be found for a number of different countries. If your country is not listed please contact aSTORE by GAYARRE infografia | Juan Gayarre office. With the release of a new price list all previously published price lists are invalid.
3 Return of products
3.1. The return option apply for Digital Media Files (see definition: 7-1) which are obtained per Download or per Electronic Software Delivery (ESD) only in case where buyer newer downloaded product.
3.2. Individualized or personalized licenses or products are generally excluded from the return option.
4 Change of Ownership
4.1.The seller remains owner of the products or “Digital Media Files“ (see definition: 7-1) until complete and final payment of all open receivables between the seller and the buyer in question. As long as complete and final payment has not been made the buyer does not hold a valid license as described in this document. This license only takes effect after complete and final payment.
5 Protection of Customer Data
5.1. STORE by GAYARRE infografia | Juan Gayarre processes customer data solely for the purpose of order fulfillment and for the occasional contact with customers throughSTORE by GAYARRE infografia | Juan Gayarre itself. Service companies (e.g. banks) which have to be involved in the order regular processing (e.g. credit card verification) receive customer data only to the extent necessary for completion of the order.STORE by GAYARRE infografia | Juan Gayarre will never pass on or sell customer data to any third parties.STORE by GAYARRE infografia | Juan Gayarre treats all customer data highly confidential.
5.2. Customer and Users of STORE by GAYARRE infografia | Juan Gayarre agree to receive new products information by mail. Receiving of new products informations can be canceled any time by pressing “UnSubscribe” in such message.
6 Electronic Software Delivery (ESD)
6.1. If the buyer purchases the product or the “Digital Media Files“ through Electronic Software Delivery (ESD) the seller will make the product or ”Digital Media File” (see definition: 7-1) available for download from its server (copy).
7 License Agreement
With the download of digital media files (for definition see 7-1), you (the buyer) recognize the validity of this agreement. If a buyer enters this agreement in the name/in place of the employer then the coverage of this agreement will extend to both the employee and the employer. If the employment is terminated then the employer can continue to use the product with all the inherent rights and obligations laid out in this agreement.
7.1. Definitions – Digital Media Files are any textures, 3D-models, images, animations, movie-clips, videos, programs, audio-files or other audio/visual digital representations recorded in any format which a buyer properly purchases from STORE by GAYARRE infografia | Juan Gayarre, or which a user obtains, directly or indirectly, from STORE by GAYARRE infografia | Juan Gayarre.
7.2. Granting of the License – With the proper purchase and use of the Digital Media File(s) the buyer obtains a nonexclusive license to use and modify the Digital Media File(s) according to the conditions laid out in the following paragraphs.
7.3. License – The Digital Media File(s) can be used license-free (without additional fees), and -except for below mentioned exceptions- without limitations in: animations, illustrations/renderings, film/ video, TV, multimedia, commercials, live-performances, Internet, presentations, product- or print jobs (DVD, computer games, entertainment- and training videos, music videos, etc.). The usage limitations are the following: Digital Media File(s) may NOT be:
A. separately published, marketed, distributed, transferred, sold or sublicensed in full or in excerpts (any part thereof).
B. published, marketed, distributed, transferred, sold or sublicensed as part of a rendering, animation, software application, data or any other product from which any original Digital Media File, or any part thereof, or any substantially similar version of the original Digital Media File can be separately exported, extracted, or decompiled into any redistributable form or format.
C. published, marketed, distributed, transferred, sold or sublicensed as “clip art” or the like, including but not limited to animations or still images that are sublicensed or otherwise distributed by a stock photography or stock animation agency, or in any other manner in which the primary source of value derived from publishing, marketing, distributing, transferring, selling or sublicensing the image (or Digital Media File) is that it is accessible in a manner similar to “clip art.”
7.4. Single-user License – The Digital Media File(s) may only be modified or used in unmodified form, on one computer at any one time. You may not rent, lease, lend, sell or sublicense the Digital Media File(s) to another person, company or other entity. Anything you produce using the Digital Media File(s) must be for your own use, or for the use of your employer, client or customer, who must be the end-user of your work.
7.5. Special License – Please note that special licensing is available from STORE by GAYARRE infografia | Juan Gayarre in order to obtain additional rights (beyond the rights outlined above).
7.6. Special Limitations – The Digital Media File(s) may not under any circumstances be used in or in conjunction with pornographic, defamatory, obscene, fraudulent, libelous, infringing, immoral, or illegal material. The buyer and/or user have the sole & full responsibility for all legal consequences of any such use.
7.7. Copyright – All Digital Media Files are copyright STORE by GAYARRE infografia | Juan Gayarre or its licensors and are protected by European Union copyright laws, international treaty provisions and other applicable laws. No title or intellectual property right in the Digital Media File(s) is transferred to the buyer. STORE by GAYARRE infografia | Juan Gayarre retains all rights not expressedly granted to the buyer by this license agreement.
7.8. Liability – STORE by GAYARRE infografia | Juan Gayarre is not liable for specific, direct, indirect, consequential, punitive (fines/penalties), or incidental damages, (incl. but not limited to damages through the loss of profit, business interruption, loss of business data, or any other monetary loss) which result from the successful or failed use of the Digital Media File(s). Licensor’s entire liability and the buyer’s exclusive remedy shall be no more than the amount paid for the particular Digital Media File(s).
7.9 Breach of Contract – The buyer/user agrees to indemnify, defend and hold STORE by GAYARRE infografia | Juan Gayarre our affiliates, business partners, officers, directors, employees and agents harmless from any loss, damages, claim or liability of any kind arising from :
A) the use of the Digital Media File(s) in any form,
B) any breach of the terms and conditions of this agreement, or
C) the buyer’s/user’s negligent act, omission or willful misconduct. All license rights granted pursuant to this agreement shall automatically terminate upon the breach of this agreement.
7.10. Warranty – STORE by GAYARRE infografia | Juan Gayarre warrants The Digital Media File(s) to be free from defects in material and workmanship for 90 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of The Digital Media File(s) or applicable media. Refunding the purchase price is only an option for STORE by GAYARRE infografia | Juan Gayarre. STORE by GAYARRE infografia | Juan Gayarre MAKES NO OTHER WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE DIGITAL MEDIA FILE(S) AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT ARE HEREBY DISCLAIMED.
7.11. Amendments – STORE by GAYARRE infografia | Juan Gayarre reserves the right to amend or change this agreement at any time.
7.12. Enforceability – If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms.
8 Website term of use
8.1 Person who created an account/registered on website www.viz-people.com become an user of this website and agree to following:
A) User agree to add his personal data he provide in registration form to STORE by GAYARRE infografia | Juan Gayarre database on conditions from §5.
B) User gets access to website “Free Stuff” section.
STORE by GAYARRE infografia | Juan Gayarre
Adress: c/ La Luz, 1 (local) – 50006 Zaragoza – SPAIN