General Terms and Conditions

THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. PLEASE READ THEM CAREFULLY BEFORE USING THE SERVICES OF CGTRADER.

Terms and conditions to use CGTrader’s website and its services are set forth in eight documents:

1. General Terms and Conditions

2. 3D Projects Terms

3. Wildcat Terms

4. Seller Earnings and Payout Schedule

5. Privacy Policy

6. Content Policy

7. Refund Policy

8. Subscription Fair Use Policy

0. GENERAL PROVISIONS

0.1 These Terms and Conditions aim to inform about CGTrader, establish rules for acceptable behavior on the Site for Designers and/or Sellers and Buyers, and set out basic guidelines for interactions on the Site.

0.2 The Site serves as an online marketplace for 3D models and 3D projects, and professional 3D designer community, where 3D models users can safely connect and purchase various 3D models offered by participating Designers and/or Sellers.

0.3 The Site is not acting as an online store; rather, it functions as a venue where transactions occur directly between Designer and Buyers or Sellers and Buyers. CGTrader, unless explicitly stated otherwise, does not engage in the sale or purchase of digital content.

0.4 For clarification, it must be clear that:

0.4.1 Transactions conducted on the Site are made directly between Designers and Buyers or Sellers and Buyers, with CGTrader being involved only as a secondary services provider that facilitate and maintain the Site and ensure a safe and smooth experience for Designers and/or Sellers and Buyers.

0.4.2 These Terms and Conditions define the contractual relationships between CGTrader and Designers and/or Sellers, and between CGTrader and Buyers, in terms of CGTrader’s facilitation of the Site. As the primary contractual relationship for the sale of 3D models and the provision of licenses is between the Seller and the Buyer, certain aspects of the interactions between Sellers and Buyers, as facilitated by CGTrader, are governed by these Terms and Conditions.

0.5 Notwithstanding the above, to maintain the integrity of the CGTrader brand, ensure the smooth operation of the Site, and prevent unfair practices and illegal activities, CGTrader reserves the right to establish general guidelines for selling and buying digital content via Site.

DEFINITIONS

1. Account – an account which gives a possibility for Designer or Buyer to use services provided through the Site and get all of the benefits from it.

2. Buyer –

a) A Member, who purchases Products or downloads Products that are available free of charge from the Site on his own behalf or on behalf of a legal entity he represents by using Services provided by CGTrader;

b) A Member, who requests for a Product under the 3D PROJECTS section on his own behalf or on behalf of a legal entity he represents by using Services provided by CGTrader.

3. CGTrader – UAB CGTrader, Company code 302935696, Address - Antakalnio st. 17, Vilnius, Lithuania, the data of the company stored at the Legal Person’s register of the Republic of Lithuania.

4. Content – any material published at the Site including but not limited to wire files, models, textures, plugins, video games, video game modifications, motion files, collections, packages, materials, scripts, shapes, custom UI skins, tutorials, frequently asked questions, words, music, films, images, software, code and any other information.

5. Contract – an agreement between Designer and Buyer according to which the Designer promises to create the Buyer a Product for a pre-agreed fee.

6. Designer - a Member, who acts as a taxable person and in the course of its economic activity accepts a project under the 3D PROJECTS section of the Site and enters into an agreement with the Buyer to create a Product or a Member who joins Designer Partnership area under the Wildcat Terms.

7. General Terms – this General Terms and Conditions in its entirety and including all terms and (or) information, accessible via any links, provided in this document.

8. Incorporated Product – Product that cannot be extracted from an application or other product, services, creative works, research, content, data, or other value-added materials, and used as a stand-alone object without the use of reverse engineering tools or techniques. For avoidance of doubt, Incorporated Product is such use of a Product that does not allow further distribution of the Product outside of the application, product service, work, research, content, data, or other value-added materials containing the Incorporated Product.

9. Member – any person who creates a user account at the Site.

10. Product –

a) Any Content, uploaded by a Seller to the Product section of the Site and thus offered by the Seller to the potential Buyers for purchase or free download;

b) Content created by the Designer for the purpose of fulfilling the obligations arising from the Contract between Designer and Buyer.

11. Seller – a Member, who acts as a taxable person and in the course of its economic activity uploads Products to the Product section of the Site and offers them for sale or free download.

12. Site – cgtrader.com website.

13. Subscriber – a Member, who purchased any of the subscription plans offered on the Site and whose subscription period has not terminated or been cancelled.

14. 3D Projects Terms – terms and conditions for 3D Projects services, provided by Designers to Buyers, available here.

15. Wildcat Terms – terms and conditions for Wildcat Project services, provided by Partnered Designers (as defined in Wildcat Terms) to CGTrader, available here.

16. Seller Earnings and Payout Schedule – a document establishing earnings payout rate and procedure for the Sellers, available here.

17. Content Policy – intellectual property policy of cgtrader.com website, available here.

18. Privacy Policy – collection and process of personal data, available here.

19. Refund Policy – marketplace refund policy, available here.

20. Subscription Fair Use Policy – marketplace subscription fair use policy, available here.

GENERAL TERMS OF USE OF THE SITE

1. License to Use This Site

1.1. This agreement will become effective upon creating an account and will remain in effect for the duration of your Account. 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. When Buyer makes a purchase without creating an account (guest check-out), the Agreement becomes effective and binding upon completion of the sale.

1.2. This Site is protected by copyright law and international treaty. You are allowed to use the Site free of charge for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by CGTrader or unless it is expressly indicated otherwise.

This right to use this Site constitutes a license, not a transfer of title, and you may not nor permit anyone else to:

- modify the Site or use it for any commercial purpose or public display, performance, sale or rental;

- de-compile, reverse engineer, or disassemble, modify the Site, create derivative works based on the information, published on the Site;

- remove any copyright or other CGTrader proprietary notices;

- mine, hack, spider, or survey the Site;

- copy any proprietary information or ideas from the Site;

- transmit spam, bulk or unsolicited communications;

- pretend to be CGTrader or someone else, or spoof CGTrader or someone else's identity or spoof the Site;

- forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content, published on the Site;

- misrepresent your affiliation with a person or entity;

- disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other Site users' ability to use the Site;

- engage in activities that would violate any fiduciary relationship, any applicable local, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm;

- collect or store personal data about other users unless specifically authorized by such users;

- collect or store Site data for any other purpose except as explicitly allowed herein.

1.3. You agree to prevent any violations of these General Terms, including the licensing terms for the Site. Any violation of these General Terms, Seller Earnings and Payout Schedule, 3D Projects Terms, Wildcat Terms, Subscription Fair Use Policy or Content Policy can lead to account cancellation and a revocation of all licenses.

2. Site Ownership

2.1. All information on the Site is copyrighted proprietary material of CGTrader and (or) Members and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without CGTrader's prior permission. Except as expressly provided herein, CGTrader and its suppliers do not grant any express or implied right to you under any patents, registered design, copyrights, trademarks, or trade secret information of CGTrader.

CGTrader’s logos, slogans trademarks whether registered or unregistered may not be used without CGTrader’s specific written consent to do so.

3. Members

3.1. In consideration of your use of the Site, you agree to:

- provide accurate, current, and complete Member account information about you as may be prompted by the registration and/or login form on the Site (the "Registration Data");

- maintain the security of your password and identification;

- maintain and promptly update the Registration Data, and any information you provide to CGTrader, to keep it accurate, current and complete;

- accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Site;

- grant a non-exclusive, non-transferable, revocable, royalty free license to use your or of the entity you represent logos, trademarks, trade names solely for the purpose of marketing materials, including but not limited to this Site, advertisements or social media posts.

3.2. You are responsible for all activity that takes place under your Member user ID. It is your responsibility to maintain the confidentiality of your user ID and password.

3.3. By signing up to this Site you agree to register using a valid email address that you are entitled to use and that is not hosted by any temporary email service.

3.4. CGTrader may provide interactive areas (such as blogs, forums etc.) the content of which are not confidential. Members should exercise the utmost discretion before providing any personal information on these interactive areas of the Site. Users of interactive areas are solely responsible for the content and consequences of anything they post. CGTrader will have no liability for content and consequences of such postings.

3.5. You acknowledge that your uploaded Products will be rated by other Members of the Site. You agree to allow your reputation score to be shown in your account profile.

3.6. CGTrader may suspend or terminate the membership of any person or entity for any reason at any time without notice. Within 30 days after suspension or termination of your account, you may submit a motivated request to review CGTrader’s decision. Your membership will be reinstated if CGTrader finds your request justified. Suspension becomes final and the membership is automatically terminated if CGTrader rejects your request, or, if you do not submit such request, upon expiry of the 30 days term. CGTrader will review and respond to suspension appeals within 15 days of receipt. If your membership is terminated by CGTrader for a breach of these Terms and Conditions, in addition to its other rights at law or in equity, you shall pay a fine to CGTrader equal to all fees payable to you hereunder, and CGTrader shall have the right to set-off such fine against all payable fees. Membership termination applies to all and any accounts of the person or entity, including accounts created after the membership termination, which will be deactivated without further notice.

3.7. This Site may not be accessed or used by any person, entity or group that have been designated for sanctions under the economic sanctions laws, regulations and orders taken by the European Union, the United States and other countries. Your access and use of the Site constitutes your express representation that you are not subject to any trade sanction or embargo, including, but not limited to, by virtue of your designation for sanctions and inclusion on: (i) the Specially Designated Nationals List maintained by the U.S. Department of the Treasury, Office of Foreign Assets Control; (ii) any list of persons, entities and bodies subject to restrictive measures implemented by the European Union; or (iii) any UN Security Council resolution identifying sanctioned or restricted parties. You shall be fully liable to the full extent of the law for any violations of this paragraph, and you hereby agree to defend, indemnify and hold CGTrader harmless from and against any and all such damages and liability.

3.8. Keep all the internal communication with other CGTrader members inside this Site and do not ask or share contact details.

4. Uploading and Posting Content

4.1. You are entirely responsible for all Content that you upload, post or otherwise transmit via the Site. You agree not to upload, post or otherwise transmit via the Site any Content that:

- is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to CGTrader or other users of the Site;

- is printable 3D models, which are replicas or realistic depictions of weapons;

- includes unauthorized disclosure of personal information and data. This includes any images of a human being;

- violates or infringes anyone's intellectual property rights;

- 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;

- contains unauthorized third-party commercial advertisements.

4.2. CGTrader reserves the right to edit or remove Content that violates the aforementioned terms.

4.3. You agree that all Content posted on the Site forums shall be free to use or disseminate on an unrestricted basis for any purpose, and you grant CGTrader and all other users of the Site an irrevocable, worldwide, free of charge, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing of any information that you may provide on the Site.

4.4. CGTrader does not claim ownership of the Content you place on the Site and shall have no obligation of any kind with respect to such Content. Any Content you provide in connection with this Site shall be deemed to be provided on a non-confidential basis.

5. Determining and Changing Type of Content

5.1. CGTrader retains the right, in its sole and absolute discretion, to monitor, edit, prohibit, or remove any Content, at any time, without prior notice, for any reason. This right of CGTrader shall in no context be interpreted as CGTrader’s obligation to monitor the accuracy and quality of the Content. When CGTrader removes a Product from the Site, CGTrader will endeavor to notify the Seller via email stating the reason for removal. Sellers may submit a motivated appeal within 30 days of notification by contacting support at support@cgtrader.com. CGTrader will review appeals and communicate its decision within 15 days.

5.2. CGTrader implements and maintains business practices of categorizing Content in various categories (such as “Most Popular”, “Best Quality”, “Top Sales” etc.) in order to maximize customer satisfaction and sales. By accepting this General Terms the Seller hereby grants the right to CGTrader to perform such Content categorization upon CGTrader’s own judgment.

6. Privacy and Security

CGTrader takes privacy very seriously and shall never sell, share, or otherwise disclose any of your personal information to anyone. Information that is collected upon sign up is used only to enhance your experience on the Site and for troubleshooting purposes. The principles of the personal data process are set forth in Privacy Policy.

7. Termination of this License

7.1. CGTrader may unilaterally terminate this license for the use of the Site at any time, without any prior notifications, if you are in breach of any of these terms and conditions of use, as judged in the sole discretion of CGTrader. Termination of this license is in addition to the other rights and legal remedies available to CGTrader and those rights are reserved. Upon such termination you must immediately destroy all information that you acquired from the Site.

8. Notifications

All CGTrader’s notifications shall be sent to your notifications section under your profile dashboard or via email at the address you provided to CGTrader when you created your account or as later updated. You hereby agree and acknowledge that CGTrader shall notify you using either of aforementioned notification means at its own discretion and is not responsible to notify you in any other way.

9. Contests and Promotions

Any contests or promotions created by CGTrader on the Site may be governed by its own set of official rules, which may have eligibility requirements, such as certain age or geographic area restrictions. By entering or participating in such contests, you will become subject to those official rules. It is your responsibility to read the applicable rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements.

10. Survival

After General Terms, Seller Earnings and Payout Schedule, 3D Projects Terms or Wildcat terms terminate, the terms of these agreements that expressly or by their nature contemplate performance after the agreement terminates or expires will survive and continue in full force and effect. For example, the provisions protecting confidential information, protecting intellectual property, indemnification, payment of fees and setting forth limitations of liability each, by their nature, contemplate performance or observance after this agreement terminates.

WARRANTIES AND LIABILITY

11. General Information

11.1. This section contains important information regarding the liability of CGTrader that every Member should read carefully and, if necessary, with the appropriate assistance of his legal advisor.

11.2. CGTrader’s Site is a forum for exchange of Product licenses between the Seller and the Buyer or the Designer and the Buyer. CGTrader merely offers a platform for either Sellers to sell their Product or the Buyers to find a Designer for the desired Product. Thus CGTrader cannot and shall not provide any warranty and accept any liability for any Product and (or) other Content. The Members are solely and exclusively liable for all Products and other Content that they upload, download and (or) otherwise provide or acquire to or from the Site. As CGTrader cannot guarantee that the Content you download or access via the Site is problem-free, our liability to you is limited, as described below. You are also agreeing to indemnify us. We cannot provide a warranty for the Product/Content hosted on this site.

12. Indemnification

You agree to indemnify, defend and hold harmless CGTrader, its affiliates, and their respective officers, shareholders, partners, representatives, agents and employees from any and all liability, loss, damages, claim and expense, including reasonable attorney's fees, related to or arising from your violation of General Terms, Seller Earnings and Payout Schedule, 3D Projects Terms or Wildcat terms, your use or misuse of the Site and (or) Content, or any infringement of any intellectual property or other right as a result of the of Content or your use or provision of the Content. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which you will cooperate with us in asserting any available defenses.

13. Limitation of Liability

In no event shall CGTrader or any of its affiliates, or their respective officers, shareholders, partners, representatives, agents and employees be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this Site or any linked web site or to any Content or other material obtained through this Site, or otherwise arising out your inability to use this Site or any decision made or action taken by you in reliance of any information, advice or materials on this Site, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if CGTrader has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the Site, even if this remedy fails of its essential purpose. As some jurisdictions do not allow the exclusion or limitation of liability to a certain extent, some of the above exclusions or limitations may not apply to you.

14. No Warranty

14.1. Being only a forum for exchange of Products’ licenses, CGTrader has no control over the quality or legality of any Content on this Site or the accuracy of any related information. It is your full responsibility to ensure and evaluate the quality and legality of any Content and its use. You agree that CGTrader shall have no liability for any misrepresentation, incomplete statement or failure to disclose any Content data, or for any claims arising from a transaction resulting from your use of the Site or a business transaction you enter into using the Site.

14.2. CGTrader makes all commercially reasonable efforts to ensure that all material, information and data on this Site are accurate and reliable; however, accuracy cannot be guaranteed.

14.3. This Site is provided by CGTrader on an “as is” basis. CGTrader makes no warranties with respect to this site, and disclaims all applicable warranties, express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement for the Site and all Content and any warranties arising from course of dealing or usage in trade. CGTrader makes no warranty or representation regarding results that may be obtained from use of this site, or use of material, information or data downloaded or otherwise obtained from this Site, or regarding the accuracy or reliability of any information obtained from this Site. CGTrader does not warrant or guarantee the accuracy, completeness, correctness, timeliness, or usefulness of this Site or any Content or other material, obtained through use of this Site or that use of this site or any product/content on this Site will meet any requirement, be uninterrupted, timely, secure or error-free. CGTrader shall have no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication.

14.4. By accepting this General Terms you acknowledge and agree that your use of this Site and (or) Content is at your own discretion and risk, and that you are solely responsible for any damage that results from the download and use of any Content.

14.5. CGTrader does not warrant or guarantee that Content or other materials and information available through this Site will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. You should take all reasonable appropriate precautions against such code and (or) software.

14.6. CGTrader is not liable to users and Members of this Site for any damage resulting from use of this Site or use of Content obtained from this Site, and is not in any way responsible for the conduct of users or Members of this Site or for Content posted or exchanged on this Site.

14.7. No advice or information, whether oral or written, obtained by you from CGTrader or in any manner from this Site shall create any warranty.

14.8. Because Content is delivered via the Internet, there may be some circumstances where the delivery of Content is delayed. In no event will CGTrader be liable for any delays in delivery or performance caused by your failure to provide necessary and accurate information in a timely manner, or caused by circumstances or causes beyond CGTrader’s reasonable control.

15. Third-Party Web Sites

This Site may link to, or be linked to, other websites not maintained by or related to CGTrader. These links are provided only as a service to our users and Members. CGTrader is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with any linked or linking web site. CGTrader has not reviewed all third party websites and is not responsible for their content, accuracy, or policies. If you link to or retrieve any other pages or web sites it is at your own risk.

16. Other Terms

16.1. CGTrader reserves the right at any time to modify, suspend or terminate the services (or any part thereof) provided at the Site, and/or your use of or access to them, with or without notice. CGTrader may also delete, or bar access to or use of, all related information and files. CGTrader will not be liable to you or any third-party for any modification, suspension, or termination of the Services, or loss of related information. CGTrader may amend General Terms, Seller Earnings and Payout Schedule, 3D Projects Terms, Wildcat terms, Privacy Policy and Content Policy at any time without notice, as all terms and conditions will be posted on this URL and should be consulted by you prior to use.

16.2. The laws of Lithuania govern General Terms, Seller Earnings and Payout Schedule, 3D Projects Terms of Use, Wildcat terms, Privacy Policy and Content Policy as well as any other terms of the Site without regard to any choice of laws or conflicts of law provisions. You agree that any lawsuit arising from or related to this Site, General Terms, Seller Earnings and Payout Schedule, 3D Projects Terms, Wildcat terms, Privacy Policy or Content Policy shall be brought exclusively in courts located in Vilnius, Republic of Lithuania and you consent to the exclusive jurisdiction of such courts. The United Nations Convention for the International Sale of Goods does not apply to this agreement.

16.3. If any provision of this General Terms, Seller Earnings and Payout Schedule, 3D Projects Terms, Wildcat terms, Privacy Policy or Content Policy is held invalid, void, or for any reason unenforceable, that provision shall be severed and the remaining condition will remain in force to the fullest extent provided by law.

16.4. Any waiver of any portion of General Terms or Seller Earnings and Payout Schedule, 3D Projects Terms, Wildcat terms will be effective only if in writing and signed by an authorized officer of CGTrader. This is the entire agreement applicable to Content and your use of the Site.

16.5. No partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended or created by General Terms, Seller Earnings and Payout Schedule, 3D Projects Terms or Wildcat terms.

16.6. CGTrader shall not be liable for any failure or delay in performance of its obligations resulting from causes beyond its reasonable control, including but not limited to acts of God, cyberattacks, distributed denial-of-service attacks, third-party infrastructure or hosting failures, internet or telecommunications outages, fire, flood, earthquake, pandemic, epidemic, government actions, sanctions, embargoes, or changes in applicable law. CGTrader will endeavor to notify affected users as soon as reasonably practicable and will use commercially reasonable efforts to restore services promptly. If a force majeure event continues for more than 30 consecutive days, Subscribers may terminate their active subscription and receive a pro-rata refund for the unused portion of their subscription period.

TERMS OF USE REGARDING SELLING 3D MODELS AND 3D PRINTING MODELS

17. Applicability

17.1 By uploading a Product on the Site and offering them for Sale or free download, the Seller accepts the terms herein. By purchasing or downloading Products on the Site, the Buyer accepts the terms herein.

17.2 These terms apply in conjunction with General Terms. The following terms do not apply to Products created under the 3D PROJECTS section or WILDCAT section.

MEMBER‘S RIGHTS, OBLIGATIONS AND REPRESENTATIONS

18. Rights, Obligations and Representations of the Seller

18.1. Members may only upload Content they own or otherwise have the right to use and upload. CGTrader does not own any Content uploaded by Members.

18.2. By uploading a Product, the Seller shall be deemed to represent that such Product and use of this Product permitted by General Terms does not infringe the intellectual property of any other party and that the Seller has obtained all necessary model or property releases for use and licensing of the Product. All Members should consult their own legal advisors to determine whether a particular model or property release form and (or) any applicable contract is suitable or necessary for uploading a particular Product or for a particular use of a Product, or whether such use is a fair use. Sellers should understand that licenses of Product without a release attached may be negatively impacted, if a release is deemed necessary by Buyers or their legal advisors.

18.3. Sellers may not upload Product or add Content that violates any international or domestic law, statute, ordinance, or regulation. Content cannot be defamatory, libelous, pornographic, obscene, offensive or evocative of racial hatred of any kind, and cannot contain any viruses, spam, malware or other programming routines that detrimentally interfere with computer systems or data.

18.4. Sellers should keep a backup of their own uploaded Products at all times. Sellers’ files uploaded to the Site cannot be used as a backup source.

18.5. For any Product/Content uploaded to the Site or otherwise submitted to CGTrader, the Seller grants and represents that he has the authority to grant to CGTrader a non-exclusive, worldwide, royalty-free, license in any medium now known or hereinafter invented to:

- reproduce, sell, and distribute net proceeds from any sale, in whole or in part on Seller’s behalf;

- to publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes;

-create and use samples, preview images, scenes, videos of the Product, objects extracted from the Product, its scenes or textures, for the purpose of advertising, demonstrating or promoting Seller products or services or those of CGTrader, adjust or add new format of the Product and make technical modifications to the Product for the purposes of enhancing the Product’s interoperability or other technical features. Seller shall retain all rights to such modifications;

- use the Products for the purposes of researching, creating, developing and testing new CGTrader's tools, features, services, technologies or methods related to 3D modeling (including, without limitation, automated recognition, conversion or other processing of 3D models), which may be developed by CGTrader or with the help of its subcontractors or partners. The Seller explicitly agrees that any such technologies, tools, software, data bases, their developments, modifications or improvements shall exclusively belong to CGTrader alone or with its partners to the full extent possible;

- use any trademarks, service marks or trade names incorporated in the Product in connection with Seller material;

- use the name and likeness of any individuals represented in the Product in connection with Your material;

- use the Products for machine learning or training of neural network models, including generative AI, for the purposes of researching, creating, developing and testing new CGTrader's tools, features, services or technologies, which may be developed by CGTrader or with the help of its subcontractors or partners, unless the Seller opted out by licensing the Product offered for purchase under the licenses marked with “No AI”, while CGTrader shall always retain this license for Products offered as free download. The Seller explicitly agrees that any such technologies, tools, software, databases, trained neural network models, their developments, modifications or improvements shall exclusively belong to CGTrader alone or with its partners to the fullest extent possible. We may compensate you at our own discretion.

18.6. Seller retains ownership of the copyrights and all other rights in the Product, uploaded to the Site, subject to the non-exclusive rights granted to the CGTrader and the Buyer. Seller is free to grant similar rights to others during and after the term of this General Terms.

18.7. By uploading a Product to the Site, the Seller represents and warrants that:

- the Product is his original work, and contains no copyrighted material of any kind that Seller is not the exclusive owner of, including but not limited to: music and/or synchronization rights, images (moving or still) of any kind, writings of any kind, and model clearances/releases;

- Seller has full right and power to enter into and perform this agreement, and have secured all third party consents necessary to enter into this agreement;

- the Product does not and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights;

- the Product does not and will not violate any law, statute, ordinance or regulation;

- the Product is not and will not be defamatory, libelous, pornographic, obscene or evocative of racial hatred of any kind;

- the Product does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data;

- the Product does not contain any material that, as a condition of use, requires additional license restrictions such as requiring the publication of source code or Product that limits commercial exploitation of Incorporated Product;

- all factual assertions that Seller has made and will make are true and complete. Seller agrees to execute and deliver documents to CGTrader and (or) Buyer, upon their reasonable request, that evidence or effectuate their rights under this agreement.

18.8. Each Buyer and Seller is obliged to disclose their place of residence. Such Buyers and Sellers are hereby informed that CGTrader may use tools to detect the localization of computer network devices (and the connection) as regards the country of origin from which the registration is performed.

18.9. If you accept the “Sell my models on other platforms via CGTrader partnerships” option by checking the checkbox in the account management, the Seller Products can be then sold via CGTrader partner websites under the same terms and conditions as outlined herein. CGTrader will be able to choose the partners at its sole discretion. However, this provision in no cases means that CGTrader stops acting as an online marketplace provider, where the contractual relationships between the Designer/Seller and Buyer happen.

18.10.The Seller provides CGTrader’s partners the same license rights as to CGTrader in order for his or her Products to be sold on the partner's website.

18.11. Bulk Enterprise Sales. Seller Products could be offered to Enterprise Buyers (bundled together with Products from other Sellers) who intend to buy Products from the Site in bulk and who may or may not be registered Members of the Site or party to these General Terms and Conditions. In that case Seller agrees that CGTrader may provide copies of the Products to enterprise Buyers and strictly for the Buyer to verify or test the Products before making a decision on their purchase. Seller shall not be compensated for such submission of the Products for verification or testing. In case the Seller removed the Product from the Site or changed the price or license of the Product after it has been provided to the Buyer for verification or testing purposes, should the Product be selected by such Buyer for purchase, the Product can be sold to a Buyer after its removal from the Site and it can be sold at the price and with the license which prevailed at the moment it was provided to the Buyer. When enterprise Buyer agrees to purchase the Products, the sale process may manually be completed at the Site as per Terms and Conditions established thereunder. Each sale to the enterprise Buyer will always be made as an individual sale to one Buyer only, i.e. one sale transaction may not be completed for multiple Buyers. In individual and exceptional cases, when specifically requested by enterprise Buyer and agreed by CGTrader, CGTrader may itself purchase (under the instructions and for the benefit of the enterprise Buyer) bulk Products selected and requested by the enterprise Buyer, obtaining the applicable license from the Seller to such Products, and in such case Seller grants a right to CGTrader to re-sell and sub-license such Products to the enterprise Buyer under the same applicable license terms.

18.12. Custom Enterprise Deals. Sellers may choose to make their Products available to Enterprise Buyers as part of Custom Enterprise Deals by checking the relevant checkbox in their account management under “Maximize your earnings”. Sellers authorize CGTrader to enter into sales transactions and to sub-license the Products under a Custom License defined by CGTrader and to agree on custom pricing and payment terms of such sales to Enterprise Buyers. In particular, the payment terms may provide that the price shall be paid by Enterprise Buyer in instalments, or payments may be deferred (e.g. by 6 months), in which case the Seller shall be allocated the payouts after the funds paid by the Enterprise Buyer are received by CGTrader. Examples of Custom License are provided in section 23A. For the avoidance of doubt, a Custom License might be used for each individual Custom Enterprise Deal, modifying the existing license (or any of the Custom Licenses) of the Product by introducing some limitations to the license, and such Custom License does not need to be offered to all Buyers on the Site. If Enterprise Buyer requests certain extra technical services (e.g. conversion of 3D model files to different format, verification and moderation of 3D models based on provided criteria, correction of technical features), Seller authorizes CGTrader to perform such modifications. Earnings from sales to Enterprise Buyers will be calculated applying the rates and following procedures established under the Seller Earnings and Payout Schedule.

18.13. Payouts from Bulk Enterprise Sales, as per section 18.11, and from Custom Enterprise Deals, as per section 18.12, shall be reported to Sellers under My Sales dashboard at the Site, however, Seller agrees that the terms of all sales to Enterprise Buyers shall be confidential due to the confidentiality obligations requested by Enterprise Buyers and undertaken by CGTrader, and terms of such sales as well as Enterprise Buyer identities will not be disclosed to Sellers.

19. Rights, obligations and representations of the Buyer

19.1. The Buyer may not use the Product, downloaded from this site in a manner that infringes the intellectual property of any other party. The Buyer may not reverse engineer any Product and must abide by the terms of the license granted to the Buyer under this General Terms, as well as any additional Seller terms included with the Product.

19.2. The Buyer may not perform automated mass download (crawling) technique for gaining access to Products which are offered as a free download. The Buyer may not use Products which are offered as a free download for machine learning or training neural networks purposes.

19.3. Following the payment of any applicable license fee for any Product, the Buyer may download the Product from the Site and use it in accordance to the applicable license terms. The Buyer must ensure that any use of the Product is compliant with all applicable laws and regulations and does not infringe upon the rights of third parties, including any intellectual property rights.

19.4. Prior to concluding the contract the Buyer shall give express content of waiving his or her 14-day right of withdrawal regarding the digital content (the Product).

19.5. When Buyer intends to order and buy products in bulk, CGTrader may help Buyer manually complete the process of purchase at the Site required to effect the Sale of Products (e.g. to add Products to shopping cart in bulk).

19A. Subscriptions

19A.1. Subscription plans purchased by a Member will provide download access to some of the Products uploaded by Sellers under the terms of such subscription. Subscribers are able to search under various criteria, select and download the Products without payment of the purchase price for an individual Product included in the subscription.

19A.2. During the valid subscription period subscribers may download an unlimited number of Products that are offered on the Site for free download (subject to Subscription Fair Use Policy), and the number of paid Products up to the limit specified in the subscription plan.

19A.3. On downloading a Product Subscriber acquires a license from the Seller in accordance with the terms and conditions of section 20 and the Subscription specific terms established in this section that overrides the terms and conditions of section 20.

19A.4. Any Member of CGTrader Site may purchase a subscription by selecting one of the payment plans offered at CGTrader Site.

19A.5. CGTrader may offer Free Trial periods to subscribers in accordance with the terms defined in such offers. CGTrader reserves the right to determine eligibility at its sole discretion and to deny or revoke trial access at any time without notice if eligibility requirements are not met. A valid payment method may be required to activate the Free Trial. By providing payment information, you authorize CGTrader to charge the applicable subscription fees upon expiration of the trial period, unless you cancel before the trial end date.

19A.6. Subscription becomes effective upon receipt of full payment for the subscription period indicated in the subscription plan and remains active for the whole period for which the subscription fees were paid.

19A.7. Subscription will automatically renew after the end of the current subscription period. You authorize CGTrader to store your payment method(s) and to automatically charge your payment method(s) every billing period until you cancel. CGTrader will automatically charge you the then-current fee for your plan, plus applicable taxes (such as VAT or GST), upon renewal. CGTrader may change your plan’s fee each renewal term, and will notify you of any fee change with the option to cancel. If the applicable VAT or GST rate (or other applicable tax) changes during your billing term, CGTrader will accordingly adjust the tax-inclusive price for your plan on your next billing date.

19A.8. Subscriber may cancel automatic renewal at any time at the Account subscription management settings.

19A.9. If any payment for the next subscription period is not received by CGTrader, the subscription is suspended until the payment is received. CGTrader may terminate the subscription if the payment is not received within 7-14 days.

19A.10. At any time the Member may select a different subscription plan. If the new plan is selected with a higher rate of fees, the subscriber will be charged the difference between the active subscription plan and the new subscription plan. If the new plan is selected with lower subscription fees, the new subscription plan becomes effective once the current subscription plan period expires.

19A.11. Subscribers may terminate the subscription at any time. In such cases Subscribers will have access to the service until the expiration of the subscription period. No refunds will be issued if Subscriber decides to terminate the subscription in the course of the current subscription period, unless (1) Subscriber has not downloaded any of the Products; and (2) applied for a refund within 14 days from the purchase. If Subscriber purchased an annual subscription with monthly billing, Subscriber may cancel the subscription before the end of the contract term but will be charged 50% of the remaining balance of the contract obligation. In such cases Subscribers will have access to the service for half of the months remaining in the annual commitment.

19A.12. Subscribers are permitted to use the downloaded Products after expiration or termination of a subscription only on the projects that have been completed when subscription was active. Any subsequent use of the Products in new projects shall not be permitted if the subscription expires or is terminated. A project shall be considered 'completed' for the purposes of this clause when the primary creative work has been substantially finished and delivered or published prior to subscription expiration. Works-in-progress at the time of expiration are not considered completed projects. To use the Products downloaded during the subscription period in new projects, or to re-download the Products after the subscription ends, the Member shall reactivate the subscription or purchase the Product from the CGTrader Site.

19A.13. Products available to subscribers may change over time. Any Products downloaded during the valid subscription period shall not be affected by their later removal from the subscription service.

19A.14. Use of the Products under the subscription shall be subject to Subscription Fair Use policy.

19A.15. Subscribers will be provided with priority support service when addressing their requests to subscriptions@cgtrader.com.

19A.16. Sellers may opt-out from making available their Products to subscribers by making a choice in their account management under “Maximize your earnings”. If a Seller opts-out of participation in subscriptions after the Seller uploaded the Products, Seller’s Products may remain available for subscribers up to 30 days to ensure stability of content library and consistent experience for subscribers. CGTrader may decide which Products made available by the Sellers to Subscribers will be included under which subscription plan and may decide to remove certain Products from subscriptions altogether.

19A.17. Products uploaded and offered under Free Download will automatically be made available to subscribers.

19A.18. Sellers who offer Products to be available to subscribers will receive payment for the Products as defined in Seller Earnings and Payout Schedule.

19A.19. The “Royalty Free License, No AI” shall always apply to the use or download of the Products by subscribers.

TERMS OF LICENSE AGREEMENT BETWEEN THE SELLER, CGTRADER AND THE BUYER

20.General Terms of Licensing

20.1. Following the payment of any applicable license fee for Product, the Seller grants the license of the type as defined in accordance with the terms and conditions of this section and as selected by the Buyer for the purchase, if such selection is available for the Product. Any license rights relating to the Product are contingent upon the transfer of money (except for the free Products) from the Buyer. All license rights terminate immediately and without notice if a sale is reversed for any reason.

20.2. Upon uploading the Product to the Site, the Seller shall indicate the terms of license, upon which a respective Product is licensed to the Buyer. If the Seller does not indicate any licensing conditions in his posting, terms of Royalty Free license (see section 21A “Royalty Free License”) shall be applicable.

20.3. Certain Products with third party copyrighted or trademarked images, logos, brand names, etc., may require additional licensing, rights, permissions, releases, or clearance for use. It is the sole responsibility of the Buyer and their legal advisor to determine, before purchasing, downloading or using any Product, whether additional licensing, rights, permissions, releases, or clearance are necessary for the intended use of Product. It is the Buyer’s sole responsibility to obtain any licensing, rights, permissions, or clearance. Buyers should understand additional licensing, rights, permissions, releases, or clearance may be relevant for Product, if the intended use involves religious groups or affiliations, pharmaceuticals, health care, tobacco, liquor, adult entertainment, personal hygiene, birth control, or any other area that could be considered sensitive, offensive, or immoral.

20.4. Buyers do not own any Product and are only licensed to use it in accordance with terms and conditions of the applicable license. Unless explicitly provided for in custom license terms set forth in the special area “Custom license terms” provided by CGTrader in the Product description section of the Site, the Seller retains copyright in Products purchased or downloaded by any Buyer.

20.5. The license to use the Product is non-exclusive, non-transferable and is granted only to the original Buyer. For the avoidance of doubt, if a Buyer is a legal entity, the license is granted to a legal entity and the Product might be shared within the legal entity.

20.6. Any Product returned to the Seller directly or via CGTrader in accordance with applicable law for whatever reason must be destroyed by the Buyer immediately. The license to use any Product is revoked at the time Product is returned. Products obtained by means of theft or fraudulent activity of any kind are not granted a license.

20.7. By using the Site and (or) accepting this agreement the Seller agrees that any additional end user license agreements, licenses, custom licenses, or Seller requirements inserted into Seller Products in any area outside that explicitly provided by CGTrader for additional license terms are invalid, void ab initio, and without effect as they relate to those purchases made on the Site.

20.8. Nothing in this agreement shall be construed to mean that a Seller may not submit or delete Content from the material submitted by such Seller as part of general maintenance of such Seller’s account. The Buyer may still have access to the purchased Product after the Product was deleted from Seller‘s account or Seller‘s account was suspended for any reason.

21A. Royalty Free License

21A.1. Products may not be sold, given, or assigned to another person or entity in the form it is downloaded from the Site or in 3D printed physical form. Product may not be used to create visual content, such as scenes, videos, or designs, which are published or sold through other stock media clearinghouses, unless it meets Incorporated Product criteria and it does not play a key role in the visual content.

21A.2. The Buyer’s license to Product in this paragraph is strictly limited to Incorporated Product. Any use or republication, including sale or distribution of Product that is not Incorporated Product is strictly prohibited. For illustration, approved distribution (including sublicensing) or use of Product as Incorporated Product includes, but is not limited to:

- as rendered still images or moving images; resold as part of a feature film, broadcast, or stock photography;

- as purchased by a game’s creators as part of a game if the Product is contained inside a proprietary format and displays inside the game during play, but not for users to re-package as goods distributed or sold inside a virtual world;

- as purchased by creators of virtual worlds, metaverses, applications or platforms (including, but not limited to, social media platforms) if Product is provided to users of such virtual worlds, metaverses, applications or platforms to create embedded content and distribute, modify, publicly perform, or display such embedded content, provided that a) Product is not downloadable by users of such virtual worlds, metaverses, applications or platforms in the form in which it is downloaded from the Site and b) Product is not re-packaged as goods sold inside a virtual world, metaverse, application or platform;

- as Product published within a book, poster, t-shirt or other item;

- as part of a physical object such as a toy, doll, or model;

- as part of a creative tool's bundled end-user asset library that is designed to allow users to freely use the Product in their own creative projects as long as such use is limited to use as Incorporated Product;

- as an input (the Product itself, its metadata, rendered images, etc.) to machine learning or training of neural network models, including generative AI, dataset engineering and development, maintenance, and commercialization of any products, services, or technologies that incorporate the Product;

- as another type of use, which may not yet be existing or known. Seller authorizes CGTrader to decide whether to allow this type of use at its reasonable discretion, provided that such use will not significantly diminish Seller’s future license fee payouts and is reasonably or conceptually similar to existing uses. Seller hereby fully releases CGTrader from any liability associated with these decisions.

21A.3. If you use any Product in software products (such as video games, simulations, or VR-worlds) you must take all commercially reasonable measures to prevent the end user from gaining access to the Product. Methods of safeguarding the Product include but are not limited to:

- using a proprietary disc format such as Xbox, Playstation, etc.;

- using a proprietary Product format;

- using a proprietary and/or password protected database or resource file that stores the Product data;

- encrypting the Product data.

21A.4. Without prejudice to sub paragraphs 21.1-21.3, the Seller grants to the Buyer who purchases license rights to Product and uses it solely as Incorporated Product a non-exclusive, worldwide, license in any form, through any method, and in any medium now known or hereinafter invented to:

- reproduce, post, promote, license, sell, modify, create derivative works of, publicly perform, publicly display, digitally perform, transmit, or otherwise exploit for promotional and commercial purposes;

- use any trademarks, service marks or trade names incorporated in the Product in connection with Seller material;

- use the name and likeness of any individuals represented in the Product only in connection with Your material.

- distribute, and sublicense the right to use, such 3D model (and any trademarks, service marks, trade names, names, likenesses, and other content incorporated in such Model), through multiple tiers, in any form and through any method as long as it meets the definition of Incorporated Product.

21A.5. Absent a written grant of rights greater than that contained in section 21 “Royalty Free License”, all other rights or sub-divisions of rights generally included in copyright are excluded from this license and remain the property of Seller.

21A.6. The resale or redistribution by the Buyer of any Product, obtained from the Site is expressly prohibited unless it is an Incorporated Product as licensed above.

21A.7. Products uploaded by Sellers with a Royalty Free License may be made available for purchase on the Site under Royalty Free License, No AI. Products with a Royalty Free License may be available for the Buyers only if purchased as part of Bulk Enterprise Sales, as per section 18.11, or Custom Enterprise Deals, as per section 18.12.

21B. Royalty Free License, No AI

21B.1 The same licensing terms apply as for Royalty Free License, except that Product use for machine learning or training of neural network models, including generative AI models, is not permitted.

22. Editorial License

22.1. In addition to the restrictions that are applicable to the Royalty Free License, certain Products may be marked “editorial” or “editorial license” and have additional license restrictions.

22.2. Buyers may only use Products marked “editorial” or “editorial license” for legitimate, editorial purposes on some issue of journalistic, editorial, cultural or otherwise newsworthy value. Examples of editorial use/fair use may include illustrating issues of general interest, social commentary, reporting news, etc. Editorial uses include use of the Product in a news program, news-related website, or news-related video media. The Buyer understands and agrees that such Products may contain material that is not released from its rights holders.

23A. Custom License

Terms of the Custom License shall be deemed applicable if and only if the Seller provides additional license terms in the specific area of Product description – “Custom license terms” or selects the Custom License types made available by CGTrader. Such additional license terms shall be applied and interpreted as additions and (or) exceptions to the terms and conditions, set forth in section 20. “General Terms of Licensing” and section 21. “Royalty Free License”. CGTrader may make available certain predefined Custom License types for the Seller to select, which may limit the licenses by certain criteria (e.g. by Buyer’s industry sector, size, place of establishment, volume of purchases, etc.), by certain use cases and restrictions (e.g. limited only for use in certain environments (ecommerce, gaming), by scope of content (e.g. by limiting the elements to be sold, such us objects extracted from the Products, its textures, scenes, or other elements, or only preview images, or videos of the Products), limited in time or by other criteria. Custom Licenses may also be applied to sales of Products to Enterprise Buyers as part of Custom Enterprise Deals as per section 18.12.

23B. Custom License, No AI

Terms of the Custom License, No AI shall be deemed applicable if and only if the Seller provides additional license terms in the specific area of Product description – “Custom license terms”. Such additional license terms shall be applied and interpreted as additions and (or) exceptions to the terms and conditions, set forth in section 20. “General Terms of Licensing” and section 21B “Royalty Free License, No AI”.

24. License for Products that are offered for free download

A Product which is offered as a free download shall be licensed with the applicable license as chosen by the Seller.

25. Process of purchases and payments

25.1. CGTrader facilitates interaction between Buyers and Sellers by providing the marketplace platform available at the Site. CGTrader is not a party to the product purchase agreement between Buyers and Sellers. Payment transactions in relation to Product purchases are made from the Buyer to the Seller through CGTrader. In relation to these payment transactions, CGTrader only enables Buyers and Sellers to have due payments of Buyers paid fees for the Content by means of specific payment channels available while using the Site and CGTrader for such purpose is hereby authorized to conclude the sale of goods on behalf of only the Seller. Receipt of order(s) and payment(s) via means suggested by CGTrader from the Buyer shall constitute satisfaction of the Buyer’s obligations with respect to such under these General Terms. However, CGTrader acts as a facilitator in the delivery of Content transactions, thus CGTrader is not and shall not be deemed as an owner or beneficiary of the payment transferred via means identified above.

25.2 Irrespective of any previous relationship, and for the avoidance of doubt, any decision to purchase a Product and arrange for payment of the same shall be done by Buyer alone, and acting in a principal capacity, and in respect of such CGTrader undertakes no fiduciary, implied, or otherwise further duties or functions on behalf of the Buyer other than those detailed in the General Terms. CGTrader does not act on behalf of the Buyer in any capacity in relation to payment transactions.

25.3 Each Seller agrees to accept the payment made by a Buyer under the conditions specified above, where such payments shall be considered the same as payment made directly to the Seller. As the payment collection agent, in accepting appointment as the limited payment collection agent of the Seller, CGTrader assumes no liability for any acts or omissions of the Seller and CGTrader only acts as intermediary service (hosting) provider and as payment collection agent for the Seller. Both Buyer and Seller agree to such, authorize CGTrader to act in such a role as a limited payment collection agent , who collects its commission and any other possible fees from the amount received from the Buyer, and to indemnify CGTrader for any loss associated therewith accordingly.

25.4. Buyer may choose any payment method supported by the Site for the purchased Products at the time of sale. Certain enterprise Buyers buying Products from the Site in bulk as per section 18.11 may have deferred payment terms. Buyer may also make a prepayment via CGTrader as defined above and such prepayment shall be considered the same as payment made directly to the Seller. In this case Buyer will be granted a promotional code with a value of the prepayment and will be able to cover up to 100 % of payment by applying a promotional code. Promotional code can be applied to multiple payments and it will reduce in value after each payment.

25.5. Seller earnings will be calculated and paid out applying the rates and following procedures established under the Seller Earnings and Payout Schedule.

25.9. Sellers and Buyers are entirely responsible for covering any fees and taxes associated with their use of the services provided on the Site or for purchases made through the Site. Specifically, they must individually handle the payment of all applicable taxes, fees, or other charges that arise from the agreements they enter into via the Site, unless in these Terms and Conditions is specified otherwise. In any case CGTrader shall not be responsible for settling such fees and taxes unless CGTrader becomes obliged to calculate and pay for such taxes on behalf of any of the parties. In the case of the latter, the fee to Sellers / Designers would be paid via the means defined above after recouping such taxes from the fees payable.

25.10. If the Buyer is subject to tax on any payment made to the Seller under these Terms and Conditions in satisfaction of a tax claim arising in its (Buyer’s) state of residence, the Buyer shall increase the payment by an amount that ensures the Seller receives and retains a net sum (after accounting for the tax payable by the Buyer in respect thereof) equal to the amount it would have received and retained had the payment not been subject to tax (a Gross-up Amount). For the avoidance of doubt, the tax treatment of the payment made by the Buyer should be assessed on a stand-alone basis by the Buyer individually, having regard to the tax residency of the Seller.

25.11. If a user is from a location where end buyer pays taxes at the point of purchase (known as Value added tax (VAT), Goods and services tax (GST) or Sales tax) CGTrader will detect buyer’s location and charge tax on behalf of the Seller, which is applied in the particular location. Taxes will be deducted from the purchase price and transmitted to local tax authorities. CGTrader will calculate and pay fee to Sellers after deduction of taxes.

25.12. If a purchase is reversed after the Seller has been paid or if for any reason the Seller has been already paid in excess of the correct fee payment, the Seller acknowledges that such overpayment is due from Seller to and authorize CGTrader to deduct from the Seller’s future payments. If the Seller discovers or becomes aware of overpayment, the Seller agrees to notify CGTrader of such occurrence and settle it accordingly.

25.13. By accepting these Terms and Conditions the Seller confirms that he/she acts as taxable person for the purpose of VAT and agrees that a self-billing invoice for the purchased products shall be issued by CGTrader under the terms and conditions of applicable laws. However, the parties remain to be solely responsible for determining whether it is required by applicable law to issue any other formal document and pay any other taxes that might apply to them. CGTrader takes no responsibility for determining the necessity of or for issuing any other formal document (except self-billing invoice) or for determining, remitting, or recouping any taxes applicable to paid fees, except for the case where CGTrader becomes obliged to in accordance with applicable laws.