Terms of service

Last updated on September 1, 2016

Background

Voxel Art Store (“Voxel Art Store”) is owned and operated by Ruben Garcia Canto (15417877B), C/Oscar Espla, 2, 2ºB, Albatera, Alicante, Spain (“Company”). Your use of Voxel Art Store is governed by a legal agreement between you and the Company consisting of these terms of service (“Terms”) which you must accept by checking the box indicating your acceptance of these Terms when you register as a user of Voxel Art Store.

In addition any Package that you acquire from the Voxel Art Store that has been developed by the Company or that has been made available by third-parties (“Vendors”) that are not affiliated with the Company, will be subject to the Voxel Art Store’s standard End User License Agreement (“EULA”), which you must accept as an integrated part of these Terms by checking the box indicating your acceptance of these Terms when you are registered as a user of Voxel Art Store. Certain Packages may be governed by a Vendor end user license agreement.

You may use Voxel Art Store to browse, locate, and download Packages defined as:

  • Multimedia content (for example – without limitation – computer graphics, including 3D computer graphics, sounds and music), tutorials and other digital materials created in order to become integrated parts of electronic games.
  • Software or software development kits (SDKs) designed in order to facilitate the development of electronic games and interactive media

Some of these Packages may be offered by the Company while others may be made available by Vendors. You agree that the Company is not responsible for any Package on the Voxel Art Store that originates from a source other than the Company. Additionally, some Packages may be made available to you at no charge while other Packages may be purchased for a fee. You agree that you are solely responsible for all fees associated with purchases you make on the Voxel Art Store.

In order to use Voxel Art Store you must be 18 years of age or older. On using this website you warrant that you have legal capacity to enter into the agreement.

Provision of the Voxel Art Store

You agree that the Company may stop (permanently or temporarily) providing the Voxel Art Store (or any features within the Voxel Art Store) to you or to users generally at the Company’s sole discretion, without prior notice to you.

The Company may make available to you various payment processing methods to facilitate the purchase of Packages from Voxel Art Store. You agree to abide by any relevant terms of service or other legal agreement, whether with the Company or a third party, that governs your use of a given payment processing method. You agree that the Company reserves the right to add or remove payment processing methods at its sole discretion and without notice to you.

From time to time, Voxel Art Store may discover an Package on the Voxel Art Store that violates the Vendor Agreement between a Vendor and the Company or other legal agreements, laws, regulations or policies. You agree that in such an instance the Company retains the right at its sole discretion to demand that such Package is removed from any computer or other equipment under your control and you agree to promptly comply with such demand.

Your Use Of The Voxel Art Store

In order to access certain services in the Voxel Art Store, you may be required to provide information about yourself such as your name, address, and billing details. You agree that any such information you provide to Voxel Art Store will always be accurate, correct and up to date.

You agree to use the Voxel Art Store only for purposes that are permitted by (a) the Terms and Voxel Art Store Guidelines and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Packages.

You agree not to access (or attempt to access) the Voxel Art Store by any means other than through the interface that is provided by the Company, unless you have been specifically allowed to do so in a separate agreement with the Company. You specifically agree not to access (or attempt to access) the Voxel Art Store through any automated means (including use of scripts, crawlers or similar technologies from time to time).

You agree that you will not engage in any activity that interferes with or disrupts the Voxel Art Store (or the servers, payment systems or networks which are connected to the Voxel Art Store). You agree that you will not use any of the Packages found on the Voxel Art Store in a way that interferes or disrupts any servers, payment systems, networks, or websites operated by the Company or any third party.

Unless you have been specifically permitted to do so in a separate agreement with the Company and except as permitted under the EULA, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any Package that you have acquired from the Voxel Art Store for any purpose.

You agree that you are solely responsible for (and that the Company has no responsibility to you or to any third party for) your use of the Voxel Art Store or any Packages, any breach of your obligations under the Terms, and for the consequences (including loss or damage of any kind which the Company may suffer) of any such breach.

You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of the Voxel Art Store or the purchase of Packages through the Voxel Art Store, and that the reporting and payment of any such applicable taxes are your responsibility.

You agree that the Company and/or third parties own all right, title and interest in and to the Voxel Art Store and the Packages available through the Voxel Art Store, including without limitation all applicable Intellectual Property Rights in the Voxel Art Store and Packages. “Intellectual Property Rights” means any and all intellectual property rights wherever in the world and whenever arising (and including any application), including patent laws, copyright, trade secrets, know-how, confidential information, business names and domain names, computer programs, trademark laws, service marks, trade names, utility models, design rights, semi-conductor topography rights, database rights, goodwill or rights to sue for passing off, and any and all other proprietary rights worldwide. You agree that you will not, and will not allow any third party to,

  • Copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Voxel Art Store or the Packages, unless otherwise permitted.
  • Take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the Voxel Art Store or packages.
  • Use the Voxel Art Store or Packages to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights.
  • Remove, obscure, or alter the Company or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Voxel Art Store or Packages.

While the Company does not undertake any legal obligation to monitor, pre-screen, review, flag, filter, modify, refuse or remove any or all Packages or their content from the Voxel Art Store, the Company reserves the right to do so, and if the Company is notified by Vendor or otherwise becomes aware and determines in its sole discretion that an Package or any portion thereof; (a) violates the intellectual property rights or any other rights of any third party; (b) violates any applicable law or is subject to an injunction; (c) is pornographic, obscene or otherwise violates the Company hosting policies or other terms of service as may be updated by the Company from time to time in its sole discretion; (d) is being distributed by Vendor improperly; (e) may create liability for the Company; (f) is deemed by the Company to have a virus or is deemed to be malware, spyware or have an adverse impact on the Company; (g) violates the terms of this Agreement; or (h) the display of the Package is impacting the integrity of the Company servers (i.e., Customers are unable to access such content or otherwise experience difficulty), the Company may demand that Vendor fixes the Package. In addition the Company shall itself be entitled to edit and make changes in the Package. Finally the Company shall be entitled to remove the Package from the Voxel Art Store immediately, or reclassify the Package at its sole discretion. The Company reserves the right to suspend and/or bar any Vendor from the Voxel Art Store at its sole discretion. Irrespective of the above, you agree that by using the Voxel Art Store you may be exposed to Packages that you may find offensive, indecent or objectionable and that you use the Voxel Art Store at your own risk.

You agree that the Website Terms apply to any User Content (as defined in those additional terms) on the Voxel Art Store. You further agree that Voxel Art Store’s Privacy policy applies to your use of the Voxel Art Store.

Services and third party packages and services

Some components of Packages (whether developed by the Company or third parties) may also be governed by applicable open source software licenses. In the event of a conflict between the Terms, the applicable EULA and any such licenses, the open source software licenses shall prevail with respect to those components.

Automatic updates

Packages originating from the Company and Vendors may communicate with the Company servers or Vendor’s servers as the case may be from time to time to check for available updates to the Voxel Art Store and the Packages, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). By installing these Packages, you agree to such automatically requested and received Updates. TheVoxel Art Store may make connections to remote servers to provide the Company with anonymous usage statistics collected by Google Analytics that the Company uses to improve the Voxel Art Store. The Voxel Art Store may also have features that confirm your compliance with the terms of this Agreement.

Indemnifications

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Voxel Art Store, including your downloading, installation, or use of any packages, or your violation of these Terms.

Termination

These Terms will continue to apply until terminated by either you or the Company as set out below.

If you want to terminate these Terms, you may do so by ceasing your use of the Voxel Art Store and any Packages downloaded from the Voxel Art Store.

The Company may at any time, terminate these Terms with you if: (A) you have breached any provision of these Terms; or (B) The Company is required to do so by law; or (C) The Company decides to no longer provide the Voxel Art Store.

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time whilst these Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of General Terms of this page shall continue to apply to such rights, obligations and liabilities indefinitely.

Disclaimer of warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE VOXEL ART STORE AND ANY PACKAGES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE VOXEL ART STORE IS AT YOUR SOLE RISK AND THAT THE VOXEL ART STORE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN PARTICULAR, THE COMPANY, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE PACKAGES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE PACKAGES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE PACKAGES WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE PACKAGES WILL BE CORRECTED.

YOUR USE OF THE VOXEL ART STORE AND ANY PACKAGES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE VOXEL ART STORE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY PACKAGES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE VOXEL ART STORE AS WELL AS THE VOXEL ART STORE ITSELF.

NONE OF THE PACKAGES ARE INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE PACKAGES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Limitation of liability

THE COMPANY AND ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY UNDER THESE TERMS WILL BE LIMITED TO THE AMOUNTS PAID TO THE COMPANY BY YOU IN THE PAST SIX MONTHS FOR THE PACKAGES RELATING TO THE DISPUTE. IN NO EVENT WILL THE COMPANY OR ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES SHALL BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PACKAGE STORE OR ANY PACKAGES DOWNLOADED OR OTHERWISE OBTAINED FROM THE VOXEL ART STORE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY, DEVELOPER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS IN THE PACKAGES OR ON THE VOXEL ART STORE;

(II) ANY CHANGES WHICH THE COMPANY MAY MAKE TO THE PACKAGES OR ON THE VOXEL ART STORE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE VOXEL ART STORE OR THE PACKAGES (OR ANY FEATURES WITHIN THE PACKAGES);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE VOXEL ART STORE OR THE PACKAGES;

(IV) YOUR FAILURE TO PROVIDE THE COMPANY WITH ACCURATE ACCOUNT INFORMATION;

NOTHING IN THE TERMS EXCLUDES THE LIABILITY FOR THE COMPANY, ITS SUBSIDIARIES OR AFFILIATES FOR: (I) DEATH AND PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED BY APPLICABLE LAW.

Change of terms

The Company may add or make changes to the Terms from time to time. When these changes are made, the Company will make a new copy of the Terms available at the Voxel Art Store.

You understand and agree that if you use the Voxel Art Store and the Packages after the date on which the Terms have changed the Company will treat your use as acceptance of the updated Terms.

General legal terms

These Terms constitutes the whole legal agreement between you and the Company and govern your use of the Voxel Art Store and the Packages, and completely replace any prior agreements between you and the Company in relation to the Voxel Art Store and the Packages. Each party confirms that, in entering into the Terms it has not relied upon any representations or statements not expressly incorporated herein. Notwithstanding anything else in the Terms, neither party limits or excludes liability for fraudulent misrepresentation.

You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in these Terms (or which the Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of the Company’s rights and that those rights or remedies will still be available to the Company.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.

You acknowledge and agree that each member of the group of companies with which the Company is affiliated shall be third party beneficiaries to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms that confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to these Terms. (whether pursuant to the contract, law or otherwise).

The rights granted in the Terms may not be assigned or transferred by you without the prior written approval of the Company. Nor shall you be permitted to delegate your responsibilities or obligations under these Terms without the prior written approval of the Company.

The rights granted in the Terms may be assigned or transferred by the Company without your prior written approval. In addition the Company shall be permitted to delegate its responsibilities or obligations under these Terms without your written approval.

These Terms, and your relationship with the Company under these Terms, shall be governed by the laws of Denmark without regard to its conflict of laws provisions. Any dispute arising out of or in connection with these Terms, including any disputes regarding the existence, validity or termination thereof, shall be settled by simplified arbitration arranged by The Danish Institute of Arbitration in accordance with the rules of simplified arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced. Notwithstanding this, you agree that the Company shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Terms of serviceUpdates

We reserve the right to modify this terms at any time. We recommend you review this page frequently. If we make material changes to this terms, we may notify you on our website, by a blog post, by email, or by any method we determine. The method we chose is at our sole discretion. We will also change the last updated date at the beginning of this page. Any changes we make to our terms of service are effective as of this last updated date and replace any prior terms of service.

Contact Us

If you have any questions about our terms of service, please visit this page where you can find all the necessary information to contact us.