WHO ARE WE AND WHAT DO WE PROVIDE?
The website www.reawote.com (“Website”) is owned and operated by company Real World Textures s.r.o., having its registered seat at Štefánikova 612/38c, Ponava, 612 00 Brno, Czech Republic, corporate ID No. 09114980 (“we”, “us” or “our”).
The Website is offering an online library of various content such as high-quality PBR materials of real products, textures, models, HDRs, digital pictures and files, etc. (“Assets”) for their further utilisation in 3D visualisations which allows the customer to create and develop products for either personal or commercial purpose. The library is also connected to websites of worldwide manufacturers of surfaces which ensures the fluent workflow between architects, designers, and manufacturers (all the services provided under the Website together as “Services”).
By signing up or otherwise using any of the Services, including all associated features and functionalities, user interfaces, as well as all the content and software applications (if any) associated with our Website the customer (“you”, “your” or “yours”) is entering into a binding contract with us. Any other terms used by you are not applicable.
Before using our Website and Services, please read carefully the following terms & conditions ("Terms & Conditions"). Your access to the Website and the use of the Assets or Services is conditioned on your acceptance of and compliance with Terms & Conditions as they form an integral part of the contract.
TERMS & CONDITIONS
These Terms & Conditions apply to all visitors, users (customers) and others who access or use our Website, Assets or Services. By accessing or using our Website, Assets or Services you agree to be bound by these Terms & Conditions. If you do not agree with any provisions of the Terms & Conditions, then you may neither access the Website nor use the Assets or the Services.
If you accept the Terms & Conditions on behalf of a company or another legal entity, you represent that you have the authority to bind such entity and/or its affiliates to these Terms & Condition, in which case the terms “you” or “your” shall refer to such entity, its affiliates and users associated therewith. If you do not have such authority, or if you do not agree with these Terms & Condition, then you may neither access the Website nor use the Assets or Services.
You are subject to Terms & Conditions valid and effective at the time registering your customer account.
We reserve the right, at our sole discretion, to modify or unilaterally change or replace these Terms & Conditions (or any part thereof) at any time. If such revision or modification(s) is material, we will inform you about the respective change as appropriate under the circumstances, e.g., by displaying a prominent notice within the Services or on our Website or by sending you an e-mail. What constitutes a material change will be determined at our sole discretion. If you do not want to accept a change or modification, you can terminate the contract when the changes take effect. Your continued use of the Services after such revision or modification(s) will be deemed to be your conclusive acceptance of all modifications to these Terms & Conditions.
You covenant, represent, and warrant to us that you have the full right, power, legal capacity, and authority to enter into and perform this contract and have obtained any third-party consent (if necessary).
The access to and the use of the Services allowing you to create and develop products by using the Assets during a certain period of time the length of which depends on the specific type of your subscription (“Term”) is subject to the conclusion of a contract between you and us under the terms and conditions specified herein. For the avoidance of any doubts, these Terms & Conditions are binding also for users of the free monthly/annual plans.
We are entitled to fulfil our obligations under this contract through third parties as well as assign or otherwise transfer any rights and/or obligations arising from this contract to third parties even without your explicit consent.
You are not entitled to assign or otherwise transfer any rights and/or obligations arising from this contract to any third party without our prior explicit written consent.
You are not entitled to offset any receivables arising from this contract unless agreed otherwise in writing.
Any offers made by us towards you are non-binding unless expressly stated otherwise in writing. You are not permitted to disclose the offers or make them otherwise available to third parties.
3. REGISTRATION AND SUBSCRIPTION
To access and use the Services you must (i) register a customer account with the Website (“Account”); (ii) choose the appropriate type of monthly/annual subscription plan; (iii) pay the respective fees according to the selected type of your monthly/annual subscription plan; (iv) obey the rules on the permitted use of Services as well as abide other provisions of these Terms & Conditions.
While registering the Account with our Website you will be asked to provide selected user information. You are obliged to provide true, accurate, current, and complete user information as requested when registering the Account and maintain and update such information to keep it true, accurate, current, and complete for the whole Term. We assume no obligation to verify the information you have provided us with. If you provide any information which is false, outdated, or incomplete or we have a reason to believe that the information is false, outdated, or incomplete, we are entitled to suspend or terminate your access to or provision of the Services (or any part thereof), in particular by terminating your Account, removing, editing or deleting any Assets or other content, cancelling your orders or taking any other actions (as necessary). We are not liable for any damage you may suffer as a result of such actions.
You are solely responsible for maintaining the confidentiality of information concerning your Account (especially those contained in your customer profile such as password, billing information, etc.) and for restricting access to any computer, smartphone, tablet or any other electronic device that you use to access the Service. You hereby accept the sole responsibility for all activities that occur under your Account and thus we may assume that all actions undertaken from your Account (or whitelisted IP address) are authorised and supervised by you.
If you became aware or have a reason to believe that your Account has been accessed by an unauthorised third party or is otherwise compromised, you are obliged to inform us about it without undue delay, notwithstanding your obligations to take immediate effective measures, such as changing your login credentials.
The number of users permitted to access and use the Services is determined according to the chosen type of subscription plan (“Permitted Users”). You may not, under any circumstances, whether intentionally, or through negligence or inaction, allow or enable persons other than the Permitted Users to access or use the Services.
We are entitled to refuse to offer the access to or provision of the Services to any person at our sole discretion.
4.SUBSCRIPTION, FEES AND LICENSES
The Services are offered based on regular (monthly/annual) subscriptions. For each type of subscription applies different fees the list of which is stipulated in the section “PRICING AND PLANS” (accessible via your profile within the Account) or in our limited offer (as applicable), unless agreed otherwise in writing. We reserve the right to make limited offers outside the scope of the currently valid list of pricing and subscription plans.
The fees are payable in advance. The fees are duly and timely paid at the moment of its crediting to our bank account or to the bank account of a third party (as the case may be).
If you chose the recurring payments your credit card will be charged by us or our partner repeatedly (on a monthly/annual basis). Your permission to allow recurring payments is established by your acceptance of these Terms & Conditions.
We do not provide any refund of the paid fees unless the provision of Services was refused on the grounds solely on our side (e.g. we were unable to secure proper function of the Services and/or properly fix malfunctions thereof).
Once you pay the respective fees your Account will be credited with the credits for which you can download the Assets (or limited selection thereof) and use the Services to create and develop your own products. The credits are not refundable unless stated otherwise herein.
Credits that have not been used in any month will be rolled over under the following conditions:
- Credits gained under the free license will not be rolled over;
- Credits gained under basic license within the respective month will be rolled over into the following 1 month after which unused rolled over credits will be cancelled;
- Credits gained under professional license within the respective month will be rolled over into any of the following 3 months after which unused rolled over credits will be cancelled;
We reserve the right to change the fees, the credit costs, the number of monthly credits per individual license, the payment terms, price of our Assets as well as to replace the credit system and relating services with an alternative payment system at any time without prior notice. Such changes will, however, not affect the fees already paid or credits used or payment terms for any Assets or Services already purchased and paid for in full.
We are a payer of value-added tax (VAT) according to the laws of the Czech Republic. Fees are exclusive of all (local) taxes, duties and other government charges as may be applicable. Payment can be made by credit card or as explained further on the Website.
Types of licenses
Subject to terms of this contract and your continued compliance therewith we grant you a limited, non-exclusive, revocable license which is not sublicensable and non-transferable for access or use of the Services by any other person than a Permitted User.
This type of license is provided for a single individual (natural person) only and exclusively for non-commercial purposes. Under this license, you will be the only Permitted User and your Account will be credited with a certain amount of credits (according to the currently valid offer or pricing list) allowing you to download a limited selection of Assets (or Assets in a smaller size). Any product created or developed under this license may never be used or made available in any commercial/corporate product or service without our prior written consent.
This type of license is provided only for a single individual (either natural or legal person) and for commercial purposes. Under this license, you will be the only Permitted User and your Account will be credited with a certain amount of credits (according to the currently valid offer or pricing list) allowing you to download any type of Assets.
This type of license is provided for single individuals (both natural and legal persons) and for commercial purposes. The Permitted User under this type of license means you and up to 3 other users who must all be your personnel. Your account will be credited with a certain amount of credits (according to the currently valid offer or pricing list) allowing you to download any type of Assets.
5. PERMITTED USE OF SERVICES
You agree that you will not (and will not allow any third party to):
- sell or distribute Assets (modified or not);
- access the Assets (modified or not), Services or other content displayed on Website to any third party in a stand-alone or re-distributed manner which is the same or similar to that provided by us under this contract;
- use Assets to create, develop or sell products or services that are comparable to the Services or to the library belonging to us or copy any ideas, features, functions, graphics, interface, etc. related to the Website, Assets or Services;
- use the Assets for creating products sold via “print on demand” (for example mugs, T-shirts, mouse mats, etc.) or products such as skins for laptops, phones and other devices, print wallpapers, fabrics, vinyl wraps, etc.
- gather or extract data (whether manually or robotically) from our Website or library, including by indexing, caching, aggregation, etc.;
- test our Website for technical vulnerabilities, or circumvent any security measures or access restrictions;
- copy, reproduce, modify, publicly disclose (or otherwise make available) the Assets, the outputs of the Services or any other information displayed on the Website;
- upload, e-mail, or otherwise transfer any files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- create derivative works from our Website, Assets, Services, applications, software, materials, etc. if this would constitute copyright infringement, unfair competition, or otherwise infringe the intellectual property rights of us, our partner, or any other third party unless prior written consent was granted from us, our partner or the affected third party (as the case may be);
- modify, translate, reverse engineer, decompile, or disassemble Website, Assets, Services, applications, software, materials, etc.;
- rent, lease, transfer the Assets or Services to a third party;
- use the Assets or the Services for any illegal purposes;
- use the Assets or the Services in any manner which violates the rights of a third party, including without limitation intellectual property rights;
- use our intellectual property rights to your advantage without our explicit prior written consent;
- use the Assets or Services in any manner that breaches any provision of this Terms & Conditions;
- take any action that imposes an unreasonable or disproportionately large load on the Services, system or servers, etc.
Any breach or attempted circumvention of this clause or misuse of the license entitles us (at our sole discretion) to refuse further provision of the Services, remove or edit content and delete Assets or cancel your orders, terminate this contract with an immediate effect and/or permanently suspend your access to the Account or to the Services. We are not liable for any damage you may suffer as a result of such actions. You are further obliged to compensate us for any and all losses and damages incurred therewith.
6. INTERNET ACCESS, SERVICES PROVIDED BY THIRD PARTIES
For proper transmission of and access to the Service, it is required a high-speed Internet connection. You are responsible for procuring and maintaining the network connections that connect your network to the Services. We are not responsible for notifying you of any upgrades, fixes or enhancements to any software or for any compromise of data, including your data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by us or our partners. We assume no responsibility for the reliability or performance of any connections as described in this section.
7. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights belong solely to us or our licensors. We (or the respective licensors) own all rights, titles, copyrights and other intellectual property rights and interests, including but not limited to all trademarks, service marks, and trade names in respect to Assets, Services, software, materials, any documentation and any copies thereof and retains all such rights and any other products and services. Except as expressly granted in this Terms & Conditions no license, right or interest in any patent, trademark, copyright, trade name or service mark is granted to you. For the avoidance of doubts, you acknowledge that the Services are licensed, not sold.
Some Assets may contain man-made graphic materials such as wallpaper patterns, logos, brand names or signs. Even though the intellectual property rights in the Assets “as they are” belong to us or our licensors, certain usage of these Assets may breach third party rights or may otherwise not be permitted. The use of Assets in which such material is incorporated is at your own discretion and risk and is your sole responsibility.
You agree not to assert any claim, action or proceeding for infringement of any intellectual property rights against us.
You can contact us any time at email@example.com.
9. LIMITATION OF LIABILITY
We are not liable for any direct, indirect, punitive, special, incidental, or consequential damages that result from your use of our Website, Assets, Services or related documentation or in connection with or arising out of or relating to this contract. In any event, our entire liability for any damages shall be limited to the actual damages you incurred in a reasonable reliance on our Website, Assets, Services or related documentation or in connection with or arising out of or relating to this contract, but in any case up to the amount actually paid by you for the Services within twelve months prior to the moment the cause of the damage occurred. In no event shall our aggregate liability for all incidents during the Term exceed the aggregate amount actually paid by you for the Services. The aforementioned limitations shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
We make no representation or warranty as to the completeness or accuracy of the information contained on the Website or that the Services will be available at all times or that it will function in a manner or as fast or efficient as you may expect or desire. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained on the Website. We, therefore, exclude all implied warranties, including any warranty of merchantability, title, durability, fitness for a particular purpose, non-infringement, etc. We are in no event liable to you or anyone else for any decision made or action taken in reliance on the information on the Website or for any consequential, special or similar damages.
You assume all risk for any damage to your computer or other systems and network caused by using our Website, including any damage resulting from viruses, etc.
Our Website contains links to websites owned and operated by third parties (such as worldwide manufacturers of surfaces, etc.). If you use these links you leave our website. These links are provided for your information and convenience only and are not an endorsement by us of the content of such linked websites or third parties' goods or services. We cannot be held liable for commitments of third parties who offer, provide or arrange for goods or services on such websites. We have no control over the content of any linked website, their content or availability of goods or services offered, provided or arranged for. We make no representations as to the accuracy, legality or content of the external website or for that of subsequent links.
If you decide to access any third parties' websites and make use of the information contained on them and/or enter into any contract for the supply of goods or services from such third parties, you do so entirely at your own risk. We accept no liability for damage or loss, however, caused in the connection with the use of or reliance on any information, material, products or services contained on or accessed through any such linked website.
Contact the external website for answers to questions regarding its content.
10. TERMS OF THIS CONTRACT AND TERMINATION
This contract is made for a definite period of time according to the respective type of subscription (already defined above as “Term”). This contract is effective upon your acceptance of these Terms & Conditions and lasts until the termination thereof. If you have chosen a recurring subscription, the subscription will automatically renew with successive terms equal to the initial Term.
The license granted to you under the contract will expire automatically at the end of the current Term.
You can terminate your license for any reason any time during the Term in your customer profile under “PRICING AND PLANS” by using (clicking on) the button “CANCEL SUBSCRIPTION” as a result of which your payment obligation will expire at the end of the current Term.
We can terminate this contract (including the license granted herein) for any reason at any time during the Term with one (1) month notice period while providing you with a pro-rata refund if you have any time remaining on your annual Term subscription.
Without prejudice to any other provisions of these Terms & Conditions, we can terminate this contract (including the license granted herein) for any reason any time during the Term with an immediate effect in case you breach any provision of these Terms & Conditions. We are not liable for any damage you may suffer as a result of such actions and we are not obliged to provide you with a refund of prepaid fees or purchased credits either.
Termination of the contract (including the license granted herein) will result in your Account being deactivated.
The Services, related materials and any other documentation contain information of confidential and proprietary nature. You agree to maintain the confidentiality of the Service, related materials and any other documentation even after termination of the contract.
The unenforceability or invalidity of any provision of this Terms & Conditions, in whole or in part, may not affect the enforceability or validity of the remainder of this Terms & Conditions or the contract. In the event that any such provision should become unenforceable or invalid for any reason, the parties must consult and agree on a legally acceptable manner of giving effect to the commercial objectives contained in such unenforceable or invalidated provision of these Terms & Conditions and the contract.
13. WHOLE AGREEMENT
The contract contains the whole agreement between the parties relating to the subject matter at the date of this contract to the exclusion of any non-mandatory terms implied by law and supersedes any previous written or oral agreement between the parties in relation to the matters dealt with in this contract.
14. GOVERNING LAW AND JURISDICTION
This contract and any non-contractual obligations arising out of or in connection with it are governed by and must be construed in accordance with Czech law, without regard to its conflict of laws rules.
Any dispute, claim or point subject to debate between you and us arising out of or in connection with this contract (including issues relating to its validity, effectiveness and interpretation) will be referred for resolution to the relevant court in the Czech Republic.
The place of provision of our Services is the place of our registered office (as stated above).
In the event of a dispute between you (as a consumer within the meaning of § 419 of the Czech Civil Code) and us, arising from the use of our Services, you are entitled to submit a proposal for out-of-court settlement of the dispute to the Czech Trade Inspector (www.coi.cz). Find out more information here. Prior to the initiation of such proceedings, you are advised to contact us first at firstname.lastname@example.org. Consumers residing in another EU Member State, Norway or Iceland are entitled to apply for an out-of-court settlement of their dispute with us through the European Consumer Centre in their country of residence; A list of relevant consumer centres is available on the European Commission's website.
The governing language of these Terms & Conditions is English. The Terms & Conditions may be translated into other languages, but in the event of any contradiction between the English and other language versions, the English version shall prevail.
These Terms & Conditions are in effect as of [●].
Last updated: [●] April 2021