Terms of Use

Last updated on November 7, 2018.

 

Please read these Terms of Use carefully before accessing or using this website, software, contents, and/or digital files made available by Baria CG.

 

1.ACCEPTANCE OF TERMS

1.1 You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that bariacg.com. (“Baria CG”) may publish from time to time (collectively, the “Terms of Use”). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

1.2 Baria CG may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” link on the home page of bariacg.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

 

2.INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

2.1 Subject to your compliance with these Terms of Use, any applicable license agreement with Baria CG, and the law, you may access and use the Site. Baria CG remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Use. Baria CG may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Baria CG’s sole discretion. Baria CG provides the Site on an “as is” and “as available” basis.

2.2 All content on this Site, including but not limited to Images, Footage, Digital files, and related metadata (collectively the “Baria CG Content”), as well as the selection and arrangement of the Baria CG Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Baria CG Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Baria CG, Baria CG does not grant any express or implied permission to use the Site or any Baria CG Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Baria CG Content.

2.3 Unless you enter into a license agreement with Baria CG you may not download, distribute, display and/or copy any Baria CG Content.

 

3.Baria CG TRADEMARKS

3.1 For the purposes of these Terms of Use, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Baria CG.

3.2 Nothing contained herein grants or shall be construed to grant you any rights to use any Baria CG Trademark, unless expressly conferred by these Terms of Use.

3.3 You agree that you will not use Baria CG’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Baria CG.

3.4 You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Baria CG Trademarks or the Trademark rights claimed by Baria CG.

3.5 You agree that you will not use any Baria CG Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.

3.6 You may not at any time, adopt or use, without Baria CG’s prior written consent any word or mark which is similar to or likely to be confused with Baria CG’s Trademarks.

3.7 The look and feel of the Baria CG website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Baria CG and may not be copied, imitated or used, in whole or in part, without the prior written consent of Baria CG.

3.8 All other trademarks, product names, and company names or logos used or appearing on the Baria CG website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Baria CG, unless expressly so stated.

3.9 You may not use a Baria CG trademark, logo, Image or other proprietary graphic of Baria CG to link to the Baria CG website without the prior written consent of Baria CG.

3.10 You may not frame or hotlink to the Baria CG website or any Image without the prior written consent of Baria CG.

 

4.INFORMATION YOU PROVIDE

4.1 Baria CG (or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to Baria CG subject to your agreement with the applicable third-party platform. Baria CG’s collection and use of all such information shall at all times conform to this Terms of Use, the Baria CG Privacy Policy, and applicable law.

4.2 Baria CG will use and protect your personal information, such as your name and address, in accordance with the Baria CG Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.

 

5.LIMITATIONS

5.1 You agree that you shall not:

  • Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Baria CG or any third party.
  • Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.
  • Violate the rights of Baria CG or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

 

6.RESTRICTION AND TERMINATION OF USE

6.1 Baria CG may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or Baria CG Content at any time in Baria CG‘s discretion, without prior notice or liability to you. Any conduct by you that, in Baria CG’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.

 

7.LINKS TO THIRD PARTY SITES

7.1 In the event that the Site is available through any third-party platform, or if Baria CG provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that Baria CG makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Baria CG, and Baria CG provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Baria CG.

 

8.WARRANTIES AND DISCLAIMERS

8.1 Your use of the Site is at your own risk. The Site is provided by Baria CG under these terms of use “as is” without warranty of any kind, either express, implied, statutory or otherwise. Baria CG expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Baria CG makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. Baria CG makes no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that Baria CG will continue to support any particular feature of the Site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.

 

9.INDEMNIFICATION

9.1 You agree to defend, indemnify and hold harmless Baria CG, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Baria CG Content, or your violation of any rights of another.

 

TERMS OF LICENSE AGREEMENT BETWEEN Baria CG AND THE BUYER

 

10.General Terms of Licensing

10.1. Following the payment of any applicable license fee for Product, the Buyer acquires a license in accordance with the terms and conditions of this section. Any license rights relating to the Product are contingent upon the transfer of money (except for the free Products) from the Buyer to Baria CG. All license rights terminate immediately and without notice if a sale is reversed for any reason.

10.2. All licenses of the Products are non-transferrable. 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 Baria CG in the Product description section of the Site, the Baria CG retains copyright in Products purchased or downloaded by any Buyer.

10.3. The license to use the Product is non-exclusive, non-transferable and is granted only to you as the original Buyer.

10.4. Any Product, returned to Baria CG 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. Product obtained by means of theft or fraudulent activity of any kind is not granted a license.

 

11.Royalty Free License

11.1. Product may not be sold, given, or assigned to another person or entity in the form it is downloaded from the Site.

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

– as part of a physical object such as a toy, doll, or model.

11.3. If you use any Product in software products (such as video games, simulations, or VR-worlds) you must take all 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 360, Playstation 3, 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.

11.4. Without prejudice to sub paragraphs 11.1-11.3, Baria CG grants to the Buyer who purchases license rights to Product and uses it solely as Incorporated Product a non-exclusive, worldwide, license in any medium now known or hereinafter invented to:

– reproduce, post, promote, license, sell, publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes

– use any trademarks, service marks or trade names incorporated in the Product in connection with Baria CG material;

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

11.5. Absent a written grant of rights greater than that contained in section 11 “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 Baria CG.

11.6. 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.

 

12.Governing Law

12.1 These Terms shall be governed and construed in accordance with the laws of Thailand without regard to its conflict of law provisions.

12.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.