Last updated on November 7, 2018.
1.ACCEPTANCE OF TERMS
2.INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
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
3.3 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
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 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
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.
12.1 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.