LICENSE AGREEMENT

This license agreement (“User License”) is between Kushi Textures and you, the user or customer. All purchases and use of content from the Kushi Textures website and associated stores is conditional upon you agreeing to the terms and conditions outlined below. You must not purchase, download or use content from Kushi Textures in any manner if you do not agree to these terms.

As Licensor, Kushi Textures reserves the right to change, amend, and update this agreement without prior notice and at any time. For that reason, it is recommended that you visit this license page periodically. Following any license changes, continued use of content by Kushi Textures will constitute acceptance of such changes by you.

Kushi Textures creates content for purchase and commercial or private use. All content is free of royalties, meaning you will not incur additional payments or royalty fees as a result of purchasing content.

All textures, meshes, models, wording, trademarks, logos or website content used in association with Kushi Textures are covered by this license. By purchasing or downloading content you are agreeing to this license by default.

By purchasing content from Kushi Textures website or any associated store, you are purchasing the legal right to use said content according to this license. You are not purchasing the content itself. Legal ownership and intellectual rights of all content appearing on Kushi Textures website or any associated store remain with Kushi Textures.

You may not use content from Kushi Textures without purchasing said content (and consequently the license to use it) from either the Kushi Textures website or associated store. Records of all purchases are held for accounting and auditing purposes. If you are unsure of the licensing of any textures you may possess, please contact kushi@kushitextures.com and we will assist in obtaining the appropriate license if required.

 

CONDITIONS OF USE - EXTENDED / OPEN LICENSE

Content is only covered by the Extended / Open License when purchased from this Kushi Textures website. Extended License applies to purchases from any other associated store/s only where an extended license has been purchased from that store directly and with written permission.

Use of Kushi Textures website content under the Extended License is allowed for personal or commercial conditional upon the usage being in compliance with these terms and conditions:

1. private or commercial use;
2. commercial use should include the following statement in any accompanying documentation: "One or more graphics used in this project have been sourced from www.kushitextures.com. These graphics may not be distributed by default and Kushi Textures licensing applies. Please visit www.kushitextures.com for further information.";
3. use in virtual worlds for the purpose of object creation / texturing or creation of objects for sale provided you ensure your end user does not have direct access to any modified or unmodified content originating from Kushi Textures;
4. use of Scrap Book creation where artwork is to be printed on physical goods such as gift cards, greeting cards, calendars or photo frames (or any other "physical" or printed content);
5. use in (online or printed) magazines, cartoons, books and advertising publications and all other printed media. This includes commercial usage;
6. use in movies, tv shows or documentaries;
7. incorporation in computer games, 3D models where the original content is not packaged separately or as part of the end product: your end user must not have direct access to any modified or unmodified content originating from Kushi Textures;
8. creation of 3D models/meshes providing end user does not have direct access to any modified or unmodified content originating from Kushi Textures;
9. use in educational establishments for training and teaching of graphic design and related digital art or design classes.

You Are NOT permitted to:

1. you may not sell, distribute or share any website content in edited or original format or where the end product you are selling or distributing is a texture or collection of textures. This means you may not sell or distribute any texture (original or modified) by itself, in a bundle, collection, as clip art, or digital art;
2. bundling any modified or original website content with software such as graphic editing programs, 3D software etc is not permitted without written permission. Please contact kushi@kushitextures.com if you wish to use content in this way;
3. include modified or original website content under Open Source Licenses;
4. use any website content in any graphic design themes or templates sold to multiple customers on digital marketplaces (this includes stock photography, clipart, templates or themes for websites, business cards and e-cards) without prior written consent;
5. use any website content for creating products sold via 'print on demand' websites (for example print on demand mugs, T-shirts, mouse mats, etc) without prior written consent.

 

CONDITIONS OF USE - Second Life ONLY

Use of Kushi Textures or content purchased within Second Life or on Second Life Marketplace is only permitted under adherence to the following conditions:

1. textures purchased within Second Life or on Second Life Marketplace are licensed for use ONLY within Secondlife.com. Transferring, usage or sale of textures purchased within Second Life or on Second Life Marketplace to any other Virtual World, grid, platform or for any other use is prohibited. An extended license is available for such situations.
2. you may sell and transfer any creation you make using textures from Kushi Textures but not the content in its original form. This means you may not share, sell or distribute textures as digital files in any manner.
3. you may save purchased content from Kushi Textures to one computer for the purpose of modifying/editing for use on personal or commercial creations within secondlife.com. You may not purchase the textures in Second Life, download to your computer then upload to a different Virtual World, grid, platform or for any other use. An extended license is available for such situations.
4. you may sell anything you create using the modified textures (or the textures in their original format) but not the modified textures as ‘texture files’.

You are NOT permitted to:

1. you may not share, give away, distribute, sell or publish content from Kushi Textures within or outside of Second Life – this includes 3^rd party websites, blogs, burning to CD or DVD’s, sharing on torrents or P2P sites, sharing with friends, customers, groups, or other grids;
2. you may not save content to your computer with the purpose of modifying to any degree with the intention of selling or distributing the textures in any form.

Terms of Service for Secondlife.com was amended on 6^th October 2010 to include the following clause:

7. CONTENT LICENSES AND INTELLECTUAL PROPERTY RIGHTS

7.8 You agree to respect the Intellectual Property Rights of other users, Linden Lab, and third parties.
 {You agree that you will not copy, transfer, or distribute outside the Service any Content that contains any Linden In-World Content, in whole or in part or in modified or unmodified form, except as allowed by the Snapshot and Machinima Policy, or that infringes or violates any Intellectual Property Rights of Linden Lab, other Content Providers, or any third parties.}
By breaching our User License you would also, by default, be breaching the secondlife.com TOS and as such your Secondlife.com account may be suspended or banned.

Full documentation can be found at: http://secondlife.com/corporate/tos.php#tos7

 

REFUND POLICY

Refunds will not be given for purchases due to the digital nature of the product. Please take the time to evaluate the product prior to purchasing. We are more than happy to assist by answering any questions you may have about a product.

Should you encounter faults or errors, please contact kushi@kushitextures.com and we will investigate; with a replacement offered where content is proved to be faulty or ‘not as described’.

 

ACCOUNT REGISTRATION AND USE

1. you, the customer, are required to register for an account in order to facilitate the purchase and downloading of digital content. This also permits you to re-download purchases up to a maximum of 3 times. If furthesr downloads are required please contact us;
2. the account holder is responsible for this account and all activity which occurs on it;
3. accounts are for the personal use of the account holder only and must not be shared with third parties unless othewise stated in writing;
4. the account holder must secure access to the account; in particular by maintaining the security of login credentials by not sharing them with a third party;
5. all actions undertaken from the account will be assumed to be authorised and supervised by the account holder. this means the account holder will be liable for these actions up to the time the account holder notifies Kushi Textures that a third party knows your password;
6. upon becoming aware or suspicious that the account has been accessed by an unauthorised third party or is otherwise compromised the account holder is obliged to take immediate action to change login credentials and notify kushi@kushitextures.com of any suspicious activity immediately.

 

LIMITATION OF LIABILITY

Kushi Textures shall not be held liable for any damages, direct, indirect, punitive, special, consequential, incidental, or any exemplary damages from your use of the website and the content included within or use of any third-party payment mechanism and you hereby release Kushi Textures, jointly and separately, from any and all such claims.

 

INDEMNIFICATION

You agree to indemnify and hold Kushi Textures harmless against all claims or liability asserted against Kushi Textures arising out of or in connection with any breach by you or anyone acting on your behalf of any of this License.

 

GENERAL

Kushi Textures controls, operates and administers this website and is registered as a business in Australia under ABN 63 273 259 143.

By accessing this website, you acknowledge and agree that all matters relating to access or use of this website and its content is governed by the laws of Australia and international laws and treaties. You also consent that any claims or disputes shall be submitted to the exclusive jurisdiction of the courts and legal processes of Australia and international laws and treaties (where applicable).

Kushi Textures may change these terms and conditions or pricing at any time without prior notice. Changes to these tserms and conditions will apply immediately any change is implemented.

Any usage of website conetnt after the date of effect shall constitute your acceptance of the changed licensing agreement or prices.

 

DMCA (Digital Millennium Copyright Act)

Please contact kushi@kushitextures.com in relation to any copyright matters.

  

COOKIES AND PRIVACY

This privacy policy sets out how this website (hereafter "Kushi Textures") uses and protects any information that you give Kushi Textures while using this website. Kushi Textures is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Kushi Textures may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

 

PRIVACY POLICY

Kushi Textures respects the privacy of the personal information provided by the individuals with whom we have any interaction. Kushi Textures will not disclose or sell personal information of our members, customers or individuals who visit our website.

We will not send newsletters, emails or offers without your prior consent. Any information submitted by purchasers is used solely for the purpose of completing the transaction, product delivery and attending to customer service issues. Your personal information will not be disclosed or sold to third parties with the exception of demands with accompanying court orders by governing authorities or legal entities.

 

WHAT WE COLLECT

We may collect the following information:

• name
• contact information including email address
• demographic information such as postcode, preferences and interests
• other information relevant to customer surveys and/or offers

For the exhaustive list of cookies we collect see the LIST OF COOKIES WE COLLECT section.

 

WHAT WE DO WITH THE INFORMATION WE GATHER

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

• Internal record keeping.
• We may use the information to improve our products and services.
• We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

 

SECURITY

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

 

HOW WE USE COOKIES

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

 

LINKS TO OTHER WEBSITES

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

 

CONTROLLING YOUR PERSONAL INFORMATION

You may choose to restrict the collection or use of your personal information in the following ways:

• whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
• if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by letting us know using our Contact Us information

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please email us this request using our Contact Us information.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

 

LIST OF COOKIES WE COLLECT

The table below lists the cookies we collect and what information they store.

Cookie Name	Cookie Description
FORM_KEY	Stores randomly generated key used to prevent forged requests.
PHPSESSID	Your session ID on the server.
GUEST-VIEW	Allows guests to view and edit their orders.
PERSISTENT_SHOPPING_CART	A link to information about your cart and viewing history, if you have asked for this.
STF	Information on products you have emailed to friends.
STORE	The store view or language you have selected.
USER_ALLOWED_SAVE_COOKIE	Indicates whether a customer allowed to use cookies.
MAGE-CACHE-SESSID	Facilitates caching of content on the browser to make pages load faster.
MAGE-CACHE-STORAGE	Facilitates caching of content on the browser to make pages load faster.
MAGE-CACHE-STORAGE-SECTION-INVALIDATION	Facilitates caching of content on the browser to make pages load faster.
MAGE-CACHE-TIMEOUT	Facilitates caching of content on the browser to make pages load faster.
SECTION-DATA-IDS	Facilitates caching of content on the browser to make pages load faster.
PRIVATE_CONTENT_VERSION	Facilitates caching of content on the browser to make pages load faster.
X-MAGENTO-VARY	Facilitates caching of content on the server to make pages load faster.
__utmb	Google Analytics
MAGE-TRANSLATION-FILE-VERSION	Facilitates translation of content to other languages.
MAGE-TRANSLATION-STORAGE	Facilitates translation of content to other languages.