Legals
Terms & Privacy
CGItems Limited (we or us) is committed to protecting and respecting your privacy.
This policy (together with our terms of use [INSERT LINK TO WEBSITE TERMS OF USE] and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data, and how we will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is CGItems Limited of 58 Sherborne Street, Ladywood, Birmingham B16 8FT.
Information we may collect from you
We may collect and process the following data about you:
- Information that you provide by filling in forms on our site [INSERT DOMAIN ADDRESS] (our site). This includes information provided at the time of registering to use our site, subscribing to our service, ordering goods or services, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion, and when you report a problem with our site.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of transactions you carry out through our site and of the fulfilment of your orders.
- Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
IP addresses
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
Cookies
Our site uses cookies to distinguish you from other users of our site. This helps us to provide you with a good experience when you browse our site and also allows us to improve our site. For detailed information on the cookies we use and the purposes for which we use them see our cookie policy [INSERT LINK TO COOKIE POLICY].
Where we store your personal data
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA, who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site, and any transmission is made at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses made of the information
We use information held about you in the following ways:
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us, or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you, and we or they may contact you about these by post.
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the registration form).
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
Disclosure of your information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If CGItems Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use [INSERT LINK TO WEBSITE TERMS OF USE], member terms and conditions [INSERT LINK TO MEMBER TERMS AND CONDITIONS], end user licence agreements [INSERT LINK TO EULA] and other agreements, or to protect the rights, property, or safety of CGItems Limited, our customers, or others.
Your rights
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes, or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at [INSERT ADDRESS OR E-MAIL ADDRESS].
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies, and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Changes to our privacy policy
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
Contact
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to [INSERT ADDRESS OR E-MAIL ADDRESS].
Website terms of use
This page (together with the documents referred to in it) tells you the terms of use on which you may make use of our website [INSERT DOMAIN ADDRESS] (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
Information about us
[INSERT DOMAIN ADDRESS] is a site operated by CGItems Limited (we or us). We are a limited company registered in England and Wales under company number 08000724 and have our registered office at 58 Sherborne Street, Ladywood, Birmingham B16 8FT. Our main trading address is 58 Sherborne Street, Ladywood, Birmingham B16 8FT. Our VAT number is [INSERT VAT NUMBER*]. *This needs to be finalised once you have resolved the question of VAT registration with your accountant.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using our site, you must comply with the provisions of our acceptable use policy [INSERT LINK TO ACCEPTABLE USE POLICY].
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference, and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us, or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Our liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
We process information about you in accordance with our privacy policy [INSERT LINK TO PRIVACY POLICY]. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Transactions concluded through our site
Contracts for the supply of products formed through our site or as a result of visits made by you, are governed by our member terms and conditions [INSERT LINK TO MEMBER TERMS AND CONDITIONS] and end user licence agreements [INSERT LINK TO EULA].
Uploading material to our site
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy [INSERT LINK TO ACCEPTABLE USE POLICY]. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you, or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy [INSERT LINK TO ACCEPTABLE USE POLICY].
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site, or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy [INSERT LINK TO ACCEPTABLE USE POLICY].
If you wish to make any use of material on our site other than that set out above, please address your request to [INSERT E-MAIL ADDRESS].
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Trade marks
“CGItems” is an unregistered trade mark of CGItems Limited.
Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
Your concerns
If you have any concerns about material which appears on our site, please contact [INSERT E-MAIL ADDRESS].
Thank you for visiting our site.
Information about our use of cookies
What is a cookie?
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer, if you agree. Cookies contain information that is transferred to your computer’s hard drive.
Why do we use cookies?
Our site uses cookies to distinguish you from other users of our site. This helps us to provide you with a good experience when you browse our site, and also allows us to improve our site.
What sort of cookies do we use?
The cookies we use are “analytical” cookies. They allow us to recognise and count the number of visitors, and to see how visitors move around the site when they are using it. This helps us to improve the way our site works, for example, by ensuring that users are finding what they are looking for easily. You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
Cookie | Name | Purpose | More information |
[INSERT COOKIE TITLE] | Google Analytics cookies | These cookies enable Google Analytics software, which allows us to take and analyse visitor information to help us improve our site and your visitor experience. The data stored by these cookies does not show personal details from which your individual identity can be established. | [WHERE APPROPRIATE, INSERT LINK TO EXTERNAL INFORMATION] |
[INSERT COOKIE TITLE] | Site administration cookies | These cookies enable you to add products to your basket, proceed to checkout, and remember details from previous visits. The site would not work without these cookies. | [WHERE APPROPRIATE, INSERT LINK TO EXTERNAL INFORMATION] |
[Please note that our advertisers may also use cookies, over which we have no control.*]
Can you block cookies?
Yes. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our site.
When do the cookies expire?
Except for essential cookies, all cookies will expire after [INSERT EXPIRY PERIOD].
MEMBER TERMS AND CONDITIONS
This page together with the documents referred to in it sets out the terms and conditions on which we provide access to the registered member elements of our website (www.cgitems.com) (our site) to you (Registered Member Account), whether you are registering to use our site as a Seller or as a Buyer (each as defined below).
You should read these terms and conditions carefully and in full before opening a Registered Member Account via our site. By opening a Registered Member Account, you agree to be bound by these terms and conditions and the documents referred to in them (Terms). Please print a copy of these Terms and keep them safe for future reference.
These Terms apply to you in addition to the following:
- Our website terms of use [INSERT LINK TO WEBSITE TERMS OF USE];
- Our acceptable use policy [INSERT LINK TO ACCEPTABLE USE POLICY];
- Our privacy policy [INSERT LINK TO PRIVACY POLICY]; and
- If you purchase any Content (as defined below) via our site, our end user licence agreement [INSERT LINK TO EULA], as supplemented or varied by any additional licence terms specified by the Seller as applying to the Content.
Please click on the button marked “I Accept” at the end of these Terms if you accept them*. If you do not accept these Terms, you will not be able to open a Registered Member Account. Note: Thanks for the information about how your sign-up process works. Although it is important from a process perspective, that level of detail does not need to be reflected here.
We may amend these Terms from time to time as set out in clause 21. Every time you wish to order Content from our site or offer Content for sale on our site, please check these Terms to ensure you understand the terms which will apply at that time.
- Information about us
- www.cgitems.com is a website operated by CGItems Limited (we or us). Please note the following information about us:
- We are a limited company registered in England and Wales under company number 08000724 and have our registered office at 58 Sherborne Street, Ladywood, Birmingham B16 8FT. Our main trading address is also at 58 Sherborne Street, Ladywood, Birmingham B16 8FT.
- Our VAT number is [INSERT VAT NUMBER*]. *This needs to be finalised once you have resolved the question of VAT registration with your accountant.
- To contact us, please see our “Contact” page [INSERT HYPERLINK].
- www.cgitems.com is a website operated by CGItems Limited (we or us). Please note the following information about us:
- Service availability
Our site is only intended for use by people resident in the Serviced Countries [INSERT A LINK TO LIST OF SERVICED COUNTRIES]. We do not accept applications for Registered Member Accounts from individuals outside those countries. We may place some restrictions on the types of services available through Registered Member Accounts to residents of specific countries. These restrictions can be found on our Serviced Countries page. Please review our Serviced Countries page before opening a Registered Member Account with us.
- Your status and general obligations – Buyers and sellers
- By placing an order through our site to purchase Content, or by asking us to place Content on our site for sale to third parties, you warrant that:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old;
- You are resident in one of the Serviced Countries; and
- You are accessing our site from that country.
- Your e-mail address and password are personal to you and may not be used by anyone else to access our site or your Registered Member Account. You must not do anything that would assist anyone who is not a registered Member to gain access to any registration area of our site or your Registered Member Account, and you must not assist anyone who is not a registered Member to gain access to your Registered Member Account. If you believe that someone may be using your e-mail address and password fraudulently, you should notify us immediately by e-mailing [INSERT E-MAIL ADDRESS]. Please note your relevant e-mail address still needs to be included here.
- Any information (including, without limitation, Content, comments on Content, and ratings) that you enter into our site, whether publicly accessible or not, does not have to be in the English language, but we reserve the right to remove anything that is not. Where the information is publicly accessible, it must be to our reasonable satisfaction in terms of its content and presentation, and must comply with our website terms of use [INSERT LINK TO WEBSITE TERMS OF USE] and acceptable use policy [INSERT LINK TO ACCEPTABLE USE POLICY]. We may remove without notice (or require you to remove) any information or Content from our site that in our sole discretion we do not consider to be to our reasonable satisfaction.
- In addition to the requirements set out in clauses 3.1, 3.2 and 3.3 above, when you make Content available for sale on our site as a Seller (as defined in clause 3.5 below), you are warranting to us that:
- ownership of the copyright and any and all other Intellectual Property Rights (as defined in clause 10.1(a) below) subsisting from time to time in the Content is vested in you exclusively and absolutely, that the Content is your own original work, and does not contain any material which is owned by, or licensed to you by, a third party;
- you have full legal right to enter into and perform these Terms and those of any EULA (as defined below) in relation to the Content;
- the Content does not and will not infringe the copyright or any other Intellectual Property Right of any third party, nor does it or will it infringe any law, statute or regulation applicable in relation to it; and
- the Content complies and will comply in full with the requirements set out in our website terms of use [INSERT LINK TO WEBSITE TERMS OF USE] and acceptable use policy [INSERT LINK TO ACCEPTABLE USE POLICY].
- For the purposes of these Terms, Content means any material published on our site which is made available to Registered Members for purchase and download upon and subject to the terms of an end user licence agreement (EULA), and includes without limitation images (graphics, photos, paintings, 2D and 3D artwork), 3D models (including textures and assets), texture, materials and motion data in whatever medium or form. The owner offering the Content for sale via our site is referred to in these Terms as the Seller, and the individual or organisation who makes an offer to purchase the relevant Content is referred to as the Buyer.
- If you are a Buyer, please note that the images of the Content on our site are for illustrative purposes only. Although we have made every effort to display the Content accurately, we cannot guarantee that your computer’s display of the appearance or colours of the Content will accurately reflect the actual appearance or colours of the Content. The Content may vary slightly from those images.
- By placing an order through our site to purchase Content, or by asking us to place Content on our site for sale to third parties, you warrant that:
- How the contract is formed between you and us
- Once you have applied for a Registered Member Account (whether as a Seller or as a Buyer), if we agree to open an account for you we will send you an e-mail confirming that the Registered Member Account has been opened (Registered Member Confirmation). There will be no contract between us in relation to a Registered Member Account until we send you the Registered Member Confirmation.
- If you are a Buyer, then after placing an order to purchase any of the Content offered for sale on our site from time to time, we will send you an e-mail that confirms our acceptance, such acceptance to be subject to your having accepted these Terms and the terms and conditions of the EULA [INSERT LINK TO EULA], and having paid the relevant licence fee in relation to the Content (the Order Confirmation). Once you have accepted these Terms and the terms and conditions of the EULA [INSERT LINK TO EULA] and have paid the relevant licence fee in relation to the Content, you will be able to download the Content that you have ordered.
- If you are a Seller, after requesting us to offer Content owned by you for sale on our site and uploading it to our site, an “egg timer” icon against that item in your account will indicate that it is awaiting consideration and that acceptance by us is pending. Please note that this does not mean that your request has been accepted or that the Content will be displayed on our site. All requests are subject to acceptance by us, and we will confirm such acceptance to you by changing the icon against that item from an egg timer to a green tick, indicating that your Content has been made available to Buyers on our site, subject to these Terms and the terms and conditions of the EULA [INSERT LINK TO EULA] (the Content Acceptance).
- Subject only to clause 6 below, in the case of both Buyers and Sellers, the contract for a Registered Member Account (the Contract) will continue indefinitely until you or we cancel it. You may cancel the Contract (and therefore the Registered Member Account) at any time but, if you are a Buyer, then unless it is cancelled in accordance with clause 6.3, we will not refund the amount you have paid for any Content (in whole or in part) that you have ordered. If you are a Seller, we will not in any circumstances refund any Commission to you in the event that you cancel the Contract.
- Our status
- Important: Please note that, where we introduce potential Buyers to Sellers via our site, any resulting EULA in relation to Content purchased by the Buyer from the Seller is between the Buyer and the Seller, and we are not a party to the EULA for any purpose. We act solely as a marketplace for the Content, and process payments in relation to such Content. Further terms and conditions regarding this are set out in clause 11.
- We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that any Content, products or services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
- Your cancellation and refund rights
- This clause 6 applies only if you are a consumer.
- You may cancel a Contract for a Registered Member Account (whether you are a Seller or a Buyer) or (if you are a Buyer) an order for Content without charge at any time. However, you will not be entitled to a refund of any licence fee you have paid for Content once you have agreed to us delivering that Content to you. By ordering Content via our site, you are agreeing to us starting to provide that Content to you immediately that we have sent you the Order Confirmation. Subject only to clause 6.3 below, once we have sent you the Order Confirmation, we will have started providing the Content to you and you will not be entitled to a refund of the licence fee that you have paid for the Content in question.
- In the unusual event that you have received an unacceptably poor download of Content you have purchased via our site, and this is not due to an error on your part in downloading the Content, you should contact us immediately at [INSERT E-MAIL ADDRESS OR LINK] giving us the relevant details. If the Content in question is faulty and we are unable to resolve the problem, you will be entitled to a full refund of the licence fee you paid for the relevant Content. We will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation. Please insert the relevant email address.
- To cancel a Contract for a Registered Member Account, you must inform us in writing (this includes email).
- Details of your rights and how to exercise them are provided in the Registered Member Confirmation or Content Acceptance, as the case may be. This provision does not affect your statutory rights.
- Availability and commencement of Membership
Your Registered Member Account will commence on the date set out in the Registered Member Confirmation.
- Data Protection
- All information received by us in relation to your Registered Member Account and/or your use of our site will be used in accordance with our Privacy Policy [INSERT LINK TO PRIVACY POLICY]. Please read this carefully before providing us with any of your personal data.
- Uploading material to our site
- Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other Registered Members of or visitors to our site, you must comply with the content standards set out in our acceptable use policy [INSERT LINK TO ACCEPTABLE USE POLICY], and with the terms and conditions of our website terms of use [INSERT LINK TO WEBSITE TERMS OF USE]. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
- Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their Intellectual Property Rights, or of their right to privacy.
- We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other Member of our site, whether they are a Seller or a Buyer (including without limitation, the Content and any description of it).
- We have the right to remove immediately and without notice any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy [INSERT LINK TO ACCEPTABLE USE POLICY] or with the terms and conditions set out in our website terms of use [INSERT LINK TO WEBSITE TERMS OF USE].
- All Content uploaded to our site for potential sale to Buyers must conform to the minimum quality requirements set out on our “[NAME OF PAGE]” [INSERT LINK TO RELEVANT PAGE].
- Intellectual Property Rights, Licence and Data Protection
- In this clause 10, the following words have the meaning given to them:
- Intellectual Property Rights: all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, Marks, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.
- Marks: any and all trade marks, trade names, service marks, trade dress, logos, URLs or identifying slogans, whether or not registered.
- Subject to clause 10.3, during the term of this contract for a Registered Member Account, if you are a Seller you grant to us a non-exclusive royalty-free licence (including the right to sub-licence) to offer the Content for sale via our site to Buyers in the Serviced Countries. Access by a visitor to our site who is outside the Serviced Countries shall not constitute a breach of the licence.
- The licence granted under clause 10.1 permits us to:
- modify, electronically reproduce and distribute, and publicly display the Content on our site;
- make the Content available for sale to Buyers in the Serviced Countries through our site; and
- reproduce and distribute through any media now known, or hereafter developed, excerpts of the Content in advertisements for, and in marketing and promotional materials related to, our site.
- You are solely responsible for:
- delivery of the Content to us and for ensuring that you have full back-up copies of all such Content, as we are in no way responsible or liable to you for loss of, or damage to, the Content you provide to us;
- the accuracy, quality, fitness for purpose and completeness of the Content and any descriptions of it; and
- assigning the Content to appropriate categories on our site.
- You warrant to us that the Content and your Marks:
- do not infringe any third party’s Intellectual Property Rights, other proprietary rights or rights of publicity or privacy;
- do not violate any law, statute, ordinance or regulation (including the laws and regulations governing export control);
- are not defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
- are not obscene or pornographic and do not contain child pornography;
- do not violate any laws regarding unfair competition, anti-discrimination or false advertising; and
- do not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- We have no obligation to you, and undertake no responsibility, to review the Content to determine whether any such Content may result in any liability to any third party.
- Notwithstanding anything to the contrary contained in these Terms, if we reasonably believe that any Content breaches clause 10.5 and/or may create liability for us, we may remove without notice and without liability to the Seller or any third party any and all such Content as we believe, in our sole discretion, is prudent or necessary, whether to minimise or eliminate our potential liability or otherwise.
- You and we each acknowledge and agree for all purposes that all Marks associated with the other party’s services, products, literature, promotional materials or otherwise, including (in our case) our site, whether or not registered, constitute the other party’s exclusive property. Except as stated in these Terms, you and we each agree not to use, register or attempt to register in any jurisdiction, or otherwise appropriate or adopt, any name, mark or logo that is confusingly similar to the Marks of the other party and at no time during the term of the contract or thereafter shall you or we attack, challenge or file any application with respect to any Mark of the other party.
- You grant to us a non-exclusive, non-transferable, non-assignable, royalty-free licence to use those Marks of yours referred to in clause 10.8 in connection with our site and any advertising, marketing and promotional activities undertaken and materials developed in relation to it.
- We retain all Intellectual Property Rights in our site and our Marks, and nothing in these Terms shall be taken to grant any rights to you in respect of such Intellectual Property Rights.
- Title to and ownership of all Intellectual Property Rights embodied by or otherwise incorporated into the Content shall remain with you. Except as expressly provided in this licence, nothing shall be construed to grant to us any right, title or interest in or to the Content.
- You shall indemnify us against all costs, claims, damages, losses and expenses arising as a result of any claim or action that the Content and/or your Marks infringe Intellectual Property Rights belonging to a third party. We shall:
- promptly notify you in writing of any such claim or action;
- make no admissions or settlements without your prior written consent;
- give you all the information and assistance that the Licensor may reasonably require (provided you reimburse our costs of doing so); and
- allow you complete control over any negotiations, litigation and settlement of any such claim or action.
- In this clause 10, the following words have the meaning given to them:
- Sale of Content to Members
- If you are a Seller, our Registered Member Account allows you to market licences of your Content to visitors to our site. Any sale of Content to a Buyer via our site is made on and subject to the terms and conditions of our EULA [INSERT LINK TO EULA] to the exclusion of any other terms and conditions you may seek to impose, and by opening a Registered Member Account you agree to this.
- Any sales of your Content subject to a EULA are legal contracts between you and the Buyer, and it is your sole responsibility to fulfil the terms of the EULA in relation to the Content purchased by the relevant Buyer.
- You agree to:
- conduct all dealings in relation to sales of your Content honestly and fairly; and
- comply with all relevant laws and regulations including, without limitation, the Consumer Protection (Distance Selling) Regulations 2000 and, where applicable, all other laws and regulations giving additional rights to consumers.
- You shall indemnify us against all costs, claims, damages, losses and expenses arising as a result of any claim or action in relation to your Content, any sale of your Content via our site, or any EULA.
- Prices and payment – For Buyers
- The licence fee in relation to any Content that you order under your Registered Member Account will be as quoted on our site from time to time, except in cases of obvious error. Payment for the Content is in advance.
- These prices are stated in pounds sterling (GBP) by default [and include UK VAT*]. Where our site provides functionality to change the display currency to a currency of your choice, this is for reference purposes only and any payments you make will still be processed in pounds sterling (GBP). Prices stated in currencies other than pounds sterling (GBP) are estimates only and are calculated using exchange rates that are only updated periodically (usually daily). They are not updated in real time. Please contact us by e-mailing [INSERT E-MAIL ADDRESS] if you have any queries regarding our prices or if you are located outside the European Union or are registered for VAT in a European Union member state. *This needs to be finalised once you have resolved the question of VAT registration with your accountant.
- Prices are liable to change at any time, but changes will not affect the licence fee for Content that you have already ordered and paid for.
- Our site details a large quantity of Content and it is always possible that, despite our best efforts, some of the Content listed on our site may be incorrectly priced. We will normally verify prices as part of our fulfilment procedures so that, where the correct price of a licence fee is less than our stated price, we will charge the lower amount when fulfilling your order for the relevant Content. If the correct price of a licence fee is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before fulfilling your order, or reject your order and notify you of such rejection.
- We are under no obligation to provide the Content to you at the incorrect (lower) price, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
- Payment for all Content must be in pounds sterling, US Dollars or Euros (as selected by you) and made through PayPal or by credit card or wire transfer as described in the “Payment Information” page on our site [INSERT LINK TO RELEVANT PAGE]. We will charge your credit card with the sum owed to us as soon as we send you the Order Confirmation.
- Pricing, commission, net proceeds and payment – for Sellers
- You are free to set the prices that you wish to charge for the Content that you offer for sale via our site. For each item of Content, you can change the price as often as you wish during the first week that it is available on our site. At the end of this period, the price will be locked at whatever price you have in place at that time. If you subsequently wish to change the price, you can do so by opening a support ticket.
- The commission payable to us in relation to each sale of Content via our site (Commission) shall be as set out in the [“Royalties and Commissions” page on our site [INSERT LINK TO RELEVANT PAGE]]. We are entitled to amend the amount of Commission payable by Sellers from time to time at our discretion, although any changes we make will not apply to sales concluded prior to the date of the change. It is your responsibility to check our site from time to time to find out the current rate of Commission that will apply to sales of Content. *What will this page be called? You will need to ensure that this page specifies the rate of commission that CGItems will deduct.
- The Commission shall become due to us as soon as we receive for immediate value from the Buyer the licence fee in respect of the sale of the relevant Content.
- Payment for Content sold via our site shall be made directly by a Buyer to us, and we will retain the amount of Commission due to us in respect of each sale of Content from the money received from the Buyer.
- When you open your Registered Member Account with us, you will be asked to specify the minimum amount of net proceeds of sale after deduction of Commission and VAT* (Royalty)) owed to you that will trigger payment from us to you (Threshold Amount), which must be a minimum of £100. For example, if your Threshold Amount is £150, we will retain any Royalty due to you until we are holding at least £150 of Royalty, and we will then make payment to you of the relevant sum within 7 days of the Threshold Amount being reached. [At that stage we will also invoice you in arrears for the Commission so paid*]. *You will need to discuss with your accountant how VAT and invoicing will be dealt with, and then let me know what is required here.
- Payment of Royalty will be made to you by bank transfer, PayPal or wire transfer. If the relevant payment to you incurs bank charges, the amount of any such charges will be deducted from the amount of Royalty paid to you.
- Where our site provides functionality to change the display currency to a currency of your choice, this is for reference purposes only and any payments made to you will still be processed in pounds sterling (GBP). Values stated in currencies other than pounds sterling (GBP) are estimates only and are calculated using exchange rates that are only updated periodically (usually daily). They are not updated in real time. The value of any Royalty payment that you receive will vary when converted into your own currency (if not pounds sterling (GBP)), depending on the exchange rate prevailing at the time and any charges applied by your bank or currency exchange.
- In the event that we are required to issue a refund to a Buyer after we have paid the relevant Royalty to you in respect of the sale to which the refund relates, you agree to repay that Royalty to us immediately on demand. We may, in our sole discretion, retain such amount from any other Royalty payment that would otherwise be due to you.
- The Seller shall at all times ensure that its correct bank details are notified to us, and shall immediately inform us in writing of any changes. The Seller shall reimburse any bank charges or administrative costs incurred by us as a consequence of any error in the bank details provided by the Seller or the Seller’s failure to notify us of any changes.
- In the event of termination of your Registered Member Account for any reason, we will pay you the balance of any Royalty we are holding at that date (less any applicable bank charges), irrespective of whether or not it exceeds your Threshold Amount.
- [All amounts payable by the Seller under these Terms by way of Commission are exclusive of any VAT chargeable for the time being. Where any taxable supply for VAT purposes is made by us to the Seller, the Seller shall, on receipt of a valid VAT invoice from us, pay to us such additional amounts in respect of VAT as are chargeable at the same time as payment is due for the Commission.*] *You will need to discuss VAT treatment with your accountant and then let me know what is required here.
- The Seller shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law, and the Seller shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may, without limiting our other rights or remedies, set off any amount owing to us by the Seller against any amount payable by us to the Seller.
- Our liability to you
- We will use reasonable skill and care in making your Registered Member Account available to you. Otherwise, to the extent permitted by law, Registered Member Accounts are provided without any warranties or guarantees. In particular, we do not warrant that our site or any of its contents (including without limitation, the Content) is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything that has destructive properties. Although we will do our best to provide constant, uninterrupted access to your Registered Member Account on the site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
- Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time we open your Registered Member Account.
- This does not exclude or limit in any way our liability:
- For death or personal injury caused by our negligence;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data; or
- waste of management or office time
however arising, and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 14.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 14.2, or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 14.4.
- If you are a Buyer and you buy Content from a Seller through our site, the Seller’s individual liability to you in respect of that Content will be set out in the EULA [INSERT LINK TO EULA].
- If you apply for a Registered Member Account from outside the UK or buy or sell any Content via our site, either the account or any income you derive from it may be subject to duties and taxes that are levied locally. You will be responsible for payment of any such duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs and/or tax office for further information before applying for your Registered Member Account, placing your order for any Content, or submitting any Content for sale via our site.
- Please also note that you must comply with all applicable laws and regulations of the country from which you are applying for a Registered Member Account or ordering or offering for sale any Content. We will not be liable for any breach by you of any such laws.
- Written and other communications
- When we refer, in these Terms, to “in writing”, this will include e-mail.
- If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to CGItems Limited at [INSERT E-MAIL ADDRESS]. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 6, please see clause 6 for information on how to tell us this. Please provide e-mail address.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
- If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- Transfer of rights and obligations
- The contract between you and us is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of a contract with us, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a contract with you, or any of our rights or obligations arising under it, at any time during the term of the contract.
- Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
- Waiver
- If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
- Severability
If any of these Terms or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Entire agreement
- These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these Terms.
- Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.
- Our right to vary these Terms
- We have the right to revise and amend these Terms (including without limitation the Commission) from time to time.
- You will be subject to the policies and terms and conditions in force at the time that you apply for a Registered Member Account or order any Content from, or offer any Content for sale on, our site, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Registered Member Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Registered Member Confirmation).
- Law and jurisdiction
- If you are a consumer, please note that these Terms are governed by English law. This means a contract for a Registered Member Account or for the purchase of Content made through our site and any dispute or claim arising out of or in connection with it or them will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
- If you are a business, these Terms are governed by English law. This means that any contract made pursuant to these Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
This acceptable use policy sets out the terms between you and us under which you may access our website www.cgitems.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use [INSERT LINK TO WEBSITE TERMS OF USE].
www.cgitems.com is a site operated by CGItems Limited (we or us). We are a limited company registered in England and Wales under company number 08000724 and we have our registered office at 58 Sherborne Street, Ladywood, Birmingham B16 8FT. Our main trading address is also at 58 Sherborne Street, Ladywood, Birmingham B16 8FT. Our VAT number is [INSERT VAT NUMBER*]. *This needs to be finalised once you have resolved the question of VAT registration with your accountant.
Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards [INSERT LINK TO CONTENT STANDARDS BELOW].
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our website terms of use [INSERT LINK TO WEBSITE TERMS OF USE].
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
Interactive services
We may from time to time provide interactive services on our site, including, without limitation:
- Forums;
- Ratings and comments facilities;
- Wish lists or favourites;
- Blogs (latest news);
- Guestbook,
(interactive services).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Content standards
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the website terms of use [INSERT LINK TO WEBSITE TERMS OF USE] upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal or limitation of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Product Quality Standards
Photos
Graphics
3D modelers or Scenes
Material & Textures
Motion Data’s
Under Construction
Email policy: CGItems Limited is committed to protecting and respecting your privacy.
We use your personal information only for providing and improving the site. By using this site you agree to the collection and use of information in accordance with this policy.
Your privacy is important to us. This privacy statement provides information about the personal information thatCGItems collects, and the ways in which CGItems uses that personal information.
Personal Information Collection
CGItems may collect and use the following kinds of personal information:
• Your name and e-mail provided when contacting us by e-mail
• Any other information that you send to CGItems.
Using Personal Information
CGItems may use your personal information to answer your inquiries. Your information will not be passed on to any other agencies, except if it is required to do so by law, in connection with any legal proceedings or perspective legal proceedings, and in order to establish, exercise or defend its legal right.
Securing Your Data
CGItems will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. CGItems will store all the personal information you provide on its secure servers.
Updating This Statement
CGItems may update this privacy policy by posting a new version on this website.
You should check this page occasionally to ensure you are familiar with any changes.
Other Websites
This website contains links to other websites.
CGItems is not responsible for the privacy policies or practices of any third party.
Under Construction
Privacy Policy
CGItems Limited (we or us) is committed to protecting and respecting your privacy.
This policy (together with our terms of use [INSERT LINK TO WEBSITE TERMS OF USE] and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data, and how we will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is CGItems Limited of 58 Sherborne Street, Ladywood, Birmingham B16 8FT.
Information we may collect from you
We may collect and process the following data about you:
- Information that you provide by filling in forms on our site [INSERT DOMAIN ADDRESS] (our site). This includes information provided at the time of registering to use our site, subscribing to our service, ordering goods or services, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion, and when you report a problem with our site.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of transactions you carry out through our site and of the fulfilment of your orders.
- Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
IP addresses
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
Cookies
Our site uses cookies to distinguish you from other users of our site. This helps us to provide you with a good experience when you browse our site and also allows us to improve our site. For detailed information on the cookies we use and the purposes for which we use them see our cookie policy [INSERT LINK TO COOKIE POLICY].
Where we store your personal data
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA, who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site, and any transmission is made at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses made of the information
We use information held about you in the following ways:
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us, or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you, and we or they may contact you about these by post.
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the registration form).
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
Disclosure of your information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If CGItems Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use [INSERT LINK TO WEBSITE TERMS OF USE], member terms and conditions [INSERT LINK TO MEMBER TERMS AND CONDITIONS], end user licence agreements [INSERT LINK TO EULA] and other agreements, or to protect the rights, property, or safety of CGItems Limited, our customers, or others.
Your rights
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes, or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at [INSERT ADDRESS OR E-MAIL ADDRESS].
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies, and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Changes to our privacy policy
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
Contact
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to [INSERT ADDRESS OR E-MAIL ADDRESS].
Website terms of use
This page (together with the documents referred to in it) tells you the terms of use on which you may make use of our website [INSERT DOMAIN ADDRESS] (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
Information about us
[INSERT DOMAIN ADDRESS] is a site operated by CGItems Limited (we or us). We are a limited company registered in England and Wales under company number 08000724 and have our registered office at 58 Sherborne Street, Ladywood, Birmingham B16 8FT. Our main trading address is 58 Sherborne Street, Ladywood, Birmingham B16 8FT. Our VAT number is [INSERT VAT NUMBER*]. *This needs to be finalised once you have resolved the question of VAT registration with your accountant.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using our site, you must comply with the provisions of our acceptable use policy [INSERT LINK TO ACCEPTABLE USE POLICY].
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference, and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us, or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Our liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
We process information about you in accordance with our privacy policy [INSERT LINK TO PRIVACY POLICY]. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Transactions concluded through our site
Contracts for the supply of products formed through our site or as a result of visits made by you, are governed by our member terms and conditions [INSERT LINK TO MEMBER TERMS AND CONDITIONS] and end user licence agreements [INSERT LINK TO EULA].
Uploading material to our site
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy [INSERT LINK TO ACCEPTABLE USE POLICY]. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you, or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy [INSERT LINK TO ACCEPTABLE USE POLICY].
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site, or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy [INSERT LINK TO ACCEPTABLE USE POLICY].
If you wish to make any use of material on our site other than that set out above, please address your request to [INSERT E-MAIL ADDRESS].
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Trade marks
“CGItems” is an unregistered trade mark of CGItems Limited.
Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
Your concerns
If you have any concerns about material which appears on our site, please contact [INSERT E-MAIL ADDRESS].
Thank you for visiting our site.
Information about our use of cookies
What is a cookie?
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer, if you agree. Cookies contain information that is transferred to your computer’s hard drive.
Why do we use cookies?
Our site uses cookies to distinguish you from other users of our site. This helps us to provide you with a good experience when you browse our site, and also allows us to improve our site.
What sort of cookies do we use?
The cookies we use are “analytical” cookies. They allow us to recognise and count the number of visitors, and to see how visitors move around the site when they are using it. This helps us to improve the way our site works, for example, by ensuring that users are finding what they are looking for easily. You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
Cookie | Name | Purpose | More information |
[INSERT COOKIE TITLE] | Google Analytics cookies | These cookies enable Google Analytics software, which allows us to take and analyse visitor information to help us improve our site and your visitor experience. The data stored by these cookies does not show personal details from which your individual identity can be established. | [WHERE APPROPRIATE, INSERT LINK TO EXTERNAL INFORMATION] |
[INSERT COOKIE TITLE] | Site administration cookies | These cookies enable you to add products to your basket, proceed to checkout, and remember details from previous visits. The site would not work without these cookies. | [WHERE APPROPRIATE, INSERT LINK TO EXTERNAL INFORMATION] |
[Please note that our advertisers may also use cookies, over which we have no control.*]
Can you block cookies?
Yes. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our site.
When do the cookies expire?
Except for essential cookies, all cookies will expire after [INSERT EXPIRY PERIOD].
MEMBER TERMS AND CONDITIONS
This page together with the documents referred to in it sets out the terms and conditions on which we provide access to the registered member elements of our website (www.cgitems.com) (our site) to you (Registered Member Account), whether you are registering to use our site as a Seller or as a Buyer (each as defined below).
You should read these terms and conditions carefully and in full before opening a Registered Member Account via our site. By opening a Registered Member Account, you agree to be bound by these terms and conditions and the documents referred to in them (Terms). Please print a copy of these Terms and keep them safe for future reference.
These Terms apply to you in addition to the following:
- Our website terms of use [INSERT LINK TO WEBSITE TERMS OF USE];
- Our acceptable use policy [INSERT LINK TO ACCEPTABLE USE POLICY];
- Our privacy policy [INSERT LINK TO PRIVACY POLICY]; and
- If you purchase any Content (as defined below) via our site, our end user licence agreement [INSERT LINK TO EULA], as supplemented or varied by any additional licence terms specified by the Seller as applying to the Content.
Please click on the button marked “I Accept” at the end of these Terms if you accept them*. If you do not accept these Terms, you will not be able to open a Registered Member Account. Note: Thanks for the information about how your sign-up process works. Although it is important from a process perspective, that level of detail does not need to be reflected here.
We may amend these Terms from time to time as set out in clause 21. Every time you wish to order Content from our site or offer Content for sale on our site, please check these Terms to ensure you understand the terms which will apply at that time.
- Information about us
- www.cgitems.com is a website operated by CGItems Limited (we or us). Please note the following information about us:
- We are a limited company registered in England and Wales under company number 08000724 and have our registered office at 58 Sherborne Street, Ladywood, Birmingham B16 8FT. Our main trading address is also at 58 Sherborne Street, Ladywood, Birmingham B16 8FT.
- Our VAT number is [INSERT VAT NUMBER*]. *This needs to be finalised once you have resolved the question of VAT registration with your accountant.
- To contact us, please see our “Contact” page [INSERT HYPERLINK].
- www.cgitems.com is a website operated by CGItems Limited (we or us). Please note the following information about us:
- Service availability
Our site is only intended for use by people resident in the Serviced Countries [INSERT A LINK TO LIST OF SERVICED COUNTRIES]. We do not accept applications for Registered Member Accounts from individuals outside those countries. We may place some restrictions on the types of services available through Registered Member Accounts to residents of specific countries. These restrictions can be found on our Serviced Countries page. Please review our Serviced Countries page before opening a Registered Member Account with us.
- Your status and general obligations – Buyers and sellers
- By placing an order through our site to purchase Content, or by asking us to place Content on our site for sale to third parties, you warrant that:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old;
- You are resident in one of the Serviced Countries; and
- You are accessing our site from that country.
- Your e-mail address and password are personal to you and may not be used by anyone else to access our site or your Registered Member Account. You must not do anything that would assist anyone who is not a registered Member to gain access to any registration area of our site or your Registered Member Account, and you must not assist anyone who is not a registered Member to gain access to your Registered Member Account. If you believe that someone may be using your e-mail address and password fraudulently, you should notify us immediately by e-mailing [INSERT E-MAIL ADDRESS]. Please note your relevant e-mail address still needs to be included here.
- Any information (including, without limitation, Content, comments on Content, and ratings) that you enter into our site, whether publicly accessible or not, does not have to be in the English language, but we reserve the right to remove anything that is not. Where the information is publicly accessible, it must be to our reasonable satisfaction in terms of its content and presentation, and must comply with our website terms of use [INSERT LINK TO WEBSITE TERMS OF USE] and acceptable use policy [INSERT LINK TO ACCEPTABLE USE POLICY]. We may remove without notice (or require you to remove) any information or Content from our site that in our sole discretion we do not consider to be to our reasonable satisfaction.
- In addition to the requirements set out in clauses 3.1, 3.2 and 3.3 above, when you make Content available for sale on our site as a Seller (as defined in clause 3.5 below), you are warranting to us that:
- ownership of the copyright and any and all other Intellectual Property Rights (as defined in clause 10.1(a) below) subsisting from time to time in the Content is vested in you exclusively and absolutely, that the Content is your own original work, and does not contain any material which is owned by, or licensed to you by, a third party;
- you have full legal right to enter into and perform these Terms and those of any EULA (as defined below) in relation to the Content;
- the Content does not and will not infringe the copyright or any other Intellectual Property Right of any third party, nor does it or will it infringe any law, statute or regulation applicable in relation to it; and
- the Content complies and will comply in full with the requirements set out in our website terms of use [INSERT LINK TO WEBSITE TERMS OF USE] and acceptable use policy [INSERT LINK TO ACCEPTABLE USE POLICY].
- For the purposes of these Terms, Content means any material published on our site which is made available to Registered Members for purchase and download upon and subject to the terms of an end user licence agreement (EULA), and includes without limitation images (graphics, photos, paintings, 2D and 3D artwork), 3D models (including textures and assets), texture, materials and motion data in whatever medium or form. The owner offering the Content for sale via our site is referred to in these Terms as the Seller, and the individual or organisation who makes an offer to purchase the relevant Content is referred to as the Buyer.
- If you are a Buyer, please note that the images of the Content on our site are for illustrative purposes only. Although we have made every effort to display the Content accurately, we cannot guarantee that your computer’s display of the appearance or colours of the Content will accurately reflect the actual appearance or colours of the Content. The Content may vary slightly from those images.
- By placing an order through our site to purchase Content, or by asking us to place Content on our site for sale to third parties, you warrant that:
- How the contract is formed between you and us
- Once you have applied for a Registered Member Account (whether as a Seller or as a Buyer), if we agree to open an account for you we will send you an e-mail confirming that the Registered Member Account has been opened (Registered Member Confirmation). There will be no contract between us in relation to a Registered Member Account until we send you the Registered Member Confirmation.
- If you are a Buyer, then after placing an order to purchase any of the Content offered for sale on our site from time to time, we will send you an e-mail that confirms our acceptance, such acceptance to be subject to your having accepted these Terms and the terms and conditions of the EULA [INSERT LINK TO EULA], and having paid the relevant licence fee in relation to the Content (the Order Confirmation). Once you have accepted these Terms and the terms and conditions of the EULA [INSERT LINK TO EULA] and have paid the relevant licence fee in relation to the Content, you will be able to download the Content that you have ordered.
- If you are a Seller, after requesting us to offer Content owned by you for sale on our site and uploading it to our site, an “egg timer” icon against that item in your account will indicate that it is awaiting consideration and that acceptance by us is pending. Please note that this does not mean that your request has been accepted or that the Content will be displayed on our site. All requests are subject to acceptance by us, and we will confirm such acceptance to you by changing the icon against that item from an egg timer to a green tick, indicating that your Content has been made available to Buyers on our site, subject to these Terms and the terms and conditions of the EULA [INSERT LINK TO EULA] (the Content Acceptance).
- Subject only to clause 6 below, in the case of both Buyers and Sellers, the contract for a Registered Member Account (the Contract) will continue indefinitely until you or we cancel it. You may cancel the Contract (and therefore the Registered Member Account) at any time but, if you are a Buyer, then unless it is cancelled in accordance with clause 6.3, we will not refund the amount you have paid for any Content (in whole or in part) that you have ordered. If you are a Seller, we will not in any circumstances refund any Commission to you in the event that you cancel the Contract.
- Our status
- Important: Please note that, where we introduce potential Buyers to Sellers via our site, any resulting EULA in relation to Content purchased by the Buyer from the Seller is between the Buyer and the Seller, and we are not a party to the EULA for any purpose. We act solely as a marketplace for the Content, and process payments in relation to such Content. Further terms and conditions regarding this are set out in clause 11.
- We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that any Content, products or services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
- Your cancellation and refund rights
- This clause 6 applies only if you are a consumer.
- You may cancel a Contract for a Registered Member Account (whether you are a Seller or a Buyer) or (if you are a Buyer) an order for Content without charge at any time. However, you will not be entitled to a refund of any licence fee you have paid for Content once you have agreed to us delivering that Content to you. By ordering Content via our site, you are agreeing to us starting to provide that Content to you immediately that we have sent you the Order Confirmation. Subject only to clause 6.3 below, once we have sent you the Order Confirmation, we will have started providing the Content to you and you will not be entitled to a refund of the licence fee that you have paid for the Content in question.
- In the unusual event that you have received an unacceptably poor download of Content you have purchased via our site, and this is not due to an error on your part in downloading the Content, you should contact us immediately at [INSERT E-MAIL ADDRESS OR LINK] giving us the relevant details. If the Content in question is faulty and we are unable to resolve the problem, you will be entitled to a full refund of the licence fee you paid for the relevant Content. We will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation. Please insert the relevant email address.
- To cancel a Contract for a Registered Member Account, you must inform us in writing (this includes email).
- Details of your rights and how to exercise them are provided in the Registered Member Confirmation or Content Acceptance, as the case may be. This provision does not affect your statutory rights.
- Availability and commencement of Membership
Your Registered Member Account will commence on the date set out in the Registered Member Confirmation.
- Data Protection
- All information received by us in relation to your Registered Member Account and/or your use of our site will be used in accordance with our Privacy Policy [INSERT LINK TO PRIVACY POLICY]. Please read this carefully before providing us with any of your personal data.
- Uploading material to our site
- Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other Registered Members of or visitors to our site, you must comply with the content standards set out in our acceptable use policy [INSERT LINK TO ACCEPTABLE USE POLICY], and with the terms and conditions of our website terms of use [INSERT LINK TO WEBSITE TERMS OF USE]. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
- Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their Intellectual Property Rights, or of their right to privacy.
- We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other Member of our site, whether they are a Seller or a Buyer (including without limitation, the Content and any description of it).
- We have the right to remove immediately and without notice any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy [INSERT LINK TO ACCEPTABLE USE POLICY] or with the terms and conditions set out in our website terms of use [INSERT LINK TO WEBSITE TERMS OF USE].
- All Content uploaded to our site for potential sale to Buyers must conform to the minimum quality requirements set out on our “[NAME OF PAGE]” [INSERT LINK TO RELEVANT PAGE].
- Intellectual Property Rights, Licence and Data Protection
- In this clause 10, the following words have the meaning given to them:
- Intellectual Property Rights: all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, Marks, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.
- Marks: any and all trade marks, trade names, service marks, trade dress, logos, URLs or identifying slogans, whether or not registered.
- Subject to clause 10.3, during the term of this contract for a Registered Member Account, if you are a Seller you grant to us a non-exclusive royalty-free licence (including the right to sub-licence) to offer the Content for sale via our site to Buyers in the Serviced Countries. Access by a visitor to our site who is outside the Serviced Countries shall not constitute a breach of the licence.
- The licence granted under clause 10.1 permits us to:
- modify, electronically reproduce and distribute, and publicly display the Content on our site;
- make the Content available for sale to Buyers in the Serviced Countries through our site; and
- reproduce and distribute through any media now known, or hereafter developed, excerpts of the Content in advertisements for, and in marketing and promotional materials related to, our site.
- You are solely responsible for:
- delivery of the Content to us and for ensuring that you have full back-up copies of all such Content, as we are in no way responsible or liable to you for loss of, or damage to, the Content you provide to us;
- the accuracy, quality, fitness for purpose and completeness of the Content and any descriptions of it; and
- assigning the Content to appropriate categories on our site.
- You warrant to us that the Content and your Marks:
- do not infringe any third party’s Intellectual Property Rights, other proprietary rights or rights of publicity or privacy;
- do not violate any law, statute, ordinance or regulation (including the laws and regulations governing export control);
- are not defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
- are not obscene or pornographic and do not contain child pornography;
- do not violate any laws regarding unfair competition, anti-discrimination or false advertising; and
- do not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- We have no obligation to you, and undertake no responsibility, to review the Content to determine whether any such Content may result in any liability to any third party.
- Notwithstanding anything to the contrary contained in these Terms, if we reasonably believe that any Content breaches clause 10.5 and/or may create liability for us, we may remove without notice and without liability to the Seller or any third party any and all such Content as we believe, in our sole discretion, is prudent or necessary, whether to minimise or eliminate our potential liability or otherwise.
- You and we each acknowledge and agree for all purposes that all Marks associated with the other party’s services, products, literature, promotional materials or otherwise, including (in our case) our site, whether or not registered, constitute the other party’s exclusive property. Except as stated in these Terms, you and we each agree not to use, register or attempt to register in any jurisdiction, or otherwise appropriate or adopt, any name, mark or logo that is confusingly similar to the Marks of the other party and at no time during the term of the contract or thereafter shall you or we attack, challenge or file any application with respect to any Mark of the other party.
- You grant to us a non-exclusive, non-transferable, non-assignable, royalty-free licence to use those Marks of yours referred to in clause 10.8 in connection with our site and any advertising, marketing and promotional activities undertaken and materials developed in relation to it.
- We retain all Intellectual Property Rights in our site and our Marks, and nothing in these Terms shall be taken to grant any rights to you in respect of such Intellectual Property Rights.
- Title to and ownership of all Intellectual Property Rights embodied by or otherwise incorporated into the Content shall remain with you. Except as expressly provided in this licence, nothing shall be construed to grant to us any right, title or interest in or to the Content.
- You shall indemnify us against all costs, claims, damages, losses and expenses arising as a result of any claim or action that the Content and/or your Marks infringe Intellectual Property Rights belonging to a third party. We shall:
- promptly notify you in writing of any such claim or action;
- make no admissions or settlements without your prior written consent;
- give you all the information and assistance that the Licensor may reasonably require (provided you reimburse our costs of doing so); and
- allow you complete control over any negotiations, litigation and settlement of any such claim or action.
- In this clause 10, the following words have the meaning given to them:
- Sale of Content to Members
- If you are a Seller, our Registered Member Account allows you to market licences of your Content to visitors to our site. Any sale of Content to a Buyer via our site is made on and subject to the terms and conditions of our EULA [INSERT LINK TO EULA] to the exclusion of any other terms and conditions you may seek to impose, and by opening a Registered Member Account you agree to this.
- Any sales of your Content subject to a EULA are legal contracts between you and the Buyer, and it is your sole responsibility to fulfil the terms of the EULA in relation to the Content purchased by the relevant Buyer.
- You agree to:
- conduct all dealings in relation to sales of your Content honestly and fairly; and
- comply with all relevant laws and regulations including, without limitation, the Consumer Protection (Distance Selling) Regulations 2000 and, where applicable, all other laws and regulations giving additional rights to consumers.
- You shall indemnify us against all costs, claims, damages, losses and expenses arising as a result of any claim or action in relation to your Content, any sale of your Content via our site, or any EULA.
- Prices and payment – For Buyers
- The licence fee in relation to any Content that you order under your Registered Member Account will be as quoted on our site from time to time, except in cases of obvious error. Payment for the Content is in advance.
- These prices are stated in pounds sterling (GBP) by default [and include UK VAT*]. Where our site provides functionality to change the display currency to a currency of your choice, this is for reference purposes only and any payments you make will still be processed in pounds sterling (GBP). Prices stated in currencies other than pounds sterling (GBP) are estimates only and are calculated using exchange rates that are only updated periodically (usually daily). They are not updated in real time. Please contact us by e-mailing [INSERT E-MAIL ADDRESS] if you have any queries regarding our prices or if you are located outside the European Union or are registered for VAT in a European Union member state. *This needs to be finalised once you have resolved the question of VAT registration with your accountant.
- Prices are liable to change at any time, but changes will not affect the licence fee for Content that you have already ordered and paid for.
- Our site details a large quantity of Content and it is always possible that, despite our best efforts, some of the Content listed on our site may be incorrectly priced. We will normally verify prices as part of our fulfilment procedures so that, where the correct price of a licence fee is less than our stated price, we will charge the lower amount when fulfilling your order for the relevant Content. If the correct price of a licence fee is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before fulfilling your order, or reject your order and notify you of such rejection.
- We are under no obligation to provide the Content to you at the incorrect (lower) price, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
- Payment for all Content must be in pounds sterling, US Dollars or Euros (as selected by you) and made through PayPal or by credit card or wire transfer as described in the “Payment Information” page on our site [INSERT LINK TO RELEVANT PAGE]. We will charge your credit card with the sum owed to us as soon as we send you the Order Confirmation.
- Pricing, commission, net proceeds and payment – for Sellers
- You are free to set the prices that you wish to charge for the Content that you offer for sale via our site. For each item of Content, you can change the price as often as you wish during the first week that it is available on our site. At the end of this period, the price will be locked at whatever price you have in place at that time. If you subsequently wish to change the price, you can do so by opening a support ticket.
- The commission payable to us in relation to each sale of Content via our site (Commission) shall be as set out in the [“Royalties and Commissions” page on our site [INSERT LINK TO RELEVANT PAGE]]. We are entitled to amend the amount of Commission payable by Sellers from time to time at our discretion, although any changes we make will not apply to sales concluded prior to the date of the change. It is your responsibility to check our site from time to time to find out the current rate of Commission that will apply to sales of Content. *What will this page be called? You will need to ensure that this page specifies the rate of commission that CGItems will deduct.
- The Commission shall become due to us as soon as we receive for immediate value from the Buyer the licence fee in respect of the sale of the relevant Content.
- Payment for Content sold via our site shall be made directly by a Buyer to us, and we will retain the amount of Commission due to us in respect of each sale of Content from the money received from the Buyer.
- When you open your Registered Member Account with us, you will be asked to specify the minimum amount of net proceeds of sale after deduction of Commission and VAT* (Royalty)) owed to you that will trigger payment from us to you (Threshold Amount), which must be a minimum of £100. For example, if your Threshold Amount is £150, we will retain any Royalty due to you until we are holding at least £150 of Royalty, and we will then make payment to you of the relevant sum within 7 days of the Threshold Amount being reached. [At that stage we will also invoice you in arrears for the Commission so paid*]. *You will need to discuss with your accountant how VAT and invoicing will be dealt with, and then let me know what is required here.
- Payment of Royalty will be made to you by bank transfer, PayPal or wire transfer. If the relevant payment to you incurs bank charges, the amount of any such charges will be deducted from the amount of Royalty paid to you.
- Where our site provides functionality to change the display currency to a currency of your choice, this is for reference purposes only and any payments made to you will still be processed in pounds sterling (GBP). Values stated in currencies other than pounds sterling (GBP) are estimates only and are calculated using exchange rates that are only updated periodically (usually daily). They are not updated in real time. The value of any Royalty payment that you receive will vary when converted into your own currency (if not pounds sterling (GBP)), depending on the exchange rate prevailing at the time and any charges applied by your bank or currency exchange.
- In the event that we are required to issue a refund to a Buyer after we have paid the relevant Royalty to you in respect of the sale to which the refund relates, you agree to repay that Royalty to us immediately on demand. We may, in our sole discretion, retain such amount from any other Royalty payment that would otherwise be due to you.
- The Seller shall at all times ensure that its correct bank details are notified to us, and shall immediately inform us in writing of any changes. The Seller shall reimburse any bank charges or administrative costs incurred by us as a consequence of any error in the bank details provided by the Seller or the Seller’s failure to notify us of any changes.
- In the event of termination of your Registered Member Account for any reason, we will pay you the balance of any Royalty we are holding at that date (less any applicable bank charges), irrespective of whether or not it exceeds your Threshold Amount.
- [All amounts payable by the Seller under these Terms by way of Commission are exclusive of any VAT chargeable for the time being. Where any taxable supply for VAT purposes is made by us to the Seller, the Seller shall, on receipt of a valid VAT invoice from us, pay to us such additional amounts in respect of VAT as are chargeable at the same time as payment is due for the Commission.*] *You will need to discuss VAT treatment with your accountant and then let me know what is required here.
- The Seller shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law, and the Seller shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may, without limiting our other rights or remedies, set off any amount owing to us by the Seller against any amount payable by us to the Seller.
- Our liability to you
- We will use reasonable skill and care in making your Registered Member Account available to you. Otherwise, to the extent permitted by law, Registered Member Accounts are provided without any warranties or guarantees. In particular, we do not warrant that our site or any of its contents (including without limitation, the Content) is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything that has destructive properties. Although we will do our best to provide constant, uninterrupted access to your Registered Member Account on the site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
- Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time we open your Registered Member Account.
- This does not exclude or limit in any way our liability:
- For death or personal injury caused by our negligence;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data; or
- waste of management or office time
however arising, and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 14.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 14.2, or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 14.4.
- If you are a Buyer and you buy Content from a Seller through our site, the Seller’s individual liability to you in respect of that Content will be set out in the EULA [INSERT LINK TO EULA].
- If you apply for a Registered Member Account from outside the UK or buy or sell any Content via our site, either the account or any income you derive from it may be subject to duties and taxes that are levied locally. You will be responsible for payment of any such duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs and/or tax office for further information before applying for your Registered Member Account, placing your order for any Content, or submitting any Content for sale via our site.
- Please also note that you must comply with all applicable laws and regulations of the country from which you are applying for a Registered Member Account or ordering or offering for sale any Content. We will not be liable for any breach by you of any such laws.
- Written and other communications
- When we refer, in these Terms, to “in writing”, this will include e-mail.
- If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to CGItems Limited at [INSERT E-MAIL ADDRESS]. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 6, please see clause 6 for information on how to tell us this. Please provide e-mail address.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
- If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- Transfer of rights and obligations
- The contract between you and us is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of a contract with us, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a contract with you, or any of our rights or obligations arising under it, at any time during the term of the contract.
- Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
- Waiver
- If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
- Severability
If any of these Terms or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Entire agreement
- These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these Terms.
- Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.
- Our right to vary these Terms
- We have the right to revise and amend these Terms (including without limitation the Commission) from time to time.
- You will be subject to the policies and terms and conditions in force at the time that you apply for a Registered Member Account or order any Content from, or offer any Content for sale on, our site, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Registered Member Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Registered Member Confirmation).
- Law and jurisdiction
- If you are a consumer, please note that these Terms are governed by English law. This means a contract for a Registered Member Account or for the purchase of Content made through our site and any dispute or claim arising out of or in connection with it or them will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
- If you are a business, these Terms are governed by English law. This means that any contract made pursuant to these Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
This acceptable use policy sets out the terms between you and us under which you may access our website www.cgitems.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use [INSERT LINK TO WEBSITE TERMS OF USE].
www.cgitems.com is a site operated by CGItems Limited (we or us). We are a limited company registered in England and Wales under company number 08000724 and we have our registered office at 58 Sherborne Street, Ladywood, Birmingham B16 8FT. Our main trading address is also at 58 Sherborne Street, Ladywood, Birmingham B16 8FT. Our VAT number is [INSERT VAT NUMBER*]. *This needs to be finalised once you have resolved the question of VAT registration with your accountant.
Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards [INSERT LINK TO CONTENT STANDARDS BELOW].
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our website terms of use [INSERT LINK TO WEBSITE TERMS OF USE].
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
Interactive services
We may from time to time provide interactive services on our site, including, without limitation:
- Forums;
- Ratings and comments facilities;
- Wish lists or favourites;
- Blogs (latest news);
- Guestbook,
(interactive services).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Content standards
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the website terms of use [INSERT LINK TO WEBSITE TERMS OF USE] upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal or limitation of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Email policy: CGItems Limited is committed to protecting and respecting your privacy.
We use your personal information only for providing and improving the site. By using this site you agree to the collection and use of information in accordance with this policy.
Your privacy is important to us. This privacy statement provides information about the personal information thatCGItems collects, and the ways in which CGItems uses that personal information.
Personal Information Collection
CGItems may collect and use the following kinds of personal information:
• Your name and e-mail provided when contacting us by e-mail
• Any other information that you send to CGItems.
Using Personal Information
CGItems may use your personal information to answer your inquiries. Your information will not be passed on to any other agencies, except if it is required to do so by law, in connection with any legal proceedings or perspective legal proceedings, and in order to establish, exercise or defend its legal right.
Securing Your Data
CGItems will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. CGItems will store all the personal information you provide on its secure servers.
Updating This Statement
CGItems may update this privacy policy by posting a new version on this website.
You should check this page occasionally to ensure you are familiar with any changes.
Other Websites
This website contains links to other websites.
CGItems is not responsible for the privacy policies or practices of any third party.