Agreement between user and CGFORT PTY LTD as Blender Guru ("Blender Guru")

Welcome to Blender Guru.com. Blender Guru provides goods and services via a number of web pages operated by Blender Guru ("Site"). Access to the Site is offered to you, conditional on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Electronic Communications

Visiting the Site or sending emails to Blender Guru constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Blender Guru is not responsible for third party access to your account that results from theft or misappropriation of your account. Blender Guru and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Blender Guru does not knowingly collect, either online or offline, personal information from persons under the age of 18. If you are under 18, you may use the Site only with permission of a parent or guardian.

Links to third party sites/Third party services

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Blender Guru and Blender Guru is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Blender Guru is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Blender Guru of the site or any association with its operators. Certain services made available via the Site are delivered by third party sites and organisations. You hereby acknowledge and consent that Blender Guru may share your information and data with any third party with whom Blender Guru has a contractual relationship to provide the requested product, service or functionality.

No unlawful or prohibited use

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Blender Guru that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Intellectual Property

You acknowledge and agree that the statutory and other proprietary rights in respect of patents, designs, copyright, trademarks, trade secrets, processes, formulae, systems, drawings, data, specifications, documents, and other like rights relating to the Site or displayed or referred to on the Site are owned by Blender Guru or in some cases, third parties. You must not reproduce, copy, transmit, adapt, publish or communicate or otherwise exercise the intellectual property rights in the whole or any part of the material contained on the Site except as provided for in these Terms or with the prior written consent of Blender Guru. The project files, textures, HDR files and 3D models provided in connection with Blender Guru Training Videos and Training PDFs via the Site may be used and incorporated into your own works and used for commercial purposes. However, these items may not be used for commercial purposes in their raw format as provided to you by Blender Guru via the Site, nor can they be adapted or changed and incorporated into another commercial product. All Training Videos, Training PDFs and items other than those listed in the paragraph above provided by Blender Guru via the Site are the property of Blender Guru or its suppliers and are protected by copyright and other laws that protect intellectual property and proprietary rights ("Protected Content"). Protected Content is for your learning purposes only and must not be reused or redistributed in any way. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in Protected Content and will not make any changes thereto. Subject to your limited express rights granted to you pursuant to these Terms, you must not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Protected Content is not for resale. Your use of the Site does not entitle you to make any unauthorised use of any Protected Content or other content, and in particular you must not delete or alter any proprietary rights or attribution notices in any Protected Content. You must use Protected Content solely for your personal use, and will make no other use of the Protected Content without the express written permission of Blender Guru. You agree that you do not acquire any ownership rights in any Protected Content. We do not grant you any licences, express or implied, to the intellectual property of Blender Guru or our licensors except as expressly authorised by these Terms.

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. Blender Guru has no obligation to monitor the Communication Services. However, Blender Guru reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Blender Guru reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Blender Guru reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Blender Guru's sole discretion. Always use caution when giving out any personally identifying information in any Communication Service. Blender Guru does not control or endorse the content, messages or information found in any Communication Service and, therefore, Blender Guru specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Blender Guru spokespersons, and their views do not necessarily reflect those of Blender Guru. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to the Site or posted on any Blender Guru web page

Blender Guru does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any Blender Guru Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Blender Guru, our affiliated companies and necessary sublicensees, permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Blender Guru is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Blender Guru's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by Blender Guru from our offices within Australia. If you access the Service from a location outside Australia, you are responsible for compliance with all local laws. You agree that you will not use the Blender Guru Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Blender Guru, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including attorneys' fees on a solicitor and own client basis) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Blender Guru reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Blender Guru in asserting any available defences.

Termination/access restriction

Blender Guru reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice if you breach these Terms. To the maximum extent permitted by law, these Terms are governed by the laws of the State of Queensland and you hereby consent to the exclusive jurisdiction and venue of courts in Queensland in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Blender Guru as a result of these Terms or use of the Site. Blender Guru's performance of the Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Blender Guru's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Blender Guru with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement will continue in effect. Any failure by Blender Guru to enforce any of these Terms or any forbearance, delay or indulgence granted by Blender Guru to you will not be construed as a waiver of Blender Guru's rights under these Terms. Blender Guru may assign or subcontract its rights and obligations under these Terms to a third party. You may not assign your rights or obligations under these Terms except with the prior written consent of Blender Guru. Unless otherwise specified in these Terms, these Terms constitute the entire agreement between the user and Blender Guru with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Blender Guru with respect to the Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.

Changes to Terms

Blender Guru reserves the right, in its sole discretion, to change these Terms. The most current version of these Terms will supersede all previous versions and your continued use of the Site will constitute acceptance of any such amended Terms. Blender Guru encourages you to periodically review these Terms to stay informed of our updates.

Contact Us

Blender Guru welcomes your questions or comments regarding the Terms: Email Address: [email protected] Business address: 7/45 Commercial Drive Shailer Park QLD 4128 AUSTRALIA Effective as of 27th January 2015 Last updated: 10th April 2017