*Single Seat Only: Everything in the categories Brushes and Tools

Content Licence

1.  Application

1. This Content licence applies to all Contributor Content added to the Site by a Contributor, and downloaded by a User from the Site.   

2. While FlippedNormals is not a party to this Content Licence, under the Contracts (Rights of Third Parties) Act 1999, FlippedNormals may enforce any provision on behalf of any party at its sole discretion.

3. Nothing in these this Content Licence affects or amends the FlippedNormals Terms of Service and a Contributor and a User agrees to comply with the FlippedNormals Terms of Service.

2. Definitions

In this Content Licence, the following words have the following meanings:

2.1 Contributor:  a contributor of content to the Site;

2.2 Contributor Content:  all content uploaded by the Contributor to the Site and made available to download by a User;

2.3 Fee: the sum due to FlippedNormals for a Licence;

2.4 FlippedNormals: FlippedNormals Ltd, company number 11987637, registered office 65 London Wall, London England EC2M 5TU;

2.5 Licence: the fight to download and use the Contributor Content whether a Personal Licence or a Commercial Licence as more particularly described in Clause 3 below;

2.6 IP Rights: any patent, trade mark, registered design or any application for registration of the same, or the right to apply for registration of the same, any copyright or related rights, database right, design rights, rights in trade, domain names, rights in trade dress, rights in inventions, rights in confidential information or know-how or any similar of equivalent rights in any part of the world;

2.7 Site: the FlippedNormals website available at flippednormals.com.

2.8 User:  any individual or organisation that downloads Contributor Content from the Site.

3. Licence

1. Following payment of the fee for a Licence, the Contributor grants to the User an irrevocable, non-exclusive, worldwide licence to download, and use Contributor Content in accordance with this Content Licence and in particular the usage rights below.

2. If the Licence is a Personal Licence, the User agrees that the Licence is for one (1) person and their non-commercial use only.

3. If the Licence is a Commercial Licence, the User agrees that the Licence is for one (1) person only for brushes and tools, and up to 30 (thirty) people for tutorials.  Each person must be an employee and or subcontractor of the User, and the use made of the Contributor Content must be for the business purposes of the User or its clients.

4. A Personal Licence cannot be amended to a Commercial Licence, and a Commercial Licence cannot be amended to a Personal Licence; a new Licence must be purchased.

3.5 A User who purchases a Commercial Licence may access, download  and use Contributor Content on behalf of its own client. If so, the User shall:

(a) provide details of its client to the Contributor and/or FlippedNormals on request;

(b) procure that its client complies with the provisions of this Content Licence, in particular this Condition 3; and

(c) agree that breach of this Content Licence by its client shall be deemed to be breach of this Content Licence by the User.

3.6 The User will not:

(a) use any Contributor Content in association with any other content that infringes any third party intellectual property rights, is unlawful, offensive or breaches any laws, regulations or codes of conduct;

(b) register or attempt to register as a trade mark any Contributor Content or any part of any Contributor Content or otherwise use any Contributor Content as a trade mark;

(c) challenge the ownership rights in respect of any Contributor Content or claim that it owns the copyright in any Contributor Content;

(d) use the Contributor Content in any way that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable or prejudicial to FlippedNormals or the Contributor in any respect, or is discriminatory of any group of people;

(e) sell or sub-license use of the Contributor Content, except under a Commercial Licence in accordance with Condition 3.5 above;

(f) use the Contributor Content in a way that allows others to download or redistribute it as a standalone file;

(g) use the Contributor Content to replicate a similar or competing service to FlippedNormals;  and/or

(h) produce and/or sell merchandise, prints or artwork featuring the Contributor Content.

3.5 Additional restrictions may apply to particular Contributor Content and these restrictions shall be made clear on the Site.  The User shall comply with any additional restrictions.

4. Contributor warranties

4.1 The warranties contained in paragraph 2 of the FlippedNormals Terms of Service, are incorporated into this Content Licence.

4.2 The Contributor shall indemnify and keep indemnified the User from  and against all costs, losses, liabilities, damages and claims received by a User from a third party arising as a result of a breach of any of the warranties in the  FlippedNormals Terms of Service.   

5. Termination

5.1 The Licence is perpetual, except that the Licence shall terminate immediately on breach by the User of any of the provisions of this Content Licence.  No refund of any fee paid shall be due following termination.

6. General

6.1 This Content Licence shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

6.2 In this Content Licence (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.

6.3 Subject to Condition 1.3, this Content Licence (as amended from time to time) constitutes the entire agreement between a Contributor and User for use of the Contributor Content.

6.4 This Content Licence is personal to each party,  and may not be assigned or transferred without the prior written consent of the other party.