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General Terms of Sales in French / Conditions générales des ventes en Français

 

General Terms of Sale and

End User Licence Agreement – ProAnimationBank.com

Applicable as of January 1, 2010

 

Preamble 

These General Terms of Sale govern all relations between, on the one hand, the sole-owned company Proanimationbank, EURL, in the course of registration with the Trade and Companies Registry of Lyon, having its registered office at 20, montée Vauzelles, 69001 Lyon, France (hereinafter referred to as "Proanimationbank"), duly represented by its statutory manager in office and, on the other hand, any Internet user (hereinafter referred to as the “Customer” or “You”) wishing to make a purchase from the Proanimationbank website located at http://www.proanimationbank.com (hereinafter referred to as the “Website”).

Any purchase of any product or service via the Website implies the Customer’s knowledge and full and unreserved acceptance of these General Terms of Sale. These General Terms of Sale shall prevail over all other general or specific terms, failing Proanimationbank’s prior and written approval of any other such general or specific terms.

Proanimationbank reserves the right to amend these General Terms of Sale at any time. In such case, the applicable Terms shall be those in force upon the date of the order placed by the Customer.

For the purposes of these General Terms of Sale, the following terms shall be deemed to have the following meaning:

1. "For sale" designates any Content which requires the purchase of license rights, as opposed to open source Content.

2. "Content" designates all material published on the Website, more specifically, movements, animations, 3D models, rigs of bones and articulated joints, textures, extension modules, characters, all animation files and other animation data in multiple formats, computer data, computer scripts, computer programs, films and images.

3. "Embedded Content" designates Content:

- which cannot be extracted from an application or a product or used autonomously without the use of reverse engineering tools,

- and which is not intended for redistribution, other than as Embedded in the product in which it is contained.

Accordingly, Content can be Embedded, for example:

(i) in still or film images, TV shows, game cinematics or computer renderings,

(ii) in a video game, if the Content is included in proprietary format and shown inside the game during the game,

(iii) in a physical object, such as a toy, a doll or a mannequin,

(iv) in a book, a poster or a t-shirt.

4. "Service" designates the transmission, licensing or purchase of Content from Proanimationbank, via the Website.

5. "Valid sale" designates the sale of license rights for Content or other products or services via the Website.

Accordingly, returned Content (if Proanimationbank kindly authorizes same) is not deemed to be validly sold.

 

2.1.    Substance of products 

2.1.1. The products for sale on the Website are movements, coded into movement data ("animation data"), and three dimentional representation of human or animal characters (''3D models'').

They are original works within the meaning of the French Intellectual Property Code. Accordingly, the products are protected by copyright.

These movements are presented in the form of 3D animations:

- in Character Studio format (.bip), functional in the Character Studio versions included in 3Dsmax version 9 and later,

- and in Motion Builder format (.fbx), functional in Motion Builder version 7.5 and later.

The movements are represented on the Website by films.

The 3D models are presented as 3D files compatible with 3dsmax 2010 version and later format and standard digital image format (jpeg, tga, png etc...).

The 3D models are represented on the website by images of the models from various angles.

Moreover, the Website includes product sheets detailing all of the characteristics of each product, thus enabling the Customer to study all of the essential characteristics of the product(s) before validating his order.

By providing the product films and sheets, it is Proanimationbank’s intention to give the most accurate description and the best representation of the actual products, since it is impossible to describe any movement in great detail without using a visual medium to present such movement. However, the products do not include the 3D models, textures, 3D scene lighting, or any other data required to view the movement on the Website, in film form.

The 3D models are presented as 3D files compatible with 3dsmax 2010 version and later format and standard digital image format (jpeg, tga, png etc...).

 

2.1.2. Proanimationbank may sell its animations in formats other than those mentioned above, in the framework of a Service governed by a specific agreement and price, subject to quotation.

 

2.2.    Right to use products 

Pursuant to these General Terms of Sale, the Customer shall be granted a personal, non-exclusive and non-transferable license pertaining to the products purchased further to a Valid Sale.

The Customer shall benefit from such license on condition that he uses the product as Embedded Content only.

The license granted to the Customer is non-transferable and excludes any assignment, loan, rental, usage or distribution of all or part of any Content for the benefit of any third party if such Content is not Embedded.

More specifically, regarding the use of the Content in a video game, on a website or in software, the animations, designs or textures purchased on Proanimationbank may only be used if the final user is unable to access the products. To this end, acceptable methods for saving the products include, inter alia:

(i) the use of proprietary formats;

(ii) the use of passwords which protect the database or the file in which the Content is stored.

(iii) the encryption of the Content.

 

 

The license shall only enter into force once full payment has been received by Proanimationbank.

Proanimationbank provides no guarantee as to the exploitability of the products purchased, the quality and appropriateness of which must be examined and assessed prior to final purchase of the license. To this end, all products can be consulted live on the Website at any time.

 

FAILURE TO COMPLY WITH ANY OF THE OBLIGATIONS PROVIDED FOR IN THIS LICENSE SHALL RESULT IN THE IMMEDIATE AND AUTOMATIC TERMINATION of the license for the products concerned, without any need to provide prior notice of such termination.

The prices for the products sold on the Website are expressed in euros or in dollars.

The Customer must pay VAT (Value Added Tax), applied at the statutory rate in force. This obligation to pay VAT does not apply to Customers - whether private individuals or professionals - located outside the European Union, or to European companies located outside France which are already subject to VAT in their country and possess an intra-community VAT number.

Proanimationbank reserves the right to change its prices at any time.

The products will be invoiced on the basis of the prices in force upon registration of the order.

Proanimationbank reserves the right to refuse any order from a Customer with whom a dispute regarding the payment of a previous order is pending. The placing of an order constitutes acceptance of the price and the description of the products available for sale.

The Customer may check the details of his order and the total price thereof in the Shopping Cart at any time before placing the order. The Customer is able to correct any erroneous data before he validates the order.

The Customer undertakes to provide his actual and genuine contact details.

 

Payment for on-line purchases is made by bank card (Visa, MasterCard, or other Carte Bleue bank cards) or by Paypal account, in all cases via the Paypal on-line payment website.

Our partnership with Paypal guarantees fully secure payment and data confidentiality. Accordingly, the Customer benefits from a secure SSL protocol which ensures the confidentiality and security of data transmitted on the Website.

The delivery deadlines indicated vary from 24 hours (delivery by email) to one week after the order is placed.

It is hereby expressly stated that delivery shall be deemed to have been made upon the sending by Proanimationbank of the email containing the attachments corresponding to the products.

In the event that any dispatch is delayed for more than 7 days and on condition that this delay is not due to a case of force majeure and that the product has not yet been dispatched, the Customer may cancel his order and request reimbursement of the amount paid.

The Customer is responsible for the delivery address details which he provides. He assumes responsibility for any erroneous delivery address details and, more specifically, shall bear all extra costs related thereto.

Likewise, Proanimationbank shall assume no responsibility and may not be held liable for any consequences resulting from any delays in delivery which are beyond its control, such as the occurrence of an event of force majeure, a full or partial strike of Internet or postal services or natural or human-induced disasters.

Ownership of the goods delivered shall only be transferred to the Customer after full payment of the purchase price thereof (principal and ancillary amounts).

The Customer shall only benefit from a right of withdrawal if:

- he is not a professional consumer, and

- the product ordered by the Customer is a standard product.

Pursuant to article L. 121-20-2, 3° and 4° of the French Consumer Code, Customers who have ordered a product made to suit their specifications or a highly customized product, or who have opened the blister pack in which the product is delivered do not benefit from a right of withdrawal.

In the event that the Customer is entitled to a right of withdrawal and in accordance with article L. 121-20 of the French Consumer Code, such right of withdrawal must be exercised within 7 days of receipt of the product.

For products delivered by downloading, such products shall be deemed to be returned subject to the sending by the Customer of a registered letter with official receipt in which the Customer declares on honor that he has destroyed any item or copy of the products in his possession or under his control.

In any event, products are returned at the Customer’s own expense and risk.

The license granted pursuant to article 2.2 hereinabove shall automatically cease upon return.

Proanimationbank shall then offer the Customer a credit note or shall reimburse the latter within a maximum of 30 days after exercise of the right of withdrawal.

THE POSSESSION AND USE OF PRODUCTS DESPITE EXERCISE OF THE RIGHT OF WITHDRAWAL SHALL GIVE RISE TO JUDICIAL PROCEEDINGS BEFORE THE COMPETENT COURTS.

7.1.    Conformity guarantee 

Pursuant to article L. 111-1 of the French Consumer Code, where applicable, Proanimationbank undertakes to ensure that the Customer is in a position to determine the essential characteristics of the products.

Should there be any error in the description of a product, Proanimationbank undertakes to correct such error without delay insofar as it has the resources to do so.

Proanimationbank guarantees that the products are functional in the announced formats, and likewise, the quality of the films representing these products shown on the product pages of the Website.

Should a product fail to function as announced, Proanimationbank undertakes to correct such failure as soon as possible or to reimburse the Customer.

However, Proanimationbank provides no guarantee that the quality of the products, Services, Contents, information or other items for sale or available on the Website will satisfy the expectations or requirements of the Customer.

Likewise, Proanimationbank’s guarantees exclude any damage resulting from non-compliant use of the products, or the use of such products on software that is not intended to support same, or on software versions that are incompatible for the functioning of the products.

7.2.    Latent defect guarantee 

Pursuant to articles 1641 et seq. of the French Civil Code and article R. 211-4 of the French Consumer Code, Proanimationbank guarantees the Customer against any latent defects in the products.

Proanimationbank may not be held liable in the event that any product does not comply with the legislation of the country to which it is delivered (for example in the event of a banned product). It is the Customer’s responsibility to check whether it is possible to import or use the products or services that he is planning to order.

Given the fact that the products are described in accordance with article L. 111-1 of the French Consumer Code and that the Customer has full control over the execution of his order, should it prove totally or partially impossible to use the products, more specifically due to hardware or software incompatibility, then this may not in any event give rise to the payment of compensation or reimbursement by Proanimationbank or any liability claims against Proanimationbank.

Proanimationbank may not be held liable in the event of any manifest error between the characteristics of a product and its representation and/or terms of sale.

The transmission of data over the Internet does not guard against any errors, nor does it guarantee that the Website shall be permanently available, secure, or free of errors.

Consequently, Proanimationbank does not guarantee the permanent availability of the Website and disclaims any liability in the event of any technical difficulties which may arise.

For the same reasons, Proanimationbank is bound only by a best endeavors obligation for the on-line sale process. Proanimationbank may not be held liable for any damage resulting from the use of Internet, such as the loss of data, intrusion, viruses, service failure, or other unintentional problems.

The Customer assumes all risks of damage to his computer system in the event of a computer virus transmitted by a product.

Proanimationbank is not liable for any direct, indirect, specific, accidental or consequential damage, including, without restriction, the loss of business, revenues, profits, goodwill, the use of data, orders or economic benefits.

All components of the Proanimationbank Website are and shall remain the exclusive intellectual property of Proanimationbank. No explicit or implicit authorization is granted for the reproduction, utilization, rebroadcasting, or use, for any purpose whatsoever, even if only partially, of any components of the Website, whether such components be animations, computer data, 3D data, software, visuals or sounds, except as provided for in article 2.2 of these General Terms of Sale.

 

These General Terms of Sale are governed by French law.

Any disputes which may arise in connection with these General Terms of Sale and which cannot be settled amicably between the parties hereto shall be subject to the sole and exclusive jurisdiction of the commercial courts. The competent court shall be that which has jurisdiction in the place where the headquarters of Proanimationbank are located.

This exclusive jurisdiction shall be valid even for emergency or precautionary proceedings, interim injunction proceedings or applications for interlocutory measures, notwithstanding multiple defendants or warranty proceedings.

These General Terms of Sale are available in French and English languages. However only the French language version shall be authoritative.

The Website is registered with the CNIL  (French national data protection agency) under the number 1410620.

The information and data which concern you are collected for the management of your order and for our commercial relations department. In accordance with French data protection law, you have the right to access, amend, and contest, on legitimate grounds, the personal data which concern you.

Based on the choices you make when creating or consulting your account, you are liable to receive offers from our company. If you no longer wish to receive such offers, you may request us to stop sending same at any time.

To this end, simply write to us on-line at customerservices@proanimationbank.com or by post at Proanimationbank, 20 montée Vauzelles, 69001 Lyon, France giving your surname, first name, postal and email address, and, where possible, your customer reference.

 

The Website stores a cookie on your computer.

This cookie records information concerning your browsing on our Website and stores information which you enter during your visit.

This information is retained in your computer for a period of 1 hour.

However, you may prevent these cookies from being recorded by configuring your web browser accordingly.

Our Customer Service is at your disposal for any requests for further information or enquiries:

Tel.: +33 (0)4 72983363 (local call)

Email: customerservices@proanimationbank.com

Postal address: Proanimationbank, 20, montée Vauzelles, 69001 Lyon, France