Terms & Conditions
GameDevHQ Filebase Terms
This website is owned and operated by GameDevHQ inc., a company incorporated in Hawaii, USA whose registered office is at 1001 Bishop St #2685a, Honolulu, HI 96813. (“GameDevHQ” or “GDHQ” or “we” or “us”) Our site offers registered (“Members“) the ability to download our library of assets.
These terms (“Filebase Terms”) govern how members may use the assets from GameDevHQ.
Please read these Filebase Terms carefully and make sure that you understand them, before using our Filebase Plugin.
Please note that by using the Filebase Plugin(whether as a Free member or Pro member), you agree to be bound by these Filebase Terms.
1. In these Filebase Terms, the following definitions apply (in addition to the other definitions herein):
“Asset(s)” means any work, information, data, software, executable code, image, drawing, animation, audio content or video content in any digital medium or form including (but not limited to) 2D image files, 3D design files, GUI elements and audio files.
“Derivative Work” means a modification or addition to a Licensed Asset or any other form in which a Licensed Asset may be recast, transformed or adapted.
“Media Product” means any digital and/or media product, creation or platform of a member including (but not limited to) software, applications, video content, audio content, documents and websites.
“Monetized Media Product” means a Media Product which, in addition to any original sale price of the Media Product, is capable of producing further income, profits, gains and any other financial consideration, value, receipt or measure for any party by any means whatsoever, including (but not limited to) via in-app purchase facilities or advertising.
“Non-Monetized Media Product” means a Media Product in relation to which, other than the original sale price of the Media Product, no party is capable of receiving any further income, profits, gains and any other financial consideration, value, receipt or measure by any means whatsoever, including (but not limited to) via in-app purchase facilities or advertising.
2. GameDevHQ Filebase
2.1. Members may;
(a) Browse or access the GameDevHQ Filebase Plugin;
(b) Download Assets through the GameDevHQ Filebase Plugin
in accordance with these Filebase Terms.
3. GamDevHQ Asset License
(a) use the Licensed Asset to create Derivative Works; and
(b) use the Licensed Asset and any Derivative Works as part of both Non-Monetized Media Products and Monetized Media Products, with no restriction on the number of projects the Licensed Asset may be used in. In either case, the Licensed Assets can be used in Media Products that are either:
i) used for the Member’s own personal use; and/or
ii) used for the Member’s commercial use in which case it may be distributed, sold and supplied by the Member for any fee that the Member may determine.
3.1. A Licence does not allow the Member to:
(a) Use the Licensed Asset or Derivative Works in a logo, trademark or service mark;
(b) Use, sell, share, transfer, give away, sublicense or redistribute the Licensed Asset or Derivate Works other than as part of the relevant Media Product; or
(c) Extract the Licensed Asset or Derivative Works and use them outside of the relevant Media Product.
(d) Redistribute the product as stock, in a tool or template, or with source files. You can’t do this with an product either on its own or bundled with other items, and even if you modify the Item. You can’t redistribute or make available the Item as-is or with superficial modifications. These things are not allowed even if the redistribution is for free.
4. OWNERSHIP OF ASSETS, DERIVATIVE WORKS AND MEDIA PRODUCT
4.1. Any and all intellectual property rights in the Asset shall be owned by GameDevHQ Inc.
4.2. GameDevHQ grants the Member rights to use Assets strictly in the form of Media Products.
4.3. All intellectual property rights in the Media Product shall be owned by the Member.
5. Prohibited Conduct
GameDevHQ is founded on the idea of community and like any functioning and healthy community, some things are not allowed and will not be tolerated. We aim to take a common sense approach to the general code of conduct on GameDevHQ and you promise that you will not:
5.1 Use a false email address, impersonate others, or misrepresent your affiliation with others
5.2 Attempt to gain unauthorized access to computer systems or content through the GameDevHQ website
5.3 Attempt to contact others through GameDevHQ or use any information gained with the intent to make private arrangement that would otherwise be made using GameDevHQ
5.4 Enter any arrangements that are not consistent with, or are intended to apply in addition to, these terms or the Author Terms
5.5 Use information gathered from or through the Envato Market in a way that may confuse or mislead customers (for example, automatically gathering information to set up a site that looks like one of our sites)
5.6 Attemt to or actually interrupt, negatively impact or alter the GameDevHQ operation in any way
5.7 Use GameDevHQ content or assets in a way that violates applicable law, that violates the intellectual property or rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading, or defamatory
6.1 Members are responsible for the payment of all charges in any way in connection with their account
6.2 Members will be responsible for maintaining their account subscription status.
6.3 No portion of the membership fee shall be refunded, unless determined otherwise in GameDevHQ’s sole discretion.
6.4 If a payment is declined by the Member’s payment card issuer (either for advanced authorization or incurred charges), GameDevHQ may suspend or terminate the Members’s membership.
6.5 GameDevHQ reserves the right to assign a delinquent Member-account to a third party collection agency.
6.6 All membership access is dependent on an active membership status. If the member terminates their membership status early, uses false accounts, or attempt to avoid membership dues through fraudulent means determined by GameDevHQ, all future subscription services will be terminated and the membership fee will not be refunded, unless determined otherwise in GameDevHQ’s sole discretion.