By uploading content to NeonVisual, you agree to do so within the law, and agree to the following terms:

At NeonVisual you must own the rights to use any product, image, audio or video content you upload on a commercial basis. If you have created something from scratch, you own the copyright to it – i.e. you have the right to make a copy, but no one else does.  “Commercial basis” means to be making money from your content by selling/reselling/redistributing, and making it available for others to use.

If you have made use of someone else’s work in your project/product (music, videos, pictures, models, textures, audio etc) you must contact the owner of the content you are making available and ask for written permission to resell their work as part of your product. This is called an “Unlimited Commercial Use License”, and usually you’d need to pay the original author royalties or a set fee. You should include the commercial licence in your product download so your buyers can contact the original owner if needed, and so NeonVisual can validate you as a licensee of the 3rd party content.  
You may not use creative commons content on a commercial basis, so again you would need to contact the original author for permission to use their content on a commercial basis.

If you are unable to find the original author to ask for permission, then you cannot, under any circumstances, include it in your product.

NeonVisual Ltd is a British company, and so we operate within the legal jurisdictions English Law administered by the courts in England and Wales, including UK copyright law. 

Banning

NeonVisual inspect all products uploaded and will permanently ban anyone who is found to be infringing on the copyright of others. We may or may not issue a warning where a genuine mistake may have been made, but this is not a guarantee and will depend entirely upon the circumstances, and will put all of your current and previous products under heavy scrutiny.
 NeonVisual is obliged to pass on user contact details to the original author should we be contacted by them to enforce their copyright where one of our users has infringed upon it. The original author has the right to pursue monetary damages in court where infringement has taken place.  

Below is a general guide to copyright law covering a range of topics to further help you understand copyright law and how it affects you and your work. Any first-time user of NeonVisual should take ten minutes to read in full, as ignorance is not a valid excuse for infringing upon copyright. 

1. What is copyright and what can be protected by copyright?
 

Copyright is a form of intellectual property that protects original literary, dramatic, musical and artistic works, as well as layouts or typographical arrangements of published work, sound recordings, film and broadcast.

Copyright gives the creator of the work the exclusive rights to copy, license, rent, lend, perform, show the work to the public, make an adaptation of the work or translate a work. Moral rights, which are similar to copyright, also give the creator the right to be identified as the author of the work; not to have their work changed and the right to object to derogatory treatment of their work. The idea is that by giving authors the right to control the use of their work they can make a living from it and will be motivated to produce new work. What makes copyright a complex mechanism is that it has to encourage learning and the spread of knowledge while securing economic and personal rights to authors and creators. Striking the correct balance is one of the major challenges of copyright law.

It is important to remember that copyright does not protect ideas; it protects expressions of ideas that are fixed in a permanent form, for example, written down or recorded. It might be useful to mark your work with the copyright symbol, your name and the date of creation. However, this is not necessary: copyright arises automatically, no formalities such as registration or copyright marks are required.

See: the Berne Convention 1886 and the Copyright, Designs and Patents Act 1988

2. How long does copyright last?

In the UK copyright expires 70 years after the death of the creator for written, artistic, musical and film work. However, for broadcasts it is 50 years from when the broadcast is made whilst for sound recordings and performers’ rights in sound recordings the term has been extended to 70 years from publication.

The time period runs from the end of the calendar year in which the author(s) died or from when the broadcast or sound recording was made. When copyright expires, the work enters the public domain, meaning that it can be used and re-used for free by anyone without the need to get permission from the copyright owner. You can find more information about the public domain here.

If the creator of the work is unknown then the copyright expires 70 years from the end of the calendar year in which the work was made, or when it was first made available to the public.

See: Sections 12 – 15A of the Copyright, Designs and Patents Act 1988

3. How do I copyright my work? Is there a formal procedure?

There is no formal registration procedure for copyright; as long as your work qualifies for copyright by being original, it obtains protection as soon as it is in a permanent or fixed form. In UK law, originality is defined as using your own skill, labour, judgement and effort. In other words, what this means is that the work must not be copied from another work; it should originate from the author.

There are steps which you might take to help protect your copyright, should it ever be disputed. For example, you could send it to yourself by special delivery post and leave it sealed. With some types of work – such as scripts and photos – it can be sufficient to send it to yourself by email. There are also copyright registration services available for a fee, which act as similar evidence. However, nowadays this is not as relevant as it used to be, since with computer records the dating of production is almost always possible.

4. Can more than one person have copyright in something?

Yes. Works that are created by more than one person are generally considered to have joint ownership of the copyright. For example, in the UK the first copyright owners of a film are the producer and the principal director. In some cases, different people hold the copyright for different parts of the work, for example a song can have copyright in its arrangement, tune, lyrics, sound recording and performance whilst if the music is packaged into a compact disc (CD) the artwork can have copyright. The copyright in these various elements can be owned by different people.

See: Sections 9 – 11 Copyright, Designs and Patents Act 1988

5. Who owns the copyright in my work? (e.g. freelancer / employer, photographer / model)

If you create something during your employment, usually it is your employer who owns the copyright in that work. However, this will depend on the contents of your employment contract.

A freelance photographer or writer, for example, usually owns the copyright of the photographs that he takes or the work she produces. However, again, the terms of the contract can change this. Therefore, if the production of your work is handled through a contract you should carefully check all the clauses to understand who owns the copyright and under what terms.

See: Section 39(1) of the Patent Act 1977, Section 11 Copyright, Designs and Patents Act 1988

6. How do I sell / license my copyright? What is Creative Commons?

As the copyright owner in your work, you can sell or license it to others, which could be done through a contractual agreement.

Some creators choose to join a collecting society, who then licenses and collects royalties on their behalf; these include:

Authors’ Licensing & Collecting Society (ALCS), Artists’ Collecting Society (ACS), Broadcasting Data Services (BDS), British Equity Collecting Society (BECS), Christian Copyright Licensing International United Kingdom,Christian Video Licensing International United Kingdom, Copyright Licensing Agency (CLA), Design and Artists Copyright Society (DACS), Directors UK (D-UK), Educational Recording Agency (ERA), Motion Picture Licensing Company (MPLC), Newspaper Licensing Agency (NLA), Open University Worldwide (OUW), PRS for Music,Phonographic Performance Limited (PPL), Publishers Licensing Society (PLS)

Alternatively, you can visit the Copyright Hub website which sets out information on how to get permission to use somebody else’s work, or how copyright relates to your own work.

See: Sections 116 – 144A Copyright Designs and Patents Act 1988,

7. When I sell my work, do I still hold the copyright?

In the UK, when you sell an analogue copy of your work (e.g. a CD, a DVD, a book), you cannot control the distribution of that physical copy any longer (this is called the exhaustion of rights). This means that the buyer may resell or lend that copy without your consent. However, you still hold both your exclusive and moral rights. So, for example, if you produce and sell an album, the person who buys it can then resell or lend it to his or her liking. But if the buyer wants to use some of the tracks in the production of new work (e.g. a video), he or she has to get your permission and credit you, as you still hold exclusive and moral rights.

Also, the exhaustion of rights does not apply to online distribution, meaning that if you purchase something online (e.g. a song from iTunes), you cannot resell or lend the digital copy of that work. Usually in these cases the end-user licence states what you can or cannot do with that work.

8. Do I have copyright in my work in other countries?

Copyright law is territorial, meaning that the rules that matter are the rules of your own country. However, there are international agreements which protect your work under the laws of most other countries.

Signatories to the Berne Convention (UK has been a signatory since 1887) recognise the copyright of works of authors from other signatory countries in the same way as it would recognise the copyright of its own nationals. This means that UK copyright law will apply to a work published or performed in the UK, although it may have originated in Italy. This is because both UK and Italy are signatories to the Berne Convention.

If the work is copied in another jurisdiction, it will first depend on whether the copied work can come under one of the copyright exceptions of the international agreements (see below). Where a work is copied within a European Member State, the current regulation states the case will generally be heard on where the person lives or is domiciled. If the copying has been done outside the European Union and it leads to a court case, then, the law of that relevant jurisdiction, where the copying took place will apply.

See: The Berne Convention, Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS), WIPO Copyright Treaty

9. What do I do if someone infringes my copyright?

Infringement of copyright occurs when someone takes either all of your work, or a substantial part of it, without permission. However, there are several exceptions which allow a copyright work to be used without permission.

If someone has infringed your copyright you could contact them directly, consider mediation, or seek legal advice. If you decide to take legal action, there are a number of remedies that you can seek from the court.

The infringer can give a promise, known as an undertaking, that they will license the work from you, under terms that you agree.

The court can grant an injunction. This means that the judge will make an order to stop the person from using your work. This could also mean having your work returned to you or seizure of any infringing copies.

The court may also award damages. This may be with an order for damages; to restore you back into the position that you would have been in if the infringement had not occurred. Or it may be an account for profits; where the profits gained by the infringer are assigned to the original copyright owner.

Action against copyright infringement can be taken by the copyright holder or someone who has full licence of the work. It is also possible to take action against infringement of moral rights. So, even if you have sold your copyright to a publisher, for example, you can still assert your moral rights, such as objecting to derogatory treatment of your work. The court may grant an injunction to stop the person doing the derogatory act against your work.

See: Sections 96 – 115(3) Copyright, Designs and Patents Act 1988, The Copyright Tribunal, The Intellectual Property Office Mediation Service

10. What can I borrow from someone else’s work? Where is the line between inspiration and copying?

Copyright protects only the expression of ideas, not the ideas themselves. For example, two artists may paint the same scene but portray them in ways that are slightly different, without infringing each other’s copyright. At the same time, the fact that the series Lost is copyright protected does not prevent you from writing a story about a number of people who are forced to live on a remote island after a plane crash.

Taking inspiration from someone else’s work is therefore acceptable, but in order to have copyright in your work and avoid infringement you need to create something original by using your own skill, labour, judgement and effort. Using another’s work is copyright infringement when ‘the work as a whole or any substantial part of it’ has been copied. Unfortunately, the precise meaning of these concepts is defined on a case-by-case basis. In deciding cases like this, courts will weigh the potential impact upon the originator’s ability to market their work with the concern that other people should be able to use it in order to draw inspiration for future work. You can find more information about re-using someone else’s work here.

11. Do I always need to get permission to use other people’s work? Is it enough to credit the author/artist?

If you want to use a piece of work that is still in copyright, you will need to seek permission from the copyright holder; acknowledging the author is important, but not enough. When seeking permission, remember that sometimes the copyright owner is not the original creator; it can be the record label or producer, for example.

However, there are circumstances when works can be used without seeking the copyright holder’s permission. These are known as copyright exceptions. They include fair dealing for quotation, news reporting, education, private study and parody. Each exception has very specific criteria which you must meet in order to benefit from them.

Also, you do not need to obtain permission to use works that are in the public domain.

12. What about a cover, remix, mash-up or edit?

Creating your own version of someone else’s work, including editing or remixing is referred to as a derivative work. Unless you benefit from one of the copyright exceptions mentioned above or the materials you want to edit are in the public domain, you need to seek permission from the copyright holder first in order to avoid infringement claims.

13. How do I get permission to use other people’s work?

The best way to get permission to use someone else’s work is to ask them. Contact them via email or make a phone call and find out if they are happy for you to use their work and on what terms. For certain types of use the most effective way to get permission is to obtain a licence from collective licensing organisations.

If the copyright owner is unknown, getting permission becomes particularly difficult. This type of material is referred to as an orphan work.

14. Where can I find copyright-free material?

All works that are in the public domain are out of copyright and free to re-use. You can find more information about public domain materials here. If a work is distributed under a Creative Commons licence, you can re-use it for free under the conditions set by the licence.

Copyright-free material can be difficult to find but luckily there are some archive services to help you out. Here are some suggestions:

Wikimedia Commons – Wikimedia Commons is a database of millions of freely usable media files, like images, sounds and videos.

The Prelinger Archives – The Prelinger Archives are a collection of movies that are believed to be in the public domain in the US. However, you need to bear in mind that copyright law is territorial, meaning that the fact that a work is in the public domain in the US does not necessarily mean that it is in the public domain in the UK as well. To find out how to know if a work is in the public domain in the UK, read more here.

Incompetech – Incompetech is a collection of songs produced by the American artist Kevin MacLeod and distributed under a Creative Commons licence. You can freely use all the songs originally produced by Kevin MacLeod under the only condition of crediting the author.

More resources can be found here.

15. Is it okay to use other people’s work just for personal use?

In terms of copyright infringement in the UK, there is no distinction between personal and commercial use. Using someone else’s work without permission or payment, outside of the copyright exceptions, is an infringement of that person’s copyright.

16. Is it okay to change the format of something? Can I translate something?

Changing the format of a work – known as format shifting – can be an infringement of copyright.

On 1 October 2014, a private copying exception for format shifting was introduced into UK law so that people can make copies on different media for their own use. You can find out more information about the private copying exception here.

In terms of a translation, UK law states that it is an infringement to adapt a work without permission, which includes a translation.

See: Section 21(3)(a)(i) Copyright, Designs and Patents Act 1988

17. Can I take an image from Google search?

You cannot download or use images from Google without seeking permission from the copyright holder, unless your use falls within one of the exceptions. Google is simply a search engine that scans the internet and provides the searcher with any relevant results – copyright holders do not upload their images to Google for free use. If you click on the image you are usually guided to the source website where you might be able to contact the copyright holder for permission.

18. What are the copyright rules for YouTube videos?

If you are uploading or downloading videos to or from YouTube in the UK, then UK copyright laws apply. YouTube is a platform for video sharing online and it is the users who are responsible for complying with the laws of copyright.

If you upload a video that is infringing someone’s copyright, the owner of that copyright can inform YouTube, who will then send you a warning and remove the video. If the video has been incorrectly removed because you benefit from a copyright exception, you can send a ‘Counter Notification’ to request for the video to be reinstated. You can find the webform for this in the Copyright Notices section of your YouTube account. When you submit this form, YouTube will forward it to the copyright owner who made the original claim of infringement, along with your personal information.

In some instances, the copyright holder may allow the video to remain on YouTube if you agree to let them show an advert at the beginning.

The user policy for YouTube is that after three copyright infringement warnings the user’s account is suspended.

See: YouTube terms and conditions

19. What should I do if I receive a copyright infringement notice?

The textual content of the website has been produced by leading copyright academics and is intended to be accurate and authoritative. However, it does not constitute legal advice. If you have received a copyright infringement notice, you might need professional legal advice.

Also, you can contact the Citizens Advice Bureau, which provides free, independent and confidential advice:http://www.adviceguide.org.uk/

20. What is the difference between copyright and other rights such as trademark or patent?

Copyright is one type of intellectual property right. The other statutory IP rights include Trade Mark, Patents and Designs, each for different purposes.

Copyright is an automatic right which protects original literary, dramatic, musical and artistic works.

A Patent is a registered right that gives the owner exclusive right to features and processes of inventions.

A Trade Mark protects logos and signs that are used in relation to a particular type of product or service.

A Design right protects the visual appearance of an object or part of an object.
Trade Marks and Design rights can be registered or unregistered.

For more information and other types of protection see: www.ipo.gov.uk, www.wipo.int

Image Upload Policy - Copyright and Licensing

NeonVisual Ltd and it’s members operate under English Law of the United Kingdom of England & Wales.

“Copyright” means that you automatically have the right to make copies of something you have created yourself, from scratch, which no one else is able to use without permission from you. If anyone else makes copies of your work they are doing so in breach of your copyright. Equally, if you make a copy of work you did not originally create then you are in breach of someone else’s copyright. If you want to use someone elses work, or someone else wants to use your work, then there must be an agreement between both parties.
This is known as a copyright licencing.     

When uploading content to NeonVisual you agree that you have read and understood this image upload policy. If in doubt STOP UPLOADING NOW and contact NeonVisual for guidance.

Make sure that the image falls in one of the five categories:

Own work:
You own all rights to the image, usually meaning that you created it entirely yourself, from scratch, and use no 3rd party (someone else’s) images, logos, photographs or artwork. Congrats! You’re a copyright holder!

Licensed
You are using 3rd party material, but you can prove that the copyright holder has licenced the image/logo/photograph/artwork to you freely for commercial use (the licence between you and the copyright holder allows you to make money using their image, or part of their image). This is usually done by way of an official licence between you and the rights holder. You must include this licence in your product download for your buyers to view so they understand any limitations of the licence.  Failing to locate the rights holder of a particular image or component of an image/photograph/logo/artwork is not an acceptable reason for failing to obtain a licence and going on to use the content anyway.  When in doubt, do not upload copyrighted images.

Public domain
You can prove to NeonVisual that the image is in the public domain, i.e. free of all copyrights.

Fair use
You believe that the image meets the special exceptions to copyright, which may exceptionally allow limited use of unlicensed material. For example, a tutorial on surface texturing may allow limited use of 3rd party logos/images/photographs/artwork to demonstrate use under the educational exception.

Obscenity & Offence
Your images shall not contain any obscene, adult or illegal content, for example nudity, drug use, graphic imagery, violence, or any images which may cause offence, intentional or otherwise.

User-created images
NeonVisual encourages users to create and upload their own images. Such images can include photographs which you yourself took, logos and artwork you have created from scratch, or screen captures of your workflow. The legal rights for photographs generally lie with the photographer, not the subject. Simply re-tracing a copyrighted image or logo does not necessarily create a new copyright. Copyright is generated only by instances of "creativity", and not by the amount of labour which went into the creation of the work. Photographs of three-dimensional objects almost always generate a new copyright, though others may continue to hold copyright in items depicted in such photographs. Photographs or image depictions of two-dimensional objects such as paintings in a museum often do not. Photographs depicting anyone under the age of 18 always require written parental consent in all cases.

If you have questions or are unsure in respect to image uploads please contact NeonVisual for guidance.

Unauthorised use of copyrighted material under an invalid claim of fair use constitutes copyright infringement and is illegal. Media which are misused as fair use or is a flagrant copyright violation can be removed on sight, with the associated user account banned permanently.

Watermarks, credits, titles, and logos
You should have no credits, 3rd party logos, 3rd party symbols, or 3rd party trademarks in the image itself, or anything else that would hamper use on the site, unless of course your image is intended to demonstrate creation of logos, watermarking, symbols, titles, etc as part of your product. For example, a screen capture of an educational tutorial product recreating a particular logo does not in its self necessarily constitute copyright or trademark infringement, but using that logo without permission of the 3rd party may well be.

You are encouraged to include your own original logo and/or watermark on images you upload on the basis that they do not contain links to any external website.

NeonVisual allows limited use of 3rd party logos relevant to the product(s) you are uploading, or specialise in. For example, if your product is a Lightwave3D model then you may choose to integrate the most recent official LightWave3D logo in to your images and videos. Note that it is your responsibility to observe any branding guidelines the 3rd party may have and to ensure your usage is allowed by the 3rd party.  As an example, you can find branding guidelines of LEGO© here. You must never imply or present your work in a way which may be misconstrued as you being connected to the 3rd party, or that you are an official representative.

Moral issues
Not all images or legally obtained photographs of individuals are acceptable. The following types of image are normally considered unacceptable:

·         Those that unfairly demean or ridicule the subject, or target hate toward a particular individual or group
·         Those that are unfairly obtained
·         Those that unreasonably intrude into the subject's private or family life

In most cases moral issues are matters of common decency rather than law, however the two can overlap, for example a photograph taken standing in a street of a subject through a window of their home is legally acceptable, but morally would be considered by most to be intruding on the private life of the subject you are photographing.

Use good judgement, contact NeonVisual if in doubt. 

Terms of Use

This is a legally binding agreement between (“you”) and NeonVisual Ltd regarding your use of the site. "You” refers to the entity bound by these Terms of Use (“Terms”), whether that is a natural person who must be at least 18 years of age, or at least 13 years of age with the consent of a parent or guardian, or a corporate entity. This agreement incorporates by reference, the Image Upload Policy, Product Upload Policy, Video Upload Policy, as well as the Site’s policies and procedures.

These Terms may be translated into other languages, but the governing language is English in the event of any contradiction in terms between the English and foreign translation.

I. Definitions
II. General Use
III: Warranties
IV: Limitation of Liability
V: Termination and General Terms
VI: Upload Policies


I. Definitions

“NeonVisual” includes NeonVisual Ltd, the registered trademark NeonVisual (Intellectual Property Office no. UK00003158973), the trademark “Creativity Begins”, and all licensed affiliates and partners that distribute digital content on behalf of NeonVisual Ltd. NeonVisual Ltd is a private company registered with Companies House no. 09484119 - Incorporated on 11 March 2015
with the registered address of NeonVisual Ltd, 1 The Van Alen Building, Marine Parade, The City Of Brighton and Hove, East Sussex, BN2 1WP United Kingdom.

“Digital Content ” is the collection of one or more digital files, images, or videos packaged in the form of a product on the Site that is uploaded by you, or otherwise made available to you, for Purchase on the Site. A Digital Content Product may include video, files intended for use in 3 rd party software packages such as 3D models, texture maps, motion captures, photographs, imagery, application and plug-in software, materials and shaders, shapes and vector graphics, training materials, building components, sound effects, stock music, and videos. Additionally, a Digital Content Product may include a number of individual files of different file formats to make it easierfor Customers to work in a variety of software applications (such as but not limited to Photoshop, 3ds Max, Maya, Fruityloops Studio, Cinema 4D), and may also include other files (such as jpeg images used for texturing), and images or other files that are used for promotional purposes. For customers and their use in Creations, this definition also includes derivative and intermediary files used for that purpose. We provide 29 days to redownload purchased products after the day of the initial payment. 

"Site" refers to NeonVisual.com, APIs, software applications or any approved means or utility either currently in existence or in the future; the software and source code used by NeonVisual to provide such services; user interface layouts, designs, images, text, blogs, forum threads and articles, program offers; site information provided in reports (such as commission and product purchasehistories); and all other intellectual property protected under copyright, trademark, patent, publicity, or any other proprietary right.

To make reading this agreement easier and less repetitive, the following constructions are used:
“Include" ,”including" and  "such as” are considered to be followed with “but not limited to”.
Examples are used in this agreement to illustrate, rather than limit, the scope of the terms.
“The following restrictions”, “the foregoing restrictions” , and "subject to the restrictions” are considered to be followed with “in addition to all other restrictions applicable within this agreement”.


II. General Use
1. General License to the Site.

a. Ownership . Except as expressly licensed to you in these Terms, and in other agreements provided to you by NeonVisual such as those regarding Digital Content Products, NeonVisual and the owners of the NeonVisual Ltd retain all ownership, right, title, and interest in and to the services provided by NeonVisual, including the Site and all Digital Content Products.

b. Unauthorized Use . If you use the Site or Digital Content Products in an unauthorized way, NeonVisual may terminate your account and pursue other penalties, damages, losses, and profits to which NeonVisual is entitled under this agreement or at law or equity. The following uses of the Site are explicitly prohibited:

i. Except as expressly licensed to you, using an in-line link, frame, or forging headers around or URLs, or otherwise repackaging the Site in any way for commercial purposes;
ii. Obscuring or removing any watermark, copyright, or other proprietary notice from the Site or Digital Content Products;
iii. Mining, hacking, probing, spidering, crawling, or scraping the Site or Digital Content Products, or similarly gathering or extracting data (whether manual or robotic), including by indexing, caching, or aggregation;
iv. Decompiling, reverse engineering, or making derivative works;
v. Interfering (or engaging in any activity that may interfere) with any user’s experience;
vi. Testing for technical vulnerabilities, or circumventing any security measures or access restrictions;
vii. Using the Site for recruiting purposes or to contact NeonVisual artists for any reason; or
viii. Sharing any privately or semi-privately communicated information associated with the Site with anyone, unless you have the permission of the sending party. By way of example, you cannot take information sent to you in a private message or in a semi-private forum and make that information public or share it with any third party.

2. Material Submitted by You

NeonVisual does not claim any ownership or liability with respect to any material that you submit when using the Site. This section sets additional rules for your submission or consumption of any writing, imagery, or data to any forum, blog, or Digital Content Product “forums”.

a. NeonVisual welcomes constructive criticism. However, you may NOT post anything that counteracts constructive, professional dialogue on Digital Content or related topics, aimed at either NeonVisual, website users, or potential website visitors.

b. You may NOT submit anything that discloses, stores, or collects any contact information or any person’s personal information without that person’s permission.

c. You may NOT in any way post anything abusive, harassing, threatening, harmful, inaccurate, defamatory, libelous, pornographic, racist, homophobic or obscene.

d. You may NOT post any spam or advertising for other products or services. You may NOT post from multiple accounts, disrupt, flame, incite, or persist in repetitive or off-topic comments. You may NOT post either your own, or 3rd party contact details, weblinks or personally identifiable information, except where allowed under the Seller Status Level permissions on product pages, and where a user has gained permission to post external links in the forum.

e. You are fully responsible for and shall act sensibly and with your best judgment on how and what you post to the Site.

f. You may NOT post or link to anything that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

g. You may NOT post or link to anything that infringes the rights of any third party or violates any law, rule, or regulation.

h. You may NOT re-post information elsewhere that requires a Site user account to access, such as private discussion forums or commission and sales reports.

III. Warranties

You covenant, represent, and warrant to NeonVisual that:
1. You have full right, power, legal capacity, and authority to enter into and perform this agreement, have obtained any third-party consent needed to do so, and, prior to any Purchase, had an opportunity to seek independent legal counsel.
2. You will not use the Site except pursuant to the terms of this agreement.

IV. Limitation of Liability

1. The Site is provided on an “as is”, “as available”, and “with all faults” basis. NeonVisual makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, fitness for a particular purpose, non-infringement, merchantability, or cosmetic attributes of the Site, and does not guarantee the accuracy or completeness of specifications associated with the Site, including measurements, weight, durability, strength, materials, general physical properties, regulatory compliance, other engineering or construction attributes.
2. You assume all risk for any damage to your computer systems and network for any damage to your computer system caused by using the Site, including any damages resulting from computer viruses.
3. To the fullest extent permitted by law, NeonVisual shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including loss of business,revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Site, even if NeonVisual has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence). To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental, or consequential damages, portions of the preceding limitation or exclusion may not apply, but should be construed to the greatest extent applicable in such jurisdictions.
4. You agree to indemnify and hold NeonVisual and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, licensee, suppliers, other partners, employees and representatives ("NeonVisual Parties") harmless from any claim or demand, including reasonable legal fees, made by any third party due to, or arising out of your use of the Site and any material you submit.

V. Termination and General Terms

1. Entire Agreement. This agreement constitutes the entire agreement between you and NeonVisual, unless you have additional mutually agreed written license agreements with NeonVisual. NeonVisual does not offer any other changes, additions, variations, or additional signed forms related to this agreement. No modification to this agreement will be binding, unless in writing
and signed by an authorized NeonVisual representative.

2. Termination; Material Breach. Your breach of these Terms or other applicable policies or agreements with NeonVisual may result in NeonVisual terminating your access to the Site, without any liability to NeonVisual. You may terminate these Terms at any time by ceasing to use the Site. You agree that any material breach of these Terms will result in irreparable harm to NeonVisual for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, NeonVisual will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if NeonVisual seeks such an injunction.

3. Import/Export Regulations. The Site may be subject to the U.K. and EU export laws and the export or import laws of other countries. You agree to comply strictly with all such laws.

4. Governing Law. This agreement is governed by English law, excluding conflict of law principles. Any action or proceeding arising out of or related to this agreement must be brought in a County or Magistrates court located in the United Kingdom, and both parties irrevocably submit to the exclusive jurisdiction of such courts. All notices, requests and other communications under this agreement must be in writing (e-mail messages shall be deemed writings).

5. LIMITED INTERNAL USER ARBITRATION. You acknowledge and agree that NeonVisual may, in its sole discretion, arbitrate disputes between the Site’s users involving the Site or Digital Content Products, and such findings shall be final and non-appealable. Either party may request that NeonVisual arbitrate the dispute, or NeonVisual may elect, at its option, to arbitrate the dispute. To resolve disputes, NeonVisual may decide to terminate or suspend users, revoke the license, offer replacement Digital Content Products, reestablish the licensee, or surrender or reallocate fees (whether by refund, charitable donation, or otherwise). NeonVisual may award up to 3X the Purchase price to either party depending on the circumstances. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT ACCEPTING THIS ARBITRATION PROVISION WAIVES RIGHTS TO JUDICIAL RESOLUTION, TRIAL BY JURY AND RIGHTS YOU WOULD OTHERWISE HAVE IF YOU HAD NOT AGREED TO THIS ARBITRATION PROVISION.

6. Notice . Any notice under this agreement shall be via email to sellersupport@neonvisual.com provided that you receive an acknowledgement email from a NeonVisual representative within 5 business days. If no such acknowledgement email is received, notice must be in writing and delivered by recorded delivery mail to the following address:

NeonVisual Ltd,
1 The Van Alen Building,
Marine Parade,
The City Of Brighton and Hove,
East Sussex,
BN2 1WP
United Kingdom

7. Assignment. NeonVisual may not assign its rights under this agreement without providing you notice, except in the case of a bankruptcy, merger, acquisition, sale of all or substantially all of NeonVisual’s assets to a subsequent owner or operator, or similar event. You may not assign your rights under this agreement without the prior written consent of NeonVisual, which will not be
unreasonably withheld. 

8. English. This agreement may be translated into other languages, but English is the official
language of this agreement and in any conflict between the English language version and any other
version, the English language version shall control.


VI. Upload policies

1. Image Upload Policy
We encourage you to take advantage of the image upload features NeonVisual has made available for buyers and sellers to help promote your products, and your brand identity, to site visitors and buyers. We also encourage you to share your skills with others to both help them achieve more, and to help you progress as an artist.

We ask you to respect the following guidelines:

1. Your logos and images must only contain content created by you, however, you may use stock images from 3 rd parties where their policy allows for licence-free commercial use. If in doubt it is your responsibility to contact the owner and rights holder of the image for written permission to use on a commercial basis.
2. We encourage you to collaborate with other site users, and you should feel free to work together to create the most engaging and visually striking promotional content.
3. Your images must be an accurate representation of your product.
4. Images containing nudity, profanity, or sexually graphic material are strictly prohibited.
5. Images created with the intention of mocking or a parody of other users or potential website visitors are not tolerated.
6. For sellers, when your product is for a particular software package, game, file format etc we DO permit you to use 3 rd party logos (such as Adobe Photoshop, or Minecraft) to help your buyers understand the intended use. You must not however imply that you are associated with the 3 rd party to whom the logo belongs.

Failure to adhere to the above guidelines may result in immediate account suspension and a permanent ban. If you are unsure about a particular image, please email it and a description to sellersupport@neonvisual.com for advice. You can also use this email address if you wish to complain about an image already on NeonVisual. General support and guidance from staff and other users is also available in our forum.

2. Video Upload Policy
All new users to the website are subject to admin moderation of videos uploaded to our server. It can take up to 24 hours for a video to pass through modification, but usually approved within a couple of hours. Established sellers earn a higher Seller Status Level which can bypass moderation and have a video appear on their products within minutes. We encourage you to take advantage of the video upload features NeonVisual has made available for buyers and sellers to help promote your products, and your brand identity to site visitors and potential buyers. We also encourage you to collaborate with other site users to make the best content possible
and expand your skillset. There is an unfortunate and common misconception online that you can take and reuse/republish 3 rd
party content whenever you please and simply “credit” the artist or rights holders. This is not the case, particularly when used without permission to promote a product or service. This could lead to you having serious legal implications and financial damages. it’s your responsibility to ensure you either have written permission to use 3 rd party content on a commercial basis, or it’s source is clearly stated as being free to use on a commercial basis. Content stated as free for personal use is not acceptable.

We ask you to respect the following guidelines:

1. Your videos must only contain content created by you, however, you CAN use content from 3 rd parties where their policy allows for licence-free commercial use, or you have purchased rights for commercial use. This also includes any audio soundtrack.
2. Some artists and stock providers may allow 3 rd party commercial use on the basis of an attribution to them. Be aware however that NeonVisual does not permit 3 rd party website links in videos, product descriptions or within the product download itself.
3. It’s always a good idea to ask the 3 rd party if they too would like to join NeonVisual, as you are then free to credit their NeonVisual username in your descriptions, videos and product downloads where they have allowed you to use their content.
4. Your videos must be an accurate representation of your product.
5. Videos containing nudity, profanity, adult or sexually graphic material are strictly prohibited.
6. Videos created with the intention of mocking or a parody of other users or potential website visitors are not permitted.
7. For sellers, when your product is for a particular software package, game, file format etc we DO permit you to use 3 rd party logos (such as Adobe Photoshop, or Minecraft) to help your buyers understand the intended use. You must not however imply that you are associated with the 3 rd party to whom the logo belongs without their explicit written permission, for example if you are an authorised distributor.

Failure to adhere to the above guidelines may result in immediate account suspension and a permanent ban. If you are unsure about a particular video we’re always available to give advice and support via sellersupport@neonvisual.com. You can also use this email if you wish to complain about a video already in use on NeonVisual which contains your content without your permission. General support and guidance from staff and other users is also available in our forum.

3. Product Upload Policy
When packaging your product to a zip or rar file we ask you to respect the following guidelines:

1. For security reasons, all products uploaded to our server are checked for viruses and malware. We will immediately terminate the account of ANY seller who knowingly, or unknowingly has uploaded malicious software. You should thoroughly scan your product
before uploading it to our secure server as your seller account depends upon it.
2. Your products must only contain content created by you, however, you CAN use content from 3 rd parties where their policy allows for licence-free commercial use. This includes but not limited to audio soundtracks, video content, texture packs, images, project files, and any other digital content in part, or in whole which has not been entirely created by you.
3. NeonVisual does not permit 3 rd party website links or contact details within the product download itself.
4. Your product must be as described on your product page.
5. Products containing nudity, profanity, or sexually graphic material are strictly prohibited.
6. Products created with the intention of mocking or a parody of other users or potential website visitors are not permitted.

Failure to adhere to the above guidelines may result in immediate account suspension and a permanent ban. If you are unsure about a particular aspect of your product we’re always available to give advice and support via sellersupport@neonvisual.com. You can also use this email if you wish to complain about a product already available on NeonVisual. General support and guidance from staff and other users is also available in our forum.

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