GameBeep - Textures, Models, and Sprites for Game Developers

Terms and Conditions

TERMS AND CONDITIONS

NOW THEREFORE, Game Beep and Artist, sometimes hereinafter referred to as the "Parties", agree as follows:

1. Artist warrants that all work provided by Artist pursuant to this Agreement is the original work of Artist, or legally licensed to Artist from a rightful third party owner, and Artist shall indemnify, hold harmless and defend Game Beep from and against all proprietorial claims, including but not limited to copyright or trademark infringement, plagiarism, and other wrongful acts.

2. Although it is Game Beep's formal policy to not refund digital purchases, if requested by the customer, Game Beep reserves the right to waive this policy and refund a customer's purchase for any reason. In case of this refund, Game Beep will notify Artist and will not deliver payment for the original purchase. If payment has already been made to Artist, Artist is responsible for reimbursing Game Beep for the full payment price of the purchase.

3. Game Beep shall be responsible, in their exclusive judgment, on all matters and decisions relating to the marketing efforts, including, but not limited to, decisions relating to descriptive wording, product placement, frequency of placement, page titles, meta tags, and links.

4. Artist and Game Beep shall consult and agree on the actual price for all sales in the market place.

5. Game Beep shall maintain, and present to Artist, complete records of sales activity under the Agreement. Records will presented through the reporting mechanism offered through Game Beep and through receipts sent from PayPal.

6. For purposes of Artist's compensation "net sales" shall be defined as the amount of the product specific sales price received by Game Beep. Any expenses and overhead incurred by Game Beep in the process of marketing or sales will not affect the owner's compensation. Accounting and payments shall be made continually through the reporting tools offered by Game Beep, or by request of the artist.

7. Game Beep and Artist each have the right to terminate sales of the Product at any time, and for any reason in their mutual discretion. In the event Artist or Game Beep terminate sales, Game Beep has the right to deliver all sold Product in order to meet obligations to purchasers. In the event of termination, within 60 days thereafter, Game Beep will provide an accounting of final sales, and make final payment to Artist.

8. This writing is intended by the Parties as a final expression of their agreement concerning the matters contained herein, and is also intended as a complete and exclusive statement of the terms of their agreement.

9. No right or interest in this Agreement may be assigned by either party without the written permission of the other.

10. This agreement shall be governed by the laws of the State of California.

11. The unenforceability or invalidity of any provision of this agreement shall not affect the enforceability or validity of any other provision.

12. This agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.

13. Time is hereby declared to be of the essence of this Agreement and of every part thereof.

14. Any controversy arises out of this Agreement, or it's breach, shall be subject to mediation using an independent third party, following a procedure agreed upon by the Parties. In the even the mediation procedure fails to resolve the controversy, the Parties shall submit the controversy to binding arbitration using one or three neutral arbitrations, following a procedure agreed upon by the Parties, or, in the event the Parties can not agree on the procedure, the matter will be arbitrated following the rules of the American Arbitration Association.

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