Terms and Conditions

Agreement between user and CGFORT PTY LTD trading as Poliigon ("Poliigon")

Welcome to Poliigon.  Poliigon provides goods and services via a number of web pages operated by Poliigon ("Site").  Access to the Site is offered to you, conditional on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").  Your use of the Site constitutes your agreement to all such Terms.  Please read these terms carefully, and keep a copy of them for your reference.


Electronic Communications 

Visiting the Site or sending emails to Poliigon constitutes electronic communications.  You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.


Your account

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  You may not assign or otherwise transfer your account to any other person or entity.  You acknowledge that Poliigon is not responsible for third party access to your account that results from theft or misappropriation of your account.  Poliigon and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Poliigon does not knowingly collect, either online or offline, personal information from persons under the age of 18.  If you are under 18, you may use the Site only with permission of a parent or guardian.


Cancellation/Refund Policy

You may cancel your subscription at any time.  Any cancellations made after 30 days of service will not qualify for a refund.  Please contact us at support@poliigon.com with any questions.


Links to third party sites/Third party services

The Site may contain links to other websites (" Linked Sites").  The Linked Sites are not under the control of Poliigon and Poliigon is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  Poliigon is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Poliigon of the site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organisations.  You hereby acknowledge and consent that Poliigon may share your information and data with any third party with whom Poliigon has a contractual relationship to provide the requested product, service or functionality.


No unlawful or prohibited use

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms.  As a condition of your use of the Site, you warrant to Poliigon that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.  You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.


Intellectual Property

You acknowledge and agree that the statutory and other proprietary rights in respect of patents, designs, copyright, trademarks, trade secrets, processes, formulae, systems, drawings, data, specifications, documents, and other like rights relating to the Site or displayed or referred to on the Site are owned by Poliigon or in some cases, third parties. 

You must not reproduce, copy, transmit, adapt, publish or communicate or otherwise exercise the intellectual property rights in the whole or any part of the material contained on the Site except as provided for in these Terms or with the prior written consent of Poliigon.

The project files, textures, HDR files and 3D models provided in connection with Poliigon Training Videos and Training PDFs via the Site may be used and incorporated into your own works and used for commercial purposes.  However, these items may not be used for commercial purposes in their raw format as provided to you by Poliigon via the Site and may not be adapted or changed when being incorporated into your own works.

All Training Videos, Training PDFs and items other than those listed in the paragraph above provided by Poliigon via the Site are the property of Poliigon or its suppliers and are protected by copyright and other laws that protect intellectual property and proprietary rights (" Protected Content").  Protected Content is for your learning purposes only and must not be reused or redistributed in any way.  You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in Protected Content and will not make any changes thereto.

Subject to your limited express rights granted to you pursuant to these Terms, you must not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in anyway exploit any of the content, in whole or in part, found on the Site.  The Protected Content is not for resale. 

Your use of the Site does not entitle you to make any unauthorised use of any Protected Content or other content, and in particular you must not delete or alter any proprietary rights or attribution notices in any Protected Content. You must use Protected Content solely for your personal use, and will make no other use of the Protected Content without the express written permission of Poliigon.  You agree that you do not acquire any ownership rights in any Protected Content.

We do not grant you any licences, express or implied, to the intellectual property of Poliigon or our licensors except as expressly authorised by these Terms.


Indemnification

You agree to indemnify, defend and hold harmless Poliigon, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including attorneys' fees on a solicitor and own client basis) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  Poliigon reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Poliigon in asserting any available defences.


Liability disclaimer

YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  POLIIGON AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

POLIIGON AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.  POLIIGON AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL POLIIGON AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF POLIIGON OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY/ FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

YOU ACKNOWLEDGE THAT POLIIGON IS NOT AND CANNOT BE RESPONSIBLE FOR THE BEHAVIOUR OF MEMBERS OR SUBMISSIONS.  IN PARTICULAR, YOU ACKNOWLEDGE THAT POLIIGON DOES NOT SCREEN OR MONITOR MEMBERS OR SUBMISSIONS AND HAS NO WAY OF ENSURING THAT THE INFORMATION CONTRIBUTED BY MEMBERS OR WITHIN SUBMISSIONS IS ACCURATE.


Liability disclaimer

Poliigon reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice if you breach these Terms.  To the maximum extent permitted bylaw, these Terms are governed by the laws of the State of Queensland and you hereby consent to the exclusive jurisdiction and venue of courts in Queensland in all disputes arising out of or relating to the use of the Site.  Use of the Site is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Poliigon as a result of these Terms or use of the Site.  Poliigon's performance of the Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Poliigon's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Poliigon with respect to such use.  If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement will continue in effect.

Any failure by Poliigon to enforce any of these Terms or any forbearance, delayer indulgence granted by Poliigon to you will not be construed as a waiver of Poliigon's rights under these Terms.

Poliigon may assign or subcontract its rights and obligations under these Terms to a third party.  You may not assign your rights or obligations under these Terms except with the prior written consent of Poliigon.

Unless otherwise specified in these Terms, these Terms constitute the entire agreement between the user and Poliigon with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Poliigon with respect to the Site.  A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.


Changes to Terms

Poliigon reserves the right, in its sole discretion, to change these Terms.  The most current version of these Terms will supersede all previous versions and your continued use of the Site will constitute acceptance of any such amended Terms.  Poliigon encourages you to periodically review these Terms to stay informed of our updates.


Contact Us

Poliigon welcomes your questions or comments regarding the Terms:

Poliigon
18 Oakover Avenue
Ormeau Hills 4208
QLD AUSTRALIA

Email Address: support@blenderguru.com

Effective as of 18th December 2015.

Still need help? Contact Us Contact Us