End User Agreement

This End User Agreement applies to all downloadable products and professional services (e.g., mentorships, personal training, portfolio reviews) sold via the S3ART Store or by Sergi Camprubí Subirana as an independent.

The EUA is an agreement between the buyer and the seller providing the goods or services.

PLEASE READ THIS DOCUMENT CAREFULLY. IT SIGNIFICANTLY ALTERS YOUR LEGAL RIGHTS AND REMEDIES.

BY CLICKING “I AGREE” OR DOWNLOADING OR USING THE DIGITAL PRODUCT OR RECEIVING THE PROFESSIONAL SERVICES TO WHICH THIS AGREEMENT RELATES, YOU ACCEPT ALL OF THIS AGREEMENT’S TERMS, INCLUDING THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON DAMAGES, USE, AND TRANSFERABILITY. IF YOU DO NOT ACCEPT THIS AGREEMENT’S TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE DIGITAL PRODUCT OR RECEIVE OR USE THE PROFESSIONAL SERVICES.

This end-user agreement (“Agreement”) is a legally binding agreement between you, the licensee and customer (“you” or “your”), and the provider (“we” or “us” or “our”) of the digital products (“Products”) or instructional, training, mentorship, or other professional service packages (“Professional Services”) that you purchase through the S3ART Store, regarding your rights and obligations regarding those Products and Professional Services.

1. Your Status

In this Agreement, “you” means the person or entity acquiring rights in the Products or purchasing Professional Services. That may be a natural person, or a corporate or business entity or organization.

(a) If you are a natural person, then you must be, and you confirm that you are, at least 13 years old. If you are between 13 years and the age of majority in your jurisdiction of residence, you confirm that your parent or legal guardian has reviewed and agrees to this Agreement and is happy for you to access and use the Product or receive the Professional Services.

(b) If you are a corporate entity, then: (i) the rights granted under this Agreement are granted to that entity; (ii) you represent and warrant that the individual completing and accepting this Agreement is an authorized representative and has the authority to legally bind you to the Agreement; and (iii) to the extent that one or more of your employees are granted any rights in the Product or to receive Professional Services under this Agreement, you will ensure that your employees comply with this Agreement and you will be responsible and liable for any breach of this Agreement by any employee.

2. S3ART Store

You acknowledge and agree that S3ART Store is a beneficiary of this Agreement and therefore will be entitled to directly enforce and rely upon any provision in this Agreement that confers a benefit on, or rights in favor of, S3ART Store.

3. Product Licence

Subject to this Agreement’s terms and conditions, we hereby grant you a limited, non-exclusive, worldwide, non-transferable right and licence to (which will be perpetual unless the licence terminates as set out in this Agreement): (a) download the Product; and (b) copy and use the Product. We reserve all rights not expressly granted to you under this Agreement.

4. Licence Scope and Restrictions

4.1 Personal Use License

You are purchasing ONE licence to create ONE copy of the Product for use by you only. If this Product is bundled with a stock digital asset, then you receive a limited personal use licence regarding that stock digital asset, and you may use that stock digital asset for your personal use only. You will not use that stock digital asset in any commercial manner unless you purchase a separate commercial licence.

4.2 Extended Commercial License

The Extended Commercial License allows your entire team within the organization to install and use the Product on multiple computers. If you are a corporate entity, you may store the Product on a single server or shared hard drive, and allow access to the Product by all authorized users within your team. Provided that you comply with the restrictions on users set out above, you may use the Product on an unlimited number of projects.

4.3 General Restrictions

Subject to the restrictions set out in this Agreement, you may copy, use, modify, adapt, translate, distribute, publicly display, transmit, broadcast, and create derivative works from the Product in works you create (“Works”), which may include things like films, videos, multi-media projects, computer games, models, images, publications, broadcasts, documents, and presentations. If you are a corporate entity, you may make the Product available for use by your employees in accordance with this Agreement (for example, by storing the Product on a network server).

You may only share the Product with external people or entities where:

• You are collaborating with the external parties in the creation of your Work and you need to share the Product for that purpose, provided that any external party that receives the Product may only use it in your Work and must secure and limit access to the Product for that purpose;
• You are working as a contractor for a client in the creation of a Work and need to share the Product with your client, or any external parties working with your client, provided that your client and any such external parties may use the Product only for your client’s Work, and all parties secure and limit access to the Product for that purpose.

For any other use of the Product by any other party, that party must purchase a licence to the Product.

4.4 Prohibited Actions

In addition to any other restrictions in this Agreement, you will not:

• Publish, sell, license, offer or make available for sale or licensing, or otherwise distribute the Product except as part of a Work or through a form of sharing that is authorized in this Agreement;
• Publish, distribute or make available the Product through any online clearinghouse platform;
• Make any copy of the Product except for archival or backup purposes;
• Circumvent or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of the Product;
• Hack, reverse engineer, decompile, disassemble, modify or create derivative works of the Product or any part of the Product;
• Publish, sell, distribute or otherwise make the Product available to others to use, download or copy;
• Transfer or sub-license the Product or any rights under this Agreement to any third party, whether voluntarily or by operation of law;
• Use the Product for any purpose that may be defamatory, threatening, abusive, harmful or invasive of anyone’s privacy, or that may otherwise violate any law or give rise to civil or other liability;
• Misrepresent yourself as the creator or owner of the Product;
• Remove or modify any proprietary notice, symbol or label in or on the Product;
• Directly or indirectly assist, facilitate or encourage any third party to carry on any activity prohibited by this Agreement.

4.5 Attribution

In any work created that utilizes the Products licensed under this Agreement, you must include a visible attribution to "Sergi Camprubí – S3ART Store". This attribution must be clear and legible in any publication, distribution, presentation, or transmission of the work.

5. Proprietary Rights

The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You are licensing the Product and the right to access, install and use the Product in accordance with this Agreement, not buying the Product. As between you and us, we own all right, title and interest in and to the Product, and you are not acquiring any ownership of or rights in the Product except the limited rights granted under this Agreement.

6. No S3ART Store Support

You acknowledge and agree that S3ART Store has no obligation to support the Product.

7. Interruptions and Errors

Your use of the Product might be interrupted and might not be free of errors.

8. Updates

We have no obligation to update the Product.

9. Professional Services

The following sections 10 and 11 apply to any Professional Services you purchase from us through the S3ART Store:

9.1 Provision of Professional Services

We will provide the Professional Services directly to you and, subject to this Agreement, will assume all responsibility for all Professional Services.

9.2 Non-S3ART Store Services

You acknowledge and agree that S3ART Store has no obligation to support or provide the Professional Services.

10. Limitation of Liability

In no event will we or S3ART Store be liable to you for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to this Agreement. Our total liability for any direct damages will be limited to the total amount you paid for the Product or Professional Services giving rise to the liability.

11. Termination

This Agreement will automatically terminate if you breach any of its terms. Upon termination, you must immediately cease all use of the Product and delete all copies of the Product in your possession or control.

12. Governing Law

This Agreement will be governed by and construed in accordance with the laws of the jurisdiction in which we are located, without regard to its conflict of laws principles.

13. Miscellaneous

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. This Agreement constitutes the entire agreement between you and us regarding its subject matter and supersedes all prior agreements and understandings between you and us regarding its subject matter.

By clicking "I Agree" or by downloading, installing, using the Product, or receiving the Professional Services, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms.

Last updated: May 29th, 2024.