This website is owned and operated by Zouhair Serrar, sole proprietor (“ZGA” or “we” or “us”). Our site features an online marketplace hosted on itch.io (zeusgameassets.itch.io) which allows users to purchase a license in respect of Assets (“Marketplace”).
Please note that by using the Marketplace, you agree to be bound by these Marketplace Terms and the other documents expressly referred to in it.
“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, unity packages, 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.
“Licence(s)” has the definition set out in clause 2.1.
“Licensed Asset” means an Asset in respect of which a Licence has been sold or given-away for free by us and purchased or downloaded for free by a Purchaser via the Marketplace.
“Media Product” means any digital and/or media product, creation or platform of a Purchaser 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.
“Purchaser” means a person or organization who purchases a Licence of an Asset from us via the Marketplace.
2.1 A “License” means that we grant the Purchaser a non-exclusive perpetual license to:
(a) use the Licensed Asset to create Derivative Works; and
(b) use the Licensed Asset and any Derivative Works as part of an unlimited number of Non-Monetized Media Product or an unlimited number of Monetized Media Product which, in either case, is:
i) used for the Purchaser’s own personal use; and/or
ii) used for the Purchaser’s commercial use in which case it may be distributed, sold and supplied by the Purchaser for any fee that the Purchaser may determine.
2.2. A Licence does not allow the Purchaser 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 Non-Monetized Media Product or Monetized Media Product; or
(c) Allow the user of the Non-Monetized Media Product or Monetized Media Product to extract the Licensed Asset or Derivative Works and use them outside of the relevant Non-Monetized Media Product or Monetized Media Product.
3. OWNERSHIP OF ASSETS, DERIVATIVE WORKS AND MEDIA PRODUCT
3.1. Any and all intellectual property rights in the Asset shall be owned by us.
3.2. Any and all intellectual property rights in Derivative Works shall be owned by us. To the extent that any such intellectual property rights automatically vest in the Purchaser, then in consideration of the Licence granted to the Purchaser to create Derivative Works (which the Purchaser hereby acknowledges is adequate and sufficient consideration) the Purchaser hereby assigns by way of present and future assignment, any and all such rights to us. The Purchaser shall execute and deliver such documents and perform such acts as may be required for the purpose of giving evidence of and/or full effect to such assignment.
3.3. Subject to clauses 3.1 and 3.2, any and all intellectual property rights in the Media Product shall be owned by the Purchaser.
4. TERM AND TERMINATION
The license contained in these Marketplace Terms terminates automatically without notice from us if Purchaser fails to comply with any provision of these Marketplace Terms. Upon termination, Purchaser must with immediate effect stop using the Asset(s), destroy, delete and remove the Asset(s) from Purchaser’s premises, computer systems and storage.
Purchaser must also make all reasonable efforts to ensure that copies of the Asset(s) content are removed from any locations it has been distributed to.