Reallusion, Inc. Content Developer Agreement
Updated July 27, 2022
This Reallusion Content Developer Agreement (“Agreement”) is made between you (either an individual or an entity, referred to herein as “You” or “Developer”) and Reallusion Inc. (“Reallusion”) regarding your use of Reallusion’s Stores to distribute your creative contents.
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. BY REGISTERING AS A CONTENT DEVELOPER, YOU ARE AGREEING THAT YOU HAVE READ, AND THAT YOU AGREE TO COMPLY WITH AND TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL APPLICABLE LAWS AND REGULATIONS IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU MAY NOT USE THE REALLUSION’S STORES TO DISTRIBUTE YOUR CREATIVE CONTENTS.
IF YOU ARE AN INDIVIDUAL REPRESENTING AN ENTITY, YOU ACKNOWLEDGE THAT YOU HAVE THE APPROPRIATE AUTHORITY TO ACCEPT THIS AGREEMENT ON BEHALF OF SUCH ENTITY.
- Content - refers to digital assets published at Reallusion’s Stores, including but not limited to 3D models, textures, materials, motions, audio, AML script, BVH, FBX, OBJ, images, image sprites, and any files in Reallusion proprietary formats.
- Member - refers to any person who creates a member account at Reallusion and/or any person or business entity who purchases Content at Reallusion’s Stores.
- Developer - refers to Reallusion’s Member who registered as a Content Developer ( https://developer.reallusion.com/join.html ) and plans to publish and distribute its creative contents at Reallusion’s Stores.
- Royalty Free - refers to a one-time payment and there is no future payments, royalties, fees, costs or expenses that is required or imposed upon you for the use of the Content.
- Restricted Content - refers to mature and adult theme content.
- Reallusion’s Stores - refers to the Reallusion’s Content Store, Marketplace and ActorCore.
- Content Store ( https://www.reallusion.com/contentstore/ )
- Marketplace ( https://marketplace.reallusion.com/ )
- ActorCore ( https://actorcore.reallusion.com/ )
- Developer’s Content – refers to the Content that created by Developer and submitted and published at the Reallusion’s Stores.
▌LICENSE FROM REALLUSION
Subject to the terms in this Agreement, Reallusion hereby grants the Developer a non-exclusive, Royalty-Free, non-transferable, non-sublicensable, revocable license to:
- Use and modify the Contents to create the Developer’s Contents according to the Reallusion Content End User License Agreement. (https://www.reallusion.com/Content/EULA/EULA.htm)
- Upload, publish and sell the Developer’s Contents at the Reallusion’s Stores.
▌LICENSE FROM DEVELOPER
The Developer hereby grants Reallusion an exclusive license to sell and sub-license the Developer’s Contents to Members. The license includes but not limited to the followings:
- Reproduce, set prices, sell, and sub-license the Developer’s Contents in whole or in part, according to the Reallusion Content License Agreement;
- Create and use samples of the Developer’s Contents, including any trademarks, service marks or trade names incorporated in the Developer’s Contents, solely for the purpose of demonstrating or promoting the Developer’s Contents, the Reallusion’s Stores or any other services of Reallusion.
For the avoidance of doubt, the Developer may authorize anyone to use the Developer’s Contents subject to the Reallusion Content End User License Agreement. The Developer shall not sell the Developer’s Contents through any channels other than the Reallusion’s Stores.
- Ownership. The Developer retains ownership of the copyrights and all other rights to the Developer’s Contents, subject to the exclusive rights granted to Reallusion under this Agreement. If the Developer’s Content contains any other’s Content, the Developer may only grant others to use them according to the Reallusion Content End User License Agreement.
- Termination. Reallusion reserves the right to terminate this Agreement at any time and without notice. The Developer may terminate specific license of the Developer’s Contents by closing the sell option of such content from the Reallusion’s Stores. Any termination of this Agreement or specific Developer’s Contents’ licenses will not affect the license or any rights or obligations that may have accrued to either party or any Members before the date of termination. The Developer agrees that any Developer’s Contents published in the Reallusion’s Stores must remain publicly available indefinitely in the Reallusion’s Stores in order to maintain their availability to Members who have already purchased and may be needed to re-download in the future, even if the license or this Agreement is terminated by Reallusion or the Developer.
- Price Consistency. The price of the Developer’s Content shall be consistent in all the Reallusion’s Stores.
- Promotional Pricing. Reallusion reserves the exclusive right to adjust pricing of any and all Developer’s Contents within 50% of its original price in accordance with special promotional considerations. If the price of the specific Developer’s Content has been discounted in the Content Store, the price of such Developer’s Content in the Marketplace during the period of that promotion.
- Trial Policy. The Developer acknowledges and agrees that Reallusion may provide trial policy for Member to use the Developer’s Contents. The Developer shall specify at least one trial item per selling pack for meeting the trial policy requirement.
- Format. The Developer acknowledges and agrees that all Contents published on the Reallusion’s Stores can be exported into .fbx, .bvh, .abc, .3ds, .obj,.skp, .usd; with the exception of those content formats which can not be exported include but not limited to the following file formats: .iLight, .iEffect,.iTree, .iGrass, .iTerrain (iClone5 Heightmap terrain) , .iWater, .iSky, .aml,.iTalk, .iPath, .Popvideo.
- Representations and Warranties. Developer represents and warrants that:
- The Developer’s Contents and all parts thereof are owned and/or controlled by the Developer and original works;
- If the Developer’s Content contains any identifiable face or human figure, tattoo, voice, appearance, or likeness, Developer agrees to release Rellusion, its licensees and successors from any claims that may arise regarding the use of such identifiable material.
- The Developer has full right and power to enter into and perform this Agreement, and has secured all third party consents necessary to enter into this Agreement;
- The Developer’s Content does not and will not violate any law, statute, ordinance or regulation;
- The Developer’s Content is not and will not be defamatory, libelous, pornographic, obscene or evocative of racial hatred of any kind;
- If the Developer intends to publish content that is considered mature or adult-themed, the Developer agrees to follow the Reallusion's Guidelines for Publishing Restricted Content, and such Developer’s Content will be classified as RESTRICTED CONTENT.
- The Developer’s Content does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data;
- All factual assertions that the Developer has made and will make to Reallusion are true and complete. The Developer agrees to indemnify and hold Reallusion and Members harmless from any and all damages and costs, including reasonable attorney's fees, arising out of or related to your breach of the representations and warranties described in this Agreement.
- Customer Service. Developer agrees to provide an active email address in the Message Center when submitting a store application; Developer is responsible for replying and resolving user questions from the Q&A and Review section via the Message Center. If Developer fails to do so and Reallusion receives a report or complaint from users regarding Developer’s not fulfilling their above obligations, then Reallusion will inform Developer to respond and resolve the issue within 5 days. If Developer fails to respond or resolve within the period, then Reallusion has the right to step in and deal with the situation at their own manner, including removing/freezing any argumentary Developer’s Content, and refunding Member on behalf of Developer.The refund amounts will be deducted from Developer's earning account.
- All Developer’s Contents sold on the Reallusion’s Stores must follow the specifications set out in the Reallusion Content Specifications Guides
Character Creator: https://www.reallusion.com/ContentStore/CC/CC-logo.html
Cartoon Animator: https://www.reallusion.com/ContentStore/CTA/CTA-logo.html
Reallusion retains the right to remove any Developer’s Content that it determines to be in violation of the terms of this Agreement if there is no response from the Developer within a period of 48 hours.
- The Reallusion’s Stores implement technology which will accurately categorize Contents displayed in the Reallusion’s Stores. If Reallusion fails to properly categorize any Developer’s Content and consequently exceeds the license form Developer, Reallusion will take all reasonable steps to promptly correct the error as soon as Reallusion is made aware of the error and this is the Developer’s sole remedy from such error.
- Reallusion reserves the right to remove any Developer’s Content from the Reallusion’s Stores and shall have the right to modify the information provided with any Content for accuracy and quality.
- Reallusion reserves the right to change the terms of this Agreement with or without notice at any time.
- Account Non-Transferability. Developer’s account may not be transferred or accessed by any other party without the explicit written permission of Reallusion.
- Developer can self-publish their Developer’s Content in the Marketplace for a commission rate of 70% of net sales with the remaining 30% going to Reallusion. Submissions to the Marketplace must adhere to the ethical guidelines outlined in the General Terms of this agreement.
- Developer may be invited by Reallusion to publish their Developer’s Content in the Content Store for special promotional consideration. The sales commission rate for all Developer content sold in the Content Store is 50% of the net sales, with Reallusion receiving the other 50%.
- Reallusion will provide Developer real-time reporting that Developer can check at their prerogative, commissions are paid at least quarterly if the commission accrued is more than $100 USD. Payment may be made via PAYPAL.
- Due to the increased cost of wire transfers, Reallusion will only transfer money via this method if the accrued balance on Developer's account exceeds $1,000 USD. If Developer insists that a balance below $1,000 USD be paid via wire transfer, the full cost of the transaction will be deducted from Developer's account.
- Reallusion will, at its prerogative, provide participation in a special marketing program providing extended exposure of the Developer’s Content beyond the Reallusion’s Stores. These events have an alternate commission rate which will be set for each event's promotional opportunity to spotlight the Developer’s Content inside invitational marketing programs where Reallusion incurs additional cost of content repurposing, commercialization, product display, packaging and market promotion. Participation in special marketing programs does not affect your commission inside the Reallusion’s Stores and is an incentive to gain an extended audience for the Developer’s Content.
- Developer acknowledges and agrees that Developer will be solely responsible for collecting and remitting to any taxing authority any sales, value-added or similar taxes for the sale of its Developer’s Content.
- Reallusion takes the issue of content plagiarism very seriously. As a facilitator for content development and a provider of a Marketplace from which to share and sell the Developer’s Content, Reallusion tries its best to ensure that all the Content sold on the Reallusion’s Stores adheres to a strict policy of honesty, integrity, authenticity and respect for the original creator(s).
- Reallusion’s primary goal is to encourage and cultivate the creative energies in the Developer’s community that are a quintessential part of good content creation. To do this, we strive to ensure the creative originality of all content sold, so as to reward those who take copyright seriously and work hard to enrich our Marketplace with high quality productions.
- However, scanning and analyzing all the Contents sold on the Reallusion’s Stores for piracy is a task that requires the involvement of not only Reallusion staff, but the Developer community at large. Reallusion strongly encourages any Developer who has come across instances of content lagiarism or piracy to contact Reallusion immediately with their concerns.
- Reallusion would also like to stress that the forums are provided as a place for the creative exchange of ideas and Content as well as a place to form friendships, help others, and discuss issues relating to computer animation software and production. Reallusion strongly encourages users to refrain from public accusations against members and attacks which may be personally or professionally based.
- If you believe you have come across an instance of content plagiarism, please report to Reallusion Support Service. Reallusion understand that in the world of computer animation content development, there are infinite possibilities for creativity, but also many opportunities for inadvertent use of Content that may come from copyrighted sources. Keeping this in mind, confirmed cases of content plagiarism will be met with the following measures by Reallusion:
- Immediate removal of all infringing content from the Reallusion’s Stores.
- A warning letter from Reallusion.
- Your account will be put on a ‘watch list' that will be monitored by Reallusion staff.
- 6 month revocation of special CCD Developer privileges such as beta testing new products and features from Reallusion.
- Immediate removal of all the Developer’s Content from the Reallusion’s Stores, regardless of infringement.
- A 1 year ban on involvement in any Reallusion marketplace.
- Permanent removal of CCD developer privileges and special offers from Reallusion.
- Legal notification to the original authors of the content in question.
If any Developer’s Content purchased by Member from the Reallusion’s Stores has been confirmed as being plagiarized content, Member shall have the right to request reimbursement from the Developer. Developer will be responsible for returning the full purchase price of any plagiarized content to the Member. Any Developer who fails to refund the purchase price, the Developer’s privileges will be permanently revoked until all outstanding complaints are resolved.
If the offending Developer refuses to pay and gives up involvement in the Marketplace altogether, then Reallusion will step in to reimburse Member’s purchase price. Developer will be locked out of selling in the Marketplace as long as any outstanding reimbursements remain. Please keep in mind that confirmation of plagiarized content is not an immediate process. Reallusion will review all cases of plagiarism accusations and respond appropriately within 7 business days. Reallusion would once again like to thank the responsible Developer who takes the issue of content plagiarism seriously and brings it to the attention of Reallusion staff. As content development is in many ways a self-policing industry, Developer's involvement is integral in Reallusion's ability to find and punish users who violate the original creations.
The Content provided by Reallusion is scanned and tested for viruses. Although every effort has been made to keep models virus free, Reallusion does not accept any responsibility for any disruption, damage and/or loss (including but not limited to loss of profits) that may occur while using Content downloaded from Reallusion.
The laws of the state of California govern this agreement, except that federal and international law governs copyrights, patents, and registered trademarks. Should any court having appropriate jurisdiction find any provision of this agreement invalid, that particular provision will be deemed null and void and will not affect the validity of any other provision of this agreement.
If you have questions concerning this agreement or need to contact Customer Service, please contact Company at this e-mail address below:
The Program and the Documentation are @2000-2022
Please always refer to the online version to make sure of the latest update of the agreement.