License Agreement for all Materials, Textures, 3D Models, Character & Set Design and other Digital Assets.
This is a Licensing Agreement between You, the End User (hereafter “Licensee”) and Blender 90 representing the Copyright Owner Angus Giorgi. (hereafter “Copyright Owner”)
Blender90 is an educational and 3D Design resource portal created by Angus Giorgi for the benefit of the Blender and Wider 3D Community.
Blender90 offers both Free and Paid sets of digital Photos, 3D Models, Data-Sets, Plugins, Scripts, Tutorials, Blueprints, Design Notes, Instructions and other Digital, Creative or Educational Assets (hereafter: ‘’Materials’’) on its website http://www.blender90.com
Whether these Materials are provided as a FREE DOWNLOAD or a PAID DOWNOAD on either the Blender 90 website or it’s affiliate sites all Personal, Educational or Commercial uses are permitted other than the restrictions and prohibited uses listed below in Term 1.1 of this document.
Blender 90 offers a simple single Royalty Free license for all its Materials regardless of whether these are Paid or Free Downloads. All Materials, Downloads and Digital Assets on the Blender90 website are provided by Angus Giorgi who is the sole copyright owner of these materials and who grants Blender90 the right to issue Non-Exclusive End User Licenses.
All Blender90 Licenses therefore are issued as a Non-Exclusive License to You, the end user, for you to be able utilise the materials provided in your own work for any purpose Commercial, Educational, or Personal providing your usage does not fall into one of the prohibited uses listed below in Term 1.1 of this document.
By using or downloading of any Materials from the Blender 90 Website or Associated Portals You (The Licensee) you agree to full acceptance of the terms of this License Agreement issued by Blender 90 (Copyright Owner) including these Terms and Conditions.
Term 1 – Usage of “Materials” (Photos, 3D Models, DataSets, Plugins, Scripts, Tutorials, Blueprints, Design Notes, Instructions and other digital assets)
1.0 Blender 90 Materials and Assets CAN be used for the following purposes:
a) Personal, Commercial and Educational usage.
b) Use in 2D or 3D Art, Illustration, Computer Graphics, Movies, Websites and / or Printed media.
c) Incorporation in computer Games, Live-action Movies, CGI, 3D models.
d) As photographic reference for any Digital or Artistic Creation.
e) Sharing of the folder of images internally to collaborators or team members on a project you are working with on a specific job for the purpose of utilising the folder as a group texture library for that project. (Please note this is different to merely sharing or redistributing the provided materials for profit which is a prohibited use see 1.2)
e) Any other use not described providing such use in no way impedes or violates the copyright ownership of the Materials provided with the exception of the following prohibited uses in clause 1.1.
1.1 Prohibited Uses. You are NOT permitted to:
A) Share or distribute the Photos to unlicensed third parties as a whole or individually solely for the Purpose of Sale as a collection / bundle of Textures, Assets, Materials. Therefore you are not allowed to Sell or distribute any of the Photos in unmodified form, as stock photos, textures or references or as part of any other database, or any derivative product containing the Photos in such way that would allow a third party to use, download or access original Photos as stand-alone files.
B) It is prohibited to rip the Materials provided in order sell them on in a manner that is unfair and in competition with the Blender 90 website.
c) It is prohibited to sell or distribute these photos in an insufficiently modified form (this includes colour correcting, cropping, or using an automated process to apply simple modifications such as scaling) by themselves or in a pack and to be used for purposes that may compete with the service of this website. This includes but is not limited to: Scrapbooks, Texture Packs, Materials, Wallpapers, Skins, ClipArt, Website Templates and Themes
C) You may only distribute the Photos as incorporated into an item of merchandise if the Photos have been modified or used in such way or to the extent that the modification is not substantially similar to the original or the item as a whole and can qualify as an original work of authorship, or where the primary value of the item does not lie with the Photos itself, with the exception of restrictions set forth in Clause 1.1 D below.
D) It is prohibited to use our Materials / Assets in any Printed Media or any non-digital derivative product where our Materials and Assets comprise the majority / primary value of the product’s intended sale or distribution in their original or close to original form. So you may use our Materials / Assets as elements in compositions for Printed Media items such as Post cards, Calendars, Posters, Photo Books, Scrapbooks Printed Artworks, T-Shirt Designs, Mouse pads, Printed Cloth Products etc only if you have used them creatively in some form of acceptable modified and transformative design and if the Materials supplied have been modified or used to the extent that the modification is not substantially similar to the original or the item as a whole and can therefore qualify as an original work of authorship, or the primary value of the item does not lie with the Materials supplied itself.
E) You are being granted a non-exclusive license. You may not grant sub rights of your work to Forums, or Companies or Portals where these Forums, Companies or Portals include Terms necessitating that the submission of your work implies that all copyrights transfer to that entity. As the Copyright Owners of the Materials being supplied to You we are granting You (the Licensee) a license to use the Materials in your own work, even Commercially, providing that you do not enter into any 3rd party contracts that stipulate you transfer rights that you do not Own and therefore have no right to assign. Therefore You may sell your works created with the use of our supplied materials to an unlimited number of Clients or in many other Outputs freely and without restriction, however you are expressly prohibited from selling your created works using our Products or Materials in any context where it is implied that you are granting a form of Copyright transference for any of our original Copyright material to any 3rd party. Copyright of our original content and supplied material remains with us (the Copyright Owners), and only the Copyright Owner has the right to transfer Copyright to a 3rd Party. So, by way of example, should a third party Company such as Linden Labs submit Terms in their Contract of Service with You for supply of a Creative Product that you have created that states that they own Copyright of all materials supplied by You then these Terms are illegal because they violate our rights as the Copyright owners of our Material being supplied to you and therefore you have no right to enter into that agreement because it implies a transference of a Right that you do not own. Please be aware that the majority of companies you submit work to will not request unfair Terms such as these, and Linden Labs is notorious for this, however the general principle applies that while we, the Copyright Owners, of this material are granting you a License to be able to modify and make creative works from our material including being able to sell your work on, you are still responsible for checking that our rights are not being violated in any Forums, or in any third part agreements you enter into. So you have the right to sell the work you create using our elements, but you don’t have the right to sell or transfer our Copyright of the elements supplied.
1.2 Our license therefore allows you to use the Materials and Assets we provide freely, even Commercially with the exception of restrictions specified in Article 1.1D or 1.1E, for any type of visual or illustrative purpose in any type of digital media.
As examples “good” and “fair” uses of our Materials & Assets would be to use them as elements in Films, Videos, Educational Works, Websites, TV Shows, Digital Set Designs, Tutorials, Fine Art Works, Character Designs, Game Assets, 2D or 3D Art, Matte Paintings, Illustration, Computer Graphics, Concept Art, Animation, News banners, Blogs, Emails, Slide shows, Advertising, Architectural Visualisation, E-book covers etc. where the output being created is substantially transformative and unique in nature that you are not merely just hacking our Material sets and trying to sell / pass them off as your own.
1.3 Blender 90 and/or Angus Giorgi may recoup from you all damages either party has suffered as a result of your violation of our License Agreement or Terms and Conditions.
Term 2 – Availability and Purchasing
2.0 Blender 90 makes no guarantees about uninterrupted availability of the website or payment/downloading functions.
Blender 90 relies on third party services such as Squarespace, Paypal and Gumroad which may become temporarily unavailable from time to time.
2.1 Purchases on Blender90 are made through third party services: Gumroad, Paypal, Amazon, Stripe and All secure payments and downloads are handled by these parties. Accordingly Blender 90 takes no responsibility in any issues that may arise from using these third party options .
Term 3 – Privacy
3.0 Blender 90 respects your privacy and personal data and we guarantee never to share your data with any unconnected third parties or to sell your data. Payment data for purchases may be collected by Gumroad, Paypal, Amazon, Stripe or whichever other payment processing service we may use from time to time when paying for our Material. While we endeavour only to use the most reputable and highest quality payment processing services please make sure you are happy with the privacy policies of any third party payment processing entity you are purchasing our Materials through prior to your purchase as their privacy policies are outside of our control.
3.1 Blender 90 does collects customer email addresses for our newsletter feature. By downloading our Materials you agree to receive our newsletter about new product releases and this is purely for our own internal Newlsetter service to update you with new Tutorials, Resources and Products and will never be shared to any third party. You may use the unsubscribe feature on our emails to cancel your newsletter subscription at any time.
Term 4 – Intellectual Property Rights
4.0 All materials including the website and presentation of these are the property of Blender 90 and the Copyright of Angus Giorgi.
4.1 Copyright to allMaterials / Assests downloaded or purchased by you You, the end user, remain with Blender 90 and Angus Giorgi. You are only given a right of use that is non-exclusive and non-transferable under the competencies explicitly defined in these Terms and Conditions.
4.2 Materials and Assets are provided ‘Royalty Free’. This means they may be used in personal, commercial and educational projects without credit or further payable royalties to Blender 90. Such projects may become intellectual properties on their own, even with the incorporation of our Materials and Assets, as long as the usage of these Materials and Assets does not interfere with any of the Terms set forth in this agreement.
4.3 Photos supplied by Blender 90 are the Copyright ownership of Blender 90 and Angus Giorgi however may have been taken in a public space or private space. The license being granted to you grants the right given by the Photographer to use the photograph but does not automatically grant You, the End User, all the necessary publication, design, trademark or further rights to use the Photos or Material contained. It is therefore your sole responsibility to clarify usage and make sure you have cleared all the rights needed. There may be additional rights restrictions beyond simply the Photographer (Copyright owner)’s permission to use the image in your work. For example some images may contain Logos, Names or Trademarks or even copyrighted Buildings, and other images may contain un-cleared background people. While you should not have any issues of this kind with the majority of our images and while we will provide featured model releases for any actors/models we photograph or film – it remains your (The End User, Licencee’s) responsibility to clear all the rights required for your specific Usage whether commercial or otherwise. By downloading or using of any of our materials you fully agree that the legal responsibility for clearing all such uses is your own risk and responsibility. By way of example if we supply you with a set of Photographic Textures of a Car Wrecker’s Yard to use for general 3D Modelling & Reference purposes and then you build a 3D Car model and put a Ford logo that you find in that image onto your Car Model, then it is your sole and entire responsibility to clear that Usage specifically with the Copyright owner of that Trademark. By downloading or using any of our Materials you expressly agree to make sure your Usage complies with all relevant Copyright, Trademark and other Rights laws and doesn’t infringe any 3rd Party Trademarks or Copyrights.
4.4 Photos may therefore contain or display recognisable people, trademarked buildings or other intellectual properties, and it is your responsibility to make sure your Uses of any material are cleared. Please be aware that rules and legislation may vary by Country or State it is the sole responsibility of the licensee to identify and clear these prior to any form of publication.
Term 5 – Liability and Indemnification
5.1 In no event shall Blender 90 or Angus Giorgi be liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption, loss of business information, loss of data, or any other monetary loss in connection with any claim, damage or other proceeding arising under this agreement, including – without limitation – your use of, reliance upon, access to the Blender90 website, the Materials supplied or any part thereof, or any rights granted to you hereunder, even if you have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.
5.2 You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable lawyers or solicitors fees, arising out of or related to your use of our Photos or your violation of these Terms. We have the right to control the defence of any claim, action or matter subject to indemnification by you with counsel of our own choosing. You will fully cooperate with us in the defence of any such claim, action or matter.
Term 6 – Right of Variation
6.1 Blender 90 may change these Terms and Conditions and its products, prices and services at any time with or without prior notice.
In case any part of these Terms and Conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
Term 7 – Release by the Licencee
7.1 Save only for the obligations set out in this Document, By Downloading / Utilising the Materials provided by the Copyright Owner the Licensee agrees to forever release the Copyright Owners from all claims they now have, or may in the future have against the Copyright Owners arising out of the Relationship which have been disclosed or aught reasonably be known to the Licensee at the time of Downloading / Utilising the Materials provided by the Copyright Owner.
Term 8 – No Waiver
8.0 This Deed shall not be taken to alienate or waive any right of a party, save as specifically set out herein.
Term 9 – Governing Law and Jurisdiction
This Deed is governed by the laws of the State of NSW, Australia. It is a term of condition of Download / Acceptance of the Copyright Owner’s material that the End User / Licensee consents to the non-exclusive jurisdiction of the Courts of that State and all lawful courts of appeal there from.