Terms and Conditions

1. Introduction

Applicable Terms.

Thanks for using Cyborganic Arts. Cyborganic Arts is a service provided by Cyborganic Arts Limited (“Cyborganic Arts”, “we” or “us”). Your use of Cyborganic Arts and our software, plugins, themes, templates, multimedia assets, or other digital content or services (referred to as “Content”) available through it is subject to these Terms and Conditions and our End User License Agreement (“EULA”) (together referred to as the “Terms”). Cyborganic Arts is a “Service” which provides access to a catalogue of digital assets created by Cyborganic Arts. We may also display third party Content and facilitate a service for designers and developers to monetize their intellectual property. Cyborganic Arts is a limited liability company registered in England & Wales #14367833.

2. Your Use of Cyborganic Arts

Access to and Use of Content. 

You may use Cyborganic Arts to browse, locate or download Content for your server, computer or other supported device (“Device”). To use Cyborganic Arts, you will need a Device that meets certain system and compatibility requirements. Content available on or through Cyborganic Arts may have additional system requirements. The availability of Content and features may vary between countries and not all Content or features may be available in your region. Content on Cyborganic Arts is offered by Cyborganic Arts Limited. Such Content may originate from another source (such as an app developer, designer, or separate entity) (the “Provider” of the Content).

Age Restrictions. 

In order to use Cyborganic Arts, you must have a valid account. If you are considered a minor in your country, you must have your parent or legal guardian’s permission to use Cyborganic Arts and to accept the Terms. You must comply with any additional age restrictions that might apply for the use of specific Content or features on Cyborganic Arts.

Third-Party Fees. 

You are responsible for any access or data fees incurred from third parties (such as your Internet provider or mobile carrier) in connection with your use of Content acquired through Cyborganic Arts or by browsing our online catalogue.

Updates. 

Cyborganic Arts, related support libraries, or Content may need to be updated, for example, for bug fixes, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). Such Updates may be necessary in order for you to use Cyborganic Arts or to access, download, or use Content. By agreeing to these Terms and using Cyborganic Arts, you agree to receive such Updates automatically. You may be able to manage Updates to certain Content. If it is determined, however, that the Update will fix a critical security vulnerability related to the Content, the Update may be completed irrespective of your Update settings.

Information about You. 

Cyborganic Art’s privacy policy explains how we treat your personal data and protect your privacy when using Cyborganic Arts. Cyborganic Arts may need to provide your personal information, such as your name and email address, to Providers for the purposes of processing your transactions or provisioning Content to you. Providers agree to use this information in accordance with their privacy policies.

Unauthorized Access to Accounts. 

You must keep your account details secure and must not share them with anyone else. You must not collect or harvest any personal data of any user of Cyborganic Arts or of any user of other Cyborganic Arts Services via Cyborganic Arts, including account names.

Disabled Accounts. 

If Cyborganic Arts disables access to your account in accordance with the Terms (for example if you materially or repeatedly violate the Terms), you may be prevented from accessing Cyborganic Arts, your account details or any files or other Content that is stored with your account.

Changes to these Terms. 

If the Terms change, you will be given at least 30 days notice, and the new Terms will be effective after such notice period. Your continued use of Cyborganic Arts following such notice period will indicate your acceptance of the new Terms. The new Terms will apply to your use of all Content (including Content you have installed or purchased in the past) and all subsequent installs or purchases. If you do not agree with such changes, you will be given the opportunity to download the Content you previously purchased or installed and terminate your use of Cyborganic Arts. You may continue to use that copy of the Content on your Devices in accordance with the last version of the Terms that you accepted.

3. Purchases and Payments

Pre-orders. 

When you place a pre-order for Content, your contract for the purchase and use of that item is completed when the Content is made available to you, and you will be charged for the purchase at that time. You can cancel your pre-order at any time up to the point at which the Content becomes available to you. We will need to cancel your pre-order if the Content is withdrawn from sale through Cyborganic Arts before it is made available and we reserve the right to cancel your order in the event the price changes before your order is fulfilled.

Bitcoin Payments.

In order to purchase Content through Cyborganic Arts using Bitcoin, you must have a Bitcoin wallet and credit to do so. You are responsible for all amounts payable associated with purchases made through Cyborganic Arts. Some of our pay-as-you-go software may automatically deduct payments from your Bitcoin wallet provided you are actually using Bitcoin as your stores main currency.

Other Payment Processing Methods. 

Cyborganic Arts may make available to you various payment processing methods in addition to Bitcoin to facilitate the purchase of Content through Cyborganic Arts. You must abide by any relevant terms and conditions or other legal agreement, whether with Cyborganic Arts or a third party, that governs your use of a given payment processing method. Cyborganic Arts may add or remove payment processing methods at its sole discretion. You are solely responsible for all amounts payable associated with purchases you make on Cyborganic Arts.

Pricing. 

Pricing and availability of all Content displayed through Cyborganic Arts are subject to change at any time prior to purchase. The renewal price of a subscription may change during a subscription period, which means you could be charged more than the original price of subscription to renew it.

Taxes. “Taxes”

means any duties, customs fees, levies or taxes (other than income tax) associated with the sale of Content, including any related penalties or interest. You are responsible for any Taxes and must pay for Content without any reduction for Taxes. If Cyborganic Arts is obligated to collect or pay Taxes, the Taxes will be charged to you. You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with your use of Cyborganic Arts or the purchase of Content on or through Cyborganic Arts. The reporting and payment of any such applicable Taxes are your responsibility.

All Sales Final. 

All sales are final, and no returns, replacements or refunds are permitted. If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the Content that you acquired through that transaction. While you may cancel a subscription at any time, refunds are issued at our discretion, unless otherwise required by law. Please visit our contact page to enquire about a refund.

Consumer Alternative Dispute Resolution. 

Cyborganic Arts Limited neither commits to nor is obliged to settle disputes before an Alternative Dispute Resolution entity.

Withdrawal Rights for Digital Content. 

If you are purchasing as a consumer, under the law you have an automatic statutory right of withdrawal from contracts for purchases of digital content on Cyborganic Arts. The same applies when you purchase a subscription for digital content. However when you make a purchase of digital content on Cyborganic Arts you agree that the digital content will be available to you immediately, and you acknowledge that as a result you waive your automatic statutory right of withdrawal. In the case of pre-orders, you waive your automatic statutory right of withdrawal after the moment when the Product becomes available to you.

Withdrawal Rights for Services. 

If you are purchasing as a consumer, you have the right by law to withdraw from contracts for purchases of services within 14 days without giving any reason. The withdrawal period will expire 14 days after the conclusion of the contract. To exercise the right of withdrawal, you must inform Cyborganic Arts Limited of your decision to withdraw from this contract by an unequivocal statement. You may contact Cyborganic Arts Limited here.

You will receive an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without undue delay. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

If you withdraw from this contract, you will be reimbursed all payments you made under the contract without undue delay and in any event not later than 14 days from the day on which your decision to withdraw from this contract is received by Cyborganic Arts Limited. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you used Bitcoin for payment you agree Cyborganic Arts may decide autonomously to return either the coins or recalculate the total amount of Bitcoin to be refunded in Sterling (GBP) due to the volatile nature of cryptocurrency.

If you requested to begin the performance of services during the withdrawal period, you may be required to pay an amount in proportion to the services provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

Subscriptions. 

When you subscribe to Content through Cyborganic Arts, you receive access to that Content on a continuing basis unless you cancel. Subscriptions are automatically charged at the start of each billing period (whether weekly, monthly, annually, or another period), and you may be charged no more than 24 hours before the beginning of each billing period. If you used Bitcoin for payment you must manually renew your subscription before it expires in your account page. Cyborganic Arts will not be held responsible for any losses which may be incurred due to an interruption in service.

(a) Trials Periods. 

When you subscribe to Content for a price, you may receive access to the subscription benefits at no charge for a specified trial period, after which you will be charged until you cancel your subscription. To avoid being charged, you must cancel before the end of the trial period. Once you cancel your trial, you will immediately lose access to the relevant software and any subscription privileges unless otherwise specified. Access to such trial periods may be limited to a certain number of trials for each user during a given period, or other restrictions.

(b) Cancellations. 

You may cancel a subscription at any time before the end of the applicable billing period, and the cancellation will apply to the next period. For example, if you purchase a monthly subscription, you may cancel that subscription at any time during any month of the subscription, and the subscription will be cancelled as of the following month. You will not receive a refund for the current billing period.

(c) Price Changes. 

When you purchase a subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the price of the subscription increases later, Cyborganic Arts will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 14 days’ prior notice before the charge is made. If you are given less than 14 days’ prior notice, the price increase will not apply until the payment after the next payment due. If you do not wish to pay the increased price for a subscription, you may cancel the subscription as described in the Cancellations section of these Terms, and you will not be charged further amounts for the subscription, provided you have notified us before the end of the current billing period. Where the Provider increases the price of a subscription and consent is required, Cyborganic Arts may cancel your subscription unless you agree to the new price. If your subscription is cancelled and you later decide to re-subscribe, you will be charged at the then current subscription rate.

4. Rights and Restrictions

License to Use Content. 

After completing a transaction or paying the applicable fees for Content, you will have the non-exclusive right, solely as expressly permitted in these Terms, to store, access, view, use, and display copies of the applicable Content on your Device in accordance with the accompanying EULA or as otherwise authorized as part of the Service for your personal or commercial use. All rights, title and interest in Cyborganic Arts and Content not expressly granted to you in the Terms are reserved. Your use of our Content may be governed by the additional terms and conditions of the EULA between you and the Provider.

Violation of License Terms.

If you violate any of the Content restriction provisions of the Terms, materially or repeatedly violate any of the other Terms or we are investigating you for suspected misconduct then Cyborganic Arts may, without refund to you, terminate your access to Cyborganic Arts, the Content or your Account and your rights under this licence will immediately terminate. We will notify you with the reason for our action unless we reasonably believe that to do so would cause Cyborganic Arts or another person legal liability, would compromise an investigation, would compromise the operation of any Cyborganic Arts products, services or systems, would cause harm to our users or would be in breach of the law or the direction of a legal enforcement authority. See Disabled Accounts in Section 2 for additional information.

Restrictions: 

You may not:

• display (in part or in whole) the Content as part of any public performance or display even if no fee is charged except (a) where such use would not constitute a copyright infringement or violate any other applicable right or (b) as specifically permitted and only in the exact manner provided.
• sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense, transfer, assign any Content to any third party including with regard to any downloads of Content that you may obtain through Cyborganic Arts except as specifically permitted and only in the exact manner provided.
• use Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted and only in the exact manner provided.
• attempt to, or assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components that protect, obfuscate or otherwise restrict access to any Content or Cyborganic Arts.
• remove any watermarks, labels or other legal or proprietary notices included in any Content, or attempt to modify any Content obtained through Cyborganic Arts, including any modification for the purpose of disguising or changing any indications of the ownership or source of Content.

Third-Party Provisions. 

Notwithstanding anything to the contrary in these Terms, the third parties who license their Content to Cyborganic Arts are intended third party beneficiaries under these Terms solely with respect to the specific provisions of these Terms that directly concern their Content (“Third-Party Provisions”), and solely for the purpose of enabling such third parties to enforce their rights in such Content. For the avoidance of doubt, nothing in these Terms confers a third-party beneficiary right upon any party, with respect to any provision that falls outside the Third Party Provisions, which includes but is not limited to any provisions or agreements incorporated by reference, or that may be referenced without incorporation, in these Terms.

Defective Content. 

Once Content is available to you through your account, you should check the Content as soon as reasonably possible to ensure that it functions and performs as stated, and notify us or the Provider as soon as reasonably possible if you find any errors or defect.

Removal or Unavailability of Content. 

Subject to the Terms, Content that you purchase or install will be available to you through Cyborganic Arts for the period selected by you, in the case of a purchase for a subscription period, and in other cases as long as Cyborganic Arts has the right to make such Content available to you. In certain cases (for example if Cyborganic Arts loses the relevant rights, a service or Content is discontinued, there are critical security issues, or there are breaches of applicable terms or the law), Cyborganic Arts may remove from your Device or cease providing you with access to certain Content that you have purchased. You may be given notice of any such removal or cessation, when possible. If you are not able to download a copy of the Content before such removal or cessation, Cyborganic Arts may offer you either (a) a replacement of the Content if possible or (b) a full or partial refund of the price of the Content. If Cyborganic Arts issues you a refund, the refund shall be your sole remedy.

Limits on access on Devices.

Cyborganic Arts may from time to time place limits on the number of Devices or software applications you may use to access Content.

Dangerous Activities. 

None of the Services or Content are intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other such activities in which case the failure of the Services or Content could lead to death, personal injury, or severe physical or environmental damage.