Terms of Service

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these terms of use. If you do not agree to these Terms and Conditions, please do not use the site.


Your access to and use of the www.edonguraziu.comedonguraziu web site (the “Site”) is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. Use of the Site and related Services (as defined below) is also subject to our Privacy Policy http://www.edonguraziu.app/privacypolicy, the terms of which are incorporated herein by this reference. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and the Privacy Policy and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

1.  The Site, all GURA® Models, and all materials contained in the Site and any GURA® Models are maintained for your personal entertainment and information by Edon GURA® Holding B.V. and its affiliates (collectively “GURA®”), (“GURA®”). “GURA® Model(s)” shall mean GURA®’s proprietary 3D models of clothing, merchandise, and other accessories for use in certain 2D and 3D interactive entertainment, film, television, and other media and for use by artists, authors, developers, publishers and/or others working in such media, all of which are displayed and available for license on the Site.  Subject to your compliance with these Terms and Conditions, G5 hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download, and use the Site, excluding the GURA® Models, solely for your personal and non-commercial purposes.  Except as provided in the GURA® End User License Agreement (www.edonguraziu.com/EULA), the terms of which are incorporated herein by this reference, no material from the Site or any GURA® Model may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials (excluding the GURA® Models) on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification or use of the materials for any other purpose is a violation of the copyright and other proprietary rights of GURA® as well as other authors who created the materials. You may not distribute, modify, transmit or use the content of the Site or any GURA® Model, including any and all graphics and/or sound files, for public or commercial purposes without the express written permission of GURA® and/or as provided in the GURA® End User License agreement.

2.  All text, data, graphics files, sound files and other materials contained in the Site, including the GURA® Models, are copyrighted unless otherwise noted and are the property of GURA® and/or a supplier to GURA®.  No such materials may be used except as provided in these Terms and Conditions and/or the GURA® End User License Agreement.

3.  All trade names, trademarks, and images and biographical information of people contained in the Site and/or the GURA® Models, including without limitation the name and trademark “GURA®” are either the property of, or used with permission by, GURA®.  The use of these materials by you is prohibited unless specifically permitted by these Terms and Conditions.  Any unauthorized use of these materials may violate the copyright, trademark, and other proprietary rights of GURA® and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes.  Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the owner thereof.

4.  While GURA® uses reasonable efforts to include accurate and up to date information in the Site, GURA® makes no warranties or representations as to its accuracy.  GURA® assumes no liability or responsibility for any errors or omissions in the content of the Site.

5.  When you register with GURA® and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from GURA®. You consent to receive notices electronically by way of transmitting the notice to you by email.

6.  If you send comments or suggestions about the Site to GURA®, including, but not limited to, notes, text, drawings, images, designs or computer programs, to GURA®, such submissions shall become, and shall remain, the sole property of GURA®. No submission shall be subject to any obligation of confidence on the part of GURA®. GURA® shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

7.  GURA® shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

8.  GURA® will not intentionally disclose any personally identifying information about you (including your social security number and information regarding your IP address) to third parties, except where GURA®, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Service or the GURA® End User License Agreement. By using the Site, you signify your acceptance of GURA®’s Privacy Policy,www.edonguraziu.com/PrivacyPolicy. If you do not agree with this Privacy Policy, in whole or part, please do not use the Site.

9.  The Site and the Services are operated on servers located in various jurisdictions, including the United States. When you access or use the Site and/or the Services, personal information about you may be transferred outside the country in which you are situated to these other locations.  By accessing the Site and/or the Services, You consent to any such transfer. GURA®’s policies ensure that such personal information is protected to the same standard when processed by any GURA® entity or office around the world.  We also ensure that appropriate contracts containing standard data protection clauses approved by the European Commission to protect that information and the rights of individuals are in place with any and all third-party service providers we may use.

10. DMCA Notice

GURA® respects the intellectual property rights of others and request that users of the Site and the Services likewise respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, GURA® will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend, terminate, or cancel a User Account or a user’s access to and use of the Services if a user is found to be a repeat infringer. It is, furthermore, GURA®’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify GURA® as required by the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

*An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

*Identification of the copyrighted work that you claim has been infringed;

*Identification of the material that is claimed to be infringing and where it is located on the S;

*Information reasonably sufficient to permit GURA® to contact you, such as your address, telephone number, and, e-mail address;

*A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

*A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following email address:

Email: DMCA@GURA®.org

Subject: Notice of DMCA COMPLAINT

Alternatively, if you prefer to contact us via postal mail, here is information about where to do so:

Mail Address:

GURA® Project DMCA Complaints

Attn: Jeffrey W. Rose, Esq.

23 Corporate Plaza Drive

Suite 150, PMB 623

Newport Beach, CA 92660

USA

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying GURA® and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with GURA®’s rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, GURA® has adopted a policy of terminating, in appropriate circumstances and in GURA®’s sole discretion, members who are deemed to be repeat infringers. GURA® may also at its sole discretion limit access to the Site, any Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

11.  NEITHER GURA® NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE.  WITHOUT LIMITING THE FOREGOING, ALL MATERIALS ON THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  GURA® DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION.  GURA® DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU ASSUME ALL RESPONSIBILITY FOR THE COST ALL NECESSARY REPAIRS OR CORRECTIONS.  GURA® SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEB SITE OR THIRD PARTY SERVICE PROVIDER (including, for example, Marvelous Designer software and/or any updates or upgrades to that software).  ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER.  Please note that the applicable jurisdiction may not allow the exclusion of implied warranties.  Some of the above exclusions may thus not apply to you.

12.  You agree to indemnify and hold GURA® and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that GURA® may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. GURA® reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide GURA® with such cooperation as is reasonably requested by GURA®.

13.  The provisions of these Terms and Conditions are for the benefit of GURA®, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

14.  This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.  If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

15.  These Terms and Conditions may be revised from time to time by updating this posting.  You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

Updated: May 20, 2023