Renderosity adheres to the Digital Millennium Copyright Act (DMCA). We respect the intellectual property rights of others and we require our members to do the same. Renderosity members remain the original copyright owner in all material (software and content) provided on our website. Use of the material in a manner which is inconsistent with the terms and conditions set forth herein is strictly prohibited.
Do not post, give away or sell any item that is not 100% your own unless you have a license or permission to re-distribute. Violators may be banned.
Do not use items found on the Internet. Many items may state free to use, commercial use or even royalty-free, but that does not guarantee permission to redistribute. The terms commercial use, free to use, and royalty-free often mean something different than a right to re-distribute. Also, there is not a good way to verify that the person making the Internet file available is even the original copyright holder.
Additional Copyright Information (Click to enter forum) Copyright Forum
Renderosity provides an open, global Marketplace structure for 2d and 3d cg artists to post their work for sale. Renderosity vendors agree at sign-up and additional state each time a product is uploaded that their creations do not infringe on anyone’s Intellectual Property rights. The vendors are solely responsible for all items they upload for sale. Renderosity requires vendors to get permission before offering any item for sale that uses a copyrightable item or a Trademark, (that includes, but is not limited to, the advertising images, banners, articles, sales descriptions, title, read me, and license). Proof of right to use may be requested if a copyright or Trademark is used in a product.
Bondware and its designated copyright agents will act on behalf of the Vendors for filing DMCA claims for illegal product distribution at other sites, and file cease and desist letters with sites that do not comply with DMCA claims. Even though Renderosity will do this on vendors’ behalves, we still encourage vendors to file their own claims in order to help get the files removed more quickly.
Anytime anyone sees a site that appears to be distributing Renderosity illegally, please notify firstname.lastname@example.org with as much information as possible. The information needed should include the web links to the illegal file(s) and the Renderosity product link(s), product title or products’ vendor name that is being illegally distributed.
Renderosity's Policy Concerning Claims of Copyright Infringement
Due to the volume of items uploaded daily to the Marketplace, Renderosity may only review official claims from valid copyright and Trademark owners or their designated agents.
- Copyright Notification - Official Notification of Claim of Infringement
- Response to Claim - Official Communication of Response to Claim of Infringement
1. Both parties must attempt in good faith to resolve the problem themselves.
2. Please select the Copyright notification link above to formally communicate a claim of alleged copyright infringement. Please set forth in detail your claim to the exclusive ownership of the intellectual property in question. Also, please set forth in detail the specific reasons why you believe the product in question infringes your intellectual property rights. Prior to making a claim, please attempt to resolve the problem directly with the artist in question. Please review the US Copyright Laws, the DMCA and the Renderosity Copyright FAQ.
3. Based on the DMCA, upon receiving a Copyright notification of an alleged copyright infringement claim, Renderosity may suspend the availability of the challenged product in The Marketplace and suspend any payment otherwise due the vendor of the challenged product. Products with alleged copyright infringements are usually suspended within 1 business day of receipt of the Copyright Notification.
4. Renderosity will send an email communicating the claim to the complaining party and to the vendor of the challenged product. The vendor of the challenged product shall have ten (10) days thereafter to provide Renderosity and the complaining party with their Response to Claim. The Response to Claim should set forth in detail every reason why the challenged product does not infringe the intellectual property rights of the complaining party.
5. The Response to Claim should be communicated utilizing the Response to Claim link above. If no Response to Claim is communicated by the vendor of the challenged product within the ten (10) day period set forth above, Renderosity will have the right to delete the product from The Marketplace and to withhold any payment otherwise due the vendor of the challenged product.
Renderosity will review all information to determine if the vendor of the challenged product is to be warned or vendor status removed. If a Response to Claim is made, the Response to Claim will be forwarded to the complaining party, and a designated agent for Renderosity will examine the challenged product, the Copyright Notification and the Response to Claim.
The Renderosity agent has no legal authority to determine infringement or non-infringement. Rather, the Renderosity agent will examine the challenged product in a good faith effort to determine whether or not there are reasonable grounds to believe that the complaining party owns a valid copyright and that the challenged product may infringe the intellectual property rights and should therefore be removed from the Marketplace.
- If Renderosity's agent does not find reasonable grounds to believe that a copyright infringement may have occurred, the parties will be notified by email. Depending on the circumstances, the product may be resubmitted to The Marketplace, or may be rejected at the sole discretion of Renderosity.
- If Renderosity's agent finds that there are reasonable grounds to believe that the challenged product may infringe the copyright of the complaining party, both parties will be notified by email, and the challenged product will be deleted from The Marketplace. Renderosity shall have the right to impose a $25 hourly administrative fee for the administrative time needed to resolve copyright issues. Renderosity shall have the right to withhold any payment otherwise due the vendor of the challenged product and used for any possible refunds and administrative fees. Vendors agreed upon upload to indemnify and hold harmless Bondware, Inc. from and against any and all claims and expenses, including all refund costs and attorney's fees, if there is a breach of the upload terms and/or ownership statement. Renderosity will review all information to determine if the vendor of the challenged product is to be warned or vendor status removed. It is in the best interest of both parties to try to resolve the dispute among yourselves. If at any time during this procedure the parties reach an agreement (such as: item being modified to satisfy the copyright holder, a percentage slip, or monetary payment agreement), Renderosity will work with the parties to facilitate the fastest resolve.
Renderosity's Process for Repeat Infringers
1st Offense: Each copyright claim is handled individually. Many times vendors are given a second chance when the infringement appears to be minor and/or believed to be accidental. Depending on the circumstances, the vendor may be allowed to update the item in question and may be put on a 30 day probation period. The probation could include withholding payment for a month (to cover refunds of a questionable item), signed upload agreement to be filed in vendor's file at the Bondware office, longer testing time for new products so staff can review them for copyright concerns. Renderosity may choose to remove the vendor's store if infringement appears severe and / or intentional. Buyers may be notified by email from a Renderosity Admin that an item is 'questionable" for copyright violations and may be offered an update and/or a refund by in-store credit.
2nd Offense: Renderosity will remove the vendors store and notify buyers of the item that appears to violation copyrights and offered a refund by in-store credit. Any payment due the vendor may be forfeited and used for refunds and Bondware's administrative cost for the item's sale and return.
Inconclusive: Items that have been questioned for copyright violations and which there is not clear evidence to support the claim will be deemed inconclusive. Renderosity will work with the copyright holder and accused infringer to try to resolve. If there is a resolve to satisfy all parties involved, Renderosity may or may not release the item back into Marketplace. Buyers may or may not be notified and/or refunded, depending on the circumstances.
During testing, items believed to have copyright violations will be removed and the vendor notified and warned of their first copyright offense. This vendor may then go through a probation period, and other items currently in Marketplace may be removed and reviewed for possible copyright infringements. Any additional copyright concerns may be considered second offense depending on the situation.
Renderosity reserves the right to remove a vendor's store in The Marketplace or disable member accounts at its sole discretion. Allegations of infringement may form the basis for such removal and/or disabling. Renderosity welcomes communication from all parties concerning the products available in The MarketPlace and the procedures by which Renderosity seeks to protect the intellectual property rights of everyone.
Renderosity's Policy Concerning False Claims
Repeated copyright notification claims submitted by the same member that are determined to have no reasonable grounds for copyright claims may receive a Terms of Service violation warning and/or disabling of members account.
Renderosity's Policy Concerning Trademark Claims of Infringement
1. Please email email@example.com to officially communicate a potential trademark infringement claim. Proof of Trademark has to be added to the official notice.
2. Upon receiving an official Notification communication via email or fax, Renderosity may remove the product in question from the Marketplace. Renderosity usually removes items in question within 1 business day. Our business hours are Mon - Fri 9am to 5pm.
3. Emails will be sent to both parties confirming the product's removal from the Marketplace.
For a better understanding of copyright issues and law, please review the US Copyright Laws, the DMCA, the Renderosity Copyright FAQ. and participate in the Copyright Forum Renderosity adheres to the Digital Millennium Copyright Act