Last Updated: November 26th, 2022.
These Terms and Conditions applies as between you and Vigilante of 2025 Guadalupe St Suite 260, Austin, TX 78705, USA www.marketplace.vigilante.us (hereinafter “Vigilante”, “we” or “us”). Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website and our marketplace.
If you place an order for one of our Quality Unreal Engine Assets through www.marketplace.vigilante.us, on which we present these Terms and Conditions, upon confirmation that such order is accepted a license agreement will be executed between you and Vigilante, which will be governed by these Terms and Conditions.
- Unreal, and the Unreal Logo are trademarks of Epic Games, Inc.
- We are not affiliated, associated, authorized, endorsed by, or in any way officially connected with Epic Games, Inc, or any of its subsidiaries or its affiliates.
1.1 All Assets shown on the website are subject to availability. This means that, although we strive to ensure our website reflects the availability, an Asset shown on the website may no longer be available.
1.2 Minor differences in variations in Assets are possible as a result of different image acquisition, display technologies or other technical reasons. Vigilante is not liable for these variations and deviations.
1.3 No rights can be derived from typing errors, Asset descriptions or manifest errors on the website.
2. Requirements to conclude a contract
2.1 You have to be 16 years of age or older to license Assets via the website.
2.2 You guarantee that the information you provide to us in the request or order is accurate and complete.
3. How is a contract concluded with you?
The following applies to all types of Assets.
3.1 All information on the website is an invitation to license only. You agree that your order is an offer to license the Assets listed in your order.
3.2 All orders submitted by you are subject to acceptance by us. We are entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If we do not confirm acceptance of your order within ten working days, it is deemed to have been refused.
3.3 We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:
3.3.1 If Asset(s) are shown on the website but are not or no longer available;
3.3.2 If we are unable to obtain authorization of your payment;
3.3.3 If Asset(s) shown on the website contain a (manifest) error such as being incorrectly priced or otherwise incorrectly described or shown;
3.3.4 If we are unable to process your order due to technical reasons;
3.3.5 If we know or reasonably suspect an order was made with the assistance or involvement of any software, robot, crawler, spider or other automated means or device.
3.3.6 In the event that we do not accept (part of) your order, we shall be entitled to cancel (part of) your order without incurring any liability towards you or a third party. Following the cancellation, we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order.
3.4 We reserve the right to cancel your order after the creation of the license agreement, thereby terminating the license agreement, for the reasons stipulated in this Agreement. Following the cancellation, we will of course provide you with a refund for the amount paid to us order.
3.5 After your order has been placed, we will send you an order acknowledgement email with your order number and details of the Assets you have offered to license. Acceptance of your order and the formation of a license agreement of the Assets between you and us will not take place unless and until you receive a confirmation from us that the Assets have been made available to you.
4. Delivery and Performance
4.1 Delivery of the Assets shall be made by us delivering you the access details to the Account(s) to the e-mail address and account specified in the accepted order.
4.2 With effect from the Commencement Date, Vigilante shall, in consideration of the amount(s) being paid in accordance with the accepted order will provide the access details to the Account(s) expressly identified or otherwise agreed under this Agreement.
5. License Grant
5.1 Vigilante hereby grants to you a limited, non-exclusive, non-sublicensable, commercial and single game use license to access the Asset according to the provisions contained herein.
5.2 Commercial Use License means with respect to the Asset, the license is granted to use the Asset in 1 (One) commercial application, commercial software library, or a commercial software project.
5.3 Commercial Usage means with respect to the Asset, Revenue generated through donations, purchases, or any other method or form of revenue generation where the project is sold or licensed, and the project uses the Asset.
6.1 Vigilante is and remains the exclusive owner of all right, title, and interest (including copyright, patent, trade secret and other proprietary rights) in and to the Asset. Nothing in this Agreement will be construed as granting you any title or interest in or to the Asset. You agree not to contest the validity of Vigilante’s rights or to perform any act adverse to Vigilante’s rights.
6.2 You acknowledge and agree that any ideas, enhancements, improvements, additions, or modifications to the Asset suggested by you, and any and all Intellectual Property Rights contained therein, will become Vigilante’s property, and you assign and agree to assign any and all right, title, and interest to any rights in such suggestions to Vigilante.
7. Copyright and Intellectual Property
The Asset is protected by copyright and other intellectual property laws and treaties. Vigilante owns the title, copyright, and other intellectual property rights in the Asset. The Asset is licensed, not sold.
8. License Restrictions
8.1 You may not reverse engineer, decompile, or disassemble the Asset, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
8.2 The Asset is licensed as a single Asset. Its component parts may not be separated for use.
8.3 You agree not to alter, obscure, remove, conceal or otherwise interfere with any markings on or in the Asset;
8.4 You agree not to reverse compile, reverse assemble, reverse engineer, or otherwise reduce to human-perceivable form any part of the Asset or to discover or disclose the source code, methods and concepts embodied in the Asset;
8.5 You agree not to use the Asset in a way that could damage, disable, overburden, impair or compromise the Asset’s systems, components or security;
8.6 You agree not to circumvent or manipulate any of the restrictions or security-related features within the Asset;
8.7 You agree not to knowingly introduce any virus, worm, malware, spyware, Trojan horse or other harmful or malicious code to the Asset. If you become aware of any security breach or misuse of any content that could compromise the security or integrity of the content or otherwise adversely affect the Asset, you will notify Vigilante immediately;
8.8 You agree not to access and use the Asset in order to build an Asset or service competitive with the Asset;
8.9 You agree to access the Asset on a single license basis only. You agree not to share your license with any other user or use the license for additional projects unless expressly permitted and licensed to do so.
8.10 You agree not to use the Asset in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously;
8.11 You agree not to collect or harvest any information or data from the Asset or underlying systems or attempt to decipher any transmissions to or from the servers running the Asset; and
8.12 Vigilante’s Company name, logo and all related names, logos, Asset and service names, designs and slogans are trademarks of Vigilante or its affiliates or licensors. You agree not to use such marks without the prior written permission of Vigilante.
9.1 Vigilante reserves the right to make price changes prior to an order placed by you.
9.2 We reserve the right to change, limit or terminate any special offers or discounts at any time.
9.3 We may charge delivery costs. The delivery costs vary for each Asset and type of delivery.
10. Methods of payment
10.1 Please check the checkout of the website or the website for information on available payment methods.
10.2 Vigilante reserves the right to conduct an individual credit check for each order. Depending on the results of this check, Vigilante reserves the right to refuse certain methods of payment.
11. Accuracy of information
We attempt to ensure that information on the website is complete, accurate, and current. Despite our efforts this may not always be the case. Please note that we are not required to maintain or update any such information. You should not rely on any such information and any reliance on any such information is at your own risk.
12. Your provision of information
When you provide information about yourself to us or to other users of the website, including when you create an Account, you agree to: (a) provide accurate and current information, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate and current. If you provide any information about yourself that is untrue or inaccurate, or we have reasonable grounds to suspect that such information is untrue or inaccurate, we retain the right to suspend or terminate any account you establish, decline to provide you with services on the website, and/or refuse any or all current or future use of the website or any portion thereof.
13. Registration and passwords
You may be permitted or required to register or obtain a login ID and password prior to being provided with access to certain pages on the website. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID, password, and/or account, whether authorised by you or not. You agree to notify us immediately of any unauthorized use of your login ID, password, or account, or any other breach of security involving access to the website through your account. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login ID, password, or account as a result of your failing to take reasonable steps to keep your account information secure and confidential.
14. Operation of the website and termination of this agreement
15. Access to the website
15.1 Neither Vigilante, nor any of its respective affiliates guarantee that the functions contained on the website will be uninterrupted or error-free or that defects will be corrected.
15.2 We may suspend, withdraw, discontinue, or change all or any part of the website without notice.
16. Our responsibility for loss or damage suffered by you
16.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
16.3 The website is for domestic and private use. If you use the website for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17. Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
18.1 In case of contradiction between Vigilante Terms and Conditions and any content contained in other parts of the website or in links, Vigilante Terms and Conditions contained in this document prevail.
18.2 We reserve the right to make changes to these Terms and Conditions at any time.
18.3 The use of this website as well as any license agreement executed between you and us, will be subject to the version of the Vigilante Terms and Conditions in force at the time you place the order through this website or the day you browse this website (as applicable).
18.4 Please check the Vigilante Terms and Conditions periodically for changes.
19. Data protection
20. Events beyond reasonable control
Vigilante will be not held responsible for any delay or failure to perform or comply with our obligations under the Vigilante terms and conditions when the delay or failure arises from any cause which is beyond Vigilante’ reasonable control.
Each provision of the Vigilante Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Vigilante Terms and Conditions.
22. Applicable law and jurisdiction
The Vigilante Terms and Conditions shall be governed by the laws of the State of Texas. The law of Texas applies to the sales contract, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and Vigilante and you agree to submit to the exclusive jurisdiction of the Courts of Austin.