TalanSoft Terms of Service
These are TalanSoft's Terms of Service. They will tell you:
- The rules for using our websites, products and services
- What you can do with our content (share, link...)
- What we can do with things you post or upload.
Read these terms carefully before using our content and services. Whenever you use them you agree to be bound by these Terms of Service and any other terms we let you know about.
If you breach any of these terms, then we could suspend or terminate your use of our services and your account.
If you create an account with us, use our services or contents on behalf of a business, that business agrees to these terms.
3. What we mean by "services" and "content"
Let us define the materials bound by these terms:
Anything digital offered by TalanSoft. Such as:
- Software (like Valkyrie Engine or EyeOT3D)
- Websites (like talansoft.com)
- Apps (like We3D)
Anything that is available through those services. Including:
- Software, apps, games (like vlk or vpk files)
- Technical data such as metadata and open-source code
- User-generated content: anything made by people using our services
4. When other terms apply
a. When you use services provided by someone else
When you use someone else's services or products, like a mobile device or a virtual reality headset, they will have their own terms for using them.
b. When you use other services where we tell you they apply
For instance if you participate in an event we organize. If there are extra terms, we will let you know.
5. Terms for using our services and content
A few rules to stop everyone from getting in trouble.
These apply to our services and content, except for content made to be shared ("shareables") which has some different, more relaxed rules described later. Some additional terms will also be defined for certain services further ahead.
a. Respect our services
We mean that you should be respecting basic rules regarding our services:
- You will not engage into hacking / reverse-engineering them
- You will not make copies of them or allow copies to be made by others, except for backup purposes
- You will not sell, transfer, or distribute them, except if specific terms allows you to do so
- You will comply if we ask you to remove content, software, games or apps from your devices. This might happen when we take down services, which we can do at any time, without notice
b. Do not harm or offend other people
While using our services or content, respect the following:
- Do not damage our reputation, by associating us with sexism or racism for instance
- Do not get us sued, by defaming someone using our services for example
- Do not harass or upset people
- Do not post or upload anything offensive or obscene
c. Respect yourself
Make sure you are in a safe place before using our services and be aware of your environment.
Stop immediately if you feel:
- Eye strain
- Any discomfort
Especially, do not use virtual reality apps if you:
- Are pregnant
- Have consumed any substance that may affect your balance
- Have a specific medical condition, like binocular vision abnormalities, psychiatric disorders, seizures or heart problems.
d. Do not usurp our identity
- Recreating a service or copying the look of a service
- Using our brands, trademarks or logos without our permission
- Using or mentioning our content in press releases and other marketing campaigns without our permission
- Sharing our content without our permission
6. Using TalanSoft content
a. When you need permission
You will need to get permission from us to use any of the following content:
- Apps, samples, test cases, or any kind of media distributed on our platform
- Content from talansoft.com
- Our logo and other branding
- Anything else that is protected by copyright
Unless stated otherwise you will always need to get our permission for any business use of our content (when you use it for your job, for commercial purpose, or for educational, non-profit, charitable or government uses).
Another point is that we do not always own the copyright.
Some of our content includes other people's content. For instance, a 3D asset or an application published by our users on our website. In that case you will have to ask them directly if you can use it.
b. When you already have permission
You do not need to request permission in the following cases:
- If you are at a school, college or university that has an educational agreement with us
- For quoting our content, as long as you credit us for it
- For shareables (rules defined below in section 7)
c. How to get permission
- Use the contact form on our website
a. What we mean by it
Content that is shareable will have one or more of these buttons next to it:
- Social media buttons for posting to Facebook, Twitter and so on.
When you share to a social media platform their terms will apply.
We are not liable for anything that happens to you if you use a shareable.
b. What you can do
- Use sharing buttons to share a link to our content on your website or social media
- Post comments about our shareables
c. What you cannot do
- Do not use them to harm or offend
- You cannot charge others for using our shareables
- You cannot say we endorse, promote, supply or approve of you
- Do not be misleading about where they came from
- You cannot remove or alter a copyright notice, or imply that someone else made them
d. What we request you to do
- Use the latest version
- Make sure it is displayed accurately
- Add a credit (if it does not already have one)
8. Using your content
Your content is defined as the following:
- Any content you created using our products or services – like your vlk or vpk files
- Any content you uploaded to one of our services – like apps, or entries in comment boards and forums
a. What you can do when you own the copyright
You own the copyright if your creation is completely new and original and does not feature anyone else's content.
If so, you can do whatever you like with it.
These terms allow you to sell your content (like game or application) commercially and earn any amount from it without having to purchase further licensing once your content has been released.
You can share your content with some of our services, like message boards, forums, download pages.
b. What you can do when you do not own the copyright
If your creation contains content made by someone else, the copyright for that content may belong to them and you will have to get their permission to do anything with it. That includes posting, submitting or uploading it to TalanSoft services.
Once you have got permission, you can share your content with the public.
c. What we can do
When you share your content with us by posting, uploading or contributing to existing content, you are permitting us to share your creations.
We may do with it things like:
- Use, host or store it in TalanSoft services and content
- Moderate it
d. What you should not do
Do not send us anything that:
- Was made by someone else, or that copies someone else's creation
- Is illegal, defamatory or inappropriate
- Contains personal details of yourself or someone else
- Contains spam
- Infringes anyone's rights (that includes privacy rights)
- Promotes a business
- Contains links to content that may be unsafe (viruses, worms, spyware and Trojans)
- Does not comply with our Terms of Service
9. Your TalanSoft Account
a. Registering for an account
You need an account to use some of our services, like Valkyrie Engine.
b. Notice about your account
You should respect the following to ensure a positive experience for everyone:
- Create an account with a strong password that you keep private
- Fill the data requested truthfully, and keep it up to date
- Own only one account per person for individuals or per company for businesses
- Do not log into an account that is not yours/your business's
- Do not create an account for someone else, except for your child or on behalf of your company
- Do not try to bypass our security measures
c. How we use your information
d. Deleting your account
Note that after deleting your account, you will lose the rights to use the services you might already have paid for.
Read more about termination in the appropriate section of the Terms of Service.
10. Limitation of Liability
To the maximum extent permitted by applicable law, TalanSoft and TalanSoft affiliates shall not be liable for anything that happens when you use our content and services if:
- You sustain any damage, including compensatory, incidental, punitive, defamatory or any kind whatsoever
- You sustain loss of revenue, data, or any other intangible losses
- You rely on third-party advice, data, comments, opinions or any other content and anything bad happens (like a user posting an inappropriate comment, or inaccurate content)
- There are errors, omissions, interruptions, delays, bugs or viruses
- We turn off or remove content, services, external links, or some of your content (we would normally only do this when we moderate, for legal reasons or if we are improving a service)
- Any unlikely or unforeseeable event happens (like a war, or anything we do not hope for)
11. External links
We sometimes link to third parties' sites or content, and sometimes put our services on them, for instance when you connect with us on social media.
Keep in mind that:
- We do not endorse the sites we link to
- We are not responsible for their content or liable for anything that happens to you if you use them
- If you or anyone else shares something containing a link, we are not responsible for anything on the site it links to
- External sites usually have their own Terms of Service
12. Terms specific to Valkyrie Engine
a. Different licenses types
You need a license in order to use the Valkyrie Engine Software. One license is tied to a seat. The following licenses are available according to the specific terms defined below:
- Free, for non-commercial uses, displays a watermark
- Individual, for individuals & non-profits, earning revenue of less than 100,000 USD per year, no watermark, no royalties
- Business, for business & organizations, earning revenue of 100,000 USD per year or more, no watermark, no royalties
- Enterprise, subject to separate agreements
b. Things to note about the licenses
When you get a license to use Valkyrie Engine, regardless of the license:
- You can install the software on different computer systems, as long as it is not used on more than one computer system simultaneously
- You acknowledge that this is only a limited nonexclusive license. Licensor is and remains the owner of all titles, rights, and interests in the Software
- You may not relicense, resell, transfer, share or exchange licenses, except if expressly allowed by specific terms
- Employees should not use a license purchased by their company at home, unless on a work computer or for work purposes.
- We may, at our sole discretion, modify or eliminate some functionalities of the software, or change the terms and conditions under which the licenses are provided
- We may change the license prices at any time. To the extent applicable, we will provide you reasonable notice of any such pricing changes by posting the new prices on our website and/or by sending you an email notification. If you do not wish to pay the new prices, you may choose not to purchase, or to cancel your license prior to the change going into effect.
c. Update releases and Auto updates
You are allowed to update to the latest version of the software as long as you use it.
d. Automatic Renewal
To ensure uninterrupted service, your license subscription will be automatically renewed for the same interval of time (for example a monthly subscription will be renewed for an additional month every month. A yearly subscription will be renewed for an additional year, and so on). This means that unless you cancel a license subscription before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee.
e. Payment terms
Follow the procedure described on the payment page in order to purchase a license.
All fees are stated in United States dollars. You shall pay all applicable fees depending on the license type you choose, and any related taxes or additional charges.
Purchases of any type of licenses are final and non-refundable, except at our sole discretion.
Termination of your account may result in forfeiture of purchased licenses rights.
If you contact your bank or credit card company to decline or reverse the charge of any fees, we may revoke your licenses rights.
We may change our fees at any time. When applicable, we may give you advance notice of the fee changes.
If you have problems with the services or questions regarding licenses, do contact us via the support form.
13. Warranty disclaimers
You understand that your access to and use of our services or any content is at your own risk.
Our services are provided "as is." TalanSoft and its subsidiaries hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither TalanSoft nor its subsidiaries make any warranty that our services meet your expectations, are void of error & viruses, or that access to them will be continuous or uninterrupted.
TalanSoft also does not make any kind of warranty related to content. Third-party content in particular, is provided by and is solely the responsibility of the third-party providing that content.
14. Update to these Terms of Service
We can modify these terms by:
- Posting revised Terms of Service on our website
- Providing notice to you that these Terms of Service have changed, generally via email or through a notification on our services.
You are responsible for reviewing and becoming familiar with any modifications.
In cases where we do not ask for your explicit agreement to a modified version of these terms, but provide notice as set forth above, the modified version of these terms will become effective fourteen days after we have posted the modified terms. Your use of the content and services following that period constitutes your acceptance of the new terms as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of our content and services.
We may terminate your access to all or any part of our services at any time, effective immediately, with or without notice, with or without reason, including but not limited to if you breach any of these terms of service.
All provisions of these terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitation of liability.
These Terms of Service were originally written in English. We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will prevail.
18. Governing law
We do not want any trouble and are hoping to conduct our business in ways that do not cause you any prejudices. If we wronged you in a way, before resorting to formal dispute resolution, we strongly encourage you to contact us to seek a resolution.
If however no amicable resolution can be found, these Terms of Service will be governed and construed in accordance with the laws of Singapore. You therefore agree that any claim or dispute you may have against TalanSoft must be resolved exclusively by a court located in Singapore, except if agreed otherwise by the parties.