Terms

DARK ANOMALY TERMS & CONDITIONS

SELLER AGREEMENT FOR PURCHASED CONTENT ON THE DARK ANOMALY.COM WEBSITE – PERSONAL AND NON-COMMERCIAL USE

• This agreement governs the licensing arrangement between the Seller and the Buyer concerning the Content available on Dark Anomaly.com.

• The license granted under this agreement is strictly for personal use and non-commercial purposes, as defined herein.

• Both the Buyer and Seller acknowledge that this Agreement is subject to the Terms and Conditions of Dark Anomaly.com.

1. The “Seller” refers to the Dark Anomaly that has uploaded files onto Dark Anomaly.com (“Platform”), while the “Buyer” refers to any individual or member who accesses and downloads these files. The files made available for download by the Seller and the various elements of the content within them are collectively referred to as the “Content.” The action of downloading these files from the Platform is termed the “Download.”

2. The Seller is the creator of the original Content, and/or possesses all necessary rights to license the Content to the Buyer as stipulated in this agreement. No other individual or entity has any authority over the Content.

3. The Seller grants the Buyer a non-exclusive and perpetual license to utilize the Content as follows:

A. In the case of images or sets of images, the right to use the image(s) for personal, non-commercial purposes, such as public or private display without charging a viewing fee; reproduction for personal use; personal stationery; use on personal websites or gaming accounts; and any other use by the Buyer where no payment is made for the use or transfer of the image(s) themselves. The Buyer may incorporate the image(s) into a new work and modify them for these purposes, provided the resulting work is used non-commercially.

B. In the case of tutorials or technique examples (e.g., PSD files showcasing image development) or any integrated publication, the right to personally utilize the information contained in the files and derive benefit from it, excluding direct reproduction of the Content.

C. In the case of contextual word prompts or other AI generative tools intended for use in the creation or production of other content, the personal right for the Buyer to use the Content in the production of any work, including commercial distribution or sale.

D. In the case of Content designed for personal webpage or website customization (e.g., avatars, skins, themes, and backgrounds), the right to use the content on any number of personal webpages owned by the Buyer or as a personal identifier for the Buyer on the web or within an online environment such as a game or social media.

E. In the case of Content intended for personal electronic device customization (e.g., “wallpapers,” screensavers, skins, sound effects, visual themes, avatars), the right to use the content on any number of personal devices owned by the Buyer.

4. Except for Content described in paragraph 3C above, the Buyer may not employ the Content to promote any product or commercial endeavor.

5. The Seller retains all other rights to the Content under copyright, trademark, or other intellectual or commercial laws. The Buyer acknowledges the Seller’s ownership of the Content. The Seller warrants and assures the Buyer that they are the lawful owner of the Content, and no third party will interfere by claiming ownership or control of the Content.

6. The Buyer may not sublicense or transfer any rights acquired under this agreement, except as specified in paragraph 3 above.

7. The Buyer is prohibited from reselling any file obtained through the Download.

8. In appropriate circumstances of use, the Buyer will provide attribution (credit) to the Seller of the Content. However, attribution is not mandatory if it interferes with the licensed use by the Buyer or if it is not customary to provide such attribution (e.g., when using an avatar).

9. Both the Seller and Buyer acknowledge that any disputes arising from this Agreement shall be resolved by the Seller and Buyer themselves, in a fair and efficient manner. To deter content theft, all digital images and monthly subscriptions purchased by Buyer are non-refundable.

10. By using this agreement form and acknowledging its use on the Premium Content Platform at the time of the Download, the transaction record for the Download will serve as the electronic signature equivalent for both the Seller and the Buyer.

11. This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, United States, without regard to its conflict of laws principles. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be resolved within the state and federal courts located in the State of New York. The parties irrevocably submit to the exclusive jurisdiction and venue of the state and federal courts located in the State of New York, and hereby waive any objections to personal jurisdiction or inconvenient forum. This governing law clause shall survive the termination or expiration of this Agreement.