Terms & Conditions

(1) INTRODUCTION

These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

(2) LICENCE TO USE WEBSITE

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or view 3D still previews and view 3D animating previews from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

  • (a) republish material from this website (including republication on another website);
  • (b) sell, rent or sub-license material from the website;
  • (c) show any material from the website in public;
  • (d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
  • (e) edit or otherwise modify any material on the website; or
  • (f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

(3) ACCEPTABLE USE

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

MOTION CAPTURE DATA PURCHASED FROM CENTROID MOTION CAPTURE Ltd (the creator) rights are outlined below.

Centroid Motion Capture Ltd (“Centroid”, “the creator”, “we”) supplies motion capture data provided through or in connection with our website, accessible at http://www.themotioncapturelibrary.com. Except to the extent you and Centroid have executed a separate agreement, these terms and conditions exclusively govern your access to and use of the Data and Site (collectively, the “Services”), and constitute a binding legal agreement between you and Centroid.

You acknowledge and agree that, by accessing, purchasing or using the services, you are indicating that you have read, understand and agree to be bound by this agreement. Centroid reserves the right, at its sole discretion, to modify, discontinue or terminate the Services. Centroid may also modify the Agreement at any time and without prior notice. If we modify the Agreement, we will post the modification on the Site.

The Site, Software, Services and Website Content are protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

All trademarks, service marks, logos, trade names and any other proprietary designations of Centroid used herein are trademarks or registered trademarks of Centroid. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

(4) Billing

Payments made under the Agreement shall be made without deduction or set-off for any withholding taxes, levies, imports, duties, charges and/or fees imposed by any governmental taxing authority except as required by law. If you are compelled to make any such deduction, you will pay to Centroid such additional amounts as are necessary to ensure Centroid’s receipt of the full amount that creator would have received but for the deduction. You will be responsible for, and agree to promptly pay, all taxes or duties of any kind (including but not limited to sales, use and withholding taxes) associated with any purchase or your receipt or use of the Services, except for taxes based on Centroid’s net income.  In the event that Centroid is required to collect any tax for which you are responsible, you will pay such tax directly to Centroid or its payment processor.  Centroid reserves the right to collect any applicable sales, use or value added tax.  

All sales are final and there shall be no refunds except as required by law. Further, Centroid will not allow changes to your purchase after you complete it. 

If you purchase Services, you will be asked to provide customary billing information, such as name, company name, billing address, credit card information, and VAT or GST number, either to Centroid or its third party payment processor. VAT and GST numbers cannot be added or changed after the purchase is completed. When you provide billing information to Centroid or its third party payment processor, you: (i) represent and warrant that you are the authorized user of the card, PIN, key or account associated with such billing information; (ii) agree to pay Centroid for all purchases (including all applicable taxes) made via the Site; and (iii) thereby authorize Centroid or its third party payment processor to charge your credit card or otherwise process your payment for any purchase or other fees incurred by you. If you are directed to Centroid’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s privacy policy. Please review such third party’s terms and conditions and privacy policy before using such services. 

All data made available from and purchased from the creator or its services, remains the property, and copyright of the enclosed motion capture data, rig hierarchies and geometry, of Centroid. The Buyer is purchasing the right to use the contents, not ownership of the files contents, in part or in full. 

(5) USER GENERATED CONTENT

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

The Buyer (“You”) may not redistribute data, in whole or in part. The Buyer may not store in any place, on a network or cloud based service “the Internet” where it may be acquired by a third party; this includes making it available on hard-drive or other physical media for direct download using Peer to Peer Software. 

The Buyer is hereby granted a non-exclusive, non-transferable license to use all of the contents of the encapsulating archive file for artistic renders or as reference. 

The creator maintains that all items in the archive are their original work, or are derivative works from something found, and verified, to be in the public domain or purchased with permission of commercial use. The creator maintains they legally possess the power to grant the Buyer this license for all enclosed materials. You represent and warrant that: (a) you have the legal capacity to agree to the Agreement; (b) you are not located in a country embargoed by the United Kingdom; and (c) you will comply with all applicable laws and regulations in connection with your use of the Services and in accordance with the terms and conditions specified in the Agreement. 

The Buyer may use the materials in any personal or commercial projects, as long as the creator’s work is protected from extraction and none of the items in this agreement have been violated. 

If the Buyer uses content purchased from the Creator, in part or in full, or its Services to contribute or generate revenue in excess of £50,000 GBP, then disclosure of the Buyers project and/or product (“entity”) must be given to the Creator at such a time as the Buyers commercial entity is within the public domain or released within the public sphere. The creator will not disclose information, nor confirm involvement with the Buyer’s entity without first seeking express permission for the Buyer or those within the legal capacity to agree. 

The Buyer may make backup copies of this archive file, for archival purposes only, as long as they do not conflict or invalidate any of the above clauses. The Buyer retains this license, but not further access to a new asset, if the Creator removes from sale the data or services at a later date, or makes adjustments to price.  

The Creator may revoke this license, if it is shown that a Buyer has previously violated, or displays continuous behaviour deemed to breach the terms and conditions. 

All Sales of motion capture data (“Your Content”) are Final and not refundable. In viewing the site content and upon receipt of paid materials you acknowledge that: (i) Centroid will have no further obligation to provide the Services to you beyond those in this agreement; (ii) Centroid, or any third party, will not provide warranty nor be held responsible for any loss, damage or fault caused by third party providers in the viewing, downloading or otherwise access to the Site or its deliverable content. 

Centroid will have the right in its sole discretion, and without prior notice to you, to suspend, disable or terminate the Agreement and/or your right or ability to access or use any of the Services if: (a) you breach this Agreement; (b) your use of the Services poses a reputational or security risk to, or otherwise adversely impacts, the Services or any third party; (c) your use of the Services subjects Centroid, our affiliates or any third party to liability; (d) your use of the Services may be fraudulent; (e) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.  

In the event of any suspension, disablement or termination, you acknowledge that: (i) Centroid will have no further obligation to provide the Services to you; (ii) all rights granted to you under the Agreement will immediately cease; (iii) you may no longer access any of Your Content that was previously purchased via any of the Services, and Centroid will have no obligation to maintain or forward you Your Content; and (iv) you will remain liable for all fees and charges for all Services ordered.  If the Creator suspends, disables or terminates due to your breach, you will also remain liable for any remaining amounts owing. Any suspension, disablement or termination will not affect your obligations to Centroid (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, disablement or termination. 

(6) LIMITED WARRANTIES

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(7) LIMITATIONS OF LIABILITY

Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

  • (a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
  • (b) we will not be liable for any consequential, indirect or special loss or damage;
  • (c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
  • (d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;

(8) INDEMNITY

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(9) BREACHES OF THESE TERMS OF USE

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(10) VARIATION

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

(11) ASSIGNMENT

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

(12) SEVERABILITY

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(13) EXCLUSION OF THIRD PARTY RIGHTS

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

 

(14) LAW AND JURISDICTION

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

(15) REGISTRATIONS AND AUTHORISATIONS

Our VAT number is 904493817.

Our EU Intra Trade number is GB904493817.

(16) OUR DETAILS

The full name of our company is Centroid UK Limited.

We are registered in England & Wales under registration number 6114127.

Our registered address is Head Office, Pinewood Studios, Pinewood Road, Iver Heath, Buckinghamshire, SL0 0NH, United Kingdom.

(17) Returns

We do not offer refunds or returns for our products, as they are available to download immediately upon purchase. All products clearly state that they will be downloaded as MotionBuilder 2016.FBX format and comprise motion data, plotted at 120fps, applied to a characterized skeleton only and that all geometry is for display only.

You can contact us by email to library@centroid3d.com

These website terms of use are based on a template created by Website-contracts.co.uk and distributed by Website-law.co.uk.