MoCap Online - Standard License
Terms and Conditions Acknowledgment
Prior to accessing or utilizing MoCapOnline.com (hereinafter collectively referred to as “Site”), it is imperative that you, the user (hereinafter referred to as "User"), carefully review and comprehend the Terms and Conditions set forth herein. Mocap Online, inclusive of all content, information, and services made available, is provided by Motus Digital, LLC ("Motus Digital").
By accessing, downloading, or using any content from Mocap Online– whether through our website, third-party marketplaces, or any other channels – you acknowledge and agree to comply with the terms set forth in this Agreement. This constitutes a legally binding agreement between you (the "User") whether as an individual or on behalf of an entity, and Motus Digital, LLC, the entity behind MoCap Online.
Read carefully through this Standard License Agreement (hereinafter referred to as the "Agreement"). Please note that this Agreement is also commonly referred to as the "Terms and Conditions," "Standard License," or "Digital License." Regardless of the terminology used, all these terms refer to the same binding document that governs your use of our digital assets. This Agreement outlines the legal framework and usage rights pertaining to the 3D animations and models you acquire from MoCap Online, ensuring a clear understanding of both your privileges and responsibilities.
This Agreement is designed to provide clarity and guidance on how our digital assets can be utilized in your projects, whether they are games, films, architectural visualizations, or any other creative endeavors. We have crafted this license to support your creative process while protecting the intellectual property that is the cornerstone of our offerings.
We have the right to disable accounts that are suspected of using our service for illegal activities. If User is accessing and using this website on behalf of any group or entity, User warrants that it has all necessary authority to enter into this Agreement. If at any time User does not agree to be bound by the terms and conditions of this Agreement then User must cease using this site immediately.
1 DEFINITIONS
For the purpose of this Agreement, the following terms shall have the meanings ascribed to them below:
1.1 "User Creative Work": This term refers to any movie, video, game, application, or product created by the User that incorporates Character Animation and/or Character Model(s) obtained from MoCap Online. The integration of the Character Animation and/or Character Model(s) into the User Creative Work must be in such a manner that prevents their extraction for further distribution, reproduction, modification, or use outside of the User Creative Work.
1.2 "Services": This term encompasses all services provided by Motus Digital via MoCap Online. This includes, but is not limited to, the license granted to the User to utilize the Software for downloading Content.
1.3 "Software": This term denotes the proprietary software of Motus Digital, which is utilized for accessing site and using the MoCap Online Materials.
1.4 "Character Animation": This term is defined as a file containing character animation data, which is either owned by or licensed to Motus Digital, and which the User may acquire through the website store or any marketplace where these models are sold.
1.5 "Character Model": This term refers to a digital 3D character model that is owned by or licensed to Motus Digital, and which the User may acquire through the website store or any marketplace where these models are sold. This definition includes the “Motus Man” model provided with any purchase of Character Animation.
1.6 "Content": This term encompasses all, Character Animation, Character Models, movies, videos, photographs, graphics, icons, logos, text, images, audio clips, data compilations, documentation, and, UE4 Blueprints, visual scripting code, and other MoCapOnline content available from MoCapOnline's Site.
1.7 "MoCap Online Commercial License": This term refers to a separate license that permits the User to employ the Character Animation and/or Character Model(s) for purposes beyond the scope of the standard license agreement.
1.8 “Permission in AI Application Use of MoCap Online Assets”: In the context of utilizing MoCap Online's digital assets, including animations and character models, within artificial intelligence applications, systems, or solutions (collectively referred to as "AI Applications"), it is imperative for users to understand that such usage is strictly regulated. Specifically, any intention to incorporate MoCap Online's assets into AI Applications mandates obtaining explicit and prior written consent from MoCap Online.
2. MOCAP ONLINE STANDARD LICENSE
2.1 Grant:
The User is granted a non-exclusive, non-transferable, revocable, and limited MoCap Online Standard License to access and use MoCapOnline.com and any purchased or licensed Software, Services, Character Animation, and Content (collectively referred to as “Site Materials”) on any single computer upon payment of applicable fees. Motus Digital reserves the right to terminate this license at any time and for any, or no, reason without notice.
The User may sublicense the use of Character Animation and/or any Character Models that are integrated into User Creative Work that has been sold to the User’s customers. Notwithstanding any language to the contrary in this Agreement, such sublicense is irrevocable once the User has made the applicable payment to Motus Digital. It is important to note that sublicensing rights are strictly limited to the integrated assets within the User Creative Work and do not allow for the standalone use or distribution of Site Materials as independent assets.
Modifications to the Site Materials are permitted only to the extent that they enhance the integrated project and do not attempt to alter the original intellectual property of MoCap Online. Such modifications should ensure that the Site Materials cannot be extractable in a format that allows their reuse in their original or modified form outside of the intended project.
The MoCap Online Standard License permits the use of purchased items in a project for personal use with fewer than 1 million End Users, without the requirement for additional fees or charges after the initial purchase cost. Projects must not be works for hire for any other entity unless they are covered under a Commercial License.
This license does not allow the item(s) purchased under it to be offered for resale either alone or bundled, nor to be redistributed or resold 'as-is' or as part of any other collection of files. Distribution is allowed only as binary-only, ensuring that our assets are not distributed even if significant modifications have been made.
Should your project anticipate or achieve $1 million in revenue or distribution to 50 million End Users, a Commercial License will be required. This is to emphasize that the Standard License does not cover high-revenue generating or mass-distribution projects. For expansions involving multiple commercial projects or clients, or exceeding the aforementioned thresholds, ensure to secure additional usage rights with the MoCap Online Commercial License available at www.MoCapOnline.com.
WHAT CAN YOU DO WITH MOCAP ONLINE ANIMATIONS?
You can integrate the component in end user applications such as software / video applications, games, mobile apps, desktop apps, video, movie, architectural visualization, AR, or VR, etc). You can customize the asset for your own use.
2.2 Limitations. Except as provided in Sections 2.1 and 2.3 with respect to Character Animation and/or Character Model(s) incorporated into User Creative Work, User may not copy, download, store, publish, transmit, transfer, sell, sublicense or otherwise use this Site or MoCap Online Materials, or any portion thereof, in any form or by any means, except as expressly permitted by this Agreement or with Motus Digital’s prior written permission. User may not alter or modify MoCap Online Materials in any way. User may not reverse engineer, decompile, disassemble or otherwise attempt to circumvent the provisions of this Agreement or discover or misappropriate the source code or architecture of the components of this Site, or any MoCap Online Materials. User may not use any robot, spider, other automatic device, or manual process to monitor or copy this Site or any Site Materials without Motus Digital’s prior written permission. User agrees not to (i) rent, lease, or transfer, or commercialize the Site Materials in any way except as provided by this Agreement; or (ii) export the Site Materials in violation of U.N. embargoes or U.S. laws and regulations. Motus Digital claims no right, title or interest in and to User’s work incorporated into User Creative Work as a result of this Agreement.
2.3 User Creative Work. Upon payment of applicable Fees, User may download the Character Animation and Character Model(s) for the sole purpose of creating User Creative Work for sale or distribution to its customers. User may make modifications to the Character Animation and Character Model(s) only to prepare User Creative Work. Character Animation and Character Model(s) that have not become User Creative Work may not be sublicensed, licensed, resold, published, or distributed to third parties in any manner by User, whether or not for commercial purposes, without the prior written consent of Motus Digital. User may reproduce and distribute such Character Animation and/or Character Model(s) clips only as User Creative Work distributed to its customers. Provided that User has paid all applicable fees, Motus Digital is not entitled to a royalty on such sales, and the royalty granted to User for Character Animation and/or Character Model(s) that has been incorporated into User Creative Work is permanent and irrevocable. User agrees to preserve all proprietary notices Motus Digital attaches to the Character Animation and/or Character Model(s), and that it will distribute its User Creative Work pursuant to a commercially reasonable end-user license agreement containing terms and conditions consistent with good commercial practices that restrict use of the User Creative Work and forbid reverse engineering or re-distribution of User’s Creative Work. For example, approved use of Character Animation and/or Character Model(s) as User Creative Work may include: (i) moving images incorporated into a feature film or broadcast or in demonstration or marketing materials, and (ii) as part of a game if User Creative Work is displayed inside the game during play and cannot be extracted without use of reverse engineering techniques.
3. ARTIFICIAL INTELLIGENCE USAGE CLAUSE:
3.1 Permission for AI Applications: The User acknowledges and agrees that any use of MoCap Online's animations, character models, or any other digital assets (hereinafter referred to as "Animations") in connection with artificial intelligence applications, systems, or solutions (collectively, "AI Applications") requires explicit and prior written permission from MoCap Online. This requirement applies irrespective of whether the AI Application is intended for commercial purposes or personal use.
3.2 Request for Permission: To seek permission for such use, the User must submit a detailed request to MoCap Online, outlining the nature of the AI Application, the specific Animations to be used, the context and manner of their use, and any other information deemed relevant by MoCap Online. This request should be sent to the designated contact point provided by MoCap Online: mocap@motusdigital.com
3.3 Evaluation of Request: MoCap Online reserves the right to evaluate each request on a case-by-case basis. The decision to grant or deny permission will be made at MoCap Online's sole discretion, based on factors including but not limited to the potential impact on MoCap Online's intellectual property, the nature of the AI Application, and compliance with applicable laws and regulations.
3.4 Terms of Use: In cases where permission is granted, MoCap Online will specify the terms and conditions under which the Animations may be used in the AI Application. The User agrees to adhere strictly to these terms. Any deviation from the agreed terms may result in the immediate revocation of the granted permission.
3.5 Intellectual Property Rights: The User acknowledges that all intellectual property rights in the Animations remain the property of MoCap Online and that no transfer of ownership or infringement of these rights is permitted under this clause. The use of Animations in AI Applications does not confer any additional rights to the User beyond those explicitly granted by MoCap Online.
3.6 Indemnification: The User agrees to indemnify and hold harmless MoCap Online against any claims, damages, losses, or expenses arising out of or in connection with the unauthorized use of Animations in AI Applications.
3.7 Modification of Clause: MoCap Online reserves the right to modify the terms of this clause at any time. Continued use of the Animations in AI Applications after such modifications constitutes acceptance of the new terms by the User.
4. INTELLECTUAL PROPERTY RIGHTS
All elements of Mocap Online including, but not limited to: Site Materials and any other text, articles, logos, trademarks, graphics and the overall "look and feel" of the Site and the Site Materials, are the sole property of Motus Digital. Except as expressly provided by this Agreement and payment of applicable fees, nothing herein shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights either now or in the future. User acknowledges that this Site and all Mocap Online Materials are protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws owned exclusively by Motus Digital or its licensors. Motus Digital (or its licensors) retain all right, title and interest in and to the MoCap Online and MoCap Online, and any copies and any derivatives or modifications thereof, other than modifications made to the Character Animation and/or Character Model(s) as a part of preparing User Creative Work as provided above in this Agreement. User shall have no rights to modify or make derivative works of MoCap Online or MoCap Online Materials other than the limited right granted above in this Agreement to make modifications to the Character Animation and/or Character Model(s) as a part of preparing the User Creative Work. Except as expressly provided in this Agreement, no license, right or interest in any Motus Digital patent, trademark, copyright, trade name or service mark is granted hereunder; and all other rights or sub-divisions of rights generally included in a copyright are excluded from this license and remain the property of Motus Digital. User agrees that its use of the MoCap Online or MoCap Online Materials or work in creating User Creative Work does not create any right, title or interest in any intellectual property of Motus Digital, except for licenses expressly granted pursuant to this Agreement.
5. REGISTRATION
Certain sections of MoCap Online require registration to access and use information and services. If User elects to register, User agrees to provide Motus Digital with accurate, complete registration information. User will inform Motus Digital of any changes to registration information. User warrants that registration is for a single computer only, and that User will not permit anyone other than User to access and use sections of this Site requiring registration using User's name and password. User will not access or use this Site under the User name of another individual. User is responsible for all access to and use of this site through User's name and password, including access of any services the use of which results in monetary charges to User, whether or not User has knowledge of or authorizes such access and use. User will notify Motus Digital immediately of any unauthorized use of User's name and password, if User suspects the privacy of User's name and password has been jeopardized, or if User believes that another individual has fraudulently represented themselves as the User or as being associated with User or User's organization.
6. PUBLICATION AND USE OF INTERACTIVE SERVICES
6.1 Grant of License to Motus Digital: By publishing, uploading, submitting or distributing any messages, data, information, text, graphics, links, or other materials ("Posted Materials") to this site, including messages posted on message boards and materials published in directories on this site, User automatically grants, or warrants that the owner of the following rights has expressly granted, to Motus Digital, a perpetual, fully-paid, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense and sell Posted Materials, and incorporate Posted Materials into any medium or technology, now known or later developed.
6.2 Lawful Use Only: User will not publish, upload, submit, or distribute any Posted Materials on this site which are unlawful, deceptive, misleading, or abusive in any way, including but not limited to Posted Materials that are defamatory, libelous, pornographic, obscene, threatening, indecent, invasive of privacy or publicity rights, hateful, or would constitute or encourage a criminal offense, violate the rights of any party, or contain any corrupted data or malicious code that may impair or alter the appearance or functionality of this site, or give rise to liability or violate any local, state, federal, or international law or regulation, or the rules of any securities exchange such as the New York Stock Exchange or NASDAQ, either intentionally or unintentionally. Furthermore, User is also responsible for ensuring that any third-party content they upload is in compliance with all applicable copyright laws. Motus Digital may delete any of User's Posted Materials at any time, without prior notice or User's permission and at Motus Digital's sole discretion, according to the Motus Digital Community Guidelines.
6.3 Posted Materials Attributed & Truthful: On certain sections of this site, Posted Materials submitted for publication on this site will be accompanied by User's name and shall not be submitted anonymously. User warrants that such Posted Materials will not misrepresent or obscure his or her identity or affiliation with any person or entity. Furthermore, User warrants that it will not, by any method or action, directly or through a third party seek to artificially enhance, degrade, or otherwise manipulate the recommendations or endorsements of any User, individual, or group on this site including User's own. Motus Digital from time to time engages in A/B testing of our Website’s features and User acknowledges that the Website experience may differ among individual users for Motus Digital’s testing and marketing purposes. Customers purchasing annual subscription commercial licenses will have as a general rule priority treatment for technical support and assistance.
6.4 No Motus Digital Obligation to Monitor: Motus Digital has no obligation or intent to edit, monitor or screen Posted Materials and is not responsible for the content in, or linked to or from, Posted Materials. Motus Digital may, and retains the right to, examine this site for adherence to the Agreement and remove any materials that may be objectionable, violate the Agreement, or law, but expressly disclaims any and all warranties or representations that it will do so in any specific instance. By using this site, User acknowledges and agrees that Motus Digital is under no obligation to monitor, edit, or remove any Posted Materials solely upon User's insistence.
6.5 Commercial Use Prohibited: Services on this site that allow User to contact, communicate or interact with other users, Motus Digital or Motus Digital affiliates and customers ("Interactive Services") are provided to User solely for use in accordance with the fee structure and license for affected Site Materials. User will not include any advertising, promotion, solicitation for goods, services or funds, or solicitation for anyone to become members of a commercial enterprise or organization in Posted Materials delivered through Interactive Services without the express written permission of Motus Digital.
7. NO ENDORSEMENT OF PROVIDERS.
Motus Digital does not select, approve, or otherwise endorse any particular Partner or third party provider of services on this Site. Any and all such recommendations or posted materials are from third parties and are inherently subjective in nature, could be inaccurate or incomplete, and are difficult or impossible to verify. Therefore, Motus Digital expressly disclaims any representation or warranty that such third party materials are correct or reliable. UNDER NO CIRCUMSTANCE SHALL MOTUS DIGITAL HAVE ANY LIABILITY TO USER OR TO ANY THIRD PARTY FOR ANY RELIANCE ON INFORMATION CONTAINED ON OR OBTAINED THROUGH THIS SITE. SUCH RELIANCE SHALL BE SOLELY AT SUCH PERSON'S OWN RISK.
8. THIRD PARTY CONTENT.
Third party content, messages and services may appear on this site or may be accessible through links from this site. Motus Digital is not responsible, and assumes no liability, for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or accessible from this site. User acknowledges that the information and opinions in the third party content are neither endorsed or controlled by, nor reflect the beliefs of, Motus Digital.
9. ADVERTISERS AND SPONSORS.
Users acknowledge that this Site may contain third party advertising and sponsorships. Advertisers, Partners and sponsors are solely responsible for ensuring that material submitted for use on this Site is accurate and complies with any and all applicable laws. User agrees that Motus Digital will not be responsible for the illegality or any error or inaccuracy in Partners’, advertisers' or sponsors' materials or for the acts or omissions of Partners, advertisers or sponsors.
10. FEES.
All usage of Mocap Online Materials is governed by the terms of the applicable fee schedule under which User is accessing Site Materials. User is responsible for payment of all applicable fees and charges generated when linking from or ordering from this Site. User will conform to all payment policies established by Motus Digital from time to time. Motus Digital may change applicable fees at any time, posted on this Site. Such changed fees will apply to all transactions entered into on or after the effective date of such changes, regardless of User’s familiarity with this Site or the timing of the fee changes.
11. DISCLAIMER OF WARRANTIES.
THIS SITE, AND SITE MATERIALS ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MOTUS DIGITAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. MOTUS DIGITAL MAKES NO WARRANTY THAT ACCESS TO THIS SITE OR ANY PORTION THEREOF OR USE OF ANY SITE MATERIALS, WILL BE UNINTERRUPTED, SECURE, COMPLETE, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. MOTUS DIGITAL DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) THE ACCESS OR USE THIS SITE, INCLUDING BOTH SITE MATERIALS AND THIRD PARTY CONTENT AND SERVICES DELIVERED THROUGH THIS SITE, (B) THE ACCESS OR USE OF THIRD PARTY WEB SITES AND CONTENT OR SERVICES THEREIN THROUGH LINKS IN THIS SITE, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, OR (D) USER'S USE OF EQUIPMENT AND SOFTWARE IN CONNECTION WITH ACCESS AND USE OF THIS SITE.
12. LIMITATION OF LIABILITY.
USER'S EXCLUSIVE REMEDY AND MOTUS DIGITAL, ITS AFFILIATES AND/OR CONTRIBUTORS' ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM FOR DAMAGES RELATING TO USE OF THIS SITE WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER BASIS WHATSOEVER, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF CHARGES PAID BY USER RELATIVE TO THE SPECIFIC FEATURE OF THIS SITE OR SITE MATERIALS WHICH IS THE BASIS OF THE CLAIM DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL MOTUS DIGITAL, ITS AFFILIATES AND/OR CONTRIBUTORS BE LIABLE TO USER FOR ANY CLAIM RELATING IN ANY WAY TO (A) USER'S INABILITY OR FAILURE TO USE THIS SITE OR ANY SITE MATERIALS PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY MOTUS DIGITAL, ITS AFFILIATES OR CONTRIBUTORS, OR ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON THIS SITE DELIVERED INFORMATION AND SERVICES; OR (B) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO USER'S RIGHTS UNDER THIS AGREEMENT OR USE OF, OR INABILITY TO USE THIS SITE OR ANY SITE MATERIALS, EVEN IF MOTUS DIGITAL, ITS AFFILIATES AND/OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOTUS DIGITAL SHALL HAVE NO LIABILITY WHATSOEVER TO THE USER FOR ANY CLAIM RELATING IN ANY WAY TO ANY THIRD PARTY CONTENT OR FEATURE.
13. INDEMNIFICATION.
User agrees to defend, indemnify, and hold Motus Digital, its affiliates, contractors, suppliers, directors, employees and agents harmless from any and all claims, costs, damages, judgments, and liabilities (including but not limited to reasonable attorney's fees) made by any third party and arising from or related to: User's violation of the terms and conditions of this Agreement or User’s violation of the intellectual property rights of any third party.
14. LIMITATION OF TIME TO ASSERT CLAIMS.
Except for claims by Motus Digital relating to improper use of this Site, no claim, regardless of form, which in any way arises out of this Agreement, may be made, if such claim is brought, under this Agreement more than one year after the basis for the claim becomes known to the party desiring to assert it.
15. MODIFICATIONS TO TERMS OF USE: UPDATES AND AMENDMENTS TO AGREEMENT.
15.1 Notification of Changes: MoCap Online reserves the right to modify, amend, or update this Agreement at any time and at its sole discretion. In the event of any such changes, MoCap Online will provide notice to the User by posting the revised Agreement on the MoCap Online website and updating the "Last Updated" date at the top of the Agreement.
15.2 Review and Acceptance of Changes: It is the User's responsibility to regularly review the Agreement for any changes. Continued use of the Site, Services, Software, or any other Site Materials after any such changes have been made will constitute the User's consent to and acceptance of the amended Agreement.
15.3 Effective Date of Changes: Any changes, modifications, or amendments to this Agreement shall become effective immediately upon their posting on the Site unless otherwise noted. In certain cases, MoCap Online may specify a later effective date for changes.
15.4 Archival of Previous Versions: MoCap Online shall archive all previous versions of this Agreement and make them available upon request. Users may compare these versions to understand the nature and extent of the changes made.
16. USER DISPUTES.
User is solely responsible for its interactions with other users of this site. Motus Digital retains the right, but expressly disclaims any obligation, to become involved in any dispute between User and any other users of this site.
17. ENTIRE AGREEMENT.
This Agreement embodies the entire understanding between User and Motus Digital with respect to the subject matter herein, and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter.
18. ENFORCEMENT AND VIOLATION CONSEQUENCES:
18.1 Client Compliance: In cases where the User Creative Work is created for a client, the client is also bound by the terms of this Standard License Agreement. It is the User's responsibility to ensure that is fully informed about and comply with these terms. Any violation by the client will be considered a violation by the User and may result in the same consequences as if the User had committed the violation directly.
18.2 Remedial Actions: In cases of non-compliance, MoCap Online may, at its discretion, offer the User an opportunity to take remedial actions to correct the violation before imposing penalties or terminating the license. This may include adjusting the use of the Content to comply with the terms, purchasing additional licenses, or other corrective measures as deemed appropriate by MoCap Online.
18.3 Reinstatement: Following a violation and subsequent termination of the license, MoCap Online may, at its discretion, allow for reinstatement of the license upon the User's full compliance with the Agreement terms and payment of any applicable fines or fees.
18.4 Audit Rights: MoCap Online reserves the right to conduct audits on the User's use of the Content to ensure compliance with this Agreement. The User agrees to cooperate fully with any such audits and to provide access to all relevant materials.
18.5 Monitoring and Enforcement: MoCap Online reserves the right to monitor compliance with these terms. This may include, but is not limited to, digital verification methods and audit inquiries.
18.6 Consequences of Violations: In the event of a breach of this Agreement, including but not limited to unauthorized use, distribution, or modification of MoCap Online's assets:
- i. Immediate Termination: MoCap Online may immediately terminate the User's license, disable the User's account, and prohibit further access to MoCap Online's services.
- ii. Legal Action: MoCap Online reserves the right to take legal action against the User for violations, which may include claims for damages and injunctive relief.
- iii. Financial Penalties: The User may be subject to financial penalties or required to pay restitution to MoCap Online for any losses incurred due to the User's violation of the Agreement.
18.7 Notification of Violation: Upon identifying a potential violation, MoCap Online will notify the User, providing an opportunity to respond and, where possible, rectify the breach within a specified timeframe.
18.8 Appeal Process: Users have the right to appeal against enforcement actions taken by MoCap Online. Appeals must be submitted in writing and will be reviewed by MoCap Online's legal team.
19. FORCE MAJEURE.
Motus Digital’s performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies, acts of third parties, and any other cause beyond the reasonable control of Motus. Neither party shall be liable to the other for delays or failures in performance resulting from causes beyond the reasonable control of that party.
20. ARBITRATION AGREEMENT.
By agreeing to the MoCap Online Standard License Agreement, both you (the User) and Motus Digital, LLC (MoCap Online) agree to arbitrate disputes and claims that arise between you and MoCap Online. This includes, but is not limited to, claims arising out of or related to any aspect of the relationship between you and MoCap Online, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
20.1 Scope of Arbitration Agreement: This agreement to arbitrate disputes includes all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement. If you choose to bring a claim against MoCap Online in court, MoCap Online can request to have the court order the claim to be resolved through arbitration in accordance with this clause.
20.2 Arbitration Procedures: The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as amended by this Arbitration Agreement. The arbitration will be held in the English language and the arbitral decision may be enforced in any court. The arbitration shall take place in Dallas, Texas, USA, and will be conducted by a single arbitrator.
20.3 Arbitrator's Powers: The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including any claim that all or any part of this Arbitration Agreement is void or voidable.
20.4 Costs of Arbitration: Each party will bear their own costs from the arbitration proceedings. However, MoCap Online will pay all filing, administration, and arbitrator fees if your total claims seek less than $10,000 unless the arbitrator determines your claims are frivolous.
20.5 Waiver of Jury Trial: YOU AND MOCAP ONLINE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. Instead, MoCap Online and you elect to have all claims and disputes resolved by arbitration under this Arbitration Agreement.
20.6 Severability: If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
20.7 Right to Waive: Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
20.8 Survival of Agreement: This Arbitration Agreement will survive the termination of your relationship with MoCap Online.
20.9 Modification: Notwithstanding any provision in this Agreement to the contrary, we agree that if MoCap Online makes any future change to this arbitration provision, you may reject any such change by sending us written notice within 30 days of the change.
This Arbitration Agreement ensures that all disputes are resolved in a binding, efficient, and streamlined manner, helping both parties avoid the complexities and potential costs associated with court proceedings.
21. SERVICE AVAILABILITY.
While the website and services are normally available 24 hours a day, we shall not be liable if for any reason the website is unavailable at any time. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We are not responsible for any data loss that might occur when the server is not accessible. Major maintenance windows will be announced in advance by MoCapOnline.com technical teams in order to allow you to coordinate the usage. Our services are hosted by Shopify which offers stable and scalable hosting services with high availability and responsive support. All data is stored securely on servers in multiple data centers located across the United States and Europe. Still, the possibility exists for temporary downtimes independent of our control, as for any other website. This happens very rarely and, when it happens, we do our best to solve the problem as soon as possible.
22. PRIVACY POLICY.
Our Privacy Policy is incorporated into these terms and conditions and is listed here. https://mocaponline.com/pages/privacy