KineMan

Interactive 3D Articulated Skeleton






KineMan Pro Subscriptions

Terms of Sale


Contents

Introduction

Scope
Parties Involved

Subscription Details

Access to KineMan Pro web application
     Feature set
     Multiple devices
     Restricted usage
Access to Your Account
Presenter License

Periods & serial subscriptions
Start & end dates
Active & inactive status
Plan availability
Free Trials
Subscriber requirements: signup, login
Transition plan

Purchase Details

Prices & payment
Currency & exchange
Taxes
Price changes
Refund policy


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Introduction

Scope: This document discloses the Terms of Sale for subscriptions to the KineMan Pro web application. Subscribers must agree to the terms in this document and related documents (the Terms of Service and Privacy Policy) in order to access the features of a KineMan Pro subscription. This document applies to both paid subscriptions and Free Trials of KineMan Pro.

The content of KineMan Pro consists of features for displaying and manipulating human anatomical components in a 3D simulated environment, via graphical user interface (GUI) controls provided for those purposes, as part of the KineMan Pro web application.

The features of KineMan Pro represent a superset of those offered in the KineMan Basic edition, a free* product, which does not require a subscription. Both KineMan Basic and KineMan Pro are subject to the KineMan Terms of Service (available at www.kineman.com/TermsofService.php), but only KineMan Pro is subject to the Terms of Sale. If conflicts arise between these two documents, those of the Terms of Sale override those of the Terms of Service, unless noted otherwise.

* Note: Free Trial subscriptions of KineMan Pro are not the same as our 'free' edition (KineMan Basic). Free Trial subscriptions are a type of KineMan Pro subscription, and so they are subject to these Terms of Sale. To reinforce the distinction between Free Trial and free edition, 'title case' is used for Free Trials, throughout this document.

This document covers subscriptions provided to individuals, by and thru the website www.kineman.com; it does not cover institutional subscriptions, nor does it cover related KineMan products offered thru other marketing channels such as online app stores.

Additional information regarding KineMan Pro subscriptions is provided in other documents, as follows:

Parties Involved: Multiple parties are involved in the subscription signup and payment process, as follows:

  • ‘You’ refers to any individual who is legally qualified to view KineMan content, and who applies and successfully registers for a KineMan Pro subscription through the web site www.kineman.com. This applies to subscribers of Free Trials as well as paid subscriptions.

  • ‘We’ and KineMan Subscriptions refer to the developer and owner of the KineMan website (both Basic and Pro) and seller of KineMan Pro subscriptions. KineMan Subscriptions is a dba (‘doing business as’) name for Andrew J. Barber of Victoria, BC, Canada. KineMan Subscriptions is the sole keeper and user of your Subscription Account information, and controls your access to the KineMan Pro web app. KineMan Subscriptions does not have access to your credit card or other payment account information.

    [Web pages with the heading 'KineMan Subscriptions / Payment via PayPal’ are owned by PayPal; they use the KineMan Subscriptions header only to corroborate the connection between KineMan Subscriptions and PayPal.]

  • PayPal (www.paypal.com) is our provider of online payment services for KineMan Subscriptions, responsible for handling credit card and other payment transactions. PayPal is the sole participant when it comes to credit card numbers, payment sources, available funds, etc. PayPal does not have access to any KineMan Subscription Accounts.

    KineMan Subscriptions reserves the right to add, change, or remove any online payment providers.

  • aMember : Some of the subscription signup pages for KineMan Pro list ‘aMember Pro’ as the provider of subscription management software. Although aMember software is embedded into the KineMan website, the aMember business entity is not a party to any monetary transactions and does not have access to any KineMan Subscription Accounts.

Subscription Details

Access to the KineMan Pro web application: As an active subscriber to KineMan Pro, you are granted access to the KineMan Pro web application, which consists of a single dynamic web page located on protected portions of the www.kineman.com website. You are granted access to this protected webpage and its associated features, via login with a valid username and password, for a specific time period.

Feature set: The KineMan Pro web application includes features for displaying and manipulating human anatomical components in a 3D simulated environment, via graphical user interface (GUI) controls provided for those purposes. The specific features available under your subscription are not described in this document, as they are expected to undergo frequent additions and enhancements. You can find a list of current KineMan Pro features at www.kineman.com/features.php.

The KineMan Pro features are subject to the following:

  • We reserve the right to add, remove, or modify any features at any time.
  • We cannot guarantee that any feature listed at the time of purchase will be available for the full duration of your subscription.
  • We expect to make ongoing improvements, as an intrinsic characteristic of an online subscription. Generally, the improvements will supplement, enhance or repair existing features. We may need to remove a feature, for example, if it interferes with the operation of a new feature we consider more widely useful, or if we deem it a security risk.

The changes may occur on an irregular schedule.

Multiple devices: As an active subscriber, you may access KineMan Pro content on up to 3 different devices (e.g., desktop computer, laptop computer, and one other). (Caution: KineMan Pro does not currently operate on mobile devices).

Restricted usage: As a subscriber, you are permitted to use the protected content of KineMan Pro only at the ‘application-level’ (i.e., which requires you to understand basic computer operation common to all programs, plus specific operation of KineMan Pro features as described in the Help section of the KineMan website). If your subscription includes a Presentation license, you are also permitted to process KineMan Pro content to generate recorded animations, such as animated GIF images or videos.

You are not granted access to KineMan Pro content at the ‘developer-level’, e.g. to extract, embed, modify, etc. portions of the software for some other use, using knowledge of the associated programming languages (html, css, javascript, php, etc), and related tools. This restriction includes the various data files (for bone geometry, joint parameters, and the like); these may be covered by other licenses or agreements. Other restrictions, as described in the Terms of Service, apply as well.

Access to Your Account: Your subscription to KineMan Pro (active or inactive) also grants the you login access to a set of web pages collectively called ‘Your Account’; these are protected, personalized web pages that display information related to your subscription, including profile information ( first & last name, email address, and login username), plus a record of your payment history. As an active subscriber, you may access this information at any time. As an inactive subscriber, you will be granted access for up to 1 year following your last expiration date.

Presenter License: A key feature of a KineMan Pro subscription is the Presenter License, which allows you to publicly present or disseminate KineMan Pro graphical content, either as static images, hardcopies, live demonstrations, or recorded on some digital medium.

Note: Free Trials of KineMan Pro, and all versions of KineMan Basic, do not include a Presenter License. Apart from fair use applications, you are not allowed to publicly present static or dynamic (live or recorded) images generated by either of these products. For further information, please see the Terms of Service.

With the Presenter License, you may display graphical content generated by KineMan software, under the following conditions.

  • The license to publicly display live graphical content is valid only during the active period of your subscription. The license to publicly display recorded graphical content runs indefinitely, as long as the recordings were originally created or modified only during the active period of your subscription.

  • You are not allowed to publicly display or disseminate animated KineMan content (Pro or Basic) in any medium that permits viewers (other than yourself) to manipulate the content (i.e., to arbitrarily adjust body position, joint angles, identify anatomical features, undo or redo, etc), apart from starting, pausing, reversing, or stopping a previously recorded animation sequence.

    Examples of disallowed media include websites in which you ‘embed’ a working copy of the KineMan website, for instance by use of html <frame> or <iframe> tags.

    Examples of allowable media include animated gif images and screencasts (i.e., screen content saved in a digital video format).

    For other media, please contact KineMan Subscriptions, regarding whether the media is allowable under the Presenter License.

  • You must include clear attribution, that the animated images were created using KineMan Pro.

Subscription Periods & Serial Subscriptions: Various types of KineMan Pro subscriptions are available (Standard subscriptions, Options, packages, paid, Free Trials). Each of these ‘products’ is offered with a one-time price and a fixed duration; none of them is available as an ongoing subscription with recurring billing. That is, there are no automatic renewals. Instead, KineMan Pro subscriptions are offered with selectable durations (for example, 1, 4, or 12 months for Pro Standard).

Furthermore, KineMan subscriptions can be renewed ‘manually’. That is, you may opt to purchase multiple KineMan Pro fixed-duration subscriptions, so that the subscription periods run serially, i.e., when one subscription period expires, the next will begin immediately thereafter, to give you uninterrupted access over a longer time frame. Under this plan, you can concatenate subscription terms of different durations: if you want 5 months of access, you should order a 4 month plan followed by a 1 month plan

To concatenate subscriptions serially, several conditions must be met:

1) Serial concatenation of subscription terms works independently for subscriptions with the same product name. For example, if you order a 12 month KineMan Pro Standard subscription, and a 4 month subscription for the Pose Tracing Option, each of these will be treated independently, in terms of start & end dates. If you then order an additional month of the Pose Tracing Option, it will serially follow the 4 month subscription, to give a 5 month term, for that product only (because they have the same name). In this scenario, the duration & end date of the KineMan Pro Standard subscription does not change.

The 'same name' rule just described doesn't apply for package subscriptions. When packages are involved, the package name (e.g., 'ProPlus') is disregarded, and instead, the names of the individual components within the package are used.

For example, if you start with an single component subscription (e.g., Standard) and add a package subscription, the original Standard subscription will concatenate with the Standard subscription within the package. The other package components (Options) will behave independently of the Standard subscriptions.

2) To set up serial subscriptions periods, you must do so under the same account name. If you use a different account name for any new subscription, that subscription period will be setup to run concurrently, not serially. (Concurrent subscriptions are appropriate and necessary, if you wish to access KineMan Pro content from more than 3 devices).

3) Serial subscriptions are only available for paid plans. Free Trials are designed to run independently of paid plans. If you signup for a Free Trial, and then, before its period is complete, you purchase for a paid subscription, the paid subscription will begin immediately. The privileges of the paid subscription will then supersede those of the Free Trial.

Start date: Your access to KineMan Pro will begin immediately, when you order a Free Trial or purchase a new paid subscription. When you order a renewal subscription, it will begin immediately, if all of your previous subscriptions have expired; otherwise, it will begin immediately following your current subscription (or last unexpired subscription period in your serial sequence, whichever is later).

End date: When the duration of a subscription is specified in months or years, the expiration date is the same numeric date as the start date (i.e., apart from the change in month or year). When it is specified in days, it is counted naturally, with the start date as ‘zero’. Your access to KineMan Pro will be discontinued after midnight at the end of the expiration date.

[Note: If you purchase multiple serial subscriptions, the start date for a future subscription (as listed in Your Account) will be the same as the end date for its predecessor. This may seem incorrect, if you imagine that the start date for one subscription should come the day after the previous end date. However, in our subscription management system, the dates in Your Account are handled in terms of the ‘midnight at the end of that date’: one subscription ends at midnight at the end of that date, and the next begins at midnight at the end of the same date, which in practical terms is actually the next date. (Sorry about the confusion!) ]

Active and Inactive Status: You are considered to be an ‘active’ subscriber during the period after your subscription has started and before it expires. After the expiration of any single subscription period, or after last expiration in a series of subscriptions, you are considered to be an ‘inactive’ subscriber. As an inactive subscriber, you will be denied access to the KineMan Pro web application, but you will still be able to access the information in Your Account, and you will be allowed to use that account to purchase renewals at discounted prices. You will have login access to Your Account for 1 year following your last expiration. After that, we will purge your information, and you will have to sign up as a new subscriber to reinstate your account access.

Plan availability: We reserve the right to change the types of subscriptions we offer, and/or their prices, at any time. These changes will not affect the calendar period for any current subscription you have already purchased.

Free Trials: We offer Free Trials so that you can accomplish two key tasks:

1) You can evaluate the current features to determine whether they meet your needs.

2) You can evaluate whether KineMan operates acceptably for your choice of computer resources (including hardware, operating system, and web browser).

For some combinations of computer resources, KineMan Pro may not work well or at all. In particular, KineMan Pro is not currently compatible with mobile devices, and several popular browsers (Internet Explorer). (This list is not complete). Although we provide some guidelines regarding the requirements for successful KineMan operation (at www.kineman.com/requirements.php), we cannot guarantee successful operation even if all the stated conditions are met.

Because we can't guarantee successful operation of KineMan Pro on your computer, it is your responsibility to do so, via our Free Trial subscription. We don’t offer refunds under any circumstance, so you should regard our Free Trial subscription as your opportunity to evaluate the compatibility of your computer resources in advance of committing to a purchase. For further information, please see our Refund Policy.

Subscriber Requirements/ Signup: To become a subscriber, you must complete the subscription signup process, which requires that you perform the following steps:

  1. Register: Provide basic information about yourself (such as email address, plus your choice of username and password). Your email address will be used only for essential correspondence, unless you allow otherwise. We will not share your email address with any third party.
    As part of your registration, you will be signed up for a Free Trial subscription. Additional information about Free Trials is provided above.
  2. Agree: Accept the terms of this agreement, as well as our Terms of Service and Privacy Policies.

Subscriber Requirements/ Ordering a Paid Subscriptions: Once you are registered, you can elect to add regular, paid subscriptions, by using one of our online order forms, or via our in-app ordering process. For these subscriptions, you must pay using one of our online payment processors (currently, PayPal (www.paypal.com)).

Note that whenever you add Options to your subscription, an 'activation' step is required for proper functioning of the new features. Activation normally occurs automatically, whenever you restart the KineMan Pro app. However, you can also activate the new features while you work, by following the instructions on our Subscription Help page.
[Note: this 'immediate activation' process involves communication between Paypal's servers and our own, which we cannot monitor or control; as a result, we can't guarantee it's reliability. You should not rely on this process to upgrade your feature set in a critical situation, e.g., during a live presentation!]

Subscriber Requirements/ Login: To access KineMan Pro features, you must enter a valid username and password into he KineMan Pro login page. Your username and password are valid, if they match the ones you selected during the signup process (or which you subsequently modified via your KineMan Subscription Account). The KineMan Pro login page includes provisions for resetting your password, if necessary.

You may not share your KineMan Pro username and password with anyone. You must take standard precautions to safeguard these data from theft.

We will handle your registration and login credentials confidentially and securely. Your login credentials are sent securely from your computer to our site, during registration and during login, using SSL encryption (as indictated by the ‘https’ protocol in our URL, and the Lock icon that appears next to it). We will not share your confidential information with any third party.

Transition Plan:

In the event that the collection of KineMan Pro products is restructured or repackaged, such that the new & old products are not directly compatible, the following terms will apply:

  1. Any existing subscription you have will be honored: you will have access to the features in effect prior to the transition, and these will hold for the duration of your subscription.
  2. You will be permitted to renew your subscription at the renewal price in effect immediately prior to the transition, for a limited time period ( ~ 6 months) after the transition time. After that period, this special renewal offer will be withdrawn and if you want to continue using KineMan Pro, you will need to signup under one of the new (post-transition) subscription plans. Note that the feature set for the special renewal offer will be equivalent to the features you subscribed to before the transition.
  3. To take advantage of these terms, it may be necessary to use an alternative URL (web address) to access the app or the renewal signup form. If an alternative address is required for either of these, you will be notified by one of the following: a popup window within the app, via email, or, within this document.

Following is a list of applicable transitions to which the above terms apply:

  • Release R15.12: The transition date is Dec 8, 2015. Renewals of the prev release (R15.6) will be available until June 30, 2016. No change of URL is required to access the previously offered features or renewal form.



Purchase Details

Prices & Payment: All subscriptions are payable in advance. You pay one time before the start of your subscription period. Your subscription will automatically expire when the subscription period is complete. To renew your subscription, you will need to place a renewal order on our website. You can renew at any time. If you renew a subscription before it expires, and you do so using the same account (i.e., using the same username & password) as the existing subscription, the period for the renewal will run serially: it will begin following the expiration of your latest existing subscription. [More details about serial subscriptions are provided here].

Current prices for subscriptions are listed on KineMan Subscriptions Order form page(s), including your original signup page, or similar pages accessible from Your Account, for renewals. Additionally, the prices are listed at www.kineman.com/ProSubscriptions.php.

Currency & Exchange: All prices are stated in US$. Conversions from your local currency to US$ are provided by our online payment provider (PayPal). Fees for currency exchange are included in the exchange rate stated by PayPal.

Taxes: The prices stated on our website do not include any sales, VAT, or related taxes. We will not add or collect taxes, (unless you reside in British Columbia, Canada*). Rather, it will be your responsibility to determine whether sales taxes or any other taxes are required in your local jurisdiction, how much they cost, and how to pay them.

[*Note: for residents of British Columbia, Canada: KineMan Subscriptions does not currently charge BC sales tax, due to the ‘Small seller’ exemption of the BC tax code, however, this may change at any time.]

Price changes: We reserve the right to change prices for KineMan Pro subscriptions at any time. These changes will apply only for future purchases; they will not affect any subscriptions for which you’ve already paid. In particular, if we reduce the price for any subscription, you will not be eligible for a refund. Similarly, if we add, remove, or change the features provided with a subscription, after you’ve paid for it, you will not be eligible for a refund.

Refund Policy: All sales of KineMan Pro subscriptions are final. KineMan Pro subscriptions are not refundable, under any circumstance. You must determine before you subscribe whether KineMan Pro meets your needs, and whether it is compatible with your computer resources (hardware, operating system, browser, and other requirements). We cannot be responsible for ensuring that KineMan Pro will continue to work if you make any changes in your computer hardware or software.

To assist you with your preliminary evaluation, we offer Free Trials which allow access to all the features covered by our subscriptions. Furthermore, much of the basic functionality (including webgl and 3D graphics capabilities of your browser) can be evaluated using the KineMan Basic edition (Click to start). If you have questions regarding the features, capabilities, or limitations of KineMan Pro that are not evident from a Free Trial, you should contact us before committing to a purchase.