KineMan

Interactive 3D Articulated Skeleton






KineMan Movable 3D Human Skeleton
(www.KineMan.com)
Terms of Service


Introduction

Please read this document carefully. You must consent to these Terms of Service before using the KineMan website. If you have any questions regarding these Terms of Service, please contact us by email, using the address listed below.

These Terms of Service govern your use of the websites entitled ‘KineMan Movable 3D Human Skeleton Model' (formerly: Interactive Articulated 3D Skeleton’) and 'KineMan Pro Movable 3D Human Skeleton', located at www.KineMan.com (“this Website”, “KineMan”). By using this Website, you agree that the terms of this agreement are reasonable, and you accept these Terms of Service in full. If you disagree with any part of these Terms of Service, do not use this Website.

KineMan is offered as two editions: ‘Basic’ (which provides essential functionality, and is free of charge), and ‘Pro’ (which provides advanced functionality, and is available by subscription). Both KineMan editions are covered by these Terms of Service. For the Basic edition, these Terms of Service constitute the entire agreement between you and Neosim R&D (“Neosim”) (also doing business as 'KineMan Subscriptions'), (the developer of KineMan, and owner of www.kineman.com), and supersede any previous agreements in relation to your use of its website. For the Pro edition, these Terms of Service are supplemented by the Terms of Sale (available at www.kineman.com/TermsofSale.php).

By using this Website, you certify that you are legally permitted to do so, and that you are responsible for compliance with any applicable local laws. This agreement is void where prohibited by law. In such jurisdictions, you are prohibited from using this Website.

KineMan is intended for use as a demonstration tool, for teaching & learning about biomechanical behavior of the human musculoskeletal system. Nothing on this Website constitutes, or is meant to constitute, advice of any kind.

In particular, this Website is not intended for use in diagnosis or treatment of injuries, diseases, or degeneration. It does not provide medical advice, nor is it intended for use by clinicians in making treatment decisions. If you have any medical condition requiring diagnosis or treatment, you should seek the services of qualified medical or healthcare providers.

Likewise, this Website is not intended for giving advice regarding physical training, (including but not limited to athletic, dance, martial arts), safety, comfort, or ergnomics, or any information regarding the feasibility or infeasibility of any human poses or physical motions and their consequences for performance or injury. If you require advice in any of these applications, you should seek assistance from qualified professionals in these respective areas.


1.  License to use this Website

This agreement grants you permission to download the website content and use one copy of the materials (information or software), subject to the conditions described below. This is the grant of a license, not a transfer of title.

a. Permitted Use:

Subject to the restrictions set out below and elsewhere in this agreement:

KineMan Basic is for personal use only. You may view and manipulate the graphical content of KineMan, using the user controls provided for that purpose. You may save graphical content (digital images or animations), as long as they are for personal use only.

b. Restricted Use:

i. You may not publicly present graphical content generated by KineMan Basic. This includes: static images, live demonstrations, any form of unattended or scripted operation of the website, video recordings, screencasts, animated gifs, or any type of product formed by interpolation between a series of static KineMan poses.

[Paid subscribers of KineMan Pro are allowed to publicly present graphical content generated by KineMan software. Further information is provided in the KineMan Pro Terms of Sale (under the topic Presenter License)].

ii. You may not publish or present of any graphical or textual content KineMan that offends viewers of the images, or, diminishes the reputation of the Website, its creators, affiliates, or sponsors, or other users of the site, including but not limited to poses or depictions that are suggests behavior that may be considered:

  • racially offensive
  • vulgar
  • libelous
  • physically malicious
  • pornographic
  • illegal

iii. You may not use KineMan content to provide any kind of advice. In particular, it is not meant to be used for medical diagnosis or for making decisions regarding medical treatment, nor is it meant to be used for recommending in favor or against any physical motions or postures in areas including but not limited to: athletics, dance, martial arts, safety, comfort, or ergonomics.

iv. You may not redistribute or republish material from this Website on another website, in an manner that uses the underlying software codes (html, javascript, css, and the like), including but not limited to importing whole web pages or by framing;

v. You may not sell, rent or sub-license material from this Website;

vi. You may not remove copyright notations from any materials downloaded from this Website;

vii. You may not transfer the materials to another person, or mirror the materials on another server;

viii. You may not create derivative works, or otherwise exploit non-graphic material on this Website for a commercial purpose;

ix. You may not attempt to decompile or reverse engineer any software contained on this Website;

x. You may not open, view, or download any folders or files except those that can be reached via a hyperlink provided as part of this Website;

xi. You may not edit or otherwise modify any material on this Website;

xii. You may 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 this Website without express written consent of Neosim R&D.

xiii. You may not use this website to transmit or send unsolicited commercial communications;

xiv. You may not use this Website in any way that causes damage to the Website or impairment of the availability or accessibility of the Website;

xv. You may not use the Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

xvi. You may not use this 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.


2.  Intellectual Property

Unless otherwise stated, Neosim R&D owns the intellectual property rights in this Website and material on the website. Subject to the license above, all these intellectual property rights are reserved.

The brand names and specific services of Neosim R&D featured on this web site are trade marked.

All text, graphical elements & files, provided on this Website are subject to copyright, under USA & international laws and conventions. In particular, data pertaining to bone shapes & configuration is proprietary, and is used under license, from the following providers:

Please contact these providers for if you desire bone data for use in any application outside of KineMan.


3.  No Warranties

This website is provided as is. Neosim R&D makes no representations or warranties, express or implied, in relation to this Website or the information and materials provided on this Website, or provided by any affiliates or third parties.

  1. Neosim R&D does not warrant that the service from this site will be continued, uninterrupted, fully functional, or fully accessible. Neosim, at its sole discretion, may make changes to the materials contained on its web site at any time without notice.
  1. KineMan is designed for compatibility with a limited range of computer hardware, operating systems, and application software including browsers, computer languages, file formats, and protocols. Neosim’s offering of KineMan services for any one combination of these supporting technologies in no way obligates Neosim to provide them for any other combination of available technologies.
  1. The materials appearing on this Website could include technical, typographical, or photographic errors. Neosim R&D does not warrant that any of the materials on this Web site are accurate, complete, current, true, or non-misleading.

4.  Limitations of liability

You acknowledge that you are personally responsible for your use of the services, and that you do so at your own risk.

You agree that Neosim is not liable for any harm arising from information provided on this Website that you consider indecent, morally offensive, or otherwise inappropriate, and is not responsible for any effects this Website may have on you, or actions you may take as a result of viewing or using the Website.

You agree that you are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this Website.

You agree that Neosim R&D will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this Website:

  • for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Neosim R&D has been expressly advised of the potential loss.

Neosim R&D shall not be liable for any failure to perform any obligation under this Agreement which is due to an event beyond its control, nor for any failure on the part of services required to access the website, including but not limited to electronic communications systems, web hosting services, internet services, or browser services.

Neosim disclaims all liability for damages arising out of or in connection with your use of this Website. This includes, without limitation, any loss or damage caused to your computer, computer software, systems and programs and the data thereon caused by downloading any form of malware, including viruses, worms, trojans, or any similar destructive software.


5.  Other parties

You agree that you will not bring any claim personally against Neosim R&D’s officers or employees in respect of any losses you suffer in connection with this Website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this disclaimer will protect Neosim’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.


6.  Indemnity

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


7.  Links

If you create a link to any page of this Website you do so at your own risk, and the exclusions and limitations set out elsewhere in these Terms of Service will apply to your use of this Website by linking to it.

Neosim R&D does not monitor or review the content of other party’s websites which are linked to from this Website. Opinions expressed or material appearing on such websites is not necessarily shared or endorsed by Neosim, and Neosim should not be regarded as the publisher of such opinions or material.

Neosim R&D is not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them.


8.  Privacy

This Website does not gather personal information and does not use cookies. Our affiliate partners, including google adsense, and statcounter.com, may use cookies, to track usage statistics and to target advertising. Neosim R&D makes no commitment regarding the privacy policies for these affiliates. Interested parties can obtain such information from the affiliate’s websites.


9.  Breaches of these Terms of Service

Without prejudice to Neosim R&D’s other rights under these Terms of Service, if you breach these Terms of Service in any way, Neosim may take such action as it deems appropriate to deal with the breach, including suspending your access to this Website, prohibiting you from accessing this Website, blocking computers using your IP address from accessing this Website, contacting your internet service provider to request that they block your access to this Website and/or bringing court proceedings against you.


10.  Variation

Neosim R&D may revise these terms of use for this Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms of Service of Use.


11.  Assignment

Neosim R&D may transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms of Service 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 Service.


12.  Severability & Waiver

If a provision of these Terms of Service is determined by any court 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.

Failure of Neosim R&D to enforce any of the provisions set out in these Terms of Service and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms of Service or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.


13.  Law and jurisdiction

These Terms of Service will be governed by and construed in accordance with laws of Minnesota and USA, and any disputes relating to these Terms of Service will be subject to the exclusive jurisdiction of the courts of Minnesota.


14.  Ownership & Contact Details

Neosim R&D is a sole proprietorship owned and operated by Andrew J. Barber, of Shirley, British Columbia, Canada. You can contact Neosim at the following email address: info@kineman.com

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Credit

This document was created using a Contractology template available at http://www.freenetlaw.com, with additional content from http://www.entrepreneur.com/formnet/form/1174 and http://www.houseoffusion.com/groups/cf-talk/thread.cfm/threadid:50861#273006 .