TERMS & CONDITIONS

Please read the Terms and Conditions of Use (the "Terms of Service") carefully before accessing or using this Site. LAST UPDATED: 04/20/2010



ACCEPTANCE

Please be aware, that by browsing this Site and downloading Materials, you agree to and are bound by the Terms of Service.
SKAmotion may change the Terms of Service from time to time at our sole discretion. Your continued access or use of the Site constitutes your acceptance of the changes. If you do not agree to the terms and conditions, please discontinue using this site.



DEFINITIONS

  1. "Content" means all downloads, animation files, models, textures, tutorials, words, images, graphics, videos, content, software, code, programs and products made available via the Site.
  2. "Customer" refers to any person who purchases or downloads SKAmotion content.
  3. "Services" means all services and resources offered or enabled by the Site.
  4. "Valid License" any license rights relating to Content For Sale via SKAmotion are contingent upon the transfer of money from the Customer to the Seller. All license rights terminate immediately and without notice if a sale is reversed for any reason.
  5. "Seller" refers to the submitting individual or business who publishes Content at SKAmotion.

COPYRIGHT

SKAmotion remains the original copyright holder of all content provided. Do not use any SKAmotion images or writings without expressed, written consent by the copyright holder. Use of the content inconsistent with these terms and conditions is prohibited and considered an infringement of the copyrights of the holders.



OFF-SITE LINKS

SKAmotion may contain links to other web sites. SKAmotion cannot, and will not be held responsible for the privacy practices, or content of any web site other than our own.



USE OF SKAMOTION CONTENT

Ownership
Unless explicitly provided for in custom license terms set forth in the area provided by SKAmotion and which must be subject to acceptance by Customer before or at the point of sale, SKAmotion retains copyright in Content purchased or downloaded by any Customer. In using the SKAmotion Website you agree that any additional EULA, license, custom license, or Seller requirements inserted into content in any area outside that explicitly provided by SKAmotoin are invalid, and without effect as they relate to those purchases.


Licence
By purchasing or downloading Content from this site, you are granted a non-exclusive, non-transferable, worldwide, royalty free license to use, manipulate, publicly perform, publicly display, and digitally display the Content. †This is a license, and not a transfer of any intellectual property rights in the Content. †You may not, in any way or manner, sell or redistribute the Content. †You agree not to personally or allow any third party to decompile, reverse engineer, disassemble, or create derivative works based on the Content.


Rights Granted.
For any Sellers who provide SKAmotion with any type of Content for free distribution or sale, the following terms apply: Seller hereby grants to SKAmotion, and by the act of delivering Content to us, grant a non-exclusive, worldwide, license in any medium now known or hereinafter invented to: (a) reproduce, set prices for, sell, and distribute net proceeds from any sale, in whole or in part on Sellerís behalf; and to publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes; (b) create and use samples of the Content for the purpose of demonstrating or promoting Seller products or services or those of SKAmotion; (c) use any trademarks, service marks or trade names incorporated in the Content in connection with Seller material; and (d) use the name and likeness of any individuals represented in the Content only in connection with Your material.

The Seller grants to the Customer who either purchases license rights to Content via a Valid Sale, or downloads freely available Content submitted by the Seller, a non-exclusive, worldwide, license in any medium now known or hereinafter invented to: (a) reproduce, post, promote, license, sell, publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes; (b) use any trademarks, service marks or trade names incorporated in the Content in connection with Seller material; and (c) use the name and likeness of any individuals represented in the Content only in connection with Your material. The Member license to Content in this paragraph is limited to Incorporated Content. Such use or republication, including sale or distribution of Content that is not Incorporated Content is prohibited. For illustration, approved distribution or use of Content as Incorporated Content includes, but is not limited to:
(i) As rendered still images or moving images; resold as part of a feature film, broadcast, or stock photography.
(ii) As purchased by a gameís creators as part of a game if the Content is contained inside a proprietary format and displays inside the game during play, but not for users to re-package as goods distributed or sold inside a virtual world.
(iii) As Content published within a book, poster, t-shirt or other item.
(iv) As part of a physical object such as a toy, doll, or model.


You may not access or attempt to access any Content that you are not authorized to access or make available any files containing Content which you do not own or control or which infringe the intellectual property rights of others.

WARRANTIES AND DISCLAIMERS
THE SITE, SERVICES AND CONTENT, ARE PROVIDED BY SKAMOTION UNDER THESE TERMS OF SERVICE "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SKAMOTION MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE OR CLIENT APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR USE OF CLIENT APPLICATION WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE OR WITH THE CLIENT APPLICATION WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE OR CLIENT APPLICATION WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

LIMITS
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. SKAMOTION WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE.