Terms of Business for Purchasers of Rigs.
The rig you are going to buy is for teaching, learning and showreel animation and is not for use for commercial purposes so I wanted these Terms of Business to be as simple as possible whilst giving you the right amount of information so that you know your rights when entering into this contract to buy a rig. Please note that when the term “rig” is used in these Terms of Business it refers to a single rig or more than one rig.
You are buying digital content in the form of an armature which can be used as a tool for creating your animation.
I am Julia Young, a professional rigger and you are contracting with my limited company Juliaanimation Ltd, registered office: Aysgarth, Highbury Street, Coleford, Radstock, Somerset BA3 5NT, trading as CelAction Rigs.
The total price for each rig is:
a) Listed on each rig’s product page and if you are buying from outside the UK then the exchange rate will be calculated at the market rate set on the day on which you purchase the rig.
b) This is a one off payment and subject only to the terms of the licence agreement set out below, you are free to use the rig you buy indefinitely.
c) Once purchased, your rig will not be updated by CelAction Rigs although the rigs on this website will from time to time be updated. If you want an updated version it will be necessary for you to buy the updated rig on these terms.
d) Payment is made by credit or debit card and is handled by Stripe.
The contract for you to buy a rig is made when you complete checkout of your order and in so doing you are taken to have accepted these terms of business as governing the contract. Once checkout is complete you will receive an email with a link for you to download your rig.
RIGHT TO CANCEL
a) You have the right to cancel this contract within 14 days without giving any reason.
b) The cancellation period will expire after 14 days from the day after you pay for the rig but to include weekends and English Bank or other Public holidays.
c) To exercise the right to cancel, you must inform CelAction Rigs, by emailing me at celactionrigs@gmail.com of your decision to cancel this contract by a clear statement.
d) We will communicate to you an acknowledgement of receipt of such a cancellation by e-mail without undue delay.
e) To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION
a) If you cancel this contract, we will reimburse to you payment received from you in full.
b) We will make the reimbursement without undue delay, and not later than 14 days after we receive notification of your wish to cancel.
c) We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
d) It is taken on trust that after a refund you will destroy your copies of rig files.
REFUNDS FOR DEFECTIVE GOODS.
In the unlikely event that you find a rig to be defective in any way then nothing in these terms of business affects your legal rights. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. However, as this is a learning and teaching product then it is possible that you are simply experiencing difficulty in utilising the rig. We will work with you to try and correct the issues you are experiencing but if they cannot be resolved to your satisfaction within 21 days of you notifying CelAction Rigs of the problem we will refund your money.
SUMMARY OF YOUR KEY LEGAL RIGHTS
When you buy a rig it is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
a) If your digital content is faulty, you're entitled to a repair or a replacement.
b) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
c) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
LICENCE AGREEMENT
PARTIES
Juliaanimation Ltd incorporated in England with company number 09930577 whose registered office is Aysgarth, Highbury Street, Coleford Radstock, Somerset BA3 5NT trading as CelAction Rigs (Licensor) and
You as the Purchaser (Licensee)
BACKGROUND
A. The licensor is the owner of the Content (as described in Schedule 1 below) and the Licensee wishes to use the Content for the purposes of learning, teaching or producing a showcase reel of their own work.
B. The Licensor had agreed to license the Licensee to use the Content for the purposes set out in (A) Above on terms of this agreement.
AGREED TERMS
DEFINITIONS AND INTERPRETATION
The definitions and rules of interpretation in this clause apply in this agreement.
Business Day: a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Confidential Information: any information (including, without limitation, in written, oral, visual or electronic form, or on tape or disk) which is not publicly available including, but not limited to, any information specifically designated by the disclosing party as confidential; any information supplied to the disclosing party by any third party in relation to which a duty of confidentiality is owed or arises; and any other information which should otherwise be reasonably regarded as possessing a quality of confidence. This includes know-how and information about design, development, specifications, manuals, instructions, customer lists, sales, marketing, promotion, distribution, business plans, forecasts, and technical or other expertise.
Content: all content including armatures, text, information, data, software, executable code, images, audio, or video material in any medium or form provided by the Licensor to the Licensee, as described in Schedule 1.
Control: the beneficial ownership of more than 50% of the issued share capital of a company or the legal power to direct or cause the direction of the general management of the company, and controls, controlled and the expression change of control shall be construed accordingly.
Delivery Date: the date the Licensee paid for Content.
Delivery Materials: the materials comprising the Content, in any electronic or physical form, to be delivered by the Licensor to the Licensee, as described in Schedule 1.
Intellectual Property Rights: patents, rights to inventions, copyright and [neighbouring and] related rights, [moral rights,] trademarks [and service marks], business names and domain names, rights in get-up [and trade dress], goodwill and the right to sue for passing off [or unfair competition], rights in designs, [rights in computer software,] database rights, rights to use and protect the confidentiality of, confidential information (including know-how [and trade secrets]), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Licence Period: the period from the Delivery Date until the Licensee ceases to use the Content.
Licensed Products: the products sold which include or use the Content, bought of CelAction Rig’s website.
Purpose: for learning, teaching, or producing a showcase reel of the Licensee’s own work.
Reserved Rights: All rights in or in relation to the Content that are not expressly granted to the Licensee under this agreement including any and all Derivative Works and any other right (whether known now or created later, and whether or not in the contemplation of the parties at the time of this agreement.
2. GRANT OF A LICENCE
2.2 The Licensor hereby grants to the Licensee a non-transferable, sole Licence to use the Content during the Licence Period for the Purpose.
2.3 The licence granted to the Licensee is strictly limited to, and the Licensee shall use the Content solely for the Purpose.
2.4 The Licensee shall not grant sub-licences in whole or in part of any of the rights granted under this agreement.
2.5 The Licensor may require the removal of or editorial revision to any of the Content licenced to the Licensee under this agreement at any time in the event the Licensee uses the Content to make unlawful, illegal or immoral images or content, or if the Licensee uses the Content in a way which infringes the Intellectual Property of a third party and if so required, the Licensee agrees to effect that removal or edit immediately on the receipt of the emailed request or within up to 12 (twelve) hours of receipt of the emailed request at the latest.
3. LICENSOR’S OBLIGATIONS AND RIGHT
3.1 The Licensor expressly retains the Reserved Rights for its own and third party exploitation.
3.2 The Licensor retains ownership of all Intellectual Property Rights in the Contents.
3.3 The Licensor may develop, market, sell and promote derivative works and may exploit the Content in any medial, format or products and for the purpose other than the Purpose.
3.4 The Licensor may require the Licensee to cease all use of the Content if it reasonably believes that the Licenses use of this Content infringes the Intellectual Property of a third party or breaches any applicable law or regulation or is being used for unlawful, illegal or immoral purposes and thus terminate the contract without penalty.
4. LICENSEE’S OBLIGATIONS AND RIGHTS
4.1 The Licensee shall comply with all applicable laws in performing its obligations and exercising its rights under this agreement.
4.2 The Licensee shall obtain at its own cost, all clearances, consents and provision from third parties that are required in connection with its exploitation of the Content and shall pay any applicable fees and royalties to any relevant collection societies according to their rules.
5. WARANTIES
5.1 The Licensee warrants that the Content does not infringe any third parties Intellectual Property Rights.
5.2 The Licensee warrants that its use of the Content in the Licenced Products:
a. will not infringe any third party’s Intellectual Property Rights
b. Is not defamatory, libellous, obscene, or otherwise unlawful or illegal
c. does not contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that ate intended to damage, detrimentally interfere with surreptitiously intercept or expropriate any system, data or personal information.
6. TERMINATION
6.1 Without affecting any other right or remedy available to it, the Licensor may terminate this agreement with immediate effect by giving 14 days’ notice to the Licensee if:
a. The Licensee commits a material breach of any term of this agreement
b. The Licensee challenges or disputes the Licensor’s ownership of to rights in the Content
c. On Termination of this agreement:
i) All rights and authorisations granted by the Licensor to the Licensee under this agreement shall automatically terminate and immediately revert back to the Licensor.
ii) The Licensee shall immediately cease to use the Content and according to the Licensor’s instructions shall destroy all Content in the Licensee’s possession and its control including from back-up systems and any cached Content within the Licensees’ control.