Website Terms and Conditions of Use

You may access parts of the Website without registering. Certain areas and features are available only to registered users or to Members holding the applicable Membership tier.

You are responsible for making all arrangements necessary to access the Website, and for ensuring that everyone who accesses the Website through your internet connection is aware of and complies with these Terms.

We make reasonable efforts to keep the Website available 24 hours a day but do not guarantee this. The Website may be unavailable at any time because of server or systems failure, other technical issues, matters beyond our control, or required updating, maintenance or repair. Where reasonably practicable we will try to give advance notice of planned maintenance, but we are not obliged to do so.

We reserve the right to change, suspend, restrict or discontinue any aspect of the Website (including the availability of any feature, Content or database) at any time, subject to clause 8 (which protects Members who have paid for access).

When registering you must choose a username and password, or authenticate through a supported third-party sign-in provider. You are responsible for all activity carried out under your account.

You confirm that all details you provide for the purpose of registering are true, accurate, current and complete, and you will notify us promptly of any changes.

You agree to keep your password secure, not to disclose it to anyone, to change it immediately if you believe it has been compromised, and to notify us promptly of any unauthorised use of your account.

You must not transfer or sell your account, username or password, or permit anyone other than you to use them, except as expressly permitted under a Studio, Education or other multi-seat licence agreed with us in writing.

To register for an account and to purchase a Membership you must be at least 18 years of age and legally capable of entering into a binding contract.

The Website contains artistic figure reference, including images of the unclothed human form intended for the study of anatomy and art. By registering you confirm that you are 18 or over and that such material is lawful to access in your jurisdiction.

The Website provides digital access to Content. It does not involve the delivery of physical goods. Memberships are available to users worldwide, subject to applicable law and to the availability of supported payment methods in your country.

Memberships. We offer paid Memberships at the tiers and prices shown on our pricing page at the time of purchase. The features and Content included with each tier are described there. Prices are shown inclusive or exclusive of applicable taxes as indicated at checkout, and may be charged in your local currency where supported.

Trials. Where we offer a Trial, the terms of that Trial (including its length and whether a valid payment method is required) will be stated at sign-up. Unless you cancel before the Trial ends, your Trial will automatically convert into a paid Membership and the applicable Membership fee will be charged to your payment method. We will make the conversion date and price clear before you start the Trial.

Automatic renewal. Memberships renew automatically at the end of each billing period (for example, annually) at the then-current price for your tier, unless and until you cancel. By purchasing a Membership you authorise us, and our payment processors, to charge your payment method on each renewal date. We will give you reasonable advance notice of any change to your renewal price.

Cancellation by you. You may cancel your Membership or Trial at any time through your account settings or by contacting us at support@bodiesinmotion.photo. Cancellation takes effect at the end of your current Trial or billing period. You will retain access until that point. We do not provide pro-rata refunds for the unused part of a billing period except where required by law.

Immediate access and cancellation rights. Because a Membership provides immediate digital access, where you have a statutory right to cancel (for example, the 14-day right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013), you expressly request that we begin providing access immediately and acknowledge that you will lose that statutory cancellation right once access has begun. This does not affect your other statutory rights.

Refunds and faulty content. Digital access is generally non-refundable once it has begun, save that nothing in these Terms excludes your statutory rights, including your rights under the Consumer Rights Act 2015 where digital content is not of satisfactory quality, not fit for purpose, or not as described. We may also offer refunds at our discretion.

Failed payments. If a renewal payment fails, we may suspend or downgrade your access until payment is successfully taken. We may retry the payment and update card details automatically where your card provider supports this.

Existing subscribers. Members who held a subscription before any change to our pricing or tier structure will be dealt with in accordance with the transition terms communicated to them at the time of the change.

Price changes. We may change Membership prices from time to time. Any change will apply to your next renewal after we have given you reasonable notice, and you may cancel before the change takes effect if you do not accept it.

A standard Membership is personal to you and grants access to one individual only. You must not share your account credentials with, or allow your Membership to be used by, any other person.

Concurrent or shared use by multiple individuals, and use by an organisation or its staff or students, requires a Studio, Education or other multi-seat licence agreed with us in writing. Please contact info@bodiesinmotion.photo for these arrangements.

We may suspend or terminate accounts where we reasonably believe credentials are being shared or a Membership is being used in breach of this clause.

The Content and the Website are protected by copyright (including design rights), database rights, trade marks, and other intellectual property and proprietary rights, whether registered or unregistered, in the United Kingdom and worldwide. The intellectual property rights in the Content remain with us or our licensors at all times.

Subject to your compliance with these Terms and (where access is gated) holding the applicable Membership, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and view the Content, and to use it solely as reference for your own personal, non-commercial study and creation of artwork.

You may retrieve and display Content on screen and, where a feature expressly permits, download Content for your own personal, non-commercial reference use, provided you keep intact all copyright and proprietary notices. You must not store Content on any server or storage device connected to a network for redistribution or shared access.

Except as expressly permitted in clauses 7.2 and 7.3, you may not reproduce, modify, copy, publish, display, distribute, sell, sub-licence, commercially exploit, or create derivative works from any Content, in whole or in part, without a Commercial Licence from us.

Use of Content for any commercial purpose — including in published, broadcast, advertised or sold work, or in the production pipeline of any studio, agency or business — requires a separate Commercial Licence. Please contact us to discuss commercial and studio licensing.

No licence is granted to use any of our trade marks, brand names or logos, or those of our affiliates or licensors.

Where we permanently discontinue the Website or a paid feature, or where we terminate or suspend your access other than for your breach of these Terms, we will, where required and to the extent reasonable, refund any fees you have paid for access you are no longer able to use, calculated on a pro-rata basis.

Where we suspend or terminate your access because of your breach of these Terms (see clause 18), you will not be entitled to any refund.

Reservation of rights. All Content on the Website — including all images, motion sequences, 3D scans, anatomical and figure reference, captions, descriptions, keywords and metadata, and the compilation and database itself — is expressly reserved against text and data mining, within the meaning of Article 4 of Directive (EU) 2019/790 and any equivalent or successor provision in any jurisdiction. We do not permit text and data mining of the Content.

No AI or machine-learning use. You must not use, and must not permit or enable any third party or automated agent to use, any Content (in whole or in part) to develop, train, fine-tune, validate, benchmark, evaluate or improve any artificial intelligence, machine-learning, generative or foundation model, or to create, populate, label or contribute to any dataset, corpus or index for any such purpose.

Scope. This reservation and prohibition apply to all access to the Content, including access by registered users and Members, and whether carried out by you, on your behalf, or by any bot, crawler, scraper or AI agent. They apply regardless of whether the Content is also protected by copyright or database right in the relevant jurisdiction, and they survive termination of your account or Membership.

Machine-readable reservation. Our machine-readable reservations (including in our robots directives, metadata and any applicable rights-reservation protocols) form part of, and reinforce, the reservation in this clause. Any conflict between an automated signal and these Terms is to be resolved in favour of the broader reservation.

Licensing. Any use of Content for AI training, dataset creation, or other text and data mining requires a separate written licence from us. Please contact licensing@bodiesinmotion.photo to discuss.

You may use the Website and the Content only as expressly authorised in these Terms.

A breach of clause 10.2(h), (j) or (k) may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law-enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

The Website may allow you to upload artwork or other material. You retain ownership of your Member Content.

By submitting Member Content, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt (for technical purposes such as formatting and thumbnailing), and display that Member Content for the purpose of operating, promoting and improving the Website and the feature to which you submitted it. You may remove your Member Content at any time, after which this licence ends, save for copies retained in routine backups for a reasonable period and any use already made before removal.

You warrant that you own or have all necessary rights to your Member Content, and that it does not infringe the rights of any third party or breach any law. You agree not to upload material that is unlawful, infringing, obscene, defamatory or otherwise objectionable.

We do not endorse, and are not responsible for, Member Content, and we may remove or refuse to display any Member Content at our discretion.

You must not use Member Content uploaded by others except as the Website expressly permits.

We will review valid notices and may remove or disable access to the material concerned. We may also pass your notice to the user who provided the material.

“BODIES.art”, “Bodies in Motion”, and our logos and brand names are trade marks of, or are used under licence by, Eaton Media Limited. Third-party names and marks appearing on the Website are the property of their respective owners and are used only with permission or as permitted by law.

Nothing on the Website grants any licence or right to use any trade mark without our prior written permission or that of the relevant owner.

It is your responsibility to ensure that any Content, feature or information available through the Website meets your requirements.

We attempt to ensure that information on the Website is accurate but do not warrant that it is complete, current or error-free. All images, descriptions and specifications are provided for general reference only. Prices and offers are valid only at the time they are published and supersede previous publications.

The Website is provided on an “as is” and “as available” basis without any representation, warranty, condition or endorsement of any kind, whether express, implied, statutory or otherwise, except as expressly set out in these Terms or as required by law. To the maximum extent permitted by law, we exclude all implied warranties and conditions, including those of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

We do not warrant that the Website will be available, uninterrupted, timely or error-free, that defects will be corrected, or that the Website or its servers are free of viruses or harmful components.

You bear the risks associated with use of the internet. To the extent permitted by law, we are not liable for any damage or loss caused by a distributed denial-of-service attack or by any malicious material that may affect your equipment, software or data as a result of your use of the Website or your downloading of any material from it.

Nothing in this clause affects your statutory rights as a consumer.

Subject to clause 16.1, and except in respect of our obligations to consumers under applicable consumer law, we will not be liable, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, for: any loss of profits, revenue, business, contracts or anticipated savings; any loss of goodwill or reputation; any loss or corruption of data; any wasted management or staff time; or any indirect, special or consequential loss, in each case even if foreseeable.

Subject to clauses 16.1 and 16.2, our total liability to you arising out of or in connection with these Terms and your use of the Website will not exceed the greater of (a) the total fees you have paid to us in the twelve months before the event giving rise to the liability, and (b) £100.

If you are a business, studio, agency or other non-consumer user, you agree to indemnify us, and our officers, directors, employees and suppliers, against all claims, losses, costs and expenses (including reasonable legal costs) arising out of your breach of these Terms, your Member Content, or your misuse of the Website. This indemnity does not apply to consumers and does not affect your statutory rights.

We process personal data in accordance with our Privacy Policy, which forms part of these Terms and explains what data we collect, how we use it, and your rights. Please read it carefully.

We process your data only as described in the Privacy Policy and as necessary to provide the Website and your Membership, to take payment, to comply with law, and for the other purposes set out there.

We may disclose information to law-enforcement or regulatory authorities where we are required to do so by law, or where we reasonably believe it is necessary to protect our rights, users or the public.

On termination, the rights granted to you under these Terms end, and you must stop using the Content. Clauses that by their nature should survive termination (including clauses 7, 9, 10, 11.2, 16 and 22) will continue to apply.

You may close your account at any time as described in clause 5.4.

You may link to the Website’s homepage, or to a page with visible branding, without our prior written consent, provided the link is fair and lawful, does not damage or take unfair advantage of our reputation, and does not falsely suggest any association, approval or endorsement.

The website or document from which you link must be owned by you and must not contain content that is offensive, unlawful, or infringing.

We may withdraw linking permission at any time without notice. On request you must promptly remove any link.

The Website may contain links to third-party websites and resources provided for your convenience. We do not control, endorse or accept responsibility for those websites or resources, their content, their privacy practices, or any loss arising from your use of them. You access them at your own risk.

We may amend these Terms from time to time. The current version will always be available on the Website.

For changes that materially affect your rights as a Member, we will give you reasonable notice (for example, by email or on-site notice) before they take effect. Your continued use of the Website after a change takes effect constitutes acceptance of the amended Terms. If you do not accept a material change, you may cancel your Membership in accordance with clause 5.4.

Entire agreement. These Terms, together with the Privacy Policy and any applicable licence terms, constitute the entire agreement between you and us regarding your use of the Website.

Severance. If any provision is held to be invalid or unenforceable in whole or in part, the validity of the remaining provisions is not affected.

Waiver. A failure or delay by us in enforcing any provision is not a waiver of our rights. No waiver is effective unless made in writing.

Assignment. You may not assign or transfer your rights under these Terms. We may assign or transfer ours, provided this does not reduce your rights.

Third parties. A person who is not a party to these Terms has no rights to enforce them under the Contracts (Rights of Third Parties) Act 1999.

Language. These Terms are concluded and available in English. Where we provide a translation, the English version prevails in the event of any conflict.

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by the laws of England and Wales.

The courts of England and Wales have exclusive jurisdiction, except that if you are a consumer resident in the European Union or elsewhere, you retain the benefit of any mandatory consumer-protection provisions of the law of your country of residence, and may be entitled to bring proceedings in your local courts where the law so provides.