Welcome in Modifile.com!
This document contains the full text of "Modifile.com platform Terms and Conditions" applicable to the use of the services offered through the website www.modifile.com.
Modifile.com is the property of Modifile sole trader.
By registering as a User and using the services offered by Modifile.com, you agree to completely and unreservedly accept the present "Modifile.com Access and Service Terms and Conditions" which we therefore ask you to read carefully.
Please read these Terms carefully before you start to use our Website, as these will apply to your use of our Website. We recommend that you print a copy of this for future reference. By using our Website, you confirm that you accept these Terms and that you agree to comply with them.
If you do not agree to these Terms, you must not use our Website.
1. INFORMATION ABOUT US
The Website www.modifile.com is operated by Modifile trading as Sole Trader, Italian Start- up, VAT registration number 04479850275, based in Venice, Giudecca 392.
2. CHANGES TO THESE TERMS
You have the right to disable your registration and your account if you do not agree with the changes made.
Any nullity, voidability or ineffectiveness of one or more clauses of the "Modifile.com platform Terms and Conditions " will not extend to the remaining clauses.
3. CHANGES TO OUR WEBSITE
We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
4. ACCESSING OUR WEBSITE
Our Website is made available free of charge.
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Website.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms, and that they comply with them.
Without prejudice to the provisions of the current law, you agree to relieve Modifile.com from any damages arising out of sudden interruption of the services offered or disavowal and / or loss of data due to force majeure (as an example and not exhaustive: blackouts, fires, explosions, earthquakes, disasters, floods).
5. ACCOUNT AND PASSWORD
If you are provided with an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form.
You are entirely responsible for maintaining the confidentiality of your password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
We will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. We have the right to disable if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
6. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner that could damage, disable, overburden, or impair any of our servers, or interfere with any other party’s use and enjoyment of the Website.
7. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in our Website, including the domain name www.modifile.com and the material published on it, such as text and images, are protected by copyright laws and treaties and any other law protecting intellectual property rights and all similar or equivalent rights or forms of protection around the world. All such rights are reserved and you may only use the content of our Website according to these Terms.
8. SERVICE DESCRIPTION
After creating an account on our Website you will be able to:
-purchase the Design Files of your choice and modify the parameters, as we allow;
-download the Design Files and use it in accordance with the Terms of Licence (Commercial or Non-Commercial) under which it is made available to you;
- access to the Control Panel and use the tools it contains, if the type of License purchased allows it to you.
Each Design Files displayed on our Website is made available to you under the Terms of Licence (the “Licence”), which each User must accept before proceeding with the purchase and which will be sent by email (only for the Commercial Licences) to the address indicated during the registration.
You shall not use the Design Files in any way not allowed by the Licence. Any use of the Design Files which is not in accordance with the relevant Licence, including modifying, create derivative works from, or commercialise, is a breach of the author’s intellectual property rights.
9. USE OF OUR SERVICES
Modifile.com is a web platform that allows you to purchase, edit, download Design Files (Design Documents) in digital format, protected by copyright to which the holders of this right associate Licenses for use and commercialization exclusively for the product materially realized. The protection of Design Files takes place through "timestamp”.
Following the registration and creation of an account, the user who will release their data, will be de facto the holder of that account. Purchasing a License will be therefore the only concession holder with the right to access at his personal Control Panel. The concession for the sale of the product materially realized will be stipulated exclusively between Modifile.com and the account holder.
Following a possible identification by us of access abuse to the personal Control Panel (by way of example, multiple access with different IP numbers) a first block of access to the personal Control Panel will be performed. If we find a second attempt of abuse, the account will be closed in a irrevocable way.
10. USER OBLIGATIONS
The User is required to keep a copy of the License Agreement relating to each Design File purchased. The User is responsible for renewing the License for each Design File purchased. The User is required to keep a copy of the design documents relating to each Design File purchased. The User undertakes to relieve Modifile.com from now on for any liability connected, directly or indirectly, with the contents for which it requires a License. In any case, the User agrees not to request a License for content contrary to the rules, public order, morality and / or rights of third parties.
If you are using our services on behalf of a business, you confirm that you have authority to bind any business on whose behalf you use our services.
11. OTHER CONTENT ON OUR WEBSITE
With the exclusion of the Design Files, the content of our Website such as text, software, logo, graphic, sound or image (“Content”) is made available to you subject to these Terms.
You may not copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or commercialise any Content obtained from our Website unless and to the extent that these Terms allows you to do so.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use.
You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any Content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any Content in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
12. LIMITATION OF OUR LIABILITY
We will not be liable to any user for any loss or damage (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• Use of, or inability to use, our Website;
• Use of, inability to use any Design Files or Content made available on our Website.
If you are a business user, please note that in particular, we will not be liable for:
• Loss of profits, sales, business, or revenue;
• Business interruption;
• Loss of anticipated savings or investment;
• Loss of business opportunity, goodwill or reputation;
any indirect or consequential loss or damage;
guarantee that the products are suitable for your purposes.
You acknowledge that our Website, like other internet applications, may be subject to attacks from third parties that may harm you, such as dissemination of computer viruses, spams, and attempts to gain unauthorised access to our systems (“Attacks”). Although we implement security measures designed to protect our systems from Attacks, we do not guarantee the prevention or detection of Attacks to our Website.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website.
14. LINKING TO OUR SITE
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of the Content on our Website other than that set out above, please contact us.
15. APPLICABLE LAW
These Terms, its subject matter and its formation (and any non-contractual disputes or claims), are governed by Italian law.
You and we both agree to that the courts of Venice will have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with Terms (including any non-contractual disputes or claims).
Thank you for visiting our Website.
© 2018 Modifile.com All rights reserved
Last Update: May 2018