Premise
1. These General Conditions of sale is apply to purchases made through the website www.modifile.com by Professional Buyers, defined and identified as follows:
2. The Customer declares to have ascertained that products and/or services meet their needs and for each product and/or service have received a preventive and complete description of the features and functionality.
3. Through the purchase, the Customer acquires the right not exclusive, to use the file(s) referred to in this agreement for commercial purposes and/or for personal use (depending on the type of License purchased) The Customer does not have the right to grant sub-licenses of the design without the prior written consent of the Licensee.
4. The Commercial License agreement will take effect upon approval and through acceptance of this agreement and will last for 1 year (365 days). On the other hand, there are no restrictions on the duration of the Non-Commercial License agreement.
5. In recognition for the provisions of this agreement, Licensee will pay the Licensor a money consideration in the amount of the fee shown in the Site catalogue for each item and/or service selected for the production and/or marketing of the physical product.
6. It is forbidden for the Customer to use the design in ways other than those specifically and strictly authorized by this agreement (together with the documents referred to it);
it is forbidden for the Customer to deposit and/or use distinctive signs or designs that are the same or mistakable with the distinctive signs of the Seller and/or models that can be mistakable with the design object of the present agreement.
The Customer undertakes not to transfer the purchased material to third parties, while at the same time securing his personnel who have access to this information for the performance of their duties.
7. The Customer acknowledges that the Digital Content belonging to the catalogue of the Site as well as the software necessary for the provision of the marketing service of the Digital Content (the "Software") are owned by Modifile and/or its assignors and/or Modifile licensed, may contain confidential information and are protected by copyright. The use of Digital Content and Software must in any case take place exclusively within the limits permitted by these General Conditions (together with the documents referred to it) and in full compliance with all rights, including copyright and, in general, intellectual and industrial property rights, as well as any applicable law and regulation.
The Customer, therefore, will remain the only responsible in relation to any claims made by third parties due to improper use of the Digital Content and/or Software and for the violation of intellectual or industrial property rights or other third party rights, as well as for the violation of all applicable provisions in force, relieving Modifile from any responsibility.
8. The Customer acknowledges and accepts that on the Digital Content may be present technological protection measures pursuant to and for the purposes of the Copyright Act (Law No. 633/41), consisting of devices and/or components that are intended for prevent or limit unauthorized acts from the holder(s) of the rights; they may also be provided with electronic information on the rights regime indicating the terms and conditions of use of the Digital Content, the author of the work or any other holder, as well as the numbers or codes that represent such information or other elements of identification.
Any use of the Digital Content not provided is expressly prohibited and is penally sanctioned, especially anyone illegally duplicates, reproduces, transmits or disseminates in public, sells, rents, assigns for any reason, cast in public with any proceedings for works or parts of protected works, and also removes or alters the technological protection measures and / or electronic information referred to above. For in the above mentioned violations the penalties provided apply will be following art. 171, 171-bis, 171-ter, 171 septies, 171 octies, 174-bis and 174-ter of the law 633/1941.
9. Modifile will process the personal data entered on the Website by the Customers as an independent Holder. Before registering, the Customer will read the information on the processing of personal data provided by Modifile and may provide the relative consent.
10. Modifile guarantees that the file (s) in question of the present agreement, are of its exclusive property and are not burdened by any real or personal constraints in favor of third parties.
Modifile also guarantees that the design in question of the license is the result of an autonomous and original processing and that all intellectual property rights remain the exclusive property of the author.
11. No responsibility will arise for Modifile in case of damages or malfunctions related to the physical realization for the project in question of the present agreement.
The only possibilities of modification applicable to the project in question of the present agreement are exclusively those provided by the Site Software.
Given the digital nature of the product, it's no foresee any refund or right of withdrawal. Once completed, the purchase is to be considered full-fledged completed.
12. The rights and obligations arising under this agreement (together with the documents referred to it) are not transferable to third parties without the prior written consent of the other party. If any provision of this agreement is declared invalid this statement will not affect the validity of all other provisions of this agreement.
The parties declare to have full knowledge of the exact content of all clauses of this agreement and its annexes, they acknowledge that they have freely and fully negotiated with each other, and approve them specifically and in their entirety. Any modification of the present agreement can be make and can be proved only by a written act.
13. These General Conditions are governed by Italian law and are aimed at purchases made by Professional Buyers, ie customers who carry out commercial or professional activities. For this reason, these General Conditions are also governed by Legislative Decree 206/2005 ("Consumer Code") as applicable.
Without prejudice to the applicability of the mandatory provisions of law aimed at protecting consumers in reference to the competent court, any controversy not related to consumers, in any case connected to these General Conditions, will be devolved to the exclusive jurisdiction of the Court of Venice.