Terms and Conditions of Use
Terms and conditions for the use of 4-clip.com
Definitions. The following words and terms when used herein shall have the following meanings unless the context clearly indicates otherwise. Use of the singular includes the plural and vice versa, depending on the context. The titles used in this Agreement are for convenience and of reference only, it shall not in any way affect the interpretation of the provisions of this Agreement
Prices and payments
Warranties and Limitation of Liability
Client: the natural or legal person who or which has registered at the Website and/or has provided 4-clip with an order for Services (hereinafter also referred to as'' You'').
- 4 Flying: 4 Flying Srl, Campagnola di Zevio - VR - Italy (hereinafter also referred to as ‘"We”), the legal person who has accepted the registration and/or the order referred to under 1. or who has made an offer or quotation preceding a possible order..
- 4-clip: 4-clip.com (hereinafter also referred to as ‘'the site’' or “the portal”), is the website owned by 4 Flying Srl through which we provide the services.
- Services: generating clipping paths, masking of images, and other image and graphic services provided by 4-clip as advertised on the Website and in other promotional tools.
- The services purchased via the website www.4-clip.com are provided by 4 Flying Srl
- By using this website and the services you agree to be legally bound by these terms, which shall take effect on the date on which you first accessed the website. If you do not agree to be legally bound by all the following terms please do not access or use this website or use our services.
- We may change these terms at any time, however, you will be able to access these changes from the website. It is your responsibility to regularly review these terms to be aware of any changes. If you continue to access or use the site after the terms have been changed, we will consider that you agree to be bound by these terms, including changes.
- If any part of this Agreement is held invalid or unenforceable, that part will be enforced to the maximum extent permitted by law and the remainder of this Agreement shall remain in full force. In the event of a conflict between these Terms and Conditions of Service and any other statement on the website 4-Flying.com or 4-clip.com, these Terms and Conditions shall have the priority.
- Any other terms and conditions or provisions proposed by the customer, either orally or in writing, shall have no effect and the services provided by 4 Flying does not constitute acceptance of these terms and conditions or provisions, in less than 4 Flying has not expressly accepted these terms and conditions or provisions in writing.
- The customer is not entitled to assign or transfer to any third party any rights or obligations under these terms and conditions.
- It is required to use this website and services offered only for lawful purposes and in a way that does not infringe, limit or inhibit the rights of third parties. This restriction includes, without limitation, any unlawful conduct, infringement of intellectual property rights of third parties; conduct which causes discomfort, inconvenience or nuisance to persons or interruption of the functioning of the site.
- We will not be liable for any indirect, incidental, special or direct consequential damages. This includes, without limitation and even if we have been advised of the possibility thereof, any damages for loss of goodwill and all other damages or losses, including loss of profit, resulting from the use of, or inability to use our commercial services.
- To the extent permitted by law, we do not accept any liability arising from or in relation to the accuracy or completeness of the content of the website or any other information, however offer. The information and other materials included on this site may contain inaccuracies and typographical errors. We do not guarantee the accuracy or completeness of the information and materials or the reliability of any statement or information displayed or distributed through the website. You acknowledge that any reliance on any such statements or information are at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the web site and to make changes to the site and to the materials, products, programs and services described in this site at any time without notice.
- The United Nations Convention on Contracts for the International Sale of Goods (Treaty of Vienna of 11 April 1980, Treaty Series 1981, 84 and 1986, 61) is not applicable to these terms and conditions.
- 4 Flying will provide the services (the use of which is entirely at your own risk) for the prices as mentioned on the Website if the Client is Able to deliver the image (s) as a graphics file or files JPEG, GIF, PNG, EPS, BMP, PSD or TIFF format up to a maximum of 200MB each.
- In connection with the Services, 4 Flying will automatically delete all image(s) if the Client is not able to deliver the image(s) to 4-clip in a format as mentioned under paragraph 16 above. Furthermore 4-clip reserves the right to refuse (an) image(s), if the image(s) do(es) not meet the quality standards/requirements needed for the Services..
- We work to ensure that the processed images are to the quality standard that our customers expect from 4 Flying through the service 4-clip. The returned image (s) will be deemed accepted by the customer upon receipt unless errors or disputes relating to image processing are communicated through the support form in your account or by email at email@example.com within five (5) days of receipt. It will be sole discretion of the team of 4-clip the re- execution of the services provided to correct this error . The customer can review the corrected image and accept or reject it in accordance with the package of services purchased . This process can be repeated up to a maximum of 3 times following the rules described in paragraph 20 and 21. 4 Flying erase all the images from his system fourteen (15) days after their respective acceptance.
- If the customer does not add notes or requests services purchased via the website, the services will take place following the usual standards.
- By the usual standards, as described in paragraph 19, the customer has the right to refuse the picture on the website, up to a maximum of three times, without having to pay extra for correction phase.
- Instead of the standard services, as described in paragraph 19, the customer might include additional requirements. In this case the customer has the right to refuse the images on the site up to a maximum of once, without having to pay extra for the correction.
- 4-clip will notify the customer by e-mail when the order has been completed and the results are available for download from the website. However, 4-clip recommends that customers visit his personal account regularly, as it is possible that your emails do not reach their destination due to anti-spam, antivirus and other mail security systems.
- The acceptance of an image for processing by 4 Flying through the 4-clip.com site should not be construed as a determination of its rights to use the image. You represent and warrant that you own or have the full right to use and modify the material that gives us in order to use our services. Users who violate this condition shall be liable for any claim for compensation, criminal damage or loss derived from such breach.
- 4 Flying returns the processed images via a public web address (eg, URL). Although 4 Flying uses systems to protect your edited image and make it available only to you, there are security limitations inherent in a public web address that 4 Flying can not and does not intend to control and for which 4 Flying will not be responsible. You will be able to retrieve the processed images downloaded from the site 4-clip, and in addition 4-clip may allow download through an FTP server, API or other mechanism.
- 4 Flying can offer different prices and services according to different delivery dates requested. 4 Flying give priority to its orders on the basis of required delivery dates and the dates of receipt of the images.
- 4 Flying will do everything possible to deliver your image in the timeframe requested, but does not guarantee that an order will meet the required delivery date. If the actual date of delivery of the processed images appears to be in a lower price level than the price paid (for example, you paid for the guaranteed service 24 hours, but 4-clip returned the image within the 72 hours but more than 24 ), you can contact 4-clip using the form in your account page or by sending an email to firstname.lastname@example.org indicating the the order number, the image code, the delivery date and the date of actual delivery, 4-clip will refund any difference. In rare cases, particularly for large volumes it may happen that the amount exceeds the processing capacity of 4-clip for a requested delivery date, in which case the team of 4-clip will contact you to determine how best to reschedule your order.
- 4 Flying charge the customer the prices for services, as stated on the website, unless a different price agreement, expressly provided in writing by 4 Flying. All standard prices indicated on the Site are subject to change without notice.
- The price of services offered by 4 Flying through the site 4-clip is calculated in credits, the value of a credit depends on the amount of credits purchased, as determined by the price list published on the site 4-clip.com.
- The credits purchased will be valid for 12 months. With credits you can buy all the services offered by 4-clip. All payments must be made in the currency specified by the 4-clip site. At the price indicated in the price list on the website will be added the VAT if the user or the legal entity that purchases the credits will be resident in Italy and subject to VAT. You are responsible for paying any applicable taxes, duties or tariffs relating to order sent, excluding 4 Flying income taxes.
- The validity of the remaining credits may be extended for a further 12 months before the deadline if you purchase a minimum order of other 6 credits. Overdue credits are non-refundable.
- Upon confirmation of your order if there are not enough credits on your account, the order will not be confirmed and you will be prompted to purchase credits required to complete the purchase and confirm your order.
- You will be solely responsible for any sending of inappropriate or non-compliant service package purchased, 4 Flying reserves the right, in its sole discretion to refuse any picture for any reason or no reason, 4 Flying immediately contact the customer to assess the case and proceed with the execution of the order..
- 4 Flying may consider extending a line of credit for regular customers with continuous high-volume orders, in which case 4 Flying invoice to those customers on a monthly basis.
- Apart from the terms of payment, all other terms of this Agreement shall apply to any free trial. Free trials are limited only to product images (eg, no pet, person, logos or landscape images) and will not be accepted automated uploads (eg, more free trial from the same IP address).
- By submitting an image to 4 Flying through 4-clip.com you state and warrant that you have the legal authority to enter into this Agreement, you have the right to use any credit card or other payment means used to execute any transaction, that all the pictures you send to 4 Flying through 4-clip does not contain materials that can harm 4 Flying or 4-clip (such as harmful software code or viruses) , and grant to 4 Flying a non-exclusive , worldwide, transferable , (more levels , royalty -free sublicense, including but not limited to subcontractors or suppliers of 4 Flying) perpetual, irrevocable under all intellectual property rights worldwide license (including but not limited to copyrights , trademarks , trade secrets, moral , publicity and privacy rights) , to reproduce, modify, edit , distribute ( through multiple tiers), publicly perform and display and otherwise use the picture as reasonably necessary to 4 Flying and its subcontractors to perform the services required in this site. You agree to indemnify and hold harmless 4 Flying, its subcontractors, licensors and affiliates and their directors, officers, shareholders, employees and agents from any and all claims, liabilities and expenses (including without limitation attorney's fees) arising directly or indirectly from a breach of this Agreement.
- IN ANY CASE 4 Flying and its suppliers will be liable for any loss or any special, incidental or consequential, direct or indirect damages resulting from the failure to perform due to force majeure, natural disasters, strikes, shortages of labor, acts of civil or military authorities, fires, floods, epidemics, quarantine, energy crisis, war, riot or discontinuation of production of 4 Flying or its licensors suppliers or subcontractors for any reason beyond the reasonable control of 4 Flying, damages of any kind, including, but not limited to, loss of profits, savings, revenue or goodwill, however caused, whether for breach or rejection of contract, breach of warranty , negligence or otherwise, on any theory of liability, even if 4 Flying or a licensor or a subcontractor 4 Flying have been advised of the possibility of such loss or damage. Subject to the other provisions of this Agreement, the liability of 4 Flying and / or its suppliers or subcontractors will be limited to the total payment for the services performed. In no case 4 Flying and its suppliers or subcontractors will be liable for the cost of providing substitute goods or services .
- The parties acknowledge that 4 Flying has set its prices as a result of the limitations of liability and disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties.
- This Agreement shall be valid from the date of sending an image to 4 Flying through 4-clip.com portal or FTP connected and up to the date that the image returned is deemed to be accepted. 4 Flying may terminate this Agreement at any time and return any amounts paid for any image that has not worked and 4 Flying may or may not at His sole discretion, return the amounts paid for but not yet processed images deemed accepted, as by paragraph 16 of this Terms of Service document.
- CONFIDENTIALITY: Both parties agree to keep confidential all information of confidential nature (including trade secrets and proprietary information) that can be communicated to them by the other party in accordance with these terms and conditions. Both parties further agree that they shall not, without the prior written consent of the disclosing party, use confidential information for their own purposes or disclose it to third parties except for the execution of the services, provided that the receiving party at the time of disclosure shall have no obligation under this Article if such information is already in the public domain or already known to the receiving party.
- This Agreement will be binding, and takes effect to the benefit of the Successors and Transferee of 4 Flying. This Agreement is translated from Italian and will be governed by and construed in accordance with Italian laws. In the event of any dispute or claim arising under this Agreement will be settled exclusively by the competent court of Verona.
- This agreement represents the entire agreement between the parties and supersedes all other representations.