The following are the general terms (hereinafter "Terms") that govern the provision of the Service and the use of the Felix Render Site.
The User expresses his will to accept the Terms and undertakes to comply with them by doing any one of the following:
The User undertakes not to use the Service and the Site if he has not accepted every part of the Terms and undertakes to read the Terms carefully whenever he buys the Service or uses the Site.
Pursuant to and for the purposes of these Terms and of the Contract, the following definitions apply:
Felix Render set a service available through the Internet that allows to render images using:
The Server, Client, Farm, Libraries and the Database jointly constitute the service ("Service").
The User wishes to render some graphical elaborations of his own property using the Service made available by Felix Render through the Site.
Felix Render undertakes to make available to the User the Service, on the following Terms:
Felix Render will act to make available to the User the Service according to the following conditions:
The Service works as follows. The User will use the Client in order to generate the images using the Server working in the Farm.
The Client gets the data necessary to its operation from the Database.
The Client uses as a base for its elaboration three-dimensional models of the scene recorded in the format 3ds or that other format that eventually will subsequently be made available from Felix Render ("Model of Scene").
The Client works using Models of Scene already configured by the User.
The User will have therefore to use a any program for modeling (Autocad, 3dstudio Max, etc.) in order to configure the Model of Scene.
The Client allows the User to make synthetics images of the Models of Scene.
All the modifications operated in the Client become effective only when the User presses the button "Render" or "Save" that will send the data to the Server in order to record them in the Database.
The data will be stored in double copy and when they are modified in the Client the User must communicate the changes to the Server pressing again "Render" or "Save".
Typical use of the Service follows the following procedure:
The operation of the Client and the Service is described in the user manual supplied to the User available at the address indicated in the Info Area.
Once it is sent the request to the Server (pressing the button "Render" or "Save") the Server will render the images elaborated in the established order in the times and ways chosen by the Server, that depend also on the quality of the Service chosen from the User.
The time of rendering of an image depends on several factors: the resolution (and therefore the largeness of the image), the choice of the materials, the choice of the set, the complexity of the sight, etc.
Once the button "Render" or "Save" is pressed, the corresponding Credits become payable by the User. User can interrupt the rendering execution pressing the button "Force Done", but notwithstanding the above, the Credits corresponding to the passed render time will become ought.
The Farm made available to the User by Felix Render is shared with other users of Felix Render.
The rendering execution of an image that is worth one Credit will happen, according to reasonable estimation and assuming a normal distribution of the use of the Service by the User and by the other users of the Service, in a reasonable maximum period of time ("Time of Rendering").
Except in case of fraud or gross negligence by Felix Render, all responsibility is excluded for the case of delay in the rendering or the performance of the Service, or part of it. In particular, all responsibility is excluded if the delay in the rendering or the performance of the Service, or part of it, depends on:
The User acknowledges that the Info Area and, in any case, the Site contains the information relative to the working of the e-commerce system and, in particular, the following:
The User may also upload Libraries which are made available to Felix Render and the other users of the Service in accordance with the terms indicated during the uploading stage.
The User must be over 18 to register and to buy Credits and/or use the Service.
Access Codes are assigned to the User. Using Access Codes User is allowed to access the Server, the Database and the Farm.
The User must remember the Access Codes and keep secret the password, therefore the User is responsible of all the activities that will be carried out using that Access Codes.
The User undertakes to immediately communicate to Felix Render any non-authorized use of his Access Codes or eventual violations of the security measures set for Server, Database and Farm of which he is acknowledged.
The User can change the password, according to the procedures set in the Client or in the Site.
The User undertakes to indemnify Felix Render, his representatives, employees and partners, from any demand for compensation formulated as a result of activities carried out using the Service with the Access Codes of the User.
The User moreover undertakes to not use the Service for illicit purposes, in violation of the applying laws or in violation of the right of any third subject.
The User selects the option required from among the options offered and concludes the Credit purchase procedure.
There is no limit to the number of Credits which the User can purchase.
The Credits purchased may not be reimbursed for any reason.
The orders which the User sends will only be binding for Felix Render if the User receives confirmation by email that the entire order process has been completed regularly and that payment has been authorized.
The User must print the confirmation email and retain it.
None of the information contained in the Site may be considered as an offer but is an invitation to offer.
The User, signing a Contract, acquires a certain number of Credits, indicated in the shopping procedure for the price indicated in the same shopping procedure.
Felix Render reserves the right to communicate variations in the price of the Credits, that will be binding for the User 5 days after the communication.
The credits are usable by the User who can spend them as he wish for all the Service Duration.
If during the Service Duration the User buys new Credits, it will be possible to spend all the remaining Credits until the end of the Service Duration.
Each Credit corresponds to a rendering operation with a basic graphical resolution (800x400 pixels) in quality 2 processed by the Server.
By purchasing Credits and requesting the start of the rendering service, you expressly request that the service begins immediately.
You acknowledge that, as the service is performed at your request, you will lose your statutory right to cancel this contract once the rendering process has commenced, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
The User may select from among the payment conditions available on the Site.
Payment methods (or the use of different currencies) other than those available on the Site are not permitted.
The Services are sold at the prices indicated in the Site beside the various different sale options, and these change from time to time.
The price change applies from the time it is published on the Site.
The prices are in Euro and any indication of the price in another currency is for informational purposes only.
Therefore, Felix Render is not responsible for any different exchange rates applied by the credit institutes to the payment.
Felix Render grants to the User a not exclusive and nontransferable license for the Service Duration on the copies of the web bases instruments or of the other software owned by himself (Client and/or others) necessary to the working of the Service and therefore made available to the User, in order to use them exclusively for the purpose of using the Service.
Parties acknowledge that the data that refer exclusively to the User stored in the Database belong to the User and Felix Render will not allow access nor make available to third parties such data.
The Models of Scene and the rendered images made using the Service belong to the User.
The User is fully responsible for all the Libraries he/she uploads or in any case publishes or transmits in another way through the Site.
The User undertakes to not upload any Library to the User Area or in any case publish or transmit any Library in another way through the Site if:
The User authorizes all the users of the Site to use the Libraries he/she publishes, in accordance with the terms of the option selected from among the options made available by Felix Render (public, protected and private) indicated at the publication stage, in order to carry out rendering activities using the Service and, as a result, use the images created by the rendering activity in any way or form.
The User is not authorized to use the Libraries made available by the other users within rendering activities outside the Site and, in any case, is not authorized to reproduce the Libraries in their original high-resolution format.
The User undertakes to hold harmless Felix Render, its representatives, directors, employees, its business partners, its subsidiaries and associated companies from any request of compensation, including reasonable legal charges and fees, that is formulated by any third party in relation to a Library or other content published, transmitted or sent by the User or in any case as a consequence of activities initiated by the User using the Service or the Site (including the activities initiated by the User for the corporation he represents) or initiated by any other person who accesses the Service or the Site using the User's Access Codes.
The User recognizes and accepts that he/she takes on all the risks relative to the use of the Service and the Site, including any satisfactory creation, completeness, accuracy and usefulness of the images created using the Service.
Felix Render does not check the Libraries regularly, although it reserves the right to remove from the Site and delete every Library which it discovers to be illegal or in any case breach third party rights.
To be more specific, Felix Render reserves the right to modify or delete the Libraries which breach these Conditions or which contain third party advertising material.
Although FELIX Render maintains three copies of users' files on the cloud, the User acknowledges and accepts that the Service is not a backup or archiving service and that, consequently, FELIX Render is in no way liable for the risk of loss of the User's data.
Felix Render is expressly authorized to delete the User's data from its database two months after the termination of the Contract.
Except for the express warranties contained in clause 4 above, Felix Render makes no warranties, conditions, undertakings or representations of any kind, either express or implied, statutory or otherwise in relation to the Service including without limitation any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement or arising from course of dealing, usage or trade.
Some states/jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to the User and the User may have other legal rights that vary from state to state or by jurisdictions.
Without limitation to the foregoing, Felix Render does not warrant that the Service will meet User's requirements or that the operation of the Service will be error free or uninterrupted or that defects in the Service will be corrected.
Felix Render does not warrant that the licensed Service will perform rendering operations totally error free.
If the User is a consumer only, if Felix Render receives a written communication about the malfunctioning of the Service and/or the web-based tools or software required for the functioning of the Service, the entire responsibility of Felix Render and the only remedy granted to the User is (at the discretion of Felix Render) the correction or replacement of these web-based tools or software and/or the relative documentation within a reasonable period of time, or to issue or authorize reimbursement of the fee for the part corresponding proportionally to the Credits not used up to that time.
The User loses the warranty right for the malfunctioning of the Service and the software made available to the User by Felix Render on payment if he/she does not report the malfunctioning within 2 months of the time when the malfunctioning Service or software is made available to the User, notwithstanding cases of hidden malfunctioning, in which case the User may report the malfunctioning within a term of 2 months from the time of its discovery but, in any case, within a maximum term of 24 months from the date on which the malfunctioning Service or software has been made available to him/her.
For all assistance requirements, the User may contact the Felix Render Help Desk by writing to the Felix Render address indicated in the Info Area. The User may also telephone, send a fax or send an email as indicated in the Info Area.
With reference to the Libraries made available by other users, the User expressly recognizes and accepts that Felix Render acts solely as a hosting service provider, supplying the infrastructure required to share and access such Libraries.
Accordingly, Felix Render does not endorse, verify, or control the content of any Libraries.
Felix Render shall not be held liable for any infringement of intellectual property rights, defamation, or other illegal activity arising from the use of such Libraries by any User.
We operate a notice-and-take-down policy; if you believe any Library infringes your rights or is otherwise unlawful, please notify us immediately at legal@felixrender.com, and we will investigate and, where appropriate, remove the content in accordance with applicable UK law.
The User uses the Service at his own risk.
To the maximum extent permitted by applicable law, in no event shall Felix Render or any of its third-party licensors, suppliers or collaborators be liable to the User for or to those claiming through the User for any direct, indirect, consequential, incidental or special damage or loss of any kind including, but not limited to, loss of profits, loss of contracts, business interruptions, loss of or corruption of data however caused and whether arising under contract or tort, including negligence, even if Felix Render has been advised of the possibility of such damages.
If any limitation, exclusion, disclaimer or other provision contained in these Terms is held to be invalid for any reason by a court of competent jurisdiction and Felix Render becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort or otherwise, will not exceed the amount paid by the User in the last 12 months before the moment when happened the fact that causes the responsibility of Felix Render.
Nothing in these Terms shall limit the responsibility of one party to the other for the case of death or personal damages that arise from the responsibility of that party, nor shall limit the responsibility of one party to the other for the fact that results from fraud or gross negligence of that party.
Neither of the parties shall be responsible or deemed in breach of this Terms for any delay in fulfilling or for not fulfillment of the Contract (except for the payment obligations) that results from causes that are beyond his reasonable control and that it is not possible to remedy using the ordinary diligence.
Felix Render is expressly authorized to modify, if it is necessary, these Terms. In this case he will give notice by means of publication in the Info Area or by means of shipment of email of the eventual changes and the User, within five days from the communication of the modification, will have the possibility to accept or to withdraw from the Contract with the modalities described over. Continuing to use the Service, the User will demonstrate his implicit acceptance of the modifications made.
Felix Render reserves the right to modify at anytime, to his own exclusive discretion, the Service and the contents of the Site (including the faculty to interrupt them or to suspend them, in all or part) giving communication at least five days before the modification by means of publication in the Info Area, or in any other way (also by email).
In case of legitimate cause, Felix Render will be allowed to modify or to interrupt the Service immediately.
Felix Render reserves the right to suspend or cancel the registration account of the User and/or to temporarily or permanently modify or disconnect the Service (or part of it) and/or the Site, providing the User with prior notice of this of at least 5 days by publishing an announcement on the Site and/or by sending an email to the email address indicated at the time of the registration or afterwards. In this case, the User has the right to obtain reimbursement of the amounts spent for Credits not used.
If there is good reason (e.g. in order to deal with security problems, to comply with legal obligations or to comply with orders from public authorities, including legal authorities, or to protect the rights of Felix Render or of other users in accordance with the Law and/or in accordance with these Conditions) Felix Render may suspend or cancel the registration account of the User and/or temporarily or permanently modify or disconnect the Service (or part of it) and/or the Site, even without giving prior notice of this.
We inform you that we (FELIX Render UK) will process your data lawfully and properly in full respect of your rights and, in particular, your privacy.
Your personal data will be processed by computer means and in paper format.
We will process the following data:
Your personal data will be processed with the following scopes:
Solely in order to provide you with our services, your data may also be passed on to third parties that collaborate with us and handle phases of the process necessary for our activities to be carried out correctly, than, as a mere example, your data may be passed on to register the invoice or to comply with any other law provision. We could also process your data performing analysis aimed at measuring our customer's degree of satisfaction and the popularity of our services. The provision of the data is mandatory and essential for the supply of our services.
We (FELIX Render UK) are the data controllers for the processing of your data, and if you have a question you can write to us at the following address: FELIX Render UK, 43 Ebury Bridge Road, Studio 5, Ebury Edge, London, England, SW1W 8DX.
You can also contact us by sending an e-mail to legal@felixrender.com or using other contact data available at the contact area of the website. We remind you that the law protects your right to access, update and correct your data and object to the processing of your data. These rights include, but are not limited to, the right to obtain confirmation of whether or not data concerning you exists and to be informed of them in intelligible form, information about the source of the data, the purposes and methods of processing, the updating, correction or integration of your data, the erasure, transformation in an anonymous form or blocking of data processed unlawfully, and the right to object, in whole or in part, to their use.
Notwithstanding the above, except for the cases in which the law authorizes the processing of the personal data without the approval of the interested party (for example in order to comply with the duties established by the law or to fulfill to orders of public authorities, including judicial authorities) we will not use your personal data for purposes other than the above mentioned ones.