terms and conditions

TERMS & CONDITIONS OF USE

The following are the general terms (hereinafter "Terms") that govern the provision of the Service and the use of the Stack! Studios Site. The User expresses his will to accept the Terms and undertakes to comply with them by doing any one of the following: (a) selecting the checkbox "I accept the Terms" during the registration process and clicking on "accept", and/or (b) sending an order through the Site, and/or (c) buying the Service in any other way, and/or (d) using the Site in any other way. 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.

1.DEFINITIONS

Pursuant to and for the purposes of these Terms and of the Contract, the following definitions apply.
"Info Area": area of the Site that is accessible at the address http://www.stack-studios.com with the tag "Legal" where information on the contact data of Stack! Studios, information about the operation of the Service and the Site and some legal information is available.
"User Area": area of the Site that is accessible only by the User using the Access Codes.
"Access Codes": username and password that are assigned to the User upon registration to the Site.
"Contract": the contract regulated by these Terms by which the User purchases from Stack! Studios a certain number of Credits.
"Credit": the right to use the Service to perform the rendering of an image of 800x400 pixels of quality 2.
"Service Duration": a period starting from the date of registration to the Service and ending 12 months after this date or, if later, 12 months after the date of conclusion of a Contract except if terminated earlier according to the provisions of these Terms.
"Site": the sites controlled by Stack! Studios at the IP addresses indicated in the Info Area as well as every other Internet resource through which Stack! Studios makes the Service available.
"Stack! Studios": Stack! Studios S.r.l., fiscal code, VAT number and number of registration at the Company Registry of Turin: 00987030525 with registered office at Torino, Via Bagetti n. 30.
"User": the person who uses the Service and/or the Site having accepted these Terms.

2.OBJECT

Stack! Studios set a service available through the Internet that allows to render images using:
- a server software that generates virtual images using predetermined standard and formats ("Server");
- a client software, made available to the User in local mode with the purpose of preparing the images to render and sending them to the Server, that uses standard and formats usable by the Server ("Client");
- a render farm formed by a cluster of computers that allows to process the image generation made by the Server in a distributed way ("Farm");
- some graphical libraries accessible through the Client ("Libraries");
- a database that stores the data of the User and that allows to load such data from the Client and keep them updated ("Database").
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 Stack! Studios through the Site. Stack! Studios undertakes to make available to the User the Service, on the following Terms:

3.PURPOSE

Stack! Studios will act to make available to the User the Service according to the following conditions:
a)the Client shall be able to operate on the computers of the User that run according to the indications provided by Stack! Studios in the Info Area;
b)the Server shall operate with a Farm with processing capacities capable of performing the Service, in ordinary conditions, within the Rendering Time;
c)Stack! Studios will use all the reasonably possible capacities and care to keep the availability of the Site and the working of the Service, even though does not guarantees that the Site and the Service will be available in every moment.

4.WORKING OF THE SERVICE

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 Stack! Studios ("Model of Scene").
The Client works using Models of Scene already predisposed by the User. The User will have therefore to use a whichever program for modeling (Autocad, 3dstudio Max, etc.) in order to predispose 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:
loading of the Model of Scene on the Client
management of the materials
management of the sights
insertion in the rendering tail
sending of the data to the Server
vision of the images in the Client.
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 ought by the User. User can interrupt the rendering execution pressing the button "Force Done", but notwithstanding the above, the Credits corresponding to the complete render programmed will become ought.
The Farm made available to the User by Stack! Studios is shared with other users of Stack! Studios.
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 Stack! Studios, 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:
a non-authorized or not corrected use of the Service, the Client or the software however made available to the User from Stack! Studios;
total or partial lack of operation of the computers or the equipment of the User;
fact depending from the responsibility of the Providers or the managers of the telephone lines;
bad operation of the Internet or telephone lines;
generally speaking, whichever event not caused by Stack! Studios or its employees;
a non-authorized access to the informative system of Stack! Studios or an alteration of the transmissions of the data of the User;
overloads of processing caused by exceptional picks of traffic (a great number of customers ask operations simultaneously);
causes of force major or however not depending from the will or the negligence of Stack! Studios.
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 various different technical stages to be followed for the conclusion of the Contract;
- the way in which the Contract concluded will be archived and the corresponding access methods;
- the technical means for identifying and correcting the data entry errors before sending the order;
- the languages available other than Italian for concluding the Contract;
- the clauses and the general conditions of the Contract which apply;
- possible indication of the tools for settling disputes;
- a clear and unequivocal indication of the prices, with a specification if the prices include the delivery costs and taxes and other additional elements to be specified.
The User may also upload Libraries which are made available to Stack! Studios and the other users of the Service in accordance with the terms indicated during the uploading stage.

5.ACCESS CODES

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 Stack! Studios whichever 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 Stack! Studios, 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.

6.PURCHASE OF CREDITS

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 Stack! Studios 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.
Stack! Studios 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.
The User accepts that the Credits purchased are available to the User from the time of the acceptance of the order and that the provision of the Service takes place immediately at the time of the request and, therefore, even if the User is a consumer, the right to withdraw covered by art. 55, clause II, letter a, of Italian Legislative Decree 206/05 (the Consumer Code) does not apply.

7.PAYMENT

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, Stack! Studios is not responsible for any different exchange rates applied by the credit institutes to the payment.

8.SOFTWARE LICENSE

Stack! Studios 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.

9.COPYRIGHT ON WORKS AND DATA

Parties acknowledge that the data that refer exclusively to the User stored in the Database belong to the User and Stack! Studios 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.

10.LIBRARIES

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:
(a) that Library is imprecise, obscene, phonographic or defamatory or includes racist, violent, offensive or intrusive information or instigates to commit crimes or is in any case illegal in Italy or in the place where the User uses the Service or the Site or on the basis of other laws in any case applicable;
(b) by doing so, he/she breaches the pertinent standards for the handling of personal details or the protection of industrial secrets and private and confidential information;
(c) in order to do so, he/she must have authorizations, rights or requirements laid out by the law which he/she does not have;
(d) by doing so, he/she breaches patents, marks, author rights or other third party rights;
(e) that Library contains computer viruses or any program or software which has been designed to interrupt, destroy, damage or even just limit the functionality of any software, hardware or network device or the Service or the Site.
(f) that Library is in any way harmful for Stack! Studios, for other users of the Service or the Site or for third parties.
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 Stack! Studios (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.

11.INDEMNITY

The User undertakes to hold harmless Stack! Studios, 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.
Stack! Studios 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, Stack! Studios reserves the right to modify or delete the Libraries which breach these Conditions or which contain third party advertising material.

12.USER DATA

The User recognizes and accepts that the Service does not include a back-up or storage service and, therefore, Stack! Studios is not responsible in any way for the risk of loss of User data.
Stack! Studios is expressly authorized to destroy the User data present in its Database 2 months after the termination of the Contract.

13.WARRANTIES EXCLUSION

Except for the express warranties contained in clause 4 above, Stack! Studios 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, Stack! Studios 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. Stack! Studios does not warrant that the licensed Service will perform rendering operations totally error free.
If the User is a consumer only, if Stack! Studios 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 Stack! Studios and the only remedy granted to the User is (at the discretion of Stack! Studios) 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 Stack! Studios 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 Stack! Studios Help Desk by writing to the Stack! Studios 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 Stack! Studios only provides the User with the infrastructure required to share and have access to the Libraries. Therefore, Stack! Studios is merely a supplier of an information company service in accordance with art. 16 of Italian Legislative Decree no. 70/2003 and Stack! Studios will not in any case be considered to be responsible for the use which the User makes of the Libraries.

14.LIMIT OF LIABILITY

The User uses the Service at his own risk. To the maximum extent permitted by applicable law, in no event shall Stack! Studios 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 Stack! Studios 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 Stack! Studios 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 Stack! Studios.
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.

15.SERVICE DURATION AND TERMINATION

a)Period. The Conditions and the Contracts are binding for the parties for the Service Duration. Each party may terminate a Contract by no less than 30 days prior written notice, or otherwise in accordance with these Terms.
b)Material breach. Either party ("Aggrieved Party") may terminate a Contract immediately on written notice to the other party ("Defaulting Party") if the Defaulting Party is in material breach of the Contract, provided that
(where such breach is remediable) such breach remains unremedied within seven days after written notice is given by the Aggrieved Party specifying the breach and requiring its remedy; and
no such prior notice is required where the Defaulting Party’s breach is not capable of remedy.
c)Accrued rights. Any termination of the Contract shall not affect any rights accrued in favor of either party in respect of any breach committed prior to the date of (or giving rise to) the termination or the Terms which are by their construction intended to survive such termination.

16.MODIFICATIONS

Stack! Studios 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.
Stack! Studios 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 whichever other way (also by email).
In case of legitimate cause, Stack! Studios will be allowed to modify or to interrupt the Service immediately.
Stack! Studios 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 Stack! Studios or of other users in accordance with the Law and/or in accordance with these Conditions) Stack! Studios 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.

17.GENERAL

a)Assignment. User may not assign or otherwise transfer a Contract or any of Users rights, duties and obligations hereunder without prior consent in writing of Stack! Studios. Stack! Studios reserves the right to assign the Contracts to companies connected to or controlled by the same shareholders of Stack! Studios.
b)Independent parties. The parties to the Contracts are independent contractors and neither is the representative or partner of the other.
c)Entire Agreement. These Terms comprise the entire agreement between User and Stack! Studios, and supersede all prior agreements, statements, representations
(other than negligent or fraudulent misrepresentations) by either party in relation to their subject matter.
d)Italian Law. These Terms and the Contracts shall be interpreted, construed and enforced in all respects in accordance with Italian law and the parties hereby submit to the non-exclusive jurisdiction of the Italian Courts.

UNCONSCIONABLE CLAUSES

I hereby expressly accept the following Conditions of this Contract in accordance with articles 1341 and 1342 of the Italian Civil Code: 3 Purpose; 4 Working of the service; 5 Access Codes; 8 Software license; 10 Libraries; 11 Indemnity; 12 User Data; 13 Warranties exclusion; 14 Limit of Liability; 15 Service Duration and Termination; 16 Modifications; 17 General.

PRIVACY

We inform you that we (Stack! Studios S.r.l.) 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:
Registration data: When your register, we acquire your personal data (name, surname, e-mail address, address, fiscal code and/or VAT number, telephone numbers, password, etc.).
Log data: When you connect to our system, it will automatically record the information that your computer sends us. This information may include the content uploaded, the activities performed, the IP address and MAC Address from which You request the service, date and time of Your request, the results of the rendering process, etc.
Communications: When you send us an e-mail or another communication, we record this communication.
Your personal data will be processed with the following scopes:
- to provide you with our services
- to protect the technical operation of our computer systems
- to protect and improve our services and develop new ones
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 (Stack! Studios S.r.l.) 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:
Stack! Studios S.r.l., Piazza San Marcellino, 6/11 Genova.
You can also contact us by sending an e-mail to privacy@stack-studios.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.

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