The Service provides the access to online digital printing services and products through the Website, https://dilandweb2.fiteng.net followed by the personal code of the Retailer.
User identifies the person using the Service to make print orders.
The Retailer, identified by the unique code in the Website URL, provides the products through the Service and is responsible for the selling policies.
The third-party server is made available by Fit Engineering srl and is located in the EU. All contents pass through the server, and all User data is archived in the server.
Contents are all files uploaded by the User and downloaded by the Retailer for further elaboration or printing.
Fit Engineering srl, based in Italy, Azzano Decimo (PN), Via Peperate 15, is the owner of the Website and directly develops the underlying software.
Fit Engineering srl reserves the right to update or alter these terms of service. Changes will apply as they are published on the Service.
No person under the age of eighteen (18) years may use the Service. The registration of the User is required to complete purchases, unless Guest User mode is available. The User must provide true, complete and up to date personal information. The User is responsible for all account activity and must not distribute access credentials. All Service operations can be traced to the responsible User Account.
Supplying false, incomplete or misleading personal information may lead to suspension or termination of the account. Fit Engineering srl reserves the right to deactivate the account, to cease providing the User with the Service, or to eliminate all archived Contents at any time for any or no reason, including, but not limited to, violation of the present terms of service, unlawful conduct, or trouble to the activity of other users, Retailers, or Fit Engineering srl.
The User can terminate its account at any time through the Service. As the account is deleted, all associated archived Contents are removed from the Server, except for orders in print that will be maintained until service completion. In the sole case of the User being prevented from directly terminating the account, its deletion can be requested via email specifying the username to contact@fiteng.net
User data and Contents from the Guest User are only maintained in the server for the time necessary for service completion, as later specified in these terms of service.
The User takes all responsibility for its use of the Service, account activity, or uploaded content. The User must not use the Service to upload, archive or distribute unlawful or dangerous content, including, but not limited to, pornographic, disturbing, or defamatory content, content violating copyright or trademark, viruses or any form of content dangerous for the Service, the Website or the other users. Fit Engineering reserves the right to at any time access and check archived content, to turn to the competent authority if the User activity is criminally prosecutable, and to remove content believed to be illicit.
To provide the Service, Fit Engineering can use all uploaded or archived content. Therefore, by submitting Content on or through the Service the User grants Fit Engineering a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content. The User represents and warrants to have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content uploaded to the Service. The User vouches that such Content does not contain material subject to copyright or other proprietary rights, unless the User has necessary permission or is otherwise legally entitled to post the material and to grant Fit Engineering srl the license described above. The User retains full ownership of the Content and Fit Engineering does not grant third parties any rights on Content use. Fit Engineering reserves the right to delete at any time Content violating in any way intellectual property.
All data, contents, files, software and materials provided or distributed by Fit Engineering srl are protected by intellectual property rights.
All products available through the Service are sold by the Retailer, that takes full responsibility for supply and quality. Unless otherwise stated, products are offered on a "as is" and "as available" basis. Eventual controversies must therefore be directed to the Reseller. Difference in coloring between the uploaded Content and the print products can not be considered a flaw. The final quality of purchased items may also depend on the original quality of the Content. In case the purchased items are flawed, damaged, of low quality or not properly delivered, the User may only file a complaint to the Reseller.
To the maximum extent permitted under applicable law, Fit Engineering srl disclaims all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement. Fit Engineering srl make no warranty or representation and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the service or of the contents, for any harm to the User's computer system, loss of data, or other harm that results from its access to or use of the service, for the deletion of, or the failure to store or to transmit, the contents, and for whether the services will meet the User requirements or be available on an uninterrupted, secure, or error-free basis.
The User agrees that, to the maximum extent permitted under applicable law, Fit Engineering srl shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from the User access or use of or inability to access or use the services, from any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties, from any content obtained from the services, or from unauthorized access, use or alteration of the User's account or contents.
To exercise the right of withdrawal under applicable law, the User must directly turn to the Reseller.
The current terms of service are the full and only contract between the User and Fit Engineering srl, and supersedes any prior agreement. The current terms of service apply as the Service is accessed. At any time, the terms of service may be updated or altered by Fit Engineering srl, and the Service or part of it may be terminated by Fit Engineering srl.
Every controversy derived from or correlated to the present terms of service are regulated and interpreted under Italian law, and the court of competence is the Tribunal of Pordenone.
The Service implements adequate cryptography of digital images, securing and preserving the User Contents. The Contents are maintained in the server for the following times: 60 days from creation for photo compositions saved but not sent for printing, 60 days from creation for photo compositions downloaded by the Retailer, 60 days from the day of sending for orders taken but not downloaded by the Retailer, 10 days form the day of downloading for orders sent to and downloaded by the Retailer, 10 days from the date of creation for orders sent to the Retailer but not already paid.
Fit Engineering does not sell, lease, rent or share the User personal information archived in the server. All User data is processed in accordance with D.Lgs.101, 2018 of Italian law.
The Reseller treat User data in compliance with the Privacy policy of the Service.
The personal data requested for Account creation include, but may not be limited to, name, address, phone number, and email address. The User can freely decide not to supply the requested information to Fit Engineering srl or the Reseller, but it might prevent its use of the Service.
The Reseller may share User data according to the clauses and conditions presented in its Privacy policy for the Service.
Fit Engineering may access User's personal data, for the sole purposes of providing the best possible service and promptly providing requested products. Employees or partners of Fit Engineering srl may view the Contents throughout their elaboration, scan, editing, burning, or print. In addition, the Contents or personal data may be reviewed by employees or partners of Fit Engineering srl to evaluate, validate or rectify account errors. The sole exceptions to the foretold terms of distribution of personal data may arise from legal obligations or from the necessity for Fit Engineering srl to protect its rights and activities.
Cookies are information saved in the User's computer by its browser. Fit Engineering does not use cookies to gather User data, but to improve the use of the Service. Blocking cookies through the browser may impair the use of the Service or of some of its parts.