Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Services. If these terms and conditions are considered an offer by Fitnect, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Description and Use
If you create a Project on the Website, you are fully responsible for all activities that occur under the account and any other actions taken in connection with your Project whether or not you connect to our Services directly or through a third party. You will refrain from: (i) posting or displaying content that is offensive, degrading, indecent, libelous, obscene, pornographic or otherwise objectionable to others or that violates the privacy, intellectual property or other rights of third parties or is in violation of legislation or regulation, including international treaties – in particular content containing material that is protected by intellectual property rights, without the written consent of the owner of such rights, other than excerpts permitted legally; (ii) impersonating any person or entity, or forge or manipulate headers to disguise the origin of content; (iii) jeopardizing yourself or any third party in any way by using the Services; (iv) engaging in any activity that, directly or indirectly, interferes with or disrupts the Services; (v) harvesting or otherwise collecting data about others, including email addresses, without their consent; (vi) interact with other users of the Services in contravention of these Agreement or in an unlawful manner.
Responsibility of Contributors
If you make (or allow third party to make) your own Content you are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to publish or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- by submitting Content to Fitnect for inclusion on your Website, you grant Fitnect a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Project. If you delete Content, Fitnect will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Fitnect has the right (though not the obligation) to, in Fitnect’s sole discretion (i) refuse or remove any content that, in Fitnect’s reasonable opinion, violates any Fitnect policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Fitnect’s sole discretion. Fitnect will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal
You can create your own virtual fitting room your projects by subscribing to our online Services on the Website (”Subscription”).
Credits are used to run Fitnect without limitations (Watermark / Time limit).
One credit can be used to activate Fitnect for one month on one computer. Credits can be purchased by clicking the balance link in the admin back end.
- Credits are not refundable.
- Credits are not transferable between accounts.
- Credits are not resellable
This Agreement does not transfer from Fitnect to you any Fitnect or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Fitnect.
Fitnect owns all right, title and interest, including but not limited to intellectual property rights, in and to the Services (which include applications, features, software, databases), and are not allowed to reverse engineer, decompile or otherwise (attempt to) extract the source code of the software which Fitnect or its licensors provides you – unless this is explicitly permitted.
Fitnect’s logos, and all other trademarks, service marks, graphics and logos used in connection with Fitnect or the Website are trademarks or registered trademarks of Fitnect. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Fitnect or third-party trademarks.
Fitnect reserves the right to display Fitnect’s loading screen logo. This logo may not be removed regardless of credits purchased.
Fitnect reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Fitnect may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Fitnect may terminate your account to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. Fitnect and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Fitnect nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Fitnect, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Fitnect under this agreement during the twelve (12) month period prior to the cause of action. Fitnect shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Fitnect, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Fitnect and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Fitnect, or by the posting by Fitnect of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Hungary., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the Hungary courts located in Hungary, Budapest. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Fitnect may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Any notice, questions, or complaints regarding Fitnect to us should be sent to: firstname.lastname@example.org