I acknowledge the following personal data stored in the user account of Egy Hangversenyteremért Alapítvány (1146 Budapest, Ajtósi Dürer sor 39.) in the user database of http://hangverseny.hu will be handed over to OTP Mobil Ltd. and is trusted as data processor. The data transferred by the data controller are the following:
- first name
- e-mail address
Agreement on using services for downloading digital content via the Internet
That is set up electronically on the day below between Egy Hangversenyteremért Alapítvány, hereafter Provider and the natural person or the legal entity to be identified by the data, hereafter User, the two of them together hereafter Contracting Parties with the following conditions.
- Provider states that it operates electronic store and service on the public purpose Internet, which includes making digital files available on individual call(s) and ensuring download according to individual user permissions (hereafter Service) for Internet Users.
- User states his/her intention to use the Service to access and download files.
- User declares that he/she studied the Service General Terms & Conditions for the Service and that it is accepted as bounding and that he/she allows data management needed to use the Service and determined in the General Terms & Conditions.
- Provider informs User about and User accepts that Provider has the right to modify the General Terms & Conditions for the Service one-sided. In case of the modification of the General Terms & Conditions Provider informs User by e-mail 8 (eight) days beforehand the modification becomes into force. Provider is not bound to apply the upper determined deadline for modifications of the General Terms & Conditions, which include the following and become necessary: any changes in the details of the Provider, expanding the Service to new webpages, launching new Service or payment method or the modification does not apply on conditions for already provided Services. Provider informs User that the all-time updated General Terms & Conditions is available, readable and can be printed on the webpage of the Service.
General Terms & Conditions for the Service of providing and downloading digital product contents via the Internet
Present General Terms & Conditions (hereafter GTC) determines the conditions for making digital contents available based on individual download and for using the Service that is provided for natural persons or legal entities as Users by Egy Hangversenyteremért Alapítvány; and rights and obligations created between the Provider and the User.
By signing up for the Service, for downloading digital contents, User acknowledges the conditions described here binding. Present GTC is an integral part of the contract for Use of Service. The provisions of the present GTC govern the legal relation between the Provider and the User in all cases, unless the contract for the Use of Service explicitly states otherwise.
1. Provision and application of service
- The commitment of the Service Provider is to provide the service to the User according to the regulation of the present General Provision
- According to the present General Provision Provider provides the attainment and download of the Products in the web store, as well as enables paying prices of the Products.
- User can put the selected items for downloading or buying to the cart. Putting a product to the cart does not obligate the user to buy it. In case the User would not like to buy the selected Product, he can put it out of the cart anytime by clicking on the button “I don’t want it” seen beside the cart.
- Buying the product is possible through Registered Service after placing it to the cart, then clicking on the button “I buy it”. Paying can only be done by bank card (American Express, Maestro, Master Card, Visa, Visa Electron) via the system of the OTP Bank. After paying and buying the Provider sends an e-mail of confirmation, and then he/she will be able to download them. The user has to take notice that the price of the products must be paid before downloading them.
- To use the Service, the Users must have Internet connection. The User takes notice that the Products can require other hardware and software which he/she is responsible for.
- User must not ruin or attempt to ruin the security of the site including the following cases:
- Attempting to check the vulnerability of the system, spying or testing it, or ruin the security of the system or its entitlement-checking arrangements without permission;
- Attempting to encroach services provided to users, hosts or systems or their distraction in any cases including: uploading virus to the site, overloading, flooding, spamming, mail bombing or crashing;
- Sending spams including promotion of products and/or services;
- Counterfeiting the information found in any kind of TCP/IP package or the package itself in case of sending an e-mail or newsgroup. Harming the security of the system or the network can result in civil or criminal consequences. User agrees that he/she will not use a software or procedure with which he disturbs or attempts to disturb the functioning of the Service or any activities done on other sites.
2. The Scope of GTC
- The scope of GTC applies to Provider and User. Conditions about the legal relationship between Provider and Owner of Rights are regulated in separate contracts. The scope of GTC does not apply to the financial institution arranging money transaction.
- GTC is for an undetermined period.
3. Service Fee
- Provider issues an invoice about all of the purchases.
- User takes notice that his/her electronic order means he/she acknowledges the legal bindings of the GTC compulsory and that he/she has the intention to pay for the price of his/her purchases.
- User has to pay the price of the Products with his/her bank card via an online virtual electronic bank card terminal (VPOS).
- When paying by bank card User has the opportunity to pay by debit and credit cards of which symbols are displayed on the payment webpage. The number of the charged bank card, its expiry date and its verification number (CVC2 or CVV2) must be given in order to be able to pay. The involved bank controls the data User gave then only after the approval of the bank is the Usage of the Product permitted. In case of payment by bank card, for all transactions, Provider issues an invoice according to the instructions of paragraph VII/2 for the address that was given while User was signing up for the Service. 6. Provider has the right to change prices of the Products on sale via the Store anytime. The indicated prices are gross prices, they include VAT.
- User acknowledges that the transaction relating a given download shall be executed if he/she has already paid the price of the Product for the Provider.
4. Warranty, Liability, Restrictions
- Provider does its best in order to ensure the effectiveness and continuits of the Service, although it is not responsible for any losses or any damages that are caused by the malfunction or other failure of the Services. User acknowledges that the continuity of the operation might be terminated without the prior knowledge of the Provider and/or against its wish, in particular during the initial, installation period of the Service. According to this Provider does not guarantee the ceeseless and faultless functioning of the Service and/or the uninterrupted and error free operation of the related webpage. However, in such cases, Provider does its best in order to make the Service available as soon as possible, but does not undertake any time guarantee relating the recovery.
- Provider does its best to provide quick data change, but – in particular during the initial, installation period of the Service – does not undertake any guarantee on late information or eventual information loss. Provider expressly excludes any responsibilities resulting from access to, or their direct or indirect use of unsuitable site, state of damage or loss and / or improper operations, shortcomings, eventual malfunctions or ambiguity while using the webpage, the information, documentation and other written materials available on it. Provider strongly draws User’s attention that in case the latter has the intention to ensure the usage of the Product to a previously determined time or event, he/she shall take into account any lateness resulting from the payment method and/or from eventual faultiness of the Service, since Provider does not take any responsibilities for the provision of the Product for a given time or event and that it can be used at that time.
- Provider is entitled to cease the Service without any prior notice or notification in order to execute maintenance work on the relating Service or webpage.
- Provider has the right to develop, modify the Service and/or the relating webpage from time to time as appropriate unless such modifications alternate the nature of the Service contrary to the present GTC’s provisions or adversely affect its function.
- Provider is entitled to cease partly or in its entirety the Service and/or the relating webpage also without any prior notice to the User.
- Provider has the right to modify the digital content offered on sale within the Service without any prior notice and with immediate effect, thus certain Products will be removed from the webpage of the Service. User acknowledges that in case the given Product was removed, he/she is not liable for downloading or using the Product in any other ways, and that Provider is not liable for ensuring usage conditions.
- Provider is only liable for damages caused by intentional, serious and careless faults that are imputable for Provider. The value of the responsibility shall not exceed the valur of the given transaction. Product prices are determined in a way that they include the limitations of responsibility mentioned above.
- Provider is not responsible for any information, content, Product or Service that are displayed on the webpage of the Service, particularly for any information, content, Product or Service that were provided by Third Parties. User shall use the Service only at his/her own risk. Provider is not liable for any occurred or suffered damages resulting from the usage of the Service and/or the related webpage on the User’s computer or in other respects. Provider excludes all responsibilities for problems caused by the following actions: Product download, eventual faultiness of the Product, incompatibility with a software running on the User’s computer or any Internet virus.
- Provider is not liable for Product damage, destruction or injury after User downloaded and received the Product.
- User acknowledges that Provider is not responsible for any damage or abuse resulting from using or having used a bank card fro payment, thus Provider is not respondible if User has not announced to his/her bank that he/she had lost his/her bank card that had been issued by that given bank. Provider is not responsible for any faultiness, shortcoming or safetiness in payment methods.
- Provider excludes all responsibilities for any damages that are caused by illegal activity or negligence of the User or any Third Party.
- Provider has the right to store, process and use any personal data given by the User in connection with the Service. User accepts that Provider uses his/her personal and other data for the following purposes: to develop the quality of the Service, to monitor and enforce the interests of the User, and to implement communication activities in connection with providing and using the Service. Provider is particularly empowered
- To hand over data reqiured by law to authorities, fulfilling its obligations;
- Provider has the right to get to know personal data to the extent it is needed to provide the Service. Provider has no right to make the data, its content or any other information that was given while using the Service to any other Parties.
- Provider declares that it takes into account the law LXII. Of the year 1992 on protection of personal data and on publicity of public information, and the law CVIII. Of the year 2001 on electronic commercial Services and Services in connection with Information Technology; complies with the actual data protection provisions and warrants to ensure that unauthorized persons will not receive any personal or other data and/or bank secrets of the User. Provider is liable to keep legal regulations regarding handling personal data of the User in all phases of data processing.
- Provider declares that all of its subcontractors, agents and/or employees are liable to keep the same data protection and confidentiality obligations as the Provider does.
- Provider shall protect User’s personal data, in particular against unauthorized access, alteration, disclosure, deletion, damage, or destruction and User’s other data against deletion, damage or destruction.
- Cases beyond this present GTC Provider shall not use User’s personal data without User’s consent or shall not allow others to use them.
- Provider declares that no Third Party can have access legally to data during data transmission or data storage. User acknowledges that Provider does not guarantee the security of payment orders executed via financial institutions’ systems when paying for the Product.
- Provider shall undertake that without prior consent of the User Provider shall not give any information unless Provider is bound to do so because of law, court order or statutory obligation.
- User is obliged to his/her best to protect his/her personal data, in particular his/her password needed for the Service provided by the Provider. User is responsible for all events and activities that are carried out by using his/her e-mail address and password.
- Provider does not bear any responsibility if the personal data is used in any other ways than the present GTC regulates and that this usage or the damage it caused were resulting from the User’s intentional or negligent conduct, and if the Provider acted in accordance with the provisions of the present GTC.
- Governing statutes about data processing are also kept for data processing in connection with bank card payment.
6. Rules on Using Products
- Based on the law on copyright User gets non-exclusive usage right for private purposes that are limited according to the present GTC. Any recording or copying capacity exclusively serves the convenience of User and shall not mean that relating to any Product or any content, recording, incidental music, graphic or other copyrighted material incorporating in the Product, the Owners of Right give any right or waive any of their rights in favour of User.
- No right, claim or stakes relating the Product devolve upon the User in case of any types of download or copy or in any other ways. The Owner of all rights relating the Products is the Provider and the Owner of Rights; the User disposes of only limited, non-transferable, non-exclusive, revocable, further non-transferable right for the private Usage of the Products. Legally, it cannot be authorized further.
- It is not considered fair use – regardless of whether it is done for personal use -, if a copy is made by someone else about the work with a computer or to any other types of electronic data medium.
- User shall not multiply, publish, pass on, diffuse, issue, broadcast, reproduce, modify any Product or partly or in its entirety or make any adaptation based on it, sell or take part in sales or any types of utilization, either directly or indirectly.
- User shall not redesign, split into different parts, modify or ban copy control (copy protection) on the Product and/or the limit of usage.
- User shall not digitalize again any of the Products after playing them or upload them to the Internet. User shall not use any Products in connection with any content deriving from a Third Party, for example audio for Servicea film. User shall not sell Products or offer them for sale, including, but not exclusively, offering them on auctions or public sale via the Internet.
- Provider does not sell the Product to User although in connection with the Service and present GTC there are such expressions as “sells”, “buys”, “orders” and “purchases”; Provider only gives limited right for private purposes. Provider does not act like a distributor with the User or accept any orders from distributors, exporters, wholesalers, any other companies or anybody else who are keen on selling and interested in the music industry.
- Without putting a limit to any regulation included in this present GTC, Provider does not undertake any guarantee whether a CD-writer or portable device is compatible with the Service or whether the CD burnt via the Service can be played in any CD-players.
- Delivering the Product does not mean conveying any trade or advertisement rights to the User in connection with the Product.
- User is allowed to play the Product unlimited times. User is authorized exclusively to use Product for private and not for trade goals according to restrictions determining User rights. Typically, there are restrictions in the number of burning the Product on CD and/or portable player.
7. Right to Cancel a Purchase
- According to government decree 17/1999. (II. 5.) on contracts between absents the right to cancel a purchase can only be enforced if User has not started downloading the purchased contents. Provider determines all initiations for downloading any content as finished purchase.
8. Force Majeure
- In case such circumstances or occurrences occur neither the User, nor the Provider is responsible for any loss or damage resulting from this event and is not liable for fulfilling his/her contractual bounds. Such circumstances include: acts of God, war, riots, terrorist incidents, strikes or any movements that are not qualified as strikes, accidents, blocades, fires, floods, embargoes, termination or temporary unavailability of energy supply or any other unforeseeable obstacles.
9. Trademark, and Copyright
- Trademarks, logos that are present on the webpage of the Service belong exclusively to Provider and Owner of Rights. These labels cannot be used, copied, spread or published by Third Parties without the explicit and prior written approval of the Provider and the Owner of Rights.
- Labels, information available on the webpage and other materials are copyrighted; Provider and Owner of Rights are entitled to relating rights. Information available on the webpage and other materials cannot be used, copied, spread or published differently from the webpage by Third Parties without the explicit and prior written approval of the Provider and the Owner of Rights.
- Provider has unlimited and exclusive usage rights arising from any comments, suggestion or idea published in connection with the webpage by User. Provider becomes the exclusive owner of rights on such comments and shall not be limited in any ways to use them. Provider has the unlimited right to utilize, use, multiply, publish, revise, disclose, reveal or distribute User’s comments without having to compensate User in any ways.
10. Final Clauses
- Provider has the right to employ subcontractors and data processors and is responsible for subcontractors like the Provider itself supplied the Service.
- Governing statutes for present GTC are the regulations of Hungarian law.
- Any eventual reference to the GTC and/or to its annexes or to its chapters are references to the GTC, to its annexes and/or to its chapters.
- Any reference to the GTC means references to the GTC and to its eventual annexes; references to chapters and to eventual annexes mean chapters and eventual annexes of the GTC.
- In case of any legal dispute in connection with Service determined in the present GTC Provider and User expressly stipulate depending on limit of value the exclusive jurisdiction of Pesti Központi Kerületi Bíróság and Fővárosi Bíróság.