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General Service and Licence Terms

 

1. General provisions

1.1. The licence agreement (hereinafter referred to as „Licence Agreement”) concluded in accordance with the present general service and licence terms (hereinafter referred to as „General Service and Licence Terms”) will be set down, will be concluded electronically and will become available subsequently. The Licence Agreement concluded in accordance with the General Service and Licence Terms shall be considered to be a contract drafted in writing. The General Service and Licence Terms do not refer to any code of conduct.

1.2. The data of the Service Provider are as follows:

Name of Service Provider: SCOLOPENDRA Üzletviteli Tanácsadó Korlátolt Felelősségű Társaság

Seat of Service Provider: 2011 Budakalász, Kanonok utca 9., Hungary

Availability of the Service Provider; its regularly used electronic mailing address serving keeping contact with the users: info@scolopendra.hu

Company registration number: 13-09-165749

Tax number: 13170103-2-13

Name of registering authority (court of registry): High Court of Budapest

Language of the contract: English

1.3. Data of host:

Name of host: Bere-Net Kft.

Address of host: 4400 Nyíregyháza, Hunyadi u. 60., Hungary

E-mail address of host: info@forweb.hu

2.        Terms 

2.1 The present website (hereinafter referred to as „Website”) is operated and run by SCOLOPENDRA Üzletviteli Tanácsadó Korlátolt Felelősségű Társaság, as service provider (hereinafter referred to as „Service Provider”). The Service Provider gives a licence for the photographic works (hereinafter in the singular referred to as „Photographic Work” and in the plural as „Photographic Works”) displayed on the Website through the web store (hereinafter referred to as „Web Store”) by means of a Licence Agreement. Any natural person or legal entity concluding a Licence Agreement (hereinafter referred to as „User”) may acquire a licence for the Photographic Works in a manner as set forth in the General Service and Licence Terms. The General Service and Licence Terms, the Data Management and Data Protection Regulations (hereinafter referred to as „Data Management and Data Protection Regulations”), and the data (hereinafter referred to as „Data”) provided by the User in the course of the registration, the order (hereinafter referred to as „Order”) and the data modification shall constitute integral and inseparable parts of the Licence Agreement.

2.2. Where individually not referred to, the General Service and Licence Terms, the Licence Agreement and the Data Management and Data Protection Regulations hereinafter collectively referred to as „Terms”.

2.3. The Terms, the other information available through the references indicated therein and all the other Orders submitted based on the Terms shall collectively represent the entire agreement between the User and the Service Provider in relation to the use of the Website and acquiring the licence granted for the Photographic Works, with particular regard to the rights and obligations of the Service Provider and the User.

2.3. The General Service and Licence Terms and the Data Management and Data Protection Regulations extend to the use of the Website and the Web Store, are prevailing in case of any Order relating to any Photographic Work displayed on the Website and determine the rights and obligations of any person registering on the Website (hereinafter referred to as „Registered Visitor”) and those of the User. The rules relating to the rights and obligations of the Registered Visitor are, even in the absence of any special provision, applicable to the User, as well.

2.4. When providing their data in the course of the registration or placing the Order, the Registered Visitor/User shall declare that they have become familiar with and expressly accept the versions of the General Service and Licence Terms and the Data Management and Data Protection Regulations effective at the time of using the Website.

2.5. Availabilities of the Terms

The actually effective wording of the General Service and Licence Terms and the dates of the latest modifications can be viewed here: http://scolopendra.hu/page/terms-and-conditions.html.

The actually effective wording of the document called Data Management and Data Protection Regulations can be view here:

2.6. In case the General Service and Licence Terms, the Licence Agreement or the document called Data Management and Data Protection Regulations do not appear for the Registered Visitor/User through the internet, a copy of the actually effective General Service and Licence Terms, the concluded Licence Agreement or the document called Data Management and Data Protection Regulations will be sent via e-mail upon request of the User.

2.7. In respect of interpreting the General Service and Licence Terms, the Licence Agreement and the Data Management and Data Protection Regulations and any matters not regulated therein the Hungarian law shall prevail, with particular regard to the provisions of the [Hungarian] Act V of 2013 on the Civil Code („CC”), Act LXXVI of 1999 on copyright, Act CVIII of 2001 on certain issues of electronic commerce services and information society services and Act CXII of 2011 on informational self-determination and freedom of information. The mandatory provisions of the relevant legal regulations shall prevail in respect of the parties even without any specification.  

2.8. The Service Provider shall take efforts to ensure the uninterrupted availability of the Website but reserves the right to terminate, restrict or change partly or completely the Website, its contents, the availability of the Photographic Works or their accessibility for third parties without any preliminary notice. In this respect the Service Provider shall not have any indemnification or compensation liability.

3. Authorised use of the Website

3.1. The Website, as a copyright work, is protected by copyright and its any unauthorised use entails civil law action.

3.2. Using the Website is conditioned upon the Registered Visitor/User accepting and fully observing the General Service and Licence Terms and the Data Management and Data Protection Regulations.

3.3. The Photographic Works to be found on the Website are protected by copyright and using them is subject to authorisation. The Registered Visitor or the User shall not be entitled to download and save the images and contents placed on the Website and to use them publicly or for commercial-economic purposes or in any other manner.

3.4. The Service Provider particularly reserves the right to restrict or terminate the access to the Website, especially to the Photographic Works, for persons proceeding unlawfully and improperly.

3.5. As regards access to the Website and the Photographic Works, improper use shall include the following, particularly in connection with the Website and the Photographic Works:

  • illegal or misleading use of the Website or the Photographic Works;
  • violation of the right of any person relating to intellectual property, his/her copyright, neighbouring or any other ownership right;
  • publication or promoting the publication of information that may mislead anybody in connection with the contents and prices of the Photographic Works;
  • violation of the business interests or reputation of the Service Provider.

4. Service

4.1. Licences for the Photographic Works can only be obtained online, i.e. by placing an order on the Website.

4.2. The Service Provider indicates the Photographic Works contained in the database and arranged thematically together with identification numbers for placing orders. Also the title and description of the Photographic Works may occasionally appear on their data sheets. The data sheet shows, in accordance with as set forth under Article 9, the original image size and two additional sizes resulting from other resolutions in respect of which a non-exclusive licence, and, if selecting the original image size, also an exclusive licence, can be acquired for the given Photographic Work.

4.3. The data sheet contains the fee payable as a counter value of the licence (hereinafter referred to as „Fee”) in Euros (EUR). Fees shall be different subject to the size of the image and the scope of the licence. Prices indicated as fees are inclusive of VAT.

5. Registration and keeping contact

5.1 Exclusively registered persons can initiate on the Website orders aimed at acquiring licences for Photographic Works. Filling the data entry fields marked with * is mandatory, failing which the Service offered on the Website cannot be used. The system does not store the data of fields left off or filled completely after having left the Website anywhere.

5.2. The Service Provider does not control the Data provided to it. Exclusively the person providing such Data shall be responsible for their appropriateness and trueness. When providing their e-mail addresses, Registered Visitors shall, at the same time, assume liability for being the exclusive person using the Service from the e-mail address provided.

5.3. Following the registration, the Service Provider shall send an activating e-mail to the address provided and the registration can be activated using the link included in such e-mail.

5.4. With reference to Section 6:7 (3) of Act V of 2013 on the Civil Code and Section 1 (2) of Act XXXV of 2001 on electronic signatures, the Service Provider shall assign and link the declarations and messages coming from the electronic e-mail address provided by the User in the course of the registration and launched from his/her personal profile to the person of the User together with the data provided by the User during the registration process and shall consider such declarations and messages to have been sent by the User.

5.5 Should there be any change in the Data of the Registered Visitor, he/she shall indicate such changes by making modifications in his/her personal profile and any damage arising out of the failure of the above shall be the responsibility of the Registered Visitor/User. Following the modification, the Service Provider shall assign and link the modified Data to the person of the Registered Visitor/User.

5.6. Registered Visitors shall be entitled to modify or delete their data in their own personal profiles.

5.7. The Service Provider shall be entitled to refuse or suspend the use of the Website if the Registered Visitor provides false or incomplete Data, if the Service Provider may conclude from the Data or the circumstances that the purpose of logging in to the Website is not its proper use or if during the use of the Website the Service Provider detects any misuse, unlawful conduct or act by the Registered Visitor/User.

5.8. The Service Provider can be contacted via e-mail or by a message that can be submitted from the Website.

6. Procedure of placing Order

6.1. Any Photographic Works and the related Fees are information subject to the actual stock in the database and, therefore, such information cannot be considered as an offer and can be withdrawn or modified by the Service Provider anytime.

6.2. Registered Visitor wishing to acquire licences for any Photographic Works may submit their Order electronically to the Service Provider in a manner defined in the present Terms. The Order submitted shall be considered to be an offer the Registered Visitor, i.e. the User.

6.3. In the course of placing the Order, by clicking the „PayPal” (payment) button the User declares that his/her legal capacity is not limited or excluded in respect of the transaction related to acquiring licence for the Photographic Works. In case the User is considered to be "legally incapable" or to have "limited legal capacity" in connection with acquiring licence for the Photographic Works and in this respect he/she is not entitled to make any declaration independently, the User shall obtain the agreement of the legal representative (e.g. parents or guardian) affected. In relation to this the User shall consider whether it is necessary to have the consent of any third party in connection with the given transaction. With a view to the fact that the Service Provider does not come into personal contact with the User, the User shall ensure compliance with the present article and in this respect the Service Provider shall not be bound by any liability.

6.4. The Photographic Works shall be put in a virtual cart by clicking the "Add to Cart" button. Other Photographic Works can also be put in the Cart similarly. In the Cart module the User can permanently see the Photographic Works selected and the total amount of the items selected so far. If the User agrees with the contents of the Order, following reading and accepting the Data Management and Data Protection Regulations and the General Service and Licence Terms he/she shall click the „PayPal” button for submitting the Order and initiating the payment. Upon clicking the „PayPal” button the Website will automatically ask if the Data are correct. After this it is not possible to correct any data entry error any more.

6.5. By clicking the PayPal button the Website will automatically redirect the User to the website of PayPal, where the amount of the Order and the amount of the Fee payable can be checked once again.

6.6. Putting the Photographic Works in the Cart shall, in itself, not be considered to be an Order yet. In case a User acquires an exclusive licence for a specific Photographic Work in the meantime, the Service Provider shall remove it from the database, so no other User can acquire any licence for the given Photographic Work.

7. Payment of the Fee

7.1. The Fee payable as the counter value of acquiring licence for the Photographic Works shall be the actual gross amount defined by the Service Provider in Euros (EUR) and corresponding to the Fee applicable at the time of placing the order. The counter value of acquiring the licence shall be different subject to the scope of the licence and the size of the image. The User shall bear no other cost other than the Fee payable.

7.2. The Service Provider shall make the amount of the Fee payable as the counter value of acquiring the licence for the Photographic Works permanently available and shall display them next to the Photographic Works. The Service Provider reserves the right to change the Fees with the proviso that the modification shall take effect simultaneously with its appearance on the Website. The modification shall not affect the Fee payable for Photographic Works already ordered.

7.3. The Fees appear on the Website also during the process of placing the Order; in case of any difference in such Fees, the one fixed in the course of placing the Order shall prevail.

7.4. Fees shall always be paid in advance by PayPal on and in accordance with the conditions of an external service provider system (Terms of Payment) for the participation of which the Service Provider shall not be bound by any liability.

 7.5. The Service Provider shall issue the invoice to the User electronically, in the form of an e-invoice sent to the e-mail address provided by the User.

8. Confirmation and conclusion of the Contract

8.1. The Order shall be considered to have been received by the Service Provider when it becomes available for it. The Service Provider shall confirm the Order electronically without any delay. The confirmation of the Order shall be considered to have been received by the User when it becomes available for it. The confirmation shall be considered to be a declaration of acceptance of the Service Provider, by which a Licence Agreement is concluded between the User and the Service Provider.

8.2. Simultaneously with the confirmation, the Service Provider shall make the Photographic Works and the electronically submitted Licence Agreement available for the User, which the User can download from his/her personal profile following the path provided. The Service Provider shall send these in an informative e-mail, as well.

8.3. Simultaneously with the confirmation, the Service Provider shall submit to the User the invoice issued for the payment of the fee through the payment-system called szamlazz.hu. The Service Provider assumes no liability for the invoicing service provided by szamlazz.hu. The invoice will arrive at the electronic e-mail address of the User but he/she may also download it also from his/her personal profile.  

8.4. The Service Provider shall record the confirmation messages (automatic reply messages) in the system. If the confirmation message has been submitted but is has not arrived at the User, the Service Provider shall, upon request of the User, submit the confirmation message repeatedly.  

8.5. If the Service Provider fails to confirm the Order and the Photographic Work, the Licence Agreement and the issued invoice do not become available for the User, the User shall contact the Service Provider via its electronic mailing address. If the Service Provider fails to confirm the Order within five working days, the latest, the User shall be exempted from the binding offer and the contractual obligation. In this case the Service Provider shall redeem to the User the amount paid by the User immediately but not later than within three working days.

8.6. The Service Provider shall preserve the electronic correspondence related to the conclusion of the service in a retrievable manner and shall make it available upon request of the User.

9. Licence

9.1. Simultaneously with making the Photographic Works electronically available for the User, the Service Provider also permits, through the Licence Agreement concluded based on the General Service and Licence Terms, to exercise the right related to the licence.

9.2. The User acquiring licence for a given Photographic Work acquires licence for the purpose and to the extent as set forth in the Licence Agreement. The Service Provider reserves all the licences not granted to the User in the Licence Agreements.

9.3. The Service Provider declares and warrants that it has acquired exclusive and full-scope copyright/licence from the Author in connection with the Photographic Works and, consequently, is in the possession of all the necessary entitlements and authorisations for concluding the present Contract with the User.

9.4. The Service Provider warrants the authenticity of the Photographic Works to be prepared by the Author and that it does not violate others' copyrights or licences and the confidentiality rules applicable to its content in any manner.

9.5. The User shall pay the Service Provider a Fee in accordance with as set forth under Article 7 for acquiring the licence and the licence shall be due to the User against the Fee.

9.6. In respect of the Photographic Works the User can acquire a non-exclusive licence under Article 9.8. or an exclusive licence under Article 9.9., in accordance with as set forth under Article 9.7.

9.7. The owner of the non-exclusive licence shall tolerate that the Service Provider grants arbitrary number of licences for the same Photographic Work to other third parties. An exclusive licence can only be acquired in respect of images for which no other party acquired a non-exclusive licence earlier. If the Service Provider has granted an exclusive licence for a given Photographic Work, subsequently it shall not be entitled to grant any licence to any other third party for the given Photographic Work.

9.8. In case of non-exclusive licences the User acquires a non-commercial licence without any territorial or time limit for copying and distributing the Photographic Works, communicating them to the public and reworking them. The User shall not be entitled to assign his/her licence for the Photographic Works to any third party or to grant a licence to others for the Photographic Works (i.e. to share the licence with others or permit sub-licence for others).

9.9. In case of an exclusive licence the User acquires a commercial licence without any territorial or time limit for copying and distributing the Photographic Works, communicating them to the public and reworking them. The User shall be entitled to grant a licence to others for the Photographic Works (i.e. to share the licence with others or permit sub-licence for others).

9.10. Using the licence in a manner violating the General Service and Licence Terms and the prevailing legal regulations is considered to be unlawful conduct. If the User uses his/her licence unlawfully, the Service Provider shall claim compensation or enforce any other civil-law claim against the breaching party, as the case may be.

9.11. The Service Provider shall immediately be entitled to exercise the right of termination if the User unlawfully uses his/her licences acquired by the contract.

10. Consumers' right to terminate without cause

The User is granted access to the Photographic Work as a digital content. If the User is a Consumer (a natural person acting outside the scope of his/her profession, independent occupation or business activity), he/she shall not exercise the right of termination without cause if the Service Provider begins the performance with the express preliminary consent of the Consumer and, simultaneously with his/her aforesaid consent, the Consumer also declares to acknowledge that following the commencement of the performance he/she will lose his/her right of termination without cause exercisable within 14 days.

11. Data safety

11.1. The Data Manager shall protect in any expectable way the Registered Visitors' data managed in the Web Store. In order to avoid any unauthorised utilisation of the managed personal data and any misuse related thereto, the Data Manager shall apply technical and operational safety measures. The Data Manager shall control its safety procedures on a regular basis and shall improve them in accordance with the technological development. At the same time, the Data Manager declares that it does not assume any liability for any damage of the database, phishing or any other damage resulting from any attack against or any unauthorised intrusion into the system.

11.2. The Registered Visitor/User knows and accepts the technical possibilities, risks and limits of using the internet in connection with the Orders. The Registered Visitor/User shall assess any risks related to browsing through the Website, placing the Order and performing the obligations pertaining to the aforesaid, ensure the safe use of his/her computer and the protection of data stored in it and shall also provide for taking the necessary precautions (e.g. using antivirus and antispyware software and installing other security updates). In connection with the above the Service Provider shall not be bound by any liability, including in particular any damage arising out of (i) the use of the Website and the interruption or breakdown of its operation; (ii) any damage or loss of data and any error occurring while uploading data, (iii) any delay in forwarding information, (iv) the appearance of viruses and other harmful components; and (v) the error of any software, hardware, any other technical devices or the network.

11.3. The Registered Visitor/User shall ensure the safe use of his/her data (e.g. personal data, passwords, identification symbols) used in the course of placing the Order and within the framework of this he/she shall prevent that they are accessed by any unauthorised person. In case any unauthorised third party takes possession of the data of the Registered Visitor/User, the Service Provider does not assume any liability for any damage or disadvantage resulting therefrom. The Registered Visitor/User shall inform the Service Provider forthwith if he/she observes any misuse in connection with such data. The Registered Visitor/User shall be liable for any damage resulting from the delay of such information.

12. Liability of the Service Provider

The Service Provider shall only be liable for damages caused by it wilfully and in connection with its activity and excludes liability for any other damage.

13. Handling complaints

13.1. Complaints can be laid using the electronic e-mail address of the Service Provider.

13.2. The Service Provider shall answer in the merits any written complaint within thirty days after receipt in writing and take action to communicate such answer. The Service Provider shall justify its standpoint based on which the complaint was rejected.

13.3. If a Consumer (a natural person acting outside the scope of his/her profession, independent occupation or business activity) has tried to settle directly any dispute related to the conclusion and performance of a contract entered into based on the present Terms unsuccessfully, he/she may resort to a dispute resolution board for settling such dispute amicably.

13.4. The dispute resolution board of the place of the permanent or temporary residence of the Consumer shall have jurisdiction to conduct the procedure. In the absence of any domestic permanent or temporary place of residence of the Consumer the jurisdiction of the dispute resolution board shall be based on the seat of the business affected by the dispute with the Consumer or that of the organisation authorised to represent said business. Based on the relevant request of the Consumer, the dispute resolution board indicated in the application of the Consumer shall have jurisdiction to conduct the procedure instead of the board having jurisdiction according to the aforesaid.

Data of the dispute resolution board competent according to the location of the seat of the Service Provider:

Dispute Resolution Board of Pest County (Pest Megyei Békéltető Testület)

Address: 1119 Budapest, Etele út 59-61. 2. em. 240.

14. Miscellaneous

14.1. The contract concluded in accordance with the present Terms is for an indefinite period of time. Pursuant to Act LXXVI of 1999 on copyright, the contract shall become terminated after the lapse of the protection time, i.e. seventy years from the death of the author. The protection time of seventy years shall be calculated from the first day of the year following the death of the author.

14.2. In respect of any legal dispute arising in connection with the contracts concluded in accordance with the present Terms the Hungarian courts shall proceed with exclusive jurisdiction based on the Hungarian law.

 

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