Public Foundation for the Research of Central and East European History and Society
General Terms and Conditions
concerning the placing of orders in the Photo Gallery (Fotótár)
Effective from: May 25, 2018
These Terms and Conditions set out the rights and obligations of users using the electronic services provided (henceforward: Services) via the Photo Gallery on the www.terrorhazafoto.hu website (henceforward: Website) operated by the Public Foundation for the Research of Central and East European History and Society (reg.seat: H-1122 Budapest, Határőr út 35, Hungary, reg.no.: 01-01-0007526, VAT no.: 18237010-2-43, contact details: email@example.com, +36 (1) 212-7140, henceforward: Service Provider), as well as the rights and obligations of Service Provider.
These Terms and Conditions relate to the use of the services provided by the Service Provider. By registering at the Website and ordering services available at the Website, you accept and consent to be bound by these Terms and Conditions, so we kindly ask you to read them, and only use the services provided at the Website if you consent to be bound by all the provisions of the Terms and Conditions.
Service Provider: In the context of these Terms and Conditions, the House of Terror Museum operated by the Public Foundation for the Research of Central and East European History and Society shall be considered the provider of the services.
Customer: A User (natural or legal person) that avails itself of the services made available by the Service Provider at www.terrorhazafoto.hu, e.g. Orders at least one photo.
Service:: The act of making available and searchable Photos considered works of art, registered in the archives of the House of Terror Museum, available on the website www.terrorhazafoto.hu operated by Service Provider, which may be reached via telecommunications networks, and providing Customers with digital copies thereof (in exchange for payment).
Photos: Photographic works, products (considered artworks) with Hungarian text that are available for order from the selection of photos at the website www.terrorhazafoto.hu.
Order: The following shall be considered an order: when a registered User fills out the Order form, and makes a declaration regarding the acceptance of the Licencing Agreement, and as a result, a specific Licencing Agreement is concluded between the Service Provider and the Customer regarding the Photo or the Photos.
Business Day: Days between Monday and Friday, except for bank holidays.
Registration Form: A Form available on the website of the Photo Gallery which can be used to register a user account. The User needs to provide personal data for this purpose.
User Account: An electronic service which can be accessed with a personal user name and password, and which stores the customer data needed for placing Orders in the Photo Gallery in the IT system of the Service Provider.
Photo Gallery: The Photo Gallery available at www.terrorhazafoto.hu, operated by the Service Provider, where Users may freely browse for research or other purposes, or order Photos (in exchange for payment).
Licencing Agreement: Licencing Agreement concluded between the Service Provider and the User for the purpose of ordering and using one or more Photos. According to the relevant Government Decree, both these Terms and Conditions and the Licencing Agreement shall constitute a distance contract. The provisions of these Terms and Conditions shall constitute a mandatory and inalienable part of any Licencing Agreements.
Communications Device for Distant Parties: A Device suitable for distant parties to declare their intention to enter into contract with each other. Such Devices can be addressed or unaddressed forms, standard letters, press advertisements with order forms, catalogues, phones, faxes and devices with an internet connection.
Applicable legislation: all applicable laws that are relevant for the Service Provider, the User and the Museum, including Act 5 of 2013 on the Civil Code, Act 108 of 2001 on certain issues of electronic commerce services and information society services, Governmental Decree 45/2014 on the detailed rules of contracts concluded between consumers and companies (II. 26.), Act 2011/112 on the right to informational self-determination and freedom of information (Info Act), Act 1997/155 on consumer protection, Act 1997/140 on museums, public libraries and communal culture.
2.1./ The personal scope of these Terms and Conditions encompass the Service Provider and the Users registered at www.terrorhazafoto.hu and those using the Service without registration.
2.2./ The substantive scope of these Terms and Conditions encompass the operation and use of the Photo Gallery available at www.terrorhazafoto.hu(henceforward: the Photo Gallery), and the Service provided by the Photo Gallery. These Terms and Conditions shall apply for all methods of use (mobile website, mobile applications, Facebook page etc.) of the Services provided by the Service Provider that are suitable for accessing the systems of the Service Provider.
2.3./ By registering and placing orders on the Website, the User consents to be bound by all provisions of these Terms and In case the User does not accept the provisions of these Terms and Conditions, they are not authorized to use the website.
3./ INFORMATION OF THE SERVICE PROVIDER
3.1./ The Website and the Photo Gallery are operated by the Service Provider: the Public Foundation for the Research of Central and East European History and Society.
3.2./ The following are the information of the Service Provider:
Registered seat: H-1122 Budapest, Határőr út 35, Hungary
Registration number: 01-01-0007526
Court responsible for maintaining the commercial register: Metropolitan Court of Justice
Tax number: 18237010-2-43
Place of performance of the business activities carried out in connection with the Photo Gallery, postal address: H-1062 Budapest, Andrássy út 60, Hungary
Phone number: +36 (1) 212-7140
Hosting service provider: Public Foundation for the Research of Central and East European History and Society
4./ SUBJECT MATTER OF THE TERMS AND CONDITIONS AND LICENCING AGREEMENTS
4.1./ The subject matter of these Terms and Conditions and the Licencing Agreement is the order and use of one or more Photos available from the digital photography archives, hosted by the House of Terror Museum operated by the Service Provider By accepting these Terms and Conditions and your individual Licencing Agreement, you have the option to order the digital Photos contained in the digital photography collection, and by using the service of the Service Provider, may obtain a licence for using them.
4.2./ The entirety of the digital photography archives as a compiled work, as well as the individual Photos are under copyright protection.
5./ ELECTRONIC SERVICES PROVIDED BY THE SERVICE PROVIDER
The following electronic services are available on the website www.terrorhazafoto.hu, in the context of the Photo Gallery: Creating User Accounts, submitting Orders regarding the Photo or Photos that the User would like to order.
6./ USER ACCOUNT, REGISTRATION
6.1./ Steps for creating User Accounts:
a) filling out the Registration Form,
b) clicking the “Registration” (Regisztráció) button,
C) confirming the creation of the User Account by sending a confirmation link to the e-mail address provided by the User.
6.2./ The Users are only authorized to provide their own personal data on the Website.
6.3./ The User is solely responsible for providing accurate, up-to-date and genuine information. The Service Provider excludes all liability regarding the accuracy and genuineness of the data found on the Website. The Service Provider cannot be held liable for delays in performance and other problems, omissions stemming from inaccurately and/or erroneously provided data. The User shall keep their password secret and handle it carefully. The Service Provide shall not be held liable for damages resulting from the User forgetting their password, or from the password becoming known to unauthorized third parties by no fault of the Service Provider.
6.4./ When registering, the User needs to provide the following personal data:
a) last name and first name
b) company name (if relevant)
c) e-mail address,
d) phone number,
e) postal address/registered office (country, municipality, postal code, street name, house number, floor, door number),
f) date of birth (year, month, day)
g) for legal entities, tax number.
6.5./ The User may only use the services of the Photo Gallery by selecting the appropriate checkbox, with which the User declares that they have read and accept the Data Processing Guidelines and the Terms. By selecting this checkbox, the user declares that they have read and understood all the provisions of these Terms and Conditions and the Data Processing Guidelines, and that they will comply with and consent to be bound by these provisions.
6.6./ The User Accounts service is free to use, and is for an indefinite duration. The User is entitled to delete their User Account at any time, without justification. For this purpose, the User shall send a request stating their intent to the Service Provider, either via e-mail to the following address: firstname.lastname@example.org or in a written postal letter to the address of the Service Provider: 1062 Budapest, Andrássy út 60.
7.1./ Users need to register a User Account, and have to accept these Terms and Conditions and the Data Processing Guidelines to submit an order on the Photo Gallery website.
7.2./ Users may order the selected Photo or Photos in the way described in the Order Guide under the Page info.
7.3./ Orders may be placed both by registered and unregistered users.
8./ USING THE SERVICE
8.1./ Natural persons may only register on the Website if they are 18 or older. If you are not yet 18, please discontinue the registration.
8.2./ The Service Provider shall only accept orders where the User have filled in all the required information. The Service Provider cannot be held liable for delays in performance and other problems, omissions stemming from inaccurately and/or erroneously provided order information.
9./ PROCESS OF PLACING AN ORDER, CONCLUDING A LICENCING AGREEMENT
9.1./ The Licencing Agreement shall enter into force upon the User submitting an order to the Service Provider.
9.2./ Please select the Photo required, then the area of application where you plan to use the Photo: Book, other publication, magazine or Multimedia, advertising, exhibition, and the purpose that best describes the way that you plan to use the Photos. In the line selected, you can see the royalty fee for the single use licence related to the use case and the quantity. In case none of the categories apply to your use case, please contact our customer service on email@example.com to make arrangements concerning a bespoke offer.
9.3./ We kindly remind you that by finalizing the order, you make a declaration that incurs a payment obligation.
9.4./ By submitting the order, the User accepts these Terms and Conditions, and consents to be bound by their provisions.
9.5./ After the Customer has successfully paid for the order, and the Service Provider has activated the relevant access, the Service Provider sends the ordered and paid Photo or Photos to the e-mail address that the Customer has provided during the ordering process.
9.6./ The Licencing Agreement shall be recorded and be made available to the Customer by the following methods:
a) these Terms and Conditions shall be continuously available at www.terrorhazafoto.hu,
b) the confirmation e-mail sent by the Service Provider to the Customer shall contain the full details of the order,
c) the Service Provider shall file the invoice related to the order, and attach the Order to the invoice.
9.7./ The Licencing Agreement does not constitute a written agreement, but an electronically concluded distance agreement.
10./ RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
10.1./ The Service Provider shall send the ordered Photo or Photos in an electronic format to the e-mail address provided by the Customer during the ordering process within the agreed deadline, according to the Licencing Agreement, thus permitting the Customer to use the Photos for the chosen and ordered use case and for the duration and number of times allowed.
10.2./ In case the Customer utilizes the ordered and paid Photos in ways not authorized by these Terms and Conditions or the specific Licencing Agreement, the Service Provider may demand further payments for this unauthorized use, and may demand to be compensated for its damages resulting from the unauthorized use.
11./ RIGHTS AND OBLIGATIONS OF THE CUSTOMER
11.1./ The Customer is entitled to use the Photos sent to them by the Service Provider as per the Licencing Agreement, for the purpose, duration and number of times originally stated on the order.
11.2./ The Customer shall pay the licencing fee set out in the Licencing Agreement to the Service Provider within fifteen (15) business days after the Licencing Agreement is concluded, which occurs when the Service Provider confirms the order.
11.3./ It is explicitly prohibited for the Customer to build a database from the Photos provided by the Service Provider.
11.4./ It is the responsibility of the Customer to procure the devices needed to use the Service.
12./ SERVICE FEES, PAYMENT TERMS
12.1./ The licence fees of a specific Photo depends on the area of use, the use case, the purpose, the duration and the number of times that the Photo will be used. For each Photo, the Description (Leírás) field contains the licence fees based on the area of use, the use case, the purpose, the duration and the number of uses under the Licence fee (Felhasználási díj) heading. The Licence fee is always given in Hungarian Forints and contains VAT.
12.2./ The service provided by the Photo Gallery does not need delivery, so the Customer shall not pay delivery fees or transport fares.
12.3./ The Service Provider accepts complaints regarding its invoices within 5 (five) days of the receipt of the invoice. The Parties agree that this limit for the complaints shall be considered a preclusive period.
12.5./ The Customer may only choose one payment method (bank transfer) for the purpose of fulfilling its obligations regarding the Licencing Agreement.
12.7./ Please note that the bank transfer fees of domestic and international transfers shall be paid by the Customer. Ask your bank for the current rates.
13.1./ All Photos in the Photo Gallery as well as the entirety of the Photo Gallery are under copyright protection. The holder of the proprietary licence rights is the Service Provider.
13.2./ The Customer is only entitled to adapt the Photos with the prior written permission of the Service Provider.
13.3./ The Customer shall not make the Photos available for third parties in any way, except where provided specifically in the order.
13.4./ When using the Photos in any way, the Customer shall indicate that the House of Terror Museum is the source of the Photos, and refrain from listing any other sources.
13.5./ In case the Customer becomes aware that unauthorized Third Parties are using the Photos as a result of the activities or negligence of the Customer, the latter shall immediately notify the Service Provider, and assist the Service Provider in rectifying this infringement and restoring the rights of the Service Provider to the Photos.
13.6./ In case the Customer aims to use the Photos ordered under a unique licence agreement on a website, the Customer shall include the following text on the website containing the Photos: “The photos contained in this page are under copyright protection. According to copyright laws, it is explicitly prohibited to use these Photos except in cases where free use is permissible. Using these photos in cases where free use is not permissible shall not only result in an obligation to pay the damages caused as well as restitution, but may entail criminal consequences.”
13.7./ While using the Photo Gallery, the Customer is obliged to comply with the applicable legislation, and respect the personality rights and intellectual property rights of the Service Provider and all third parties. The Customer is liable for all damages stemming from non-compliance.
14./ LIABILITY FOR DAMAGES
14.1./ The Customer acknowledges and accepts that the Service Provider excludes all liabilities regarding the use of the Photos by the Customer or made possible by the Customer that are contrary to these Terms and Conditions, the specific Licencing Agreement or the applicable legislation.
14.2./ The Customer accepts that the Service Provider cannot be held liable for damages resulting from functional problems of the service and the occasional technical failures.
14.3./ The Service Provider shall not be held liable for damages resulting from connecting to the Website. The Customer is responsible for protecting their computer and the data stored on it.
14.4./ The Customer accepts that the Service Provider is entitled to suspend the service or limit its use in any way at any time and without prior notice, for the purpose of improving the service or troubleshooting its technical problems. The Customer states that they shall not pursue claims for damages resulting from the suspension or limitation of the service against the Service Provider.
15./ WARRANTY, GUARANTEE
15.1./ In case of lack of conformity on the part of the Service Provider, the Customer is entitled to pursue warranty claims against the Service Provider according to the provisions of the Civil Code.
15.2./ According to the Civil Code, faulty performance on the part of the Service Provider means when its performance at the delivery date is not in compliance with the quality requirements laid down in the specific Licencing Agreement.
15.3./ The Customer may choose to pursue the following warranty claims: The Customer may choose either repair or replacement, unless compliance with the claim chosen by the Customer is impossible or it results in disproportionate expenses on the part of the Service Provider as compared to the alternative remedy. The Customer may choose a commensurate reduction in the consideration, repair the defect himself or have it repaired at the expense of the Service Provider, or (as a final remedy) to withdraw from the contract if the obligor refuses to provide repair or replacement or is unable to fulfil that obligation. The Customer shall be entitled to switch from the warranty right he has selected to another. The cost of switch-over shall be covered by the Customer, unless it was made necessary by the conduct of the Service Provider.
15.4./ The Customer shall inform the Service Provider of any problems without delay, but not later than two months after discovering the lack of conformity. Please note, however, that your right to warranty shall lapse after two years from the performance of the Licencing Agreement.
15.5./ Within six months of delivery, you only need to prove that you have bought the Photo from the Service Provider, this is the only condition that you need to fulfil for exercising your warranty rights. From six months after the delivery, the onus is on you to prove that the defect that you discovered was already present at the time of delivery.
15.6./ The Service Provider provides a warranty of title for the Photos.
15.7./ The Service Provider is not obliged to offer guarantees regarding the Photos.
16./ CUSTOMER’S RIGHT TO WITHDRAW
16.1./ The User enjoys the right of withdrawal without justification from the time of the conclusion of the specific Licencing Agreement until the Service Provider commences performing its obligations under the specific Licencing Agreement.
16.2./ According to point m) of paragraph (1) of Section 29 of Government Decree 45/2014. (II. 26.), the Customer may not exercise their right of withdrawal after the Service Provider has already started the performance of its obligations. By accepting these Terms and Conditions, the Customer explicitly and in advance consents to the Service Provider commencing its performance without delay upon receiving the service fees from the Customer, and the Customer also states that they acknowledge that when the Service Provider commences its performance, the Customer loses the right of withdrawal without justification. The performance of the Service Provider shall be considered commenced when the Service Provider provides access to the Photos for the Customer, regardless of when the Customer exercises their access rights.
16.3./ The Customer can exercise their rights of withdrawal by sending a statement to the following e-mail address: firstname.lastname@example.org.
16.4./ In case of withdrawal by the Customer, the Service Provider shall reimburse the service fees already paid within fourteen (14) days. The reimbursement is conducted with the same payment method that was used for the original transaction, except when the User explicitly gives their consent to the use of a different payment method. The User shall not incur any additional costs as a result of this reimbursement method.
16.5./ Businesses, meaning persons acting within the scope of their trade, profession or business practice are not entitled to the right of withdrawal set out by this section.
17./ HANDLING OF PERSONAL DATA
The Data processing Guidelines of the Service Provider contain the specific rules governing the usage of the personal data of the User.
18./ COMPLAINTS MANAGEMENT
18.1./ In case the User wants to submit complaints or claims or encounters data processing errors while using the service, the User may contact the Service Provider using the following contact information:
On the phone: +36-1-212 7140.
Via e-mail at: email@example.com.
By postal mail: 1062 Budapest, Andrássy út 60.
18.2./ The Service Provider provides the complaints management service free of charge.
18.3./ The Customer may not lodge quality-related complaints against the Photos ordered if the Photo that was sent to them is of the same quality as the Photo that is available in the Photo Gallery.
18.4./ The Service Provider states that the Service Provider does not record complaints lodged on the phone by the Customer.
18.5./ When submitting your complaint, we suggest you include the following information:
a) detailed information on and the circumstances of the subject of the complaint, characteristics of the procedure against which you complain;
b) your request,
c) contact information where we can reach you for the purpose of handling the complaint.
By providing this information, you facilitate and simplify the complaint investigation on the part of the Service Provider.
18.6./ The Service Provider shall provide a response to your complaint within 14 calendar days of submitting the complaint.
18.7./ Please be aware that in case your complaint is rejected, you have the opportunity to initiate an administrative procedure or a conciliation procedure by contacting the following authorities.
18.8./ Conciliation procedures may be initiated at the Conciliation Panel of Budapest (Budapesti Békéltető Testület, registered office: 1016 Budapest, Krisztina krt. 99. III. em. 310., postal address: 1253 Budapest, Pf.: 10.. e-mail: firstname.lastname@example.org, fax: 06 (1) 488 21 86, phone: 06 (1) 488 21 31.
18.9./ If you believe that the Service Provider has committed a consumer protection offence in connection with your complaint, you can submit your grievances to the District Administrator’s Office in whose territorial jurisdiction you reside. You can find the list of these offices at the following address: http://jarasinfo.gov.hu
19./ FINAL PROVISIONS
19.1./ In matters not regulated by these Terms and Conditions, the Applicable legislation shall be considered applicable.
19.2./ The Data Processing Guidelines of the Service Provider found at the Photo Gallery website shall be considered an inalienable part of these Terms and Conditions.
19.3./ The Website operated by the Service Provider provides an appropriate degree of security, however, we suggest that you take the following precautions: use anti-virus and anti-spyware programs and keep their databases up-to-date, and always install security upgrades for your operating system. By using the Website, we assume that the User is fully aware of the technical limitations of the internet, and accepts that due to these limitations, errors may occur.
19.4./ The Service Provider does not accept any codes of conduct as binding.
19.5./ The Service Provider is entitled to unilaterally change the provisions of these Terms and Conditions at any time. These changes are considered in effect at the time of their publication on the Website.
Dated Budapest, 25 May 2018