Terms and Conditions
TERMS CONDITIONS OF USE
General Terms and Conditions for orders submitted to the Photo Library of the Foundation for the Research of Central and Eastern European History and Society
IN FORCE FROM: 10 April, 2024
The present Terms and Conditions (hereinafter referred to as "TCU") regulate the conditions of use of the photographs accessible through the www. terrorhazafoto.hu website (hereinafter referred to as the "Website") operated by the Foundation for the Research of Central and Eastern European History and Society (head office: 1122 Budapest, Határőr út 35., registration number: 01-01-0007526, tax number: 18237010-2-43, contact: info@terrorhazafoto.hu, +36 (1) 212-7140; hereinafter referred to as "the Service Provider"). Hereafter you will find the description of the rights and obligations of the user (hereinafter referred to as the "User") of the electronic services provided by the Photo Library (hereinafter referred to as the "Service") and of the Service Provider.
These TCU apply to the use of the Service Provider's services and, in the event of the conclusion of an individual contract, form an integral part of the individual contract. By registering on the website and submitting orders related to services, the User accepts these TCU and acknowledges them as binding, and therefore users are requested to always read these TCU before using the Website and only to use the services provided on the Website if they acknowledge being bound by all the provisions of the TCU.
1./ TERMS USED
Service Provider: for the purposes of these TCU, the Foundation for the Research of Central and Eastern European History and Society is considered the Service Provider.
Customer: any User (natural or legal person) who uses the service offered by the Service Provider on the website www.terrorhazafoto.hu, orders one or more photos.
Service: the publishing and making searchable photographs of artistic value, registered in the collection of the House of Terror Museum, available on the website www.terrorhazafoto.hu operated by the Service Provider through the use of a telecommunications network, or providing digital copies to the Customer for a fee.
Photographs: cultural property holding artistic value, consisting of photographs and a selection of photographs available in the Photo Library system on the website www.terrorhazafoto.hu, with texts attached in Hungarian and English.
Order: an order is considered to be placed when the User purchases the photo(s) after adding them to a shopping cart and accepting the TCU and the Privacy Policy. The customer thereby makes a legal declaration regarding the order, which, upon confirmation by the Service Provider, creates an individual contract between the Service Provider and the Customer for the photo(s) (hereinafter referred to as the "Terms of Use agreement").
Working day: any day from Monday to Friday, excluding public holidays.
Registration Form: the form available on the Photo Library website to create a user account by providing personal data.
User Account: an electronic service that is personalised, accessed by means of a username and password, and which contains the Customer data required to place an Order at the Photo Library in the Service Provider's IT system.
Photo Library: the Photo Library available on the website www.terrorhazafoto.hu, operated by the Service Provider, where Users can freely browse and order Photos for a fee for various purposes, including research.
Terms of Use agreement: the Terms of Use agreement is the contract concluded between the Service Provider and the Customer through the Photo Library for the publication and use of one or more Photos, whereby the Customer places an order and the Service Provider grants the Customer the right to publish and use the Photos. Both the TCU and the individual Terms of Use agreements shall be deemed to be contracts concluded between persons acting in an absentee capacity as defined in the relevant Government Decree. The provisions set out in the TCU shall in any event form an integral and binding part of the individual contracts.
Remote communication device: a device which enables the parties to make a contractual statement in their absence for the purpose of concluding the contract. Such means include addressed or unaddressed printed documents, standard letters, advertisements published in the press with order forms, catalogues, telephone calls, fax messages and devices with Internet access.
Relevant legislation: all legislation regarding the Service Provider, the User and the Museum, including Act V of 2013 (Civil Code); Act CVIII of 2001 on certain aspects of electronic commercial services and information society services; Government Decree No. 45/2014 (26. II.) on the detailed rules of contracts between consumers and businesses; Act CXII of 2011 on the right to information self-determination, and freedom of information (Data Protection Act); Act CLV of 1997 on consumer protection; Act CXL of 1997 on museums, public libraries, and public culture.
2./ SCOPE OF THE TCU
2.1./ The personal scope of the TCU extends to the Service Provider and to the Users registering on the website www.terrorhazafoto.hu.
2.2./ The subject matter of the TCU is the operation and use of the Photo Library available at www.terrorhazafoto.hu (hereinafter referred to as the "Photo Library") and to the use of the Service provided within the framework of the Photo Library. The TCU shall apply to all methods of use related to service of the Service Provider (mobile website, mobile applications, Facebook page, etc.) through which the Service Provider's system is accessible.
2.3./ By registering and/or placing an order through the Website, the User acknowledges that he/she is bound by all the provisions of the TCU. If the User does not accept the provisions of these TCU, he/she is not entitled to use the services of the Website.
3./ DETAILS OF THE SERVICE PROVIDER
3.1./ The Website and the Photo Library are operated by the Foundation for the Research of Central and Eastern European History and Society as the Service Provider.
3.2./ The data of the Service Provider are as follows:
Head office: 1122 Budapest, Határőr út 35.
Registration number: 01-01-0007526
Court of registration: Fővárosi Törvényszék
Tax number: 18237010-2-43
The Photo Library is based and operates at:
1062 Budapest, Andrássy út 60.
E-mail: info@terrorhazafoto.hu
Phone: +36 (1) 212-7140
Service Provider: Foundation for the Research of Central and Eastern European History and Society
4./ SUBJECT MATTER OF THE TCU AND OF THE SPECIFIC USE CONTRACT
4.1./ The subject of the TCU and the individual Terms of of Use agreement is the ordering and the use of one or more Photos accessible through the digital photo archive of the House of Terror Museum operated by the Service Provider. After accepting the TCU, the User may order the digital photos contained in the digital photo collection and, by means of the individual Terms of Use agreement, acquires the right to publish and use the Photos ordered through the Service Provider's service.
4.2./ Both the digital photo archive as a whole as a collection, and each individual photo is protected by copyright.
5./ ELECTRONIC SERVICES PROVIDED BY THE SERVICE PROVIDER
On the website www.terrorhazafoto.hu, users can use the following electronic services within the framework of the Photo Library.
6./ USER ACCOUNT, REGISTRATION
6.1./ Steps to create a User Account (registration):
a) fill in the Registration Form,
b) click on the "Register" button,
6.2./ Users may only enter their own personal data on the Website.
6.3./ The User is solely responsible for the accuracy, timeliness and truthfulness of the data provided. The Service Provider excludes any liability in connection with the incorrectness, misspelling or misrepresentation of the data provided on the Website. The Service Provider shall not be held liable for any delay, or any other problem or error caused by the User's incorrect and/or inaccurate data. The User shall keep their chosen password confidential and manage it with care. The Service Provider shall not be liable for any damages resulting from the User forgetting his/her password or from its disclosure to unauthorized persons for any reason beyond the Service Provider's control.
6.4./ The following personal data should be provided during Registration:
a) for natural persons, first and last name,
b) in the case of legal persons, the company’s name,
c) e-mail address,
d) telephone number,
e) address/address details (country, city, postcode, street, house number, floor, door),
(f) tax number in case of a legal person.
6.5./ In order to use the services of the Photo Library, you must declare that you have read and accept the Privacy Policy and the TCU by selecting the relevant checkbox. By selecting the checkbox, the User declares that he/she has read, understood and fully complies with all the provisions of these TCU and the Privacy Policy and that he/she accepts to be bound by all the provisions thereof.
6.6./ Our User Account service is free of charge and is valid for an indefinite period of time. The User has the right to cancel his/her User Account at any time without giving any reason (cancellation of User Account) by sending a request to the Service Provider by e-mail to info@terrorhazafoto.hu or by mail to the Service Provider's postal address at Andrássy út 60, 1062 Budapest, Hungary.
7./ ORDERING
7.1./ Users who have accepted these TCU and our Privacy Policy may order images from the Photo Gallery.
7.2./ The User may order the photo or photos of his/her choice as described in the Order Instructions in the Info menu.
7.3./ Orders may be placed by registered Users.
8./ TERMS OF USE
8.1./ Natural persons may register on the Website only if they are over 18 years of age. If you are under 18 years of age, please terminate your registration.
8.2./ The Service Provider will only accept an order once the User fills in all the data required. The Service Provider shall not be liable for any delay or any other problems or errors caused by the User's incorrectly and/or inaccurately provided order data.
9./ ORDERING PROCEDURE, CONCLUSION OF THE TERMS OF USE AGREEMENT
9.1./ The Terms of Use agreement is concluded upon registration and sending an order to the Service Provider.
9.2./ For the order to be fulfilled, the Customer should select the desired photo, then the field in which the photo is to be used: Exhibition, Publication or Multimedia and Advertising, as well as the purpose of publication and use corresponding to the use intended by the Customer. If the Customer's intended use is not covered by any of the categories, please contact us at info@terrorhazafoto.hu to discuss the specific option.
9.3./ An order is a legal declaration which entails a payment obligation for the Customer.
9.4./ By placing an order, the User declares that he accepts and is bound by these TCU.
9.5./ Upon successful online payment, the Customer may download the purchased photos from his/her account.
9.6./ The User Agreement is recorded and available to the Customer as follows:
a) these TCU are permanently available on the www.terrorhazafoto.hu Website;
b) the Customer receives the order details in a confirmation e-mail sent to him/her by the Service Provider, thus creating the individual Terms of Use agreement between the Customer and the Service Provider;
c) the invoice issued by the Service Provider for the Order will be filed, and the Order will be attached to the invoice in all cases.
9.7./ The Terms of Use agreement is concluded between the Service Provider and the Customer upon the sending of a confirmation e-mail by the Service Provider to the Customer, which confirms the content of the order.
9.8./ The terms of Use agreement is not a written contract, but a remotely concluded electronic one.
10./ RIGHTS AND OBLIGATIONS OF THE PROVIDER
10.1./ The Service Provider is obliged to make the ordered photos available to the Customer based on the individual Terms of Use agreement after the Customer has paid the publication and useage fees, and to ensure that the respective photos can be downloaded from the Customer's User Account. The Service Provider thereby authorises the Customer to use the Photos in the field, for the purpose and duration and at the time chosen and paid for by the Customer.
10.2./ If the Customer uses the photos ordered and paid for by him/her in any way contradicting these TCU and/or the individual Terms of Use agreement, the Service Provider shall be entitled to claim additional remuneration for the unlawful use and may also claim compensation for any damages resulting from it.
11./ RIGHTS AND OBLIGATIONS OF THE CUSTOMER
11.1./ The Customer will be entitled to use the photographs sent to him by the Service Provider on the basis of the contract concluded with the Service Provider in the field, for the purpose, for the duration and at the time specified in the order.
11.2./ In case of payment by bank transfer, the Customer shall pay the Service Provider the usage fee under the individual Terms of Use Agreement within fifteen (15) working days of the conclusion of the Agreement, upon receipt of the confirmation e-mail pursuant to Clause 9.6. b) of the TCU.
11.3./ The Customer is expressly prohibited from building a database from the photographs provided by the Service Provider.
11.4./ The Customer shall take care of the technical means necessary for the use of the Service.
12./ SERVICE FEES, PAYMENT TERMS
12.1./ The publication and usage fees (prices) for each photo vary depending on the field, purpose, duration and occasion of use. For each photo, the usage fee is indicated under the heading "Publication, usage fee / price", depending on the field, purpose, duration and occasion of use. The usage fee is always denominated in HUF and includes VAT.
12.2./ The service provided by the Photo Library does not require transportation, the Customer shall thus not be liable to pay any transportation costs or charges.
12.3./ The Service Provider accepts complaints within 5 (five) days of receipt of the invoice. The Parties consider this a strict deadline for submitting invoice-related complaints.
12.5./ The Customer may choose to pay for the service by credit card or by bank transfer.
12.6./ The Customer shall bear the charges for card transactions as well as domestic and international bank transfer fees. The bank of the Customer’s choice can provide information on the amount of those fees.
12.7./ By accepting this TOS, the Customer acknowledges that the personal information (listed below) that they provide and that is stored in the user database of https://www.terrorhazafoto.hu (as the point of payment) by the Foundation for the Research of Central and Eastern European History and Society (registered seat: 1122 Budapest, Határőr út 35.) as the Service Provider (data controller) shall be transferred to OTP Mobil Kft. (Budapest, Váci út 135-139-B. ép. 5. em, 1138) as the data processor. The data controller transfers the following data: name, e-mail address, phone number of the Customer, billing address. You may find more information on the nature and purpose of the processing activities carried out by the processor in the privacy statement of SimplePay, available at: https://simplepay.hu/adatkezelesi-tajekoztatok/
13./ COPYRIGHT
13.1./ All the photographs available for uses in the Photo Library and, as well as the entire Photo Gallery as a digital photo collection (collection) are protected by copyright. The holder of the rights is the Service Provider.
13.2./ The Customer shall be entitled to modify the photos with the prior written consent of the Service Provider.
13.3./ The Customer may not make the photographs available in any form to or allow them to be used by third parties, except as provided for in the Order.
13.4./ The Customer shall be obliged to indicate the House of Terror Museum as the source of any use of the photographs and to refrain from indicating any other source of reference.
13.5./ The Customer shall notify the Service Provider if it becomes aware of the photographs being used unlawfully due to acts of the Customer or omissions by a third party, and shall assist preventing the infringement and in securing the Service Provider's rights in relation to the photographs.
13.6./ In case the Customer uses the photographs received under the Individual Terms of Use Agreement on its Internet website, on the website containing the photographs, the following text should be displayed: “The photographs available on this present website are protected by Copyright Law. Any use of the photographs other than under fair use principles is prohibited by Copyright law! Any use of the Photos outside the scope of fair use may result in criminal prosecution, in addition to compensation for moral and/or material damages."
13.7./ The Customer shall use the Photo Library in accordance with the relevant legislation, in compliance with the personality and intellectual property rights of the Service Provider and third parties and shall be liable for any damages resulting from failure to do so.
14./ LIABILITY FOR DAMAGES
14.1./ The Customer acknowledges and accepts that the Service Provider excludes its liability for any use of the photographs by the Customer or permitted by the Customer which is in breach of the TCU, the specific Terms of Use Agreement or relevant legislation.
14.2./ The Customer accepts that the Service Provider shall not be liable for any damages resulting from functional problems of the Service and that the Service Provider shall not be liable for occasional technical failures.
14.3./ The Service Provider shall not be liable for any damage caused by Website connection. The User is responsible for the protection of his/her computer and the data on it.
14.4./ The Service Provider reserves the right – and the Customer agrees to that – to suspend or otherwise limit the Service at any time without prior notice to the Customer in order to improve the quality of the Service or to remedy functional problems with the Service. The Customer declares that he/she will not claim damages from the Service Provider in the event of the suspension or any other limitation of the Service.
15./ WARRANTY, GUARANTEE
15.1./ In the event of defective performance by the Service Provider, the Customer may assert a warranty claim against the Service Provider in accordance with the provisions of the Civil Code.
15.2./ Under the Civil Code, the Service Provider shall be deemed to have performed defectively if its service does not meet the quality requirements laid down in the individual Terms of Use Agreement at the time of performance.
15.3./ The Customer may chose to claim one of the following remedies: He/she may request repair or replacement, unless the Customer’s choice of any of these is impossible or would involve disproportionate additional costs for the Service Provider compared to the cost of fulfilling other orders. If the repair or replacement was not or could not be requested, the Customer may request a proportionate reduction in the price or have the defect repaired or replaced by another party at the expense of the Service Provider or, as a last resort, withdraw from the contract. He/she may choose to make a claim under a different theory of warranty, but the associated costs shall be borne by the Customer, unless it is justified or motivated by the behaviour of the Service Provider.
15.4./ The Customer shall notify the Service Provider of the defect immediately, but not later than two months after its discovery. The Customer may no longer assert its rights to claim reparation for defects beyond the two-year limitation period from the date of completion of the order.
15.5./ Within six months from the date of performance, the Customer shall have no further obligation to assert a claim under the warranty other than notifying the Service Provider of the defect, provided that the Customer can prove that he/she ordered the photograph from the Service Provider. After six months from the date of performance, however, it is the obligation of the Customer is to prove that the defect discovered already existed at the time of performance.
15.6./ The Service Provider shall be liable for the property rights of the photographs.
15.7./ The Service Provider shall not be obliged to provide any warranty for the photographs.
16./ THE CUSTOMER’S RIGHT OF WITHDRAWAL
16.1./ The Customer shall have the right to withdraw from the individual Terms of Use Agreement without giving any reason from the date of conclusion of the individual Terms of Use Agreement until the date on which the Service Provider commences to perform its obligations under the individual Terms of Use Agreement.
16.2./ Pursuant to Article 29 (1) (m) of Government Decree No. 45/2014 (26.II.), the Customer may not exercise the right of withdrawal after the Service Provider has commenced its performance. The Customer, by accepting these TCU, agrees expressly and in advance that the Service Provider shall commence to fulfil its obligations immediately upon payment of the usage fee by the Customer, and the Customer, by accepting these TCU, also declares its acknowledgement that it shall lose the right of withdrawal without justification after the Service Provider has commenced its performance. Performance by the Service Provider shall be deemed to have commenced at the time at which the Service Provider provides access to the Customer to the photographs, irrespective of when the Customer exercises its right of access and use.
16.3./ The Customer may exercise its right of withdrawal by sending a declaration to the e-mail address info@terrorhazafoto.hu.
16.4./ In the event of lawful withdrawal by the Customer, the Service Provider shall reimburse the usage fee paid by the Customer within fourteen (14) days of receipt of the withdrawal. The refund shall be made by the same payment channel used for the original transaction, unless the Customer expressly agrees to use a different payment method. The User shall not incur any additional costs as a result of the application of such new refund method.
16.5./ The right of withdrawal provided for in this clause shall not apply to any company or any natural person acting in the framework of his/her profession, self-employment or business activity.
17./ PROCESSING OF PERSONAL DATA
The detailed rules for the processing of the User's personal data are set out in the Service Provider's Privacy Policy.
18./ COMPLAINT MANAGEMENT
18.1./ The User may contact the Service Provider at one of the following contact details in the event of any complaints, claims or data entry errors that may arise during the use of the Service:
By telephone at +36-1-212 7140.
By e-mail at info@terrorhazafoto.hu.
By post at 1062 Budapest, Andrássy út 60.
18.2./ The Service Provider's complaint management is free of charge in all cases.
18.3./ The Customer shall not be entitled to raise any quality claims in relation to the photos ordered, provided that their quality is identical to that of the photos available in the Photo Library.
18.4./ The Service Provider declares that complaints made by the User over telephone will not be recorded.
18.5./ In the event of a complaint, we recommend that you provide the following information:
a) detailed information and related circumstances about the subject of the complaint; the nature of the procedure you complain about; a detailed description of the complaint;
b) the Customer's request,
c) the contact details of the Customer in the handling the complaint.
Providing this information will facilitate and expedite the investigation of the complaint by the Service Provider.
18.6./ The Service Provider shall respond to the complaint within 14 calendar days of its submission at the latest.
18.7./ If the Customer's complaint is rejected, the Customer may initiate a complaint to the authorities or to a conciliation body using the following contact details.
18.8./ You may initiate conciliation proceedings at the Budapest Conciliation Board, whose head office is at 1016 Budapest, Krisztina krt. 99., III. floor. 310., mailing address: 1253 Budapest, PO Box 10., e-mail address: bekelteto.testulet@bkik.hu, fax number: 06 (1) 488 21 86, telephone number: 06 (1) 488 21 31.
18.9./ You can lodge a complaint with the district administrative office of your place of residence if you feel that the Service Provider has violated the provisions of the consumer protection legal environment relevant to your complaint. A list of district offices can be found at: http://jarasinfo.gov.hu
19./ FINAL PROVISIONS
19.1./ In matters not covered by these TCU, the relevant legislation shall apply.
19.2./ The Service Provider's Privacy Policy for matters of the Photo Gallery forms an integral part of these TCU.
19.3./ The security level of the Website operated by the Service Provider is adequate, but we recommend that you take the following precautions: use a virus and spyware protection software with an up-to-date database; install security updates to your operating system. The use of the Website implies the User's awareness of the technical and technological limitations of the Internet and acceptance of the inherent potential for error.
19.4./ The Service Provider does not submit to the provisions of any code of conduct.
19.5./ The Service Provider is entitled to unilaterally modify the terms and conditions of these TCU at any time. Any amendment shall enter into force at the same time as it is published on the Website.
Budapest, 10 April,2024
