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DIGITAL CONTENT REPOSITORY TERMS OF USE

By using the Digital Content Repository, you enter into a contract with us by which we provide free information to you on the Digital Content Repository.

By submitting User Content, you grant us a license to your submitted content, as further detailed below. IF YOU DO NOT WANT TO GRANT US A LICENSE TO YOUR SUBMITTED CONTENT, DO NOT SUBMIT ANY CONTENT.

Some parts of the Digital Content Repository are only available to you if you are 18 YEARS OLD or older; by accessing those parts you warrant that you are actually 18 years old or older.

  1. Definitions

Throughout the present agreement, the words listed in this clause shall have the meanings defined in this clause, whether or not they are capitalized.

Agreement

the present “Digital Content Repository Terms of Use”,

  • (1) any annexes and schedules thereof,
  • (2) the “Privacy & Personal Data Protection Terms” (posted on the Digital Content Repository),
  • (3) any contractual offer posted on the Digital Content Repository,

as well as any future modifications, corrections, and amendments thereto.

In case of contradiction between any of these numbered item and the body of the present “Digital Content Repository Terms of Use”, the latter shall prevail.

Applicable Law

laws, regulations, obligatory rules issued by government or professional bodies or entities, relating to the subject matter of this Agreement, and in force in Hungary

Licensee / You

the person or entity using, directly or indirectly (e.g. via bots), the Digital Content Repository

Licensor / Us / We

Locco International KFT, a company registered in Hungary under n° 01-09-419073, having its registered address at Szentpétery utca 16, Budapest, Hungary

Party

either the Licensor or the Licensee

Parties

the Licensor and the Licensee

Purpose

provision, display, and/or access, of information, on or via the Digital Content Repository

Locco IP

intellectual property owned by, held by, or licensed to Licensor, pertaining to items listed in “Schedule 1 : Locco IP”, in whatever format (including, but not limited to, online, downloaded to a computer, or in print)

Third Party IP

intellectual property owned or held by third parties and licensed to Licensor, pertaining to items listed in “Schedule 2 : Third Party IP”

User Content

content, data, images, and/or information, submitted by you to or via the Digital Content Repository (including simply by using the Digital Content Repository), as further detailed in “Schedule 3 : User Content”

Using

execution of, or access to, the Digital Content Repository or an element thereof, for example: directly, indirectly (for example, through another web site) , manually (for example, by typing the address, following a link, or opening a file off-line) , automatically (for example, through a program permitting the automatic generation or extraction of content)

Services

services that may be offered, provided, and/or sold, on or through the Digital Content Repository by the Licensor

Venue

Hungary

Digital Content Repository

the framework (including telecommunications and computing infrastructure and devices, databases, code, and digital content) enabling the delivery of content on and/or for the Locco City website (loccocity.com)

  1. Contracting Principles
  1. Entire Agreement: With respect to its subject matter, this Agreement constitutes the entire agreement between the Parties and supersedes all previous negotiations, agreements and commitments between them, whether oral or written.
  2. Modifications: This Agreement, the Digital Content Repository, the Services, related prices, and/or the Locco IP, can be modified or withdrawn by us at any time and at our discretion, without notice, and with immediate effect.
  1. Rights & Obligations
  1. Licensor
  1. Grant of Limited License: The Licensor grants a personal, non-transferable, temporary, non-exclusive license to the Licensee to use the Locco IP for the Purpose, and under any other conditions specified in this Agreement. Nothing in this Agreement shall be construed to grant any title or rights (including ownership) in the Locco IP to the Licensee other than the limited right to use specified in this clause.
  2. Personal Data: The Licensor shall protect your personal data, as further detailed in the “Privacy & Personal Data Protection Terms” posted on the Digital Content Repository.
  1. Licensee
  1. Use of Limited License: The Licensee shall use the licensed Locco IP strictly for the Purpose and in accordance with the terms of this Agreement and any applicable law protecting our intellectual property, including the Applicable Law. For the avoidance of doubt this license does not include the right to
  1. reproduce, disseminate, copy, modify, edit, improve, adapt, translate, multiply, integrate into or extract the entire content or any part of the Locco IP, create derivative work therefrom, publicly perform or display, make available, import, broadcast, transmit, sell, distribute or communicate it to the public or third parties,
  2. make any reference to the Licensor, members of its group and/or network, or the personnel thereof, in any communication to third parties, or
  3. use the Locco IP in promotional or marketing material, press releases, public announcements or advertisements.
  1. No Claim on Locco IP: The Licensee acknowledges that the Licensor is the owner and/or beneficial holder of all right, title and interest in and to the Locco IP as well as the goodwill appurtenant thereto or which arises therefrom.

The Licensee shall not contest, dispute, challenge, oppose or seek to cancel the Licensor’s right, title, or interest in or to the Locco IP. The Licensee shall not apply or attempt to apply for registration of all or part of the Locco IP or of intellectual property substantially similar, in whole or in part, to Locco IP (including, but not limited to, domain names, trade or service marks, designs or patents).

  1. No Hacking: The Licensee shall not do or attempt to do the following – or any similar – actions in connection with the Digital Content Repository or any associated servers or infrastructure:
  1. Third Party IP: Third Party IP is provided to the Licensee, and the Licensee’s use of such shall be, in accordance with the terms of any license referenced in “Schedule 2 : Third Party IP”.
  2. User Content: by submitting User Content, to the greatest extent allowed under the law applicable to such transactions, you hereby assign and finally transfer to us all right, title and interest therein (including any included personal image rights). If this User Content, any element or right therein or thereto, may not – according to this applicable law – be assigned or fully transferred to us, then you, to the greatest extent permitted by this law, hereby (i) grant us a global, perpetual, unlimited, transferable, clear, royalty-free license to use such elements that may be licensed, and (ii) waive any rights to use such elements that may not be licensed.

For the avoidance of doubt, the aforementioned license you grant to us would include the rights to reproduce, disseminate, edit, improve, modify, copy, translate, integrate into or extract the entire content or a part thereof, create derivative work therefrom, adapt, publicly perform or display, make available, import, export, broadcast, transmit, sell, distribute, communicate it to the public or third parties, including in promotional or marketing material, make press releases, public announcements or advertisements, all with or without attribution.

By submitting User Content, you warrant that

  1. you are aware and accept that the only and sufficient compensation for the transfer of the aforementioned rights is the chance to promote your opinions (as expressed in the User Content, with or without attribution to you) through the Digital Content Repository;
  2. you are aware and accept that we may monitor and/or moderate your User Content, your interaction with other users, and/or your use of the Digital Content Repository;
  3. the User Content is owned by or licensed to you, and that submitting it through or using it in connection with the Digital Content Repository does not violate any contract, applicable law or regulation.
  1. Licensee Account: Some functionalities of this Digital Content Repository may require the creation of a personal account associated with your personal data and your use on the Digital Content Repository. This account is personal to the Licensee and may not be shared with anyone else. It is the Licensee’s entire responsibility to ensure that their login details remain secret. If, in breach of this obligation, someone else gains access to the Licensee’s account, the Licensee is – beyond their personal contractual liability – responsible for any consequent action or omission of such third party as if such action or omission were the Licensee’s own action or omission.
  2. Confidentiality: Information whose nature or marking indicates that it may be confidential to us shall be used exclusively for the performance, enforcement, termination and/or disputes relating to this Agreement, and shall be held by you in strictest confidence and not disclosed to any third party. Your obligations relating to divulging or protecting confidential information shall remain in effect for (i) 5 (five) years after the end of the Term or (ii) until that information may reasonably be considered as no longer confidential, whichever is longer.
  3. Information: Licensee shall immediately inform Licensor about any breach of confidential information or any unauthorized access to its account.
  1. Term
  1. Term & Termination

This Agreement is entered into for an indefinite term. This Agreement may be terminated by us at any time, without notice, and with immediate effect.

  1. Effects
  1. No Indemnity: Neither the expiry of the term of this Agreement, its termination or the termination of your access to the Digital Content Repository shall give rise to any indemnity.
  2. Other Effects: Termination of this Agreement shall also terminate your access to the Digital Content Repository and you must immediately stop using the Digital Content Repository and any Locco IP.
  3. Survival of clauses: clauses of this Agreement whose terminus ad quem is not specified therein shall survive after the expiry of the term or the termination of this Agreement, as long as their object is extant and as allowed under Applicable law.
  1. Warranty

THIS DIGITAL CONTENT REPOSITORY IS PROVIDED “AS IS” AND WE DECLINE AND EXCLUDE ANY EXPRESS OR IMPLIED WARRANTY OR OBLIGATION TO ENSURE

  1. Liability

WE DECLINE ANY AND ALL LIABILITY FOR DAMAGE INCURRED AS A RESULT OF THE USE OF THIS DIGITAL CONTENT REPOSITORY, WHETHER FROM THE PRACTICAL IMPLEMENTATION OF THE INFORMATION AVAILABLE THEREON, OR FOR OUTSIDE CONTENT ACCESSIBLE VIA LINKS OR REDIRECTS ON THIS DIGITAL CONTENT REPOSITORY.

We are not liable for consequential damage or loss (including, but not limited to, loss of sales, loss of profit, loss of revenue, loss of data, anticipated savings, loss of goodwill, business interruption, reputational damage, legal fees) under this Agreement, even if we have been advised of such possibility.

In any event, the Parties agree that our maximum liability under or related to this Agreement is limited to 100,000 Ft. (one hundred thousand HUF).

  1. Governing Law & Jurisdiction
  1. Applicable Law

This Agreement, all matters arising from it, including disputes, and the relationship of the Parties relating to this Agreement, are governed by the Applicable Law.

  1. Venue & Injunctive Relief

Without prejudice to any applicable law allowing a consumer to choose a different venue, the Parties submit to the exclusive jurisdiction of the competent courts in the Venue for all proceedings relating to this Agreement, all matters arising from it, including disputes, and the relationship of the Parties relating to this Agreement.

Nevertheless, you recognize that a breach of this Agreement may cause irreparable harm to us and that actual damages may be difficult to ascertain or inadequate in such cases. We will thus have the right to enforce this Agreement by injunction, specific performance, or other equitable relief, without a requirement to prove actual damages and without prejudice to any other rights or remedies that we may have otherwise.

Schedule 1 : Locco IP

The Digital Content Repository, and/or any or all of its content, including:

These elements are protected by copyright and marks at both national and international levels. Intellectual property infringement, including software piracy, is a criminal offence!

Schedule 2 : Third Party IP

Schedule 3 : User Content

All content submitted by you, excluding your name and personal data, but including:

Version: 5.8 // Updated : December 2023

Copyright © 2023 : FlexiLEX

PRIVACY & PERSONAL DATA PROTECTION TERMS

These Privacy & Personal Data Protection Terms (“Privacy Policy”) are an integral part of the “Digital Content Repository Terms of Use” (posted elsewhere on this Digital Content Repository) and set out the terms on which we process your personal data as well as our privacy obligations to you.

  1. Policy-Specific Definitions

In addition to the terms already defined in the “Digital Content Repository Terms of Use”, data processing terms, whether or not they are capitalized, shall be defined as in the General Data Protection Regulation (“GDPR”, EU Reg. 2016/679) and the UK DPA 2018, or, where applicable, the California Consumer Privacy Act of 2018 (CCPA).

  1. Data Processing Principles

We process your personal data in conformity with the following principles:

  1. Lawfulness, fairness and transparency : in compliance with all the relevant laws, fairly and in a transparent manner
  2. Purpose limitation : only for specified and legitimate purposes as described in this Privacy Policy
  3. Data minimization : only what is needed for the purposes defined in this Privacy Policy
  4. Accuracy : in a way that reflects accurately on the situation in fact
  5. Storage limitation : only until the data is needed for the purposes defined in this Privacy Policy
  6. Integrity and confidentiality (security) : in a confidential and secure manner, that seeks to prevent unauthorized or unlawful processing, loss, destruction or damage to your data
  7. Accountability principle : keeping records of our compliance with these principles and our relevant requirements
  1. Data Controllers & Data Processors

The data controlle r (and under CCPA the service provider) for  your personal data is, unless otherwise specified:

Locco International KFT , a company registered in Hungary under n° 01-09-419073, having its registered address at Szentpétery utca 16, Budapest 1115, Hungary

Its data processors – if any – are identified in the tables below.

Other entities may be identified in the tables below who act as (joint) data controllers of this data, without any instruction from us, and may also choose to process this data via their respective (sub)processors. Such other data controllers are independently responsible for complying with data protection rules relevant to controllers. You should be able to find out more information about their data processing terms on their respective websites.

  1. Data Processing Purposes & Legal Basis

Your personal data is processed for the purposes and according to the methods defined in the tables below, depending on the category of data and/or your relationship to us.

  1. Digital Content Repository Use Data

If you use the Digital Content Repository, your data is processed as described in the table below:

Your Data

When / Where Data Captured

Our Use

Your Benefit

Legal Basis

Storage Period

Other Data Controllers

Our Data Processors and Uses

IP address

at the beginning of use of the Digital Content Repository

completely anonymously for business statistics

more tailored user experience

legitimate interests (provide better user experience, provide useful market information to our business partners)

7 days until log rotation

(none)

Everprove Solutions Kft. ( https://everprove.com/ ) : system administrator

Amazon Web Services, Inc. ( https://aws.amazon.com/ ) : hosting

language choice

when you set it

  1. Business User Data

If you contacted us as a potential business user through the Digital Content Repository, your data is processed not only as a User (cf. table above) but also as described in the table below:

Your Data

When / Where Data Captured

Our Use

Your Benefit

Legal Basis

Storage Period

Other Data Controllers

Our Data Processors and Uses

name

upon submitting the contact form

establish contact, prepare potential contracting

contract

if no contract is entered into: 3 months

if a contract is entered into : term of the contract + 6 months

(none)

Everprove Solutions Kft. ( https://everprove.com/ ) : system administrator

Amazon Web Services, Inc. ( https://aws.amazon.com/ ) : hosting

email

company name

categories of interest

  1. Cookie Data

The Digital Content Repository uses the following cookies:

Cookie name

When / Where Data Captured

Our Use

Your Benefit

Legal Basis

Storage Period

Other Data Controllers

Our Data Processors and Uses

loccoapp_session

at the beginning of use of the Digital Content Repository

safe browsing

legitimate interests

server side : no storage;

user side : close of browsing session + 1 hour

(none)

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  1. YOUR RIGHTS

You have the following rights in relation to your personal data:

  1. Right to be informed

You have the right to be informed about the collection and use of your personal data in a clear and transparent way. Please consult the tables appearing in the section titled “Data Processing Purposes & Legal Basis” and in case of questions, contact us at the number or address posted on the “Contact” page of this Digital Content Repository.

  1. Right to access

You have the right to request access to your personal data and obtain information regarding the purpose of processing, what categories of personal data are processed, data processors, length of processing, your rights relating to our processing, your right to lodge a complaint with a supervisory authority regarding our processing, information on third party sources of your personal data communicated to us, and the existence of automated decision-making and related information, including the logic involved, as well as the significance and the envisaged consequences of such processing for you, whether your personal data is transferred outside the EEA, and the conditions of these transfers.

  1. Right to rectification

You have the right to request rectification or completion of your personal data.

  1. Right to erasure

You have the right to request erasure of your personal data without delay if:

Please note that we are entitled to not erase your personal data if it is necessary for legal or regulatory purposes.

  1. Right to restrict processing

You have the right to restrict processing of your personal data if:

Where processing has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims, for the protection of the rights of another natural or legal person, or for reasons of public interest as such is defined in the EU.

  1. Right to object to processing

Where personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

You also have the right to object to the processing of personal data where the legal basis of processing activity is our legitimate interest, or the legitimate interest of a third party.

  1. Right to data portability

You have the right to receive the personal data in our possession or control in a structured, commonly used and machine-readable format, and have the right to transmit that data to another data controller without hindrance from us. You also have the right to have your personal data transmitted directly from us to another data controller where technically feasible.

  1. Right to withdraw your cons ent / opt out / DO NOT SELL

You have the right to opt-out of or withdraw any consent you have given at any time, and to request that we do not sell your personal information, without affecting the lawfulness of processing based on your consent given previously.

You can do this by contacting us at the numbers or address posted on the “Contact” page of this Digital Content Repository.

  1. Rights related to automated decision making including profiling

No automated decision making is carried out based on your data that would produce legal effects concerning you or similarly significantly affects you.

  1. Right to lodge a complaint with a supervisory authority

You have the right to lodge a complaint with the (governmental) authority supervising data protection in your jurisdiction.

  1. ACCOUNTABILITY

For queries relating to your data or this Privacy Policy, please contact us at the numbers or address posted on the “Contact” page of this Digital Content Repository.

  1. DATA SECURITY

When you submit personal data online or via an application you accept the unavoidable risks associated with such technologies. WE DECLINE ALL LIABILITY RELATING TO LOSS OR CORRUPTION OF YOUR PERSONAL DATA AND ANY CONSEQUENCE THEREOF, unless we have breached the standards of care required of data processors based in the EU.

  1. INTERNATIONAL DATA TRANSFERS

All data processing and all servers that relate to the data we control or that we process is located within the EEA. It is theoretically possible that the US-based data controllers or data processors mentioned in the tables of section “Data Controllers & Data Processors” export your data outside of the EEA, however both the practical likelihood and the legality of this are currently uncertain.

  1. CALIFORNIA RESIDENTS ONLY

This section applies only to residents of the State of California.

The types, methods, uses, sharing (including any sale) and recipients of personal information are listed in the tables in the section titled “Data Processing Purposes & Legal Basis”. Your rights, including opt-out rights, are listed in the section titled “Your Rights”, including your right to request that we DO NOT SELL your personal information.

Version: 7.4 // Updated : Feb. 2024

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