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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 mobile application

  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

Copyright © 2023 : FlexiLEX

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