A. These Terms of Use, along with any other documents referred to herein, set forth the terms under which you may use this website, echorecording.com (“Our Website”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is established upon your first use of Our Website. If you do not agree to comply with and be bound by these Terms of Use, you must immediately stop using Our Website. These Terms of Use do not apply to any orders placed through Our Website. For more information, please read our Principal Terms.
B. Although Our Website is not exclusively for customers living in Hungary, we do not guarantee that Our Website or Our services comply with the regulatory systems and local laws of countries other than Hungary.
1. DEFINITIONS AND INTERPRETATIONS
1.1 In these Terms of Use, the following terms shall have the following meanings, unless the context otherwise requires:
“Content”: any text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on or forms part of Our Website;
“Third-Party Advertisement”: advertisements provided by third parties that appear on Our Website;
“Third-Party Advertiser”: the party responsible for the third-party advertisements appearing on Our Website;
“User” means a user of our Website;
“User Content” means any content added by a User to our Site;
“We/our/” is Echo Sound Studio (Kiss Gábor E.V.), a company registered in Hungary with the Registration Number 52855935. Our registered office is located at 1067 Budapest, Csengery Street 61.
2. INFORMATION ABOUT US
3. ACCESS TO OUR WEBSITE
3.2 It is your responsibility to take all necessary steps to access Our Website.
3.3 Access to Our Website is provided on an “as is” and “as available” basis. We may alter, suspend, or discontinue Our Website (or any part of it) at any time without prior notice. In accordance with these Terms of Use and our Principal Terms, we shall not be liable to you in any way if Our Website (or any part of it) is unavailable at any time and for any period.
4. INTELLECTUAL PROPERTY RIGHTS AND YOUR USE OF OUR SITE
5. USER CONTENT
5.2 You agree that you are solely responsible for your User Content. Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that it complies with Our Acceptable Use Policy.
5.3 You agree to indemnify us fully and to the fullest extent permitted by law for any breach of the warranties provided in 6.2. You are responsible for any loss or damage we suffer as a result of such a breach.
5.4 You (or your licensors, where applicable) retain ownership of the User Content you submit to Our Website, along with any intellectual property rights or other proprietary rights associated with the User Content. By submitting User Content to Our Website, you grant us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide license to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, create derivative works from, display, perform, and sub-license your User Content for the purpose of operating and promoting Our Website.
5.5 To request the removal of all User Content, please contact us. We will make reasonable efforts to remove User Content from Our Website at our discretion. The removal of User Content also revokes the license granted to us under section 5.4 for the use of that User Content. Please note that caching or references to the User Content may not be made immediately unavailable (or at all, if it is beyond our reasonable control).
5.6 We may refuse, reclassify, or remove any User Content from Our Website if it violates Our Acceptable Use Policy or if we receive a complaint about it from a third party, and in response to the complaint, we decide it must be removed. If your User Content is removed, we will inform you in writing of the removal and the reasons for it.
6. LINKS TO OUR SITE
6.1 You may link to Our Website provided that:
6.1.1 you do so in a fair and legal manner;
6.1.2 you do not do so in a way that suggests any form of association, approval, or endorsement on our part where none exists;
6.1.3 you do not use any logos or trademarks displayed on Our Website without our express written permission; and
6.1.4 you do not do so in a way that is intended to damage our reputation or to take unfair advantage of it.
6.2 You may not link to any page on Our Website other than the homepage. Linking to other pages on Our Website (known as “deep linking”) is only possible with our express written permission.
6.3 Framing or embedding Our Website on other websites requires our express written permission.
6.4 You may not link to Our Website from any other site that contains content that:
6.4.1 is sexually explicit;
6.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
6.4.3 promotes violence;
6.4.4 promotes or assists in any form of unlawful activity;
6.4.5 discriminates against, or is otherwise harmful to, any individual, group or class of individuals, race, sex, religion, nationality, disability, sexual orientation, or age;
6.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
6.4.7 is calculated or is otherwise likely to deceive another person;
6.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
6.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included within this definition provided they do not fall within any of the other provisions of this sub-section 6.4);
6.4.10 suggests any form of association with Us where none exists;
6.4.11 infringes, or assists in the infringement of, the intellectual property rights of any other party (including, but not limited to, copyright, trademarks, patents, and database rights); or
6.4.12 is made in breach of any legal duty owed to a third party, including, but not limited to, contractual duties and duties of confidence.
7. LINKS TO OTHER SITES
7.1 Our Website may contain links to other sites. Unless we expressly indicate otherwise, these sites are not under our control. We assume no responsibility or liability for the content of third-party websites. Placing links to other sites on Our Website is for information purposes only and does not imply endorsement of those sites or the people who operate them.
7.2 We may provide links to other websites owned by us where you can purchase goods and services. These sites have their own terms of use and conditions for the purchase of goods and services.
8. THIRD-PARTY ADVERTISING
8.2 You agree not to attempt to remove or hide any Third-Party Ad using HTML/CSS or any other method.
8.3 We are not responsible for third-party advertisements displayed on Our Website. Each Third-Party Advertiser is responsible for the content of its own Third-Party Ads. We do not assume responsibility for third-party ads on Our Website, including but not limited to any errors, inaccuracies, or omissions.
9. DISCLAIMERS AND LEGAL CASES
9.1 Nothing on Our Website constitutes advice on which reliance should be placed. The information and other materials provided on Our Website are for general information purposes only. 9.2 We make reasonable efforts to ensure that the content on Our Website is complete, accurate, and up-to-date. However, we do not warrant or guarantee that the Content is complete, accurate, or up-to-date, and we do not control or assume responsibility for information provided by Users on Our Website. 9.3 We are not responsible for the content or accuracy of User Content, nor for opinions, views, or values expressed in User Content. Such opinions, views, or values are those of the respective User and do not reflect our opinions, views, or values in any way.
10. OUR LIABILITY
10.2 To the fullest extent permitted by law, we do not accept liability to any User for any loss or damage resulting from the use of (or inability to use) Our Website, or any Content (including User Content) contained on, used from, or relied upon from Our Website, whether foreseeable or not, under contract, tort (including negligence), breach of statutory duty, or otherwise.
10.3 To the fullest extent permitted by law, we exclude all representations, warranties, and guarantees that may apply to Our Website or any content on it (including User Content).
10.4 If you are a business (i.e., a User who uses Our Website for business and/or commercial purposes), we do not accept liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or any indirect or consequential loss or damage.
10.5 We take all reasonable skill and care to ensure that Our Website is free from viruses and other malicious software, but we do not accept liability for any loss or damage resulting from a virus or other malicious software that may adversely affect your hardware, software, data, or other material as a result of using Our Website or any website linked to it.
10.6 We do not accept liability for interruptions or non-availability of Our Website due to external causes, including but not limited to equipment failure of internet service providers, host equipment, communication network failure, natural events, acts of war, or legal restrictions and censorship.
11. VIRUSES, MALWARE, AND SECURITY
11.2 You are responsible for protecting your hardware, software, data, and other materials from viruses, malicious software, and other internet security risks.
11.3 You must not knowingly introduce viruses or other malicious software, or any other harmful material to Our Website or through it.
11.4 You must not attempt to gain unauthorized access to any part of Our Website, the server on which Our Website is stored, or any other server, computer, or database connected to Our Website.
11.5 You must not attack Our Website with a denial of service attack, a distributed denial of service attack, or in any other way.
12. ACCEPTABLE USE POLICY
12.1.1 You must ensure full compliance with all local, national, or international laws and/or regulations;
12.1.2 You must not use Our Website in any way or for any purpose that is unlawful or fraudulent;
12.1.3 You must not use Our Website to knowingly send, upload, or in any other way transmit data that contains any virus or other malicious software, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
12.1.4 You must not use Our Website in a way or for a purpose intended to harm any person or persons in any way.
12.2 When using Our Website, you must not communicate or do anything that:
12.2.1 is sexually offensive;
12.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
12.2.3 promotes violence;
12.2.4 promotes or assists in any form of unlawful activity;
12.2.5 is discriminatory or in any way defamatory of any person, group, or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
12.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
12.2.7 is intended or otherwise likely to deceive;
12.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s privacy or otherwise uses their personal data in a way that you are not authorized to;
12.2.9 misleadingly impersonates any person, or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided they do not fall within any of the other provisions of this subclause 12.2);
12.2.10 implies any form of affiliation with Us where none exists;
12.2.11 infringes, or assists in the infringement of, the intellectual property rights of any other party (including but not limited to copyright, trademarks, patents, and database rights) or otherwise;
12.2.12 breaches any legal duty owed to a third party, including but not limited to contractual duties and duties of confidence.
12.3 We reserve the right to suspend or terminate your access to Our Website if you materially breach the provisions of this section 12 or any other provision of these Terms of Use. Further actions we may take include, but are not limited to:
12.3.1 removing your User Content from Our Website;
12.3.2 issuing you with a written warning;
12.3.3 commencing legal proceedings against you for reimbursement of all relevant costs on an indemnity basis resulting from the breach;
12.3.4 further legal action against you;
12.3.5 disclosing such information to law enforcement authorities as reasonably necessary or as reasonably deemed necessary
12.3.6 any other actions that we reasonably deem necessary, appropriate, and lawful.
12.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that we may take in response to breaches of these Terms of Use.
13. DATA PROTECTION AND COOKIES
The use of Our Website is subject to Our Privacy Policy and Cookie Policy.
14. HOW WE USE YOUR PERSONAL DATA (DATA PROTECTION)
14.1 All personal data that we use is collected, processed, and stored in accordance with the EU General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
14.2 For full details on the collection, processing, storage, and retention of personal data, including, among other things, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please read Our Privacy and Cookies Policy.
15. COMMUNICATIONS FROM US
15.1 If we have your contact details, we may send you important notices by email. These notifications will only relate to important matters, including, but not limited to, service changes; changes to these Terms of Use, Our Main Terms, Privacy Policy, or Cookie Policy; and changes to Your Account.
15.2 We will never send you any marketing emails without your express consent. If you give us your consent, you may opt-out at any time. Every marketing email we send will include an unsubscribe link. If you opt-out of receiving emails from us, it may take up to 10 days to fulfill your request. During this time, you may continue to receive emails from us.
16. CHANGES TO THESE TERMS OF USE
16.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
17. LAW AND JURISDICTION
17.2 Any disputes relating to these Terms and Conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Hungary.
