Terms of Use

 

1.    GENERAL PROVISIONS, THE EFFECT OF THE TERMS OF USE

1.1    This Terms of Use (further referred to as the: ”TU”) contains the provisions regarding the subscribers, readers, visitors and users (further referred to as the: ”User(s)”) of the websites (further referred to as the: ”Website(s)”) belonging to the following domains: www.techmonitor.hu, www.cadmonitor.hu, www.gyartasmonitor.hu, www.felulet.hu, www.linemonitor.hu, www.villtech.hu, www.autogyar.hu, www.medmonitor.hu, www.foodtech.hu, www.plastmonitor.hu, www.szakmaban.hu, www.mernokkocsma.hu (further jointly referred to as the ”Domains”) as well as those of the printed journal called Techmonitor (further referred to as the: ”Techmonitor”). Subscription, reading, visiting and use of the Website(s) and/or of Techmonitor further jointly referred to as the ”Use”).

1.2    Every natural or legal person or another legal entity that subscribes to Techmonitor or buys at least one copy of it or gets any copy for free by post and/or visits the Website(s) at least once, is considered as User. There are no other conditions of the Use itself, no registration on the Website(s) is required. The Website(s) can be visited by everyone.

1.3    The operator of the Websites and the publisher of Techmonitor is Techmonitor Publishing Hungary Korlátolt Felelősségű Társaság (seat: 2143 Kistarcsa, Huszka Mihály utca 5., company registration number: 13-09-172343, further referred to as the: ”Techmonitor Publishing Hungary Kft.”). Techmonitor Publishing Hungary Kft. is a lawfully registrated company in Hungary that particularly deals with publishing technical journals, periodicals, books as well as with advertising and other media activities.

1.4    This TU takes effect on the day when it enters into effect (further referred to as the ”Day of the entry into effect”). The Day of the entry into effect is the day of publishing this TU on the website www.techmonitor.hu (further referred to as the: ”Main website”), i.e. the 1st of December, 2014.

1.5    Techmonitor Publishing Hungary Kft. reserves the right to modify the TU any time. Techmonitor Publishing Hungary Kft. assures that the effective TU is accessible on the Main website at all time. Techmonitor Publishing Hungary Kft. is entitled but not obligated to publish the TU at the other Websites, however, the effective TU of the Main Website shall concern to the Users of the other Websites as well. The TU shall contain the Day of the entry into effect. Each Use shall be determined by the provisions of the TU, which was effective on the day of the given Use. If the TU is modified, Techmonitor Publishing Hungary Kft. shall highlight such modifications and the day when they enter into effect, in the TU.

1.6    Each User accepts that during each Use (visiting the Website(s), visualizing content, reading Techmonitor etc.), the effective TU shall be regarded. The User accepts that has read, understood and accepted the rules of the TU.

 

2.    COMMON RULES REGARDING THE USE OF TECHMONITOR AND THE WEBSITE(S)

2.1    The User accepts that the Use is carried out by him/her/it without violating others’ rights especially without the violation of Techmonitor Publishing Hungary Kft’s rights, by obeying the provisions of the effective Hungarian legal regulations, especially the provisions of the Act CXII of 2011 (further referred to as the: ”Act on Data Protection”), the Act LXXVI of 1999 (further referred to as the: ”Copyright Act”), the Act IV of 1959 (further referred to as the: ”Civil Code”), the Act IV of 1978 (further referred to as the: ”Criminal Code”) and another legal regulations (further jointly referred to as the: ”Legal regulations”). The User acknowledges that the violation of the provisions of the TU might be followed by legal consequences and sanctions set forth in the Legal regulations.

2.2    The User acknowledges that Techmonitor Publishing Hungary Kft. has a separate data protection policy (further referred to as the ”DPP”) available on the Main Website that – among others – contains the rules of managing the Users’ personal and other data and matters of data protection. Techmonitor Publishing Hungary Kft. hereby informs the User that personal data is managed according to the provisions of the Act on Data Protection and the data or part of data to third persons – except for obligatory disclosure of data to authorities and other state bodies – can be disclosed only by the User’s permission. Before performing such data requests made by any authority, Techmonitor Publishing Hungary Kft. examines whether there is any statutory obligation to fullfil such request. At the same time, the User acknowledges that Techmonitor Publishing Hungary Kft. is entitled to process the Users’ data for statistical purposes as well as for advertising activities.

2.3    The User accepts that at each Use he/she/it shall act according to the provisions of the effective TU.

2.4    The User acknowledges that the articles, opinions and another writings (further jointly referred to as the: ”Articles”) that appear on the Website(s) or in Techmonitor are the intellectual works of the employees of Techmonitor Publishing Hungary Kft. The User accepts that he/she/it does not do activities that violate or can violate the copyrights, and does not share, forward, copy, use, give, give out, sell, reproduce or multiply the Articles, pictures, records, texts (further jointly referred to as the: ”Content elements”), furthermore logos, graphics, photos, videos, visual and design elements, IT solutions (further jointly referred to as the: ”Formal elements”) without the explicit written permession of Techmonitor Publishing Hungary Kft. The User accepts that the copyrights of the Content and Formal elements constitute the exclusive ownership of Techmonitor Publishing Hungary Kft. The User acknowledges that if he/she/it violates the rules set forth herein, shall be liable for such damages.

2.5    The User acknowledges that is obliged to compensate the damage and the additional costs (e.g. law costs) caused by him/her/it to Techmonitor Publishing Hungary Kft. by violating the provisions of TU or by other unlawful acts.

2.6    The User acknowledges that Techmonitor Publishing Hungary Kft. reserves the right to change the Content and/or Formal elements due to the change of the Legal Regulations, its own business policies or due to any other reason.

2.7    The User acknowledges that any invitation for bid made in the name of Techmonitor Publishing Hungary Kft. is not from Techmonitor Publishing Hungary Kft, except if it can be concluded without doubt that it is from Techmonitor Publishing Hungary Kft.

2.8    The User acknowledges that Techmonitor Publishing Hungary Kft. does not guarantee that the Content and/or Formal elements meet the User’s supposed or real intentions and purposes regarding such elements. Furthermore, Techmonitor Publishing Hungary Kft. does not take responsibility for the success of the Content and/or Formal elements.

 

3.    RULES APPLYING TO TECHMONITOR

3.1    The User acknowledges that he/she/it may subscribe for Techmonitor for 12 (twelve) months or may buy Techmonitor at certain newsstands.

3.2    The User may subscribe for Techmonitor via e-mail at the e-mail address: marketing@techmonitor.hu or via post addressed to the seat of Techmonitor Publishing Hungary Kft. (further jointly referred to as: ”Subscription”). If the subscriber is not a natural person but another legal entity, Subscription can be done only by its verified representative (e.g. managing partner, managing director) and/or by its verified employee (purchaser, purchaser/sales director or product manager etc.) (further referred to as the: ”Subscriber”). If is not regulated otherwise in this TU, the Subscriber is considered as User and the rules that apply to the Users, shall be applied to the Subscriber as well.

3.3    Within 48 (forty-eight) hours after the Subscriber had communicated its intention for subscription, Techmonitor Kft. shall send the Subscriber the filled subscription contract (further refered to as the ”Subscription contract”) in writing (via e-mail). The Subscriber shall return the signed Subscription contract to Techmonitor Publishing Hungary Kft. in writing (via e-mail) within 48 (forty-eight) hours upon receiption (”Return of the Subscription contract”). By returning the Subscription contract, the Subscriber explicitly declares that has read, understood and accepted the rules of the TU being effective at the time of the subscription. The Subscription contract might be returned only by the Subscriber’s representative or empolyee as specified in section 3.2 of this TU. If the Subscription contract is returned by someone else than specified above, Techmonitor Publishing Hungary Kft. is entitled to refuse performing. If the Subscriber returns the signed Subscription contract by the above-mentioned deadline and in the above-mentioned way, the legal relation between the Parties is established. If the Subscriber does not accept the provisions of the Subscription contract or does not return it as defined above, the legal relation between the Parties is not established.

3.4    The Subscription contract shall particularly contain the following:

a.)    if the Subscriber is a natural person:
•    the entire name of the Subscriber as it is in his/her ID card
•    the address of the Subscriber
•    the number of the Subscriber’s ID card

b.)    if the Subscriber is a legal person or another legal entity
•    the Subscriber’s name according to the company registration or other registration
•    the address of the Subscriber’s seat
•    the delivery address of the Subscriber
•    the tax number or the community tax number of the Subscriber
•    the bank account number of the Subscriber
•    the name and position of the Subscriber’s representative

c.)    the contacts of the Parties
•    the land-line and cell phone number
•    the fax number
•    the e-mail address

d.)    data referring to the subscription
•    the fact whether the subscription refers to Techmonitor or another periodical
•    the duration of the subscription / number of copies
•    the first month of the subscription (the month when the first copy shall be delivered)
•    the subscription fee
•    the due date of the paying of the subscription fee

e.)    the signature of the Parties / the signature of their representatives

f.)    the text: ”The provisions of the effective TU shall be applied to the subscription contract”.

3.5    The subscription fee is due in one sum.

3.6    The legal relation of the Parties terminates:

a.) if the Subscriber does not pay the subscription fee in 5 (five) days after the deadline for payment defined in the Subscription contract

b.) if the duration of the Subscription contract is over

c.) if the legal person dissolves without successor.

3.7     The Subscriber acknowledges that Techmonitor Publishing Hungary Kft. does not return or pay back any fee or part of such fee, under any title, after the legal relation was established between the Subscriber and Techmonitor Publishing Hungary Kft. or after the subscription had been paid.
 

4.    RULES APPLYING TO THE USE OF THE WEBSITE(S)

4.1    The User acknowledges that Techmonitor Publishing Hungary Kft. provides access to and the adequat operation of the Website(s) as well as ensures that the User can use the services without any limits. However, Techmonitor Publishing Hungary Kft. is not responsible for being the Website(s) unavailable or out of service because of vis maior or other reasons beyond Techmonitor Publishing Hungary Kft. The User acknowledges that Techmonitor Publishing Hungary Kft. does not take responsibility for errors in accessibiliy or in use caused by the busyness, error or misoperation of phone systems, computer online systems, servers or server providers, IT infrastructure, softwares, e-mail systems or the Internet.

4.2    The User acknowledges that Techmonitor Publishing Hungary Kft. reserves the right of surveillance on the Users’ activities as well as the right to refuse the Use if it is reasoned because of obeying the Legal regulations and because of the proper operation and safety of the Website(s). If the User continues acting against the provisions of the TU and/or against the efficient Legal regulations even after a request, Techmonitor Publishing Hungary Kft. has the right to block the User to continue the Use. The User shall not get any compensation if his/her/its access to the Website(s) is refused.

4.3    The User acknowledges that Techmonitor Publishing Hungary Kft. reserves the right to remove any Content and/or Formal element from the Website(s).

4.4    The User undertakes not to use any device, software or program that can intervene in the proper operation of the Website(s). The User undertakes that will not cause any errors or the the breakdown of the Websites or upload viruses.

4.5    The User acknowledges that visiting the Website(s) is free of charge for every User. At the same time, the User ackowledges that Techmonitor Publishing Hungary Kft. might decide to make any Website(s) or part of the Website(s) accessible for a fee.

 

5.    MISCELLANEOUS PROVISIONS

5.1    The GTC shall be interpreted according to the Hungarian law.

5.2    The legal relation between the Subscriber and Techmonitor Publishing Hungary Kft. is regulated by the Subscription contract and the provisions of the TU. In issues not regulated in the TU, the Civil Code and other effective legal regulations shall prevail.

5.3    If any provision of the TU is invalid, it does not concern the validity of the other provisions of the TU.

5.4    This TU was made in Hungarian and in English. In case of discrepancies, the Hungarian version shall prevail.

5.5    In case of any legal dispute between the User and Techmonitor Publishing Hungary Kft, the Central District Court of Buda respectively the Court of Székesfehérvár has exclusive jurisdiction.

Date: Budapest, Hungary, 1st December, 2014

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