General contract conditions of services provided by mutargy/műtárgy.com

1. Competence of GCC

1. Current contract conditions (hereinafter: GCC) mean the general contract conditions of a contract between the Operator of the webpage operating under the domain name műtárgy.com for providing services, the műtárgy.com Limited Liability Company (1025 Budapest, Törökvész út 42/a., Company registration number: 01-09-955386; Tax number: 23152098-2-41) as the economic company providing services (hereinafter: Operator), and the user utilising the services (hereinafter: User), which User expressly accepts by using services and recognise it obligatory for themselves, and which Operator and User must consider and keep in the framework of the contractual relationship established between them.

2. Operator is entitled to unilaterally modify GCC at any time, without notice or without User’s consent. Modifications take effect by being published on the webpage (hereinafter: webpage) operating under the domain name Műtárgy.com (műtárgy.com and műtárgy.hu together: műtárgy.com), and after taking effect Operator and User consider them obligatory. Using any services provided by Operator means the acceptance of modifications.
   
   

2. Registration

1. Operator may bind the utilisation of certain services provided on the webpage to registration. In that case User is required to fill in a form with data according to what is defined on the regularised webpage by Operator and send the completed form to Operator. Provided that User has filled in the registration form appropriately and sent it to Operator, Operator informs User about acknowledging the registration in an electronic mail sent to User’s electronic mail account, who is obliged to confirm registration by clicking on a link found in the sent mail  or in any other appropriate way. User may utilise services tied to registration after confirming registration.

2. Services on the webpage provided by Operator – especially browsing among products on the webpage, getting to know the illustration and description of products, browsing and downloading public contents published on the webpage – are available without registration for anyone who accepts GCC and recognises as obligatory for them.

3. User receives a user name (which is identical with their e-mail address) and a password in case of registration which identify User, and with which User can log in the system provided for registered users. User must keep their password secret and prevent it from getting known by or becoming available for an unauthorised third party. Operator does not take responsibility for the abuse of User’s password, and for the damage caused by the abuse to User or other users. User must immediately inform Operator in case they know that their password got known by or available for an unauthorised person, or if their password is being abused in any way.

4. User is responsible for the truth and accuracy of the data given by them during registration, and User also takes responsibility for any damage originating from the untruth and inaccuracy of the given data.  

3. Operator’s right for intellectual property and industrial property

1. Content on the webpage published in the framework of all services provided by Operator, especially the domain name of the webpage, Operator’s logo, editorial principle, process, method used on the webpage, appearance and external image of the webpage, Operator’s mottos, software and other solutions, ideas, implementations, furthermore, all written-, image-, animation-, or audio material published by Operator, trademarks and other intellectual property protected under industrial rights are the intellectual property of Operator or Operator is entitled to exclusively apply them. Therefore, the former content, beyond being used to the extremely necessary extent and manner for utilising services provided by Operator – reading, displaying on the monitor, temporary reproduction concomitant and necessary for usage, storage for personal and not commercial aims, and paper-based or equal display – must not be used in any way or form and to any extent without the former written consent of Operator or the person entitled for the intellectual property.

2. műtárgy.com, mutargy.com and műtárgy.hu are domain names registered for Operator’s utilisation and possession, therefore their application and usage, except reference to Operator, are possible with the former written consent of Operator.

4. Content published by Operator

1. Content published by Operator on the webpage – beside the description and parameters of products found on the webpage – is solely for information, for the truth, correctness and accuracy of which, and for any damage in connection with usage and application, or for any negative consequence Operator takes no responsibility, User may use information found on the webpage – within range and limits defined by this GCC – for their sole responsibility.

2. Operator does not perform any art commerce activities, business contracts are created between Users.

3. Similarly to what is written in 4.1, Operator does not take responsibility for the content or any trouble, damage, inconveniency caused by content of those websites which can be opened by clicking on links found on the webpage.

4. Operator defines rules and conditions of utilising certain services provided on the webpage in a separate regulation which, together with the current GCC, Operator makes available and free to know for anyone. Provided that such separate regulation applies to certain services, User accepts and recognises as obligatory the special rules of services defined by Operator.

5. Usage of the webpage

1. Without registration, User can browse the art supply of the webpage, get to know any content published in connection with products regardless of their form, and can use the software helping with choosing products. Placing advertisements is not allowed without registration.

2. Among registered Users, individuals can advertise for free, but they may have three adverts at a time. Operator sustains the right for them to define a special price for highlighting certain advertisements. Registered galleries, providers are to pay a monthly, quarterly or half-year fee for their adverts. Artists are to pay a lower amount of monthly, quarterly or half-year fee than the one defined for galleries and providers. Fees defined for advertisers, and fees for certain services can be found in the appendix of the current GCC.

3. Registered artists contribute to having their data and photos of their works displayed in the “lexicon” part of the webpage. Regarding these appearances Operator does not have any obligation for paying fees or any expenses on any grounds. Operator is entitled to edit, adapt, and use CVs and other data uploaded by artists. Operator reserves the right to remove art advertisements placed by not-registered artists from the webpage.

4. Registered Users sign up for the newsletter of the webpage simultaneously with registering which they can waive based on what is indicated on the form.

5. Users state and warrant that the data provided by them are correct, do not infringe the rights of third parties, and do not conflict any advertisement ban or limitation.

6. Advertisements must not include such content that does not fit the nature of the heading; that infringe personal rights, funeral rights, and the right for protecting personal data; encourages for violence or for behaviour that harms personal- or public safety, the environment and nature; raises fear; that are for children or juveniles and may harm their physical, mental or moral development, especially if it displays children and juveniles in a situation stressing danger, violence or sexuality; pornography. Advertising totalitarian symbols and anything related is prohibited. In addition, such adverts are prohibited which, according to Operator, may harm Operator, Operator’s business partners or other Users of the webpage.

7. Advertisements must not include the adverts of such goods the production or distribution of which is unlawful. Users state that they possess all necessary permits for weapons in advertisements, and that those are disarmed. Advertising ammunition, explosives and devices extremely dangerous for public is prohibited.

8. Operator reserves the right to cancel registrations without justification, and to notify User about it in e-mail.

9. Operator handles Users’ personal data for providing services and enforcing related claims, but only to the necessary extent and for the necessary period. Furthermore, Operator handles personal data that are absolutely required for technically providing a service. If the aim for handling the data terminated, Operator promptly deletes personal data.

6. Art works on the webpage

1. Operator does not take responsibility for the truth and accuracy of information and data, technical parameters and other features published on the webpage related to art works. Operator is not obliged to examine the authenticity of works, but reserves the right to remove advertisements, and stolen, false, irrelevant works, contents that are in contrast with the current GCC. In the case of removing, Operator refunds the due amount of fees pro rata to User. Operator reserves the right to make corrections in adverts according to the rules of Hungarian spelling.

2. Operator does not take responsibility for content created or published by a third party. Operator is not responsible for webpages that are available by banners and links provided by advertisers.

3. Operator is not liable for indemnity or accessory warrant in relation to art works on the webpage, business contracts are created between Users in all cases.

7. Payment conditions regarding the confirmation of subscription

1. Provided that User chooses a service on the webpage with fee-paying obligation, after confirming the subscription User must transfer the fees in 8 working days to the bank account number indicated in the confirmation. The money transfer is considered fulfilled when the total sum appears on Operator’s bank account indicated in the confirmation letter.

8. The right of withdrawal without justification

1. User and Operator may withdraw from the contract between them without justification, at any time, with immediate effect.

2. Operator must refund the due amount paid by User pro rata immediately, but at latest within thirty days after the withdrawal.

9. Further conditions

1. The language of contracts concluded during using műtárgy.com is Hungarian, and contracts created this way are not qualified as written contracts, Operator does not register them.

2. Operator fulfils their obligation to publish, included in Art. CVIII, sec. 4, 2001. about electronic services and services related to information society, in “Imprint” part on the webpage available for anyone.

3. Content of contracts created during using műtárgy.com, Parties’ rights and obligations are governed by the laws of the Republic of Hungary.

4. Operator reserves the right to cease any part of the webpage and the service without any former notice. Operator does not take responsibility for pausing the whole or a part of the webpage for any reason – even without any former notice; for any damage caused by the full shut down of operation or changes, for any damage for User originating from using services.

5. User accepts and acknowledges Operator’s data protection statement, together with the acceptance in 1.1 point of the current GCC, which is available and acknowledgeable for anyone on the webpage.

Budapest, July 1st, 2011.

Appendix:https://www.mutargy.com/leiras/araink