EULA

General Terms and Conditions and End User License Agreement

Effective Date: 01.01.2017

 

By using our Application, you are agreeing to comply with and be bound by the following General    Terms and Conditions and End User License Agreement (the “Terms“). We encourage you to read these Terms carefully. If you do not agree to these Terms, you should not use this Application and the Service. The terms “we”, “us” and Speaxelf refer to Speaxelf Kft., a company incorporated under the laws of Hungary and its affiliates and the application, websites, services, platforms and applications provided by the same. „Application” means the application called „Speaxelf”. „Website” means the website speaxelf.com. „Service” refers to the services and applications provided and used through the Application or the Website. The term “you” refers to the user or viewer of our Application.

 

BY USING THIS APPLICATION (together with all video, post, text, comment or other content available through the Appication, the Website and other sites owned, operated or controlled by us, OR SUBMITTING CONTENT TO THIS APPLICATION, YOU SIGNIFY YOUR ASSENT TO (1) THESE TERMS, AND (2) our PRIVACY POLICY at speaxelf.com/index.php/privacy-policy (the “Privacy Policy“). Our Privacy Policy, as it may change from time to time, is a part of these Terms. These Terms apply to all users of the Application.

We may revise these Terms from time to time without specific notice to you. The most current version of the Terms will govern our use of your Personal Information and will always be at speaxelf.com/index.php/eula. You should review these Terms prior to using the Application. By continuing to access to, or use of, the Application, the Website or the Service after those changes become effective, you agree to be bound by the revised Terms.

 

Links to other websites

The Application or the Website may contain links to third party websites or applications that are not owned or controlled by us. We are not affiliated with those websites or applications, have no control over, and assume no responsibility for, the content, the terms and conditions, privacy policies, or practices of any third party websites or applications. Inclusion of any linked website or application on our Application or the Website does not imply approval or endorsement of the linked website or application by us. In addition, we will not and cannot censor or edit the content of any third-party website or application. By using the Application or the Website, you expressly release us from any and all liability arising from your use of any third-party website or application. Accordingly, we encourage you to read the terms and conditions and privacy policy of each other website or application that you visit.

 

Access to the Application

  • We hereby grant you permission to use the Application, provided that: (i) your use of the Application is solely for your legal personal, non-commercial use; (ii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iii) you will not transmit any content which contains software viruses, or other harmful computer code, files or programs; (iv) you will not disrupt servers or networks connected to the Application; (v) you will not use any automated system, including without limitation, “robots,” “spiders,” and “offline readers,” that accesses the Application in a manner that sends more request messages to the servers that host the Application or the Service in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (vi) you will not collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Web Site, and (vii) you comply with these Terms.
  • In order to access some features of the Application or the Service, you will have to create an account. You may never use another individual or entity’s account without that individual or entity’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of Speaxelf or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.
  • You agree that we have the right to terminate your access to the Application or the Service, in our sole discretion, at any time, immediately and with or without cause and that we shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from such action from our part.

Intellectual Property Rights

The content and other matters related to the Application or the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such content or any part of the Application or the Website, except as expressly allowed by these Terms, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed or accessed through the Site. The posting of information or materials on the Application or the Website does not constitute a waiver of any right in such content and materials. Some of the content on the Application or the Website is the copyrighted work of third parties.

 

Submissions

The Application facilitates the submission of videos or other content by you and other users (“Submissions“) and the hosting and publishing of such Submissions. You understand that whether or not such Submissions are published, we do not guarantee any confidentiality with respect to any Submissions.

You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. By submitting the content you represent and warrant that: (i) you own or have the necessary rights and permissions, copyright, trademark or other proprietary rights included, to use and authorize us to use and make accessible such content on the Application as contemplated by the Application and these Terms and (ii) you have the written consent and/or permission of each and every identifiable individual person in the Submission to use their name or other personal data as contemplated by the Application and these Terms.

You agree that you will not: (i) submit material that is subject to third party copyright, trade secret, proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the Submission and to grant us all of the license rights granted herein; (ii) submit content or other material that falls under the restrictions as contemplated in these Terms.

You retain all of your ownership rights in your Submissions. However, by submitting and sharing your content with other users you grant us and other users a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of, share or disclose your Submission.

 

Copyright and Content Policy

We respect the intellectual property rights of others, and request you to do the same. We do not permit copyright infringing activities and infringement of intellectual property rights on the Application or the Service, and will remove all content if properly notified that such content infringes another’s intellectual property rights. We reserve the right to remove content and terminate your account without prior notice and at our sole discretion if you are determined to be an infringer of copyright or you are found to violate these Terms.

 

Restrictions to Use of the Application, the Website and the Service

We do not tolerate and you agree that you do not submit, post, share, or otherwise make available on, or create by the Application or the Service any content or communication that may or may be unlawful; obscene; pornographic; sexually suggestive; violent; sexually, racially or ethnically offensive; intimidating; or contain in any form any kind of political or other extremism, hatred, or other violation of other parties’ rights (“Objectionable Content”).

 

We reserve the right to disallow, delete, block, or otherwise restrict the accessibility of any video, post, text, comment or other content or submission you upload or post to the Application we believe may be contrary to or in violation of to the above restrictions. We may continue to store the removed content, including, without limitation, in order to comply with legal obligation. Such retained content, however, may not be retrievable to you without a court or authority order. Therefore, you are encouraged to keep a backup of your data and content and we disclaim any and all liabilities for any loss of data or content you submit, post, share, or otherwise make available on, or create by the Application or the Service.

 

You are encouraged to notify us or report to us if you find any Objectionable Content on or through the Application or the Service by using the functions „Report user”; „Block user” and „Block video” („Flagging”) such content on the Application. Speaxelf will, within 24 hours from Flagging, investigate and act on the same and block the Objectionable Content and terminate the account of the user who posted, shared, or otherwise made available such Objectionable Content.

 

Measures Taken for Protecting Your content and data

We take reasonable and appropriate measures, electronic as well as procedural, in order to keep your content and data secured. Not known security measure and system, however, may be completely secure. Therefore, and our every effort notwithstanding, we do not promise that your content or data will remain secure and we assume no liability for any access by any third party to your content or data, shared or not, through the Application or the Service. You have to bear in mind that hackers, and malicious softwares may attempt to gain access to, and gather any information uploaded to the Application, our application, and platform and you acknowledge that any content or data uploaded to the internet may by subject to security breaches and not be secure.

 

Warranty Disclaimer

You agree that your use of the Application and the Service shall be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Application, the Service, any content therein and your use thereof. We assume no liability for any (i) mistakes or inaccuracies of content, (ii) personal injury or property damage resulting from your use of the Application or the Service, (iii) any unauthorized access to or use of our servers, the Application or the Service, (iv) any interruption or cessation of transmission to or from the Application and the Service, (v) any hackings, bugs, viruses, Trojan horses, or other malware which may be transmitted to or through the Application or the Service.

 

Limitation of Liability

In no event shall Speaxelf be liable to you for any damage, direct, indirect, or consequential, resulting from any (i) content through, (ii) use of, (iii) personal information and/or financial information submitted to the Application or the Service, (iv) any interruption or cessation of transmission to or from the Application and the Service, (v) any bugs, viruses, Trojan horses, or other malware which may be transmitted to or through Application or the Service, and (vi) any errors or omissions in any content, the Application or the Service. The foregoing limitation of liability shall apply to the fullest extent permitted by law,

 

Indemnity

You agree, without any limitation or reservation whatsoever, to defend, indemnify and hold harmless Speaxelf from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses arising from: (i) your use of the Application or the Website; (ii) your violation of these Terms; (iii) your violation of any third party right; or (iv) any claim that your Submission or use of the Application or the Service caused damage to a third party.

 

Ability to Accept Terms & Conditions

You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms, and agree to comply with these Terms.

 

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Speaxelf without restriction and without notice to any party.

 

General

You agree that the Web Site shall be deemed solely based in Hungary. These Terms shall be governed by any construed in accordance with the internal substantive laws of Hungary, without respect to its conflict of laws principles. Any claim or dispute between you and Speaxelf that arises in whole or in part from the Application, the Service, or these Terms shall be decided exclusively by the state court of competent jurisdiction of Hungary as determined by the registered seat of Speaxelf.

 

Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by us on the Application, shall constitute the entire agreement between you and Speaxelf concerning the Application and the Service. If a provision or any part of these Terms is or becomes illegal, invalid or unenforceable, that shall not affect the legality, validity or enforceability of any other provisions of these Terms. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.