Terms and Conditions of Use

TERMS AND CONDITIONS OF USE

Terms and Conditions of Use was last modified on July 12. 2022.

1. Definitions And Applicability

1.1. Capitalized terms used in this document shall have the meaning ascribed to them in the Company’s Terms and Conditions of Sale, unless expressly determined otherwise in this document.

1.2. These Terms and Conditions of Use (hereinafter: “Terms of Use”) are a legal document issued by Z ELEKTRONIKA KFT. (HUNGARY), limited liability company incorporated and existing under law of Hungary with registered seat at address Bajor utca 5.-7. Pécs, 7630 Hungary, registered number 02 09 064567, TIN 11541484202 (hereinafter: “Z Elektronika kft.” or “Company”) or its affiliates, and it governs the terms and conditions under which You may access and use the Sites, owned and/or operated by the Company, including, without limitation, https://www.Z Elektronika kft..com/ and https://libstock.Z Elektronika kft..com/ and www.clickcloud.io and all associated sites.

1.3. For the purposes of these Terms of Use “We”, “Our”, “Us”, “Company” or “Z Elektronika kft.” refers to Z Elektronika kft. while references to “You” and “Your” refers to the persons accessing this Sites (including persons who access the Sites on the behalf of other persons).

1.4. Please read these Terms of Use carefully before using the Sites. By accessing our Sites and/or using our Sites and/or downloading of materials from the Sites, You agree to be bound by these Terms of Use, the documents referred to on it (including the the Terms and Conditions of Sale and the Privacy Policy) and/or the laws and regulations and your use constitutes agreement to the Terms of Use.

1.5. If You do not agree to these Terms of Use, any of the related documentation linked herein or other restrictions notified to You during the course of Your use of the Sites, You are not permitted to, and agree not to, use or access the Sites.

1.6. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. According to Z Elektronika kft.’s evolution, due to changes in our Sites and the laws that apply to Us and You, changes in these Terms of Use are almost certain to happen. If We make a change, We will do our best to provide You with advance notice, although in some situations, such as where a change is required to satisfy applicable legal requirements, an update to these Terms of Use may need to be effective immediately. We’ll announce changes in this document at our Sites, and we also may elect to notify you of changes by sending an email to the address You have provided to Us, or by other suitable communication means. If We update these Terms of Use, You are free to decide whether to accept the Terms of Use or to stop using the Sites. Your continued use of the Sites following the communicating of changes will mean that You accept and agree to the changes. As long as You comply with these Terms of Use, Z Elektronika kft. grants You a personal, non-exclusive, non-transferable, limited privilege to access and use the Sites.

2. Accessing The Sites As A Guest

2.1. Access to the Sites is permitted on a discretionary basis, and We reserve the right to withdraw or amend the functionalities We provide on our Sites without notice. We may also restrict access to some parts of the Sites, or the entire Sites from time to time. We will not be liable if, for any reason, the Sites or any of their functionality are unavailable at any time or for any period.

2.2. We will not be responsible for the availability of the Wi-Fi connection and other telecommunication services necessary to access the Sites.

3. Accessing The Sites As A Registered User

3.1. The access to certain Products and services offered through the Sites (including any Products Free of Charge) may require that You register and create an account.

3.2. When creating an account, You will choose a user name and password and provide such additional pieces of information as may be required. All such information must be treated as confidential and You must not disclose it to any third party. We have the right to disable any user name or password, at any time, if You have failed to comply with any of the provisions of these Terms of Use.

3.3. Your account is personal to You. On creating the account, You represent that all the information You have provided is true and accurate. If any information that You have provided to us is inaccurate, it is Your responsibility to amend such information as soon as possible, using the related preference page. You agree not to sell or transfer your account or any part of it to any third party. You are responsible for making all arrangements necessary for You to have access to the Sites.

3.4. You are entirely responsible for maintaining the confidentiality of the information You hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential.

3.5. You agree to notify Z Elektronika kft. immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Z Elektronika kft. or any other user of or visitor to the Sites due to someone else using your account, password or account as a result of your failing to keep your account information secure and confidential.

3.6. We reserve the right to withdraw or amend the functionalities We provide to registered users on the Sites without notice. To the extent practicable and appropriate, We will, however, inform registered users of these changes. We will not be liable if, for any reason, the Sites or any of their functionalities is unavailable at any time or for any period. From time to time, we may restrict access to any of the Sites (in whole or part) to users who have registered with Us.

3.7. You can terminate and delete your account at any time.

3.8. The personal data you provide in relation to creating an account, will be treated in accordance with our Privacy Policy, and all applicable laws of the Hungary pertaining to personal data protection.

4. Advertising, Linking And Framing

4.1. Any Site may contain information about the Third-Party Sites. In addition, emails sent to users of any Product, including the Site, may contain information about, links to and/or advertisements for Third Party Sites. The information provided about, links to and advertisements concerning Third Party Sites are provided for Your convenience only. Z Elektronika kft. does not control such Third-Party Sites and is not responsible for the content and performance of the Third-Party Sites and/or for any transactions that You may choose to conduct with the operators of any Third-Party Sites. We suggest that You carefully read the terms of use and privacy policy (if any) applicable to the Third-Party Sites. You hereby recognize and agree that We are not responsible for the content of linked.4.1. Third-Party Sites, sites framed within the Site or third-party advertisements on the Site and/or in emails sent from the Site, and We do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at Your own risks and subject to the terms and conditions of use of such sites.

5. Intellectual Property Rights

5.1. The Sites contain information and material, including but not limited to software, text, graphics, communications, measures, tests, results, opinions, photographs, drawings, profiles, messages, notes, websites links, music, video files or other animated or non-animated images, designs, music, audio files or other sounds, reports, charts and data files, and any other content, either owned by or licensed to Z Elektronika kft. by any third party, including other users of the Sites (collectively referred to as “Content”).

5.2. You acknowledge and agree that Z Elektronika kft. owns all legal rights, title and interest in and to the Sites, including any intellectual property rights which subsist in the Sites (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Sites may contain information which is designated confidential by Z Elektronika kft. and that You shall not disclose such information without Z Elektronika kft. prior written consent.

5.3. Visitors may use the Content for personal use. The explicit consent of Z Elektronika kft. is required for use exceeding this scope (including reproduction, modification, transmission, distribution and transfer).

5.4. Except if otherwise explicitly agreed or contained in any of the legal documents issued by Z Elektronika kft. The Company grants visitors no copyrights, patent rights, trademark rights, or other intellectual property rights relating to Content.

5.5. Trade names, trademarks and emblems of Z Elektronika kft. or of third parties used on the Sites are protected in accordance with applicable intellectual property laws. They may not be used without the explicit consent of their rightful owners

6. Unsolidated Ideas And Feedback

6.1. Z Elektronika kft. appreciates your interest in our Sites, Products and our company, and understands that You may have comments and suggestions. However, Z Elektronika kft. does not want You to, and You should not, send any confidential or proprietary information to Z Elektronika kft. through its Sites, or through any other means. Please note that You have no confidentiality agreement with Z Elektronika kft. and any unsolicited information or material sent to Z Elektronika kft. will not be regarded by Z Elektronika kft. as confidential or proprietary information. You may wish to consult with an attorney before making any unsolicited submission to Z Elektronika kft. so that You can understand what will be consequences of making an unsolicited public submission to Z Elektronika kft.. If, however, You submit unsolicited information and feedback, including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names (collectively, the “Feedback”), please be aware that regardless of what your letter and/or any other accompanying documentation may say, You are agreeing that the following terms shall apply to your Feedback:

1. Z Elektronika kft., and our designees, may use or redistribute the Feedback and/or any portions thereof for any purpose, including commercial purposes, and in any way; without compensation to You;
2. There is no obligation for Z Elektronika kft. to review the Feedback and/or provide You with any commentary regarding the same; and
3. There is no obligation to keep any Feedback confidential.

6.2. Upon submitting Feedback, You:

1.  warrant that You are the original developer and/or creator of the Feedback and are legally free to make such a disclosure and You shall be solely liable for any damages arising from your submission of any information that is protected through copyright, trade secret law, patent law or other proprietary rights.; and
2.  understand our feedback policy as set forth in this Section and accept this policy without reservation.

7. Submissions Policy

7.1. The Sites may provide You with an opportunity to post publicly/or within a closed circle of registered users, comments, articles and other submissions, including code (collectively, the “Submissions”). By posting and/or otherwise providing Submissions to the Sites, You fully understand and agree to grant Us with the rights described in this section. You also permit any other users to access, display, view, store and reproduce such Submissions for personal use.

7.2. By providing a Submission, You agree to the following:

1.  as of the moment of the upload of a Submission you grant US, without consideration, an irrevocable, perpetual, worldwide, royalty-free, nonexclusive, license to reproduce, distribute, perform and display (publicly or otherwise), and otherwise use and exploit the Submission, or any parts thereof; and
2.  there is no obligation to keep any Submission confidential; and
3.  any user which has been granted access to your Submission via the Site may use such Submission;
4.  You represent and warrant that the Submission (i) is Your original produce, and that it has not been created as a result of any infringement of any intellectual property right of any third person, and/or (ii) that use, distribution or exploitation of the Submission, whether by Z Elektronika kft. or Z Elektronika kft.’s customers, will not infringe, misappropriate or violate any intellectual property or other right of any person or entity, or (iii) that if the Submission was created using a license or other legal rights of third parties, You have obtained such licenses or other legal rights in a fully legal manner and have the rights to use such licences or other legal rights of such third parties for the Submission. Z Elektronika kft. may request, prior to each Submission that you confirm these representations and warranties, and to disclose any licences or other legal rights of third parties used in creating the content of the Submission.

7.3. You acknowledge that to the extent that You include personally identifiable information in your Submissions, We may republish such information. Z Elektronika kft. furthermore reserves the right to alter and edit any Submission or refuse to accept, post, display or transmit any Submission in its sole discretion.

7.4. Although Z Elektronika kft. has no obligation to monitor the Submissions, You acknowledge and agree that We may do one or all of the following:

1. monitor the Submissions;
2. alter, edit, or remove any Submission in whole or in part; or
3. disclose any Submissions.

7.5. The Submissions posted on the Sites by users do not indicate any approval or endorsement by Z Elektronika kft. of such Submissions. Z Elektronika kft. is not responsible for, and hereby disclaims any and all liability that may arise from the Submissions. If You are a user accessing and/or using Submission of other User, you hereby signify that you do so at your own risk, and agree that Z Elektronika kft. shall not be deemed liable for any of the Submissions, in terms of its legality, accuracy, completeness, nor shall it be deemed that the Z Elektronika kft. makes any representations or warranties with regards such Submissions.

7.6. You agree that You are responsible for your own use of the Sites, for any Submission You make, and for any consequences thereof. You agree that You will use the Sites in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. To provide a forum where ideas can be shared in a productive and safe environment, you agree NOT to:

1. Post any private information, or otherwise harvest, collect or disclose information, about another without his or her express material;
2. Post any material to the Sites that is unlawful, racist, hateful, libellous, defamatory, obscene, or that intentionally discriminates against or harasses particular individuals or groups;
3. Post any material to the Sites that infringes any third party’s intellectual property or other rights;
4. Use the Sites for any unlawful purpose, or transmit or otherwise make available in connection with the Sites any material that would give rise to criminal or civil liability;
5. Use the Sites for advertisements, chain letters, spam, survey solicitations, junk mail or solicitations;
6. Impersonate any person or entity, including any Z Elektronika kft.’s employees, or falsely state or otherwise misrepresent your affiliation with any person or entity;
7. Imply that Z Elektronika kft. endorses any of your statements or positions;
8. Take any action that imposes an unreasonable load on the server;
9. Use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any activity being conducted on the Sites;
10. Attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or making up the Sites; and/or
11. Delete or alter any material posted by any other person or entity.

7.7. You agree to indemnify, defend and hold Z Elektronika kft. and its directors, officers, employees, agents, successors and assigns harmless from and against any loss, cost, liability, claim, judgment, damage 7.7. and expense, including without limitation reasonable attorneys’ fees and expenses and witness fees, with respect to any claim, dispute, proceeding or cause of action (i) arising out of the breach of Your representations and warranties contained herein; (ii) arising out of Your failure to comply with any applicable law, rule or regulation; (iii) alleging that the Our or any of Our customer’s use of the User Generated Content, and/or Feedback and/or Submissions violates, infringes or constitutes misappropriation or unauthorized use of any proprietary right of any third party.

8. Other Terms And Conditions

8.1. Additional terms and conditions apply to purchases of goods or services and to specific portions or features of the Sites, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Sites or for any service offered on or through the Sites, the latter terms shall prevail with respect to your use of that portion of the Sites or the specific service.

9. Privacy

9.1. Z Elektronika kft.’s Privacy Policy applies to use of the Sites, and its terms are made a part of these Terms of Use. Additionally, by using the Sites, You acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information You send to the Sites may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

10. Disclaimers

10.1. Z Elektronika kft. intends that its Content contained on the Sites to be accurate. The Sites could, however, contain technical inaccuracies, typographical mistakes or other errors. Z Elektronika kft. may make corrections to the Content at any time.

10.2. Information, commentary and other Content posted on the Sites (including User Generated Content, Feedback, and/or Submission) are not intended to amount to advice on which reliance should be placed.

10.3. Subject to the Terms and Conditions of Sale and to the largest extend permitted under Serbian law, Z Elektronika kft. does not warrant or make any representations regarding the availability, use, timeliness, security, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the content of the Sites or any other websites linked to or from the Sites. Any material downloaded or otherwise obtained through the use of the Sites is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material, or use of the Sites. The Content of the site is provided “as is” and on an “as available” basis, without warranties of any kind either express or implied. To the fullest extent possible pursuant to Serbian law, Z Elektronika kft. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. Some jurisdictions do not allow the exclusions or limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply. No advice or information, whether oral or written, obtained by you from Z Elektronika kft. will be deemed to alter this disclaimer of warranty, or to create any warranty.

11. Limitation Of Liability

11.1. Z Elektronika kft. will not be liable for any damages of any kind arising out of or relating to the use or the inability to use the Sites, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure, and all other direct, indirect, special, incidental, exemplary or consequential damages even if Z Elektronika kft. has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

12. Applicable Laws And Court Jurisdiction

12.1. These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of Hungary, without regard to the conflict of law provisions therein.

12.2. The courts of Hungary will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Sites although We retain the right to bring proceedings against You for breach of these Terms of Use in your country of residence or any other relevant country.

13. Your Questions And Concerns

13.1. If you have any concerns about material which appears on the Sites or the accessibility of our Sites please inform us at: patricia.molnar@zelektronika.eu.