Motoglobe.eu Conditions of Use
The present Conditions of Use (hereinafter: “Conditions of Use”) contain the conditions pertaining to the use of the services of the online social media site for the motorbike community available at http://motoglobe.eu (hereinafter: the “Service”) and operated by motoglobe.hu Kft. (registered seat: 1064 Budapest, Podmaniczky u. 57; company registration number: 01-09-208894; hereinafter: the “Operator”) by the users (hereinafter: “you” or the “User”).
I. General provisions
For the purposes of the present Conditions of Use, a User shall be any natural person of 18 years or age or older and having full legal capacity, or any business association, that sets up a user account on the website motoglobe.eu.
By using the Service, the User acknowledges and accepts as binding upon himself the present Conditions of Use, and at the same time also accepts the Operator’s Data Protection Statement constituting an annex to the present Conditions of Use. The User shall be required to provide data related to him that correspond to reality. If the Operator becomes aware that the data provided by the User is or includes elements that are not true, the Operator may restrict the User’s access to the Service partly or wholly.
Further, the Operator reserves the right to exclude any User or to delete any content or information that, in the Operator’s interpretation, is contrary to the intended use of the website at motoglobe.eu or the regulations of motoglobe.eu (defamatory, illegal, offensive or immoral).
With the use of the service, an online contract is concluded between the User and the Operator.
The Operator reserves the right to change the present Conditions of Use unilaterally. The Operator shall inform the User of changes in the form of a short notification. The notification may be sent on a section of motoglobe.eu devoted to this purpose, in the newsletter, or in an e-mail message sent to the User’s e-mail address associated with his account. The use of the Service after the changes shall constitute acceptance of the changes to the Conditions of Use.
With the deletion of the User’s account, the legal relationship regulated by the present Conditions of Use shall be terminated.
The User may upload the following types of files:
II. The responsibility of the Operator
The Operator shall provide the User with an opportunity to share different types of content, such as text, images and videos, routes, events, etc. on the motoglobe.eu portal. The Operator assumes no responsibility for the Users’ content published on motoglobe.eu, nor in connection with any error or the termination of the Service. Therefore, the Operator shall not be responsible, inter alia, for the textual materials, photographs, videos, routes or events shared by the User on motoglobe.eu, nor for the accuracy or originality of such content.
The User shall be responsible for maintaining the security of his password.
In connection with the uploaded content, the User authorises the Operator to publish such content (or any parts or excerpts from, or collections of the same, etc.) on various internet pages or in the traditional electronic media.
The Operator shall not interfere in legal disputes between the Users, and in case any dispute should arise, the User hereby indemnifies the Operator with respect to any demand, claim or damages.
The Operator may, but is not required to, check any content published or made accessible on motoglobe.eu, and the Operator may, but is not required to, look for signs of illegal activities on pages or sites referenced by the information published. If necessary, the User shall be required to archive the content available on motoglobe.eu.
The User shall be exclusively responsible for all content published or made available by him, and in particular, the User shall be exclusively responsible for any pecuniary or non-pecuniary damage caused by or arising in connection with such content.
The User may specify whether the content created or uploaded by him should be visible only to himself, or to his friends on the motoglobe.eu site, or to all registered Users. By sharing his content, Users consent that other Users, in accordance with the appropriate settings of sharing, shall have access to such content.
No unlawful content (such as the personal or special data of third parties, or their comments, unlicensed intellectual property, and especially pictures, subject to copyright or other legal protection), or content that would directly or indirectly breach the rights of third parties or provisions of law (e.g. calling upon the commission of a criminal offence) may be posted on motoglobe.eu.
If a third party, authority or court has a claim or starts proceedings in connection with any content published or made accessible on motoglobe.eu by the User, the User shall be liable for all costs, expenses and damages arising in connection with such claims or proceedings, and agrees further that he shall take all steps demanded by the Operator (e.g. making a public or other declaration in which they clearly undertake responsibility for the abuse or breach, and holding the Operator harmless) in connection with such breaches and abuses in the interest of protecting the reputation of the Operator (including measures for the avoidance of any connection between the breach or abuse and the name of the Operator, as well as for the prevention and mitigation of damage and risks affecting the Operator as a result of such occurrences).
If the content published or made available by the User on motoglobe.eu is unlawful, the Operator shall proceed in compliance with the relevant provisions of law, and may remove the unlawful content when receiving a notice to this effect from the holder of the right.
III. Prohibited/illegal content, restrictions
No such content may be uploaded to or shared on motoglobe.eu the publication of which is excluded or restricted by a provision of law, or that violates copyright or intellectual property, or that breaches any provision of law (or code of conduct/ethics), is unlawful, or violates good morals, or calls upon or encourages others to engage in such conduct.
Further, it is prohibited to publish any such content or make any reference that may violate or jeopardise the goodwill of the Operator or the owner (indirect owner) of the Operator, or their business and economic interests, general reputation, including in particular the reputation of their products or services.
Further, it is prohibited:
In accordance with the above, in case of content deemed to be non-compliant, the Operator may refuse the provision of the Service, or remove the content uploaded by the User even without prior warning given to the User, or restrict the User’s access to the Service.
The User shall use the Service lawfully and in compliance with the relevant provisions of law in effect. If the User uses the Service in a way that violates the provisions of the present Conditions of Use or the provisions of law, or for unfair purposes, the Operator may take any and all measures that it can and is expected from it in order to enforce sanctions against the User and to hold the User accountable. The Operator shall cooperate with the authorities in the framework of the relevant provisions of law in effect at the time in the interest of holding persons who have committed any violations of law accountable.
The Operator may check the content uploaded by the User in advance or also afterwards, subsequent to the uploading, and may remove uploaded content if deemed to be non-compliant.
Mutual respect is expected of Users in their exchanges of messages. If the tone of messages sent by a User is not acceptable, its content is offensive or inciting hatred, the Operator may restrict the User’s access.
IV. Fees for the Services
The Operator shall provide the Service free of charge for the User, but reserves the right to provide certain elements of the Service for a fee in the future, as well as the right to place advertisements on the website.
V. Contact
The customer service of motoglobe.eu shall primarily receive complaints and other contact from the User on the online interface set up for this purpose. The customer service shall reply to consumer complaints or questions of a User by way of e-mail sent from the closed customer service system to the e-mail address provided by the User. The Operator shall investigate and reply to consumer complaints and user questions without delay, but in any case within the time limit set by the relevant provision of law applicable to the handling of consumer complaints.
VI. Protection of personal data
The confidential handling of the personal data of the User is a high-priority requirement, and therefore, the Operator may only disclose the personal data of the User to third parties specified in the Data Protection Statement, and may only make them accessible to authorities and courts in compliance with the applicable framework of relevant legal provisions.
VII. Governing law, regulatory authorities
The legal relationship between the Operator and the User shall be governed by Hungarian law. In case of a legal dispute between them, the Parties hereby submit, subject to the rules of competence, to the exclusive jurisdiction of the court of competence according to the registered seat of the Operator.
In case of consumer complaints related to the Service, the User may initiate the proceedings of the competent authority of consumer protection, while in connection with electronic advertising, the User may initiate the proceedings of the infocommunications authority.
Contact information for the Hungarian Authority for Consumer Protection: 1364 Budapest P.O. Box 144; fogyved_kmf_budapest@nfh.hu
Contact information for the National Media and Infocommunications Authority: 1525 Budapest, P.O. Box 75; info@nmhh.hu.
VIII. Provisions on Intellectual Property
The website motoglobe.eu is the intellectual property of motoglobe.hu Kft., which is also the owner of its license.
All content on motoglobe.eu is protected by copyright and other laws. The content of motoglobe.eu, protected by copyright on database, may only be used with the prior, written consent of the Operator.