1: Introduction and Acceptance
1.1 Introduction
This document, referred to as "Terms of Service", sets forth the legal terms and conditions for the use of the www.vocafy.net website (hereinafter referred to as the "Website"). The Website is operated by the company "Vocafy" (hereinafter referred to as the "Company"), with its office located at Budapest, Hungary.
1.2 Acceptance of Terms
By using the Website, you, as a user (hereinafter referred to as "User"), declare and warrant that you have read, understood, and agree to these Terms. If you do not agree with any part of these Terms, please refrain from using the Website.
1.3 Modifications to Terms
The Company reserves the right to modify these Terms from time to time. Users will be notified of any changes through the Website. By continuing to use the Website after such changes take effect, you agree to the updated Terms.
1.4 Jurisdiction
These Terms and the use of the Website are governed by the laws of Hungary. We recognize the exclusive jurisdiction of the courts of Hungary in any legal disputes arising from or related to these Terms.
1.5 User Rights and Obligations
User rights and obligations are detailed in the subsequent sections of these Terms. Please read and consider these provisions carefully.
1.6 Contact Information
If you have any questions regarding these Terms, please contact the Company at [email protected]
Description of Services
2.1 General Description of Services
The Website offers various online services, which include but are not limited to
Learning by listening
Create your own collections
Share your collections
Pronunciation practice.
Detailed descriptions of these Services can be found in specific sections of the Website.
2.2 Availability of Services
The Company endeavors to provide continuous access to its Services, however, it reserves the right to modify, suspend, or discontinue any of the Services at any time for any reason and without prior notice.
2.3 Conditions of Use of Services
To avail of the Services, Users must register an account on the Website. By creating and using an account, the User declares that they are authorized and capable of adhering to these Terms.
2.4 Intellectual Property
All content available on the Website, including but not limited to texts, images, graphics, logos, and software, is the property of the Company or its licensors. These contents are protected by copyright, trademark, and other intellectual property laws. Users may use these contents only as expressly authorized by the Company.
2.5 Changes to Services
The Company reserves the right to change the content, design, operation, or accessibility of the Services at any time. Users will be notified of such changes through the Website.
2.6 Third-Party Services
The Website may, on occasion, provide references to services provided by third parties, which are not under the control of the Company. The Company is not responsible for these services, and Users use them at their own risk.
User Obligations
3.1 General Requirements
Users are required to comply with all applicable laws and regulations while using the Website and its Services, including but not limited to laws pertaining to copyright and personal data protection.
3.2 Account Creation and Security
Users are responsible for creating their own accounts and maintaining the security of their account details, such as passwords and encrypted information. The Company is not liable for any damages arising from the User's negligence or failure to maintain security measures.
3.3 Prohibited Activities
Users are prohibited from using the Website or its Services for unlawful, fraudulent, deceptive, harmful, harassing, defamatory, obscene, unethical, or otherwise objectionable activities. Furthermore, any activity that could harm, overload, impair, or damage the Website or the interests of other Users is prohibited.
3.4 Copyright Restrictions
Users are prohibited from unauthorized use, copying, distribution, modification, or transmission of any content found on the Website. Such activities constitute a violation of copyright laws and may lead to legal consequences.
3.5 User-Generated Content
If the Website allows Users to upload their own content (e.g., reviews, comments), the User assumes responsibility for such content, including its legality and non-infringement of third-party rights.
3.6 Reporting Obligations
Users are obligated to report any unlawful or rule-violating activities noticed on the Website to the Company.
3.7 Sanctions
The Company reserves the right to restrict, suspend, or terminate User access to the Website and Services if a User violates these Terms.
Intellectual Property Rights
4.1 Website Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and other material on the Website are owned by the Company or its licensors. These materials are protected by copyright, trademark, and other intellectual property laws.
4.2 Restrictions on Use
The use of these materials is only allowed for viewing and using the Services as intended on the Website. It is prohibited to copy, reproduce, republish, download, post, publicly display, transmit, or distribute any of these materials for any purpose, commercial or non-commercial, without the prior written consent of the Company.
4.3 Trademarks
The trademarks, service marks, and trade names displayed on the Website are the property of the Company. Users are prohibited from using these trademarks in any manner without the prior written consent of the Company.
4.4 Third-Party Intellectual Property
If the Website includes intellectual property belonging to third parties (such as licensed content or user-uploaded content), the use of such content is strictly subject to the terms set by the third party.
4.5 Intellectual Property Rights of User-Generated Content
If the Website allows Users to upload their own content, the User guarantees that they hold all necessary rights and permissions for such content and that it does not infringe upon the rights of any third party.
4.6 Reporting Infringements
If a User becomes aware of any infringement of intellectual property rights on the Website, they are required to promptly notify the Company through the provided contact information.
Data Protection and GDPR Compliance
5.1 Data Protection and Processing
The Company is committed to protecting your personal data. Detailed information on the collection and processing of personal data on the Website can be found in the Privacy Policy, which forms an integral part of these Terms of Service.
5.2 Compliance with GDPR
The Company fully complies with the General Data Protection Regulation (GDPR) of the European Union. This includes the secure handling, storage, and processing of personal data, as well as respecting the rights of Users to access, correct, delete their data, and restrict its processing.
5.3 User Rights
Users have rights regarding the processing of their data, including the right to request access to their data, correction of their data, deletion of their data, and the right to object to data processing. Detailed information about these rights and how to exercise them can be found in the Privacy Policy.
5.4 Data Security
The Company commits to taking appropriate measures to ensure the security of personal data, including protection against data loss, unauthorized access, alteration, and disclosure.
5.5 Third-Party Data Processors
If the Company engages third-party service providers for data processing tasks, it ensures that these service providers also comply with GDPR requirements and appropriate data protection standards.
5.6 Cookies and Similar Technologies
The Website may use cookies and similar technologies to enhance user experience and ensure efficient operation of the Website. Detailed rules regarding the use of cookies can be found in the Cookie Policy.
Limitation of Liability
6.1 Exclusion of Liability
The Company makes every reasonable effort to ensure the continuous and reliable operation of the Website and its Services, but does not accept liability for damages arising from the use of the Website or its unavailability.
6.2 No Warranties
The Company provides no express or implied warranties regarding the Website and Services, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
6.3 Third-Party Content
In cases where the Website contains content provided by third parties, the Company is not responsible for such content, including its accuracy, completeness, legality, or any other aspect.
6.4 Consequential Damages
Under no circumstances shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, profits, data, or business opportunities.
6.5 Jurisdictional Specifics
This limitation of liability is applicable as per the laws of Hungary. If local laws stipulate different rules for compensation, the Company will adhere to such regulations.
6.6 User Responsibility
Users are responsible for their actions conducted via the Website and are liable for damages arising from violations of these Terms.
Termination and Modification Rights
7.1 Termination Rights
Users may choose to terminate their account on the Website at any time. Following termination, the Company will remove the User's personal data and other associated information from its databases, except for data that must be retained due to legal obligations.
7.2 Modification of Services
The Company reserves the right to modify, limit, or discontinue any Services offered on the Website at any time. Users will be notified of such changes in advance through the Website or other appropriate channels.
7.3 Modification of Terms
The Company reserves the right to modify these Terms of Service from time to time. Users will be notified of any changes before they become effective, and by continuing to use the Website after such changes, they automatically accept the new Terms.
7.4 Notification Obligation
The Company will notify Users of any significant changes, including changes to the Services or Terms of Service, through the Website or via the email addresses provided by the Users.
7.5 User Changes
If there is a change in the User's information (e.g., email address, residential address), they are obligated to update this information promptly on the appropriate section of the Website, ensuring the Company has current details.
7.6 Termination of User Rights
Upon termination of a User's account, the User loses all rights and access associated with the account, including access to previously purchased or registered content.
Complaint Handling
8.1 Complaint Submission Procedure
If Users have any complaints regarding the Website or its Services, they may submit these in writing to the Company using the provided contact details. Complaints should include the User's name, contact information, and a detailed description of the complaint.
8.2 Handling of Complaints
The Company commits to thoroughly investigate all received complaints and respond within a reasonable time frame. The goal is to address complaints promptly and effectively, and when possible, resolve the issue.
8.3 Response Time
The Company aims to respond to all complaints within 30 days. However, this period may extend in cases where the complaint requires more complex investigation.
8.4 Remedies
If a User is dissatisfied with the Company’s response or solution, they have the right to seek further legal remedies, including approaching consumer protection agencies or courts.
8.5 Feedback
The Company encourages Users to provide feedback on the operation of the Website and Services. Feedback helps the Company to continuously improve and enhance its services.
8.6 Reporting of Violations
If Users notice any illegal activities or violations of the Terms of Service on the Website, they are obliged to report these immediately to the Company.
Jurisdiction and Applicable Legal Provisions
9.1 Jurisdiction
These Terms are governed by the laws of Hungary. In any legal disputes arising from or related to these Terms or the use of the Website, we recognize the exclusive jurisdiction of the Hungarian courts.
9.2 Applicable Legal Provisions
In using the Website, Users are obliged to comply with Hungarian laws, including but not limited to copyright, data protection, and consumer protection laws.
9.3 International Users
If a User is located outside of Hungary or is not a Hungarian citizen, they must acknowledge that the Website is operated from Hungary and thus, Hungarian laws apply to their use as well.
9.4 Dispute Resolution
All disputes arising from these Terms, the Website, or the Services should initially be resolved amicably through negotiation. If negotiation fails to yield results, the dispute shall be settled in the Hungarian courts.
9.5 Consumer Protection Rights
Users' rights are protected under Hungarian consumer protection laws. If Users feel their rights have been violated, they have the right to lodge complaints with the appropriate consumer protection authorities.
9.6 Contractual Changes and Additions
Any modifications to these Terms require the mutual agreement of the Company and the User, unless otherwise stipulated in the Terms.
Final Provisions
10.1 Completeness
These Terms constitute the entire agreement between the Users and the Company regarding the use of the Website and its Services. No prior agreements, communications, proposals, or other exchanges form part of these Terms.
10.2 Independence and Severability
Should any part of these Terms be deemed invalid or unenforceable under Hungarian law, it does not affect the validity and enforceability of the remaining parts of these Terms.
10.3 Succession
These Terms are binding on the Users, the Company's successors, assignees, and authorized subcontractors.
10.4 Right to Legal Recourse
Nothing in these Terms excludes or limits the Users' right to seek legal recourse in accordance with prevailing Hungarian laws.
10.5 National and International Regulations
The Company commits to adhering to applicable national and international laws and regulations in its operations.
10.6 Notifications and Contact
All notifications or communications related to these Terms should be conducted through the contact details provided by the Company. The Company reserves the right to change these contact details and will inform Users of any such changes in advance.
