CONDITIONS D'UTILISATION
This Site is owned and operated by Back&Rosta Ltd. ("BRISC" or "we"). The address of BRISC is Stromfeld A. ut 28, Budapest H-1128, Hungary. BRISC provides content on this Web site (the "Site") subject to the following terms and conditions (the "Terms"). We may change these Terms occasionally, so please check back from time to time. These Terms were last updated on April 27, 2020.
By accessing and using this Site, you agree to these Terms.
1. Copyrights
All content and functionality on the Site, including text, images, logos, icons, and graphics and the selection and arrangement thereof, is the exclusive property of BRISC or its licensors and is protected by Hungarian and international copyright laws. All rights not expressly granted are reserved.
2. Use of Site Content
2.1 BRISC hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the content and functionality displayed on the Site (the "Site Content") on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, store, modify, distribute, transmit, post, or disclose the Site Content without the prior written consent of BRISC.
2.2 Unless stated otherwise, BRISC or its licensors retain all right, title and interest in and to the Site and the Site Content and all copyright, design rights and trade mark rights whether registered or unregistered and all other intellectual property and proprietary rights anywhere in the world therein. Unless expressly agreed otherwise in writing, any use of the Site Content or any extracts therefrom other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of these Terms, your permission to use the Site automatically terminates and you must destroy and/or permanently erase any downloaded or printed Site Content and all extracts therefrom.
2.3 Subject to paragraph 2.1, no part of the Site may be reproduced or stored on any website or included in any public or private electronic system or service without BRISC's prior written consent.
2.4 Any rights not expressly granted in these Terms are reserved by BRISC.
2.5 The Site and the Site Content are intended for users 18 years of age or older. By accessing the Site and using the Site Content, you warrant to BRISC that you are 18 years of age or older.
2.6 Any goodwill in any trademarks of BRISC on the Site shall accrue to the benefit of BRISC.
3. Disclaimers
3.1 DISCLAIMER OF WARRANTY: THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT BRISC IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHILST BRISC ENDEAVOURS TO ENSURE THAT THE CONTENT IS CORRECT, BRISC DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE CONTENT. THE CONTENT MAY BE OUT OF DATE, AND BRISC MAKES NO COMMITMENT TO UPDATE SUCH CONTENT. BRISC DOES NOT WARRANT OR MAKE ANY REPRESENTATION CONCERNING SECURITY OF THE SITE OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED. BRISC IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR ANY HARDWARE, SOFTWARE, COMPONENTS, DEVICES OR OTHER ITEMS OR SERVICES PROVIDED BY ANY PERSON OR ENTITY OTHER THAN BRISC OR THE FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK USED IN CONNECTION WITH THE SITE. BRISC HAS NO RESPONSIBILITY OR LIABILITY FOR THE CONFIDENTIALITY, AUTHENTICITY, ACCURACY OR DELETION OF OR FAILURE TO TRANSMIT OR STORE ANY CONTENT DISPLAYED, TRANSMITTED OR OTHERWISE PROVIDED ON OR THROUGH THE SITE.
3.2 LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT BRISC, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE), AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, WILL NOT BE LIABLE FOR (A) ANY LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION) OR (B) ANY COSTS OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE IN CONNECTION WITH THE SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE SITE OR ANY WEBSITES LINKED TO THE SITE EVEN IF BRISC HAS BEEN ADVISED OF SUCH DAMAGES OR THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT BRISC'S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE (AS SUCH TERM IS DEFINED BY THE UNFAIR CONTRACT TERMS ACT 1977 (AS AMENDED)); (II) FRAUD; (III) MISREPRESENTATION AS TO A FUNDAMENTAL MATTER; OR (IV) ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
4. Linking to BRISC.com
4.1 Subject to paragraphs 4.2 and 4.3, you may include a hyperlink from your own website to the home page of the Site, provided that you do not link to the Site from any website which:
4.1.1 replicates Content;
4.1.2 creates a border environment or browser around Content;
4.1.3 presents misleading or false information about BRISC's services or products;
4.1.4 misrepresents BRISC's relationship with you;
4.1.5 implies that BRISC is endorsing or sponsoring you or your services or products;
4.1.6 (other than as provided in paragraph 4.3 below) uses BRISC's name or trademarks without prior written permission from BRISC;
4.1.7 contains content that could be construed as obscene, defamatory, pornographic, threatening, degrading or inappropriate as determined by BRISC in its sole discretion; or
4.1.8 contains unlawful materials.
4.2 You agree to immediately remove any hyperlink to the Site at any time at the request of BRISC.
4.3 Upon linking to the Site pursuant to paragraph 4.1, BRISC shall grant you a non-exclusive, non-transferable, royalty-free license, subject to your compliance with these Terms, to use the BRISC trademark solely for the purposes of providing an under-lined, textual link from your website to the Site.
4.4 You may not link to an internal or subsidiary page of the Site located one or several levels down from the Site's home page (http://www.the-magic-wall.com) nor use a frame or framing techniques to display any Content within another website.
5. Copyright Infringement
5.1 If you believe your work has been copied in a way that constitutes copyright infringement and is accessible on the Site, please notify BRISC in accordance with the following procedure:
All notifications of copyright infringement must be in writing and directed to BRISC's designated agent at the following address: Back&Rosta Information Security Consulting Ltd., Stromfeld A. ut 28, Budapest H-1128, Hungary, or through the contact page on this Site. Each notification must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit BRISC to locate the material;
4. Information reasonably sufficient to permit BRISC to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. Governing Law; Jurisdiction
These Terms are governed by the laws of the Republic of Hungary without reference to the principles of conflicts of laws thereof. Any dispute arising out of or in connection with these Terms will be referred to the Budapest Metropolitan Court in Hungary.
7. General
7.1 All notices shall be given:
7.1.1 to us, through our contact page on this Site or by post to Back&Rosta Information Security Consulting Ltd., Stromfeld A. ut 28, Budapest H-1128, Hungary.
7.1.2 to you, by email to the email address that you provide to us at the point of your registration, as may be amended by you on the Personal Details section of the Site from time to time.
7.2 We may from to time to time change the Content or suspend or discontinue any aspect of the Site, which may include your access to it. Subject to our notifying you to the contrary, any amendments to the Site or new Site Content will be subject to these Terms.
7.3 These Terms are the whole agreement between you and BRISC on this subject matter. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). We may alter these Terms from time to time and post the new version on the Site, following which all use of the Site will be governed by that version. If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms will. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under this agreement shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under this agreement.