General Terms of Service
ACKNOWLEDGMENT AND ACCEPTANCE OF THE GENERAL TERMS OF SERVICE
- The web page www.classite.com (collectively, "CLASSITE", or the "Service"), owned and operated by MIKZOL Kft. (hereinafter the Company or CLASSITE) is provided to you ("You", “Your”) under these General Terms of Service (“GTS”) and any operating rules or policies that may be published by CLASSITE. The contract to be concluded between You and CLASSITE shall contain the entire agreement between the parties, and therefore supersedes all prior agreements between the parties regarding the subject matter contained herein. By using the CLASSITE website. You are indicating Your agreement to be bound by all of the terms and conditions of the GTS.
If You are under the minimum age of consent to enter into a contract in Your jurisdiction, then You may not use or access the Services at any time or in any manner. For example, in the United States, You must be at least 13 years of age to establish an account and use the Service and You must be at least 18 years old to purchase and sell items through the Service.
In the European Union, You must be over 16 years old to use our Services. You declare that you are above the legal age for entering into contract with using our Services.
- DESCRIPTION OF THE SERVICE
- CLASSITE provides You with various content and communication services, including but not limited to the capability to post information to a web page and participate in web-based discussions. Some of these services will be free of charge, others may cost money or have other requirements. The requirements or fees for any service or option will be clearly explained and separately agreed to when You implements those options, if any. You must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web.
You may establish an account to purchase and/or sell items through the Service.
III. MODIFICATIONS TO TERMS OF SERVICE
CLASSITE may at any time revise the GTS by updating this posting. By using CLASSITE, You agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current GTS to which You are bound. Your continued use of CLASSITE constitutes an acknowledgment by You of the GTS and GTS modifications and an undertaking to comply with and to be bound by them.
- MODIFICATIONS TO SERVICE
CLASSITE reserves the right to modify or discontinue the Service with or without notice to You. CLASSITE shall not be liable to You or any third party should CLASSITE exercise GTS right to modify or discontinue the Service.
You agree to indemnify and hold CLASSITE, and its subsidiaries, affiliates, employees, subcontractors and other contractual partners harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of Your use of the Service, Your connection to the Service, Your violation of the GTS, or Your violation of any rights of another, whether You are a registered user or not. You are solely responsible for Your actions when using the Service.
VII. USER ACCOUNT, PASSWORD, AND SECURITY
- You may establish a dedicated account with CLASSITE. You are entirely responsible for any and all activities which occur under Your account if You do not maintain the confidentiality of Your password and account. Furthermore, You are entirely responsible for any and all activities which occur under Your account by You or someone You authorize to use Your account. You may change Your password at any time; You may also set up a new account and close an old one at Your convenience.
- You agree to immediately notify CLASSITE of any unauthorized use of Your account or any other breach of security known to You.
- You agree that CLASSITE, in its sole discretion, may terminate Your account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if CLASSITE finds that You have violated or acted inconsistently with the letter or spirit of the GTS. You agree that any termination of Your access to the Service under any provision of this GTS may be effected without prior notice, and acknowledge and agree that CLASSITE may immediately deactivate or delete Your CLASSITE account and any or all related information and files. CLASSITE reserves the right to bar any further access to such files or the Service. You agree that CLASSITE shall not be liable to You or any third-party for any termination of Your access to the Service. Advanced accounts that are terminated will not be refunded.
- Should You object to any terms and conditions of the GTS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately discontinue use of the Service.
- Upon termination of the Service, Your right to use the Service immediately ceases. You shall have no right and CLASSITE will have no obligation thereafter to forward any unread or unsent messages to You or any third party.
All notices to a party shall be in writing and shall be made either via email or conventional mail. CLASSITE may broadcast notices or messages through the Service to inform You of changes to the GTS, the Service, or other matters of importance; such broadcasts shall constitute notice to You.
- LICENSE AND SITE ACCESS
- CLASSITE grants You a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of CLASSITE. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CLASSITE.
The Company, or relevant third parties, may provide links to other websites or resources. Because CLASSITE has no control over such sites and resources, You acknowledge and agree that CLASSITE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CLASSITE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or possibly caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
XII. USER CONDUCT
- Your are solely responsible for the contents of Your transmissions through the Service, including any content transmitted through Your account, if applicable. Your use of the Service is subject to all applicable local, state, national and international laws and regulations.
- You agree: (1) to comply with Hungarian and applicable international law regarding the transmission of technical data forwarded from your country through the Service; (2) not to use the Service for illegal purposes; (3) as Seller, you warrant that you are entitled to sell the product you are selling and that the product is an original; (4) not to interfere or disrupt networks connected to the Service; and (5) to comply with all regulations, policies and procedures of networks connected to the Service.
- The Service makes use of the Internet to send and receive certain messages; therefore, Your conduct is subject to Internet regulations, policies and procedures. You will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
- You agree not to transmit through the Service any unlawful, harassing, libellous, abusive, threatening, or harmful content of any kind or nature. You further agree not to transmit any content that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
- You shall not interfere with another person’s use and enjoyment of the Service or another entity's use and enjoyment of similar services.
- CLASSITE may review user account activity, such as private messages, account details and order pages, upon receipt of complaints from other users. In addition, CLASSITE may, at its sole discretion, immediately terminate Your Service should Your conduct fail to conform with these terms and conditions of the GTS. Examples of conduct that may result in immediate account termination include: entering falsified information into the database in order to circumvent database or marketplace guidelines, including copyright laws; opening new user accounts after original account has been banned, negotiating private sales of items in order to circumvent Marketplace fees, etc.
XIII. LICENSING OF USER CONTENT
- The CLASSITE website consists of user-generated content. This content promotes the growth of information (i.e., music, literary, etc.) via the websites, pursuant to CLASSITE’ mission. You may only contribute content which is in the public domain (i.e., expired copyright or public from inception) or otherwise available through a free, CC0 license. Certain content may also be contributed if it complies with applicable fair use or quotation standards (i.e., images). If You have any questions about the public domain, license, or fair use or quotation status of content, please consult with a qualified legal expert before contributing that content. You grant a non-exclusive, non-revocable, transferable right to CLASSITE to use Your user-generated content, unrestricted in time and territory, for the purpose of rendering the Services.
- If You cease using CLASSITE Services, You confirm that CLASSITE is entitled to continue using Your user-generated content and may continue display Your user name along with Your content pursuant to the rights granted above.
XIV. DISCLAIMER OF WARRANTIES
- You expressly understand and agree that:
(a) Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. CLASSITE expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b) CLASSITE makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
(c) Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data or other liability that results from the download of any such material.
(d) No advice or information, whether oral or written, obtained by you from CLASSITE or through or from the Service shall create any warranty not expressly stated in the GTS.
(e) CLASSITE does not promote or condone any ideas or messages contained in the items listed via the Service.
- LIMITATION OF LIABILITY
- You expressly understand and agree that CLASSITE shall not be liable for any direct or indirect damages, including but not limited to lost profit, the loss of goodwill, use, data or other intangible losses (even if CLASSITE has been advised of the possibility of such damages) resulting from: (i) the use or the inability to use the Service; (ii) the cost of any procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
- To report violations of the GTS, please use the Support Request Form. To expedite the processing of Your report, please include as many details as possible about the violation.
- To report copyright infringement, please follow the instructions for Notice of Copyright Infringement.
The GTS is governed by and interpreted in accordance with the laws of Hungary. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the court of law with jurisdiction over the seat of MIKZOL Kft., the operator of CLASSITE. The failure of CLASSITE to exercise and enforce any right or provision of the GTS shall not constitute a waiver of such right or provision under any conditions. If a court finds any portion of the GTS to be unenforceable or invalid, that ruling shall be complied with in accordance with the applicable legislation, while the remainder of the GTS will remain valid and enforceable.
Effective as of July 11, 2020 (Version 1)