Effective date: 2018/05/25. Replaces the prior version in its entirety.
The terms “we,” “us,” “our” refer to IntelliFactory. “You” refers to you, as a user of our Site or our Service.
About the Agreement
You need to be at least 13 years to register for and use the Service.
We may modify, update, or discontinue the Services, Software (including any of their portions or features) at any time without liability to you or anyone else. However, we will make reasonable effort to notify you before we make the change. We will also allow you a reasonable time to download your content. If we discontinue a Service in its entirety, then we will provide you with a pro rata refund for any unused fees for that Service that you may have prepaid.
Links to and from Third Party Websites
Use of Service and User Conduct
Subject to your compliance with these terms and the law, you may access and use the Services.
If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service. You agree to notify us immediately of any unauthorized use of your password and/or account. IntelliFactory will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions.
We and our community expect a certain degree of courtesy and professionalism. You must use the Services responsibly.
You must not misuse the Services, or content that we provide to you as part of the Services. For example, you must not under any circumstances:
(a) collect or harvest any personal data of any user of the Site or the Service;
(b) distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
(c) use the Service for any unlawful purpose or for the promotion of illegal activities;
(d) attempt to, or harass, abuse or harm another person or group;
(e) use another user’s account without permission;
(f) enable or allow others to use the Service, or content using your account information;
(g) provide false or inaccurate information when registering an account;
(h) interfere or attempt to interfere with the proper functioning of the Service;
(i) make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
(j) bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
(k) circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service;
(l) publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer; or
(m) violate applicable law.
You are solely responsible for the content that you post, upload, link to or otherwise make available via the Service (collectively “User Content”).
You retain all rights and ownership of your content. We do not claim any ownership rights to your content.
Conditions of Use
We grant you permission to use and access the Service, subject to the following express conditions surrounding user content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
By transmitting and submitting any User Content while using the Service, you agree as follows:
(a) you are solely responsible for your account and the activity that occurs while signed in to or while using your account;
(b) you will not post information that is malicious, libelous, false or inaccurate;
(c) you will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
(d) you will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
(e) you hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your content.
The Site does not, and cannot, pre-screen or monitor all user content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users. The Service allows you to post and/or comment on content. Posts and comments are not anonymous, and may be viewed by other users.
You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferrable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.
Online Content Disclaimer
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
Taxes and Third-Party Fees
You must pay any applicable taxes, and any applicable third party fee (including, for example data plan charges, credit card fees, foreign exchange fees, foreign transaction fees). We are not responsible for these fees. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses. If you are located in a different country from the applicable entity that you are transacting with, your payments will be made to a foreign entity.
Credit Card Information
If you do not notify us of updates to your payment method, to avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
All Hungarian legislation for the protection of intellectual property is in accordance with the European Community Directives.
Termination of Repeat Infringer Accounts
We respect the intellectual property rights of others and require that the users do the same. Pursuant to the Hungarian Copyright Act (LXXVI of 1999 on Copyright) we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to IntelliFactory a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
Email may not be used to Provide Notice
Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its employees or representatives in any situation where legal notice is required by contract or any law or regulation.
User Consent to Receive Communications in Electronic Form
We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to email@example.com or intellifactory.com/contact. Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
Limitation of Damages
RELEASE TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users or service that you review using the Service, you release us (and our directors, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Modification of Term of Use
You agree that any cause of action related to or arising out of your relationship with IntelliFactory must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.