GENERAL TERMS AND CONDITIONS FOR THE USE OF KODÁLY HUB
I. General Provisions and Definitions
1. These General Terms and Conditions specify the contractual and legal conditions regarding the use of the Kodály HUB Online Database and Hosting (hereinafter HUB) operated by the Liszt Ferenc Academy of Music.
2. By finalizing the registration and using the HUB, the User expressly accepts and agrees to these General Terms and Conditions (hereinafter: GTC). The contractual relationship between the parties and the GTC will enter into force between the User and the Hosting Provider by finalizing the registration.
3. Operator data:
Liszt Ferenc Academy of Music
Premises: 6000 Kecskemét, Kéttemplom köz 1.
Temporary Address: 6000 Kecskemét, Kálvin tér 1.
4. Data of the Hosting Provider:
Liszt Ferenc Academy of Music (LFAM)
Seat: 1061 Budapest, Liszt Ferenc tér 8.
5. User: the natural person who uses the Kodály HUB Online Database and Hosting (retrieves the content made available for retrieval), or uploads content thereto for other registered Users or the Operator (duplicates and makes it available for retrieval). If the natural person acts on behalf of a legal person and has the right of representation necessary for the proceedings, the represented legal person is considered to be the User. If such a natural person does not have the right of representation required for proceedings on behalf of the legal person, the natural person is considered to be the User (see also Section IV.1).
6. Content: Any information uploaded to the HUB that can be electronically processed, stored, and transmitted, including, in particular, data, signal, programme, document, intellectual property, hyperlink, and other content that can be made available for retrieval.
7. Intellectual property: Copyrighted and/or intellectual property-protected work, performance, company and indication, including, in particular, composition, related copyrighted performance, audio recording, radio or television program/segment, film, database, patentable invention, design/utility model, topography of semiconductor product, trademark, geographical description, person, trade name of goods or service, other characteristics of goods/services protected by a ban on characterization, as well as business secrets, including protected knowledge (know-how), and any other intellectual property or performance subject to legal protection. Thus, for the purposes of the present GTC, intellectual products are, in particular, but not exclusively, photos, videos (audio-visual performance), audio materials, software, images, graphics, other visual works, sheet music, choreography, game descriptions as specialized literary works, and other literary works.
8. Hyperlink: a reference (link) to a content item within a given content or to other content available on the Internet, regardless of whether the hyperlink leads to the home page or to an internal page of a website hosting the content, and whether it is necessary to activate the hyperlink by clicking on it or not (i.e. the referenced content will appear without clicking on it on the page [document] containing the hyperlink).
II. The Subject of the GTC
1. The subject of the present GTC is the collection of the rules for the use of the interface provided by the Liszt Ferenc Academy of Music (hereinafter referred to as LFAM, or Hosting Provider) and the uploaded content (software, documents, information, intellectual products, links, etc.). LFAM enables registered users through Kodály HUB to search (browse), upload and retrieve (use) content on the HUB.
2. Any activity performed on the HUB shall be governed by the provisions of this GTC.
III. General Rules for the GTC
1. Pursuant to the present GTC, the User accepts the terms and conditions of the GTC and expresses their consent to be bound by them. Without the acceptance of this GTC, valid registration on the HUB and use of the HUB is not possible.
2. The Hosting Provider reserves the right to changes this GTC unilaterally, and in all such cases it posts a notification thereof on the HUB. If, after any changes, the User continues to use the HUB, that implies the acceptance of the changed GTC. If the User does not intend to continue using the HUB as a result of the changed General Terms and Conditions, they may delete their registration. From the date of deletion, the User will not have access to Kodály HUB.
3. If any provision of this GTC is invalid or ineffective, that shall not affect the validity/effect of the other terms of the GTC. If the subject of the invalid/ineffective clause is settled by law, the invalid/ineffective clause shall be replaced by a legal provision.
4. For matters regarding the GTC and the legal relationship between the Operator and the User not regulated in the GTC the provisions of Hungarian law shall apply.
IV. User Identification, Registration
1. Pursuant to this GTC, the User enters into a legal relationship with the Hosting Provide upon finalizing the registration. Only natural persons may register on the HUB, and the Hosting Provider may unilaterally delete registrations not unequivocally affiliated with natural persons.
2. By registering on the HUB, the User:
declares that they have reached the age of 18, they are not under guardianship limiting their capacity to act, and they are capable of making a valid legal statement;
- declares that all information provided during the registration process is true and accurate; accepts that in all cases when changes occur in the provided data the User shall, without delay, update the data on the user interface of the HUB in order to be able to use the services of the HUB unhindered, and ensure that these data stay true and accurate during the entire time of the registration; and that failure to do so will result in the User becoming exclusively responsible for any damages that may arise.
- accepts that they may not impersonate another person, and may not register on the HUB with the name and/or any other personal data of other persons; and the Hosting Provider hereby excludes any liability for claims arising from such false registrations, and the User is solely responsible for any damages caused by such registration to the Hosting Provider and any third parties;
- accepts that the Hosting Provider is not in a position to and will not verify the authenticity and correctness of the information provided during the registration and in connection with the use of the HUB;
- accepts that the User is obliged to refrain from unauthorized attempts to penetrate the HUB, its servers and networks, or any other computer systems or networks that are affiliated with the HUB.
3. By registering, the User agrees to the processing by the Hosting Provider in accordance with the GTC of the HUB of the data provided during the registration process.
4. The User acknowledges that by way of the data provided during the registration, the Hosting Provider may contact them regarding issues arising from the use of the HUB, or when clarifying liability issues.
5. The Hosting Provider reserves the right to delete the registration if the provided data is insufficient for contacting the User.
V. Conditions of Use
1. By completing the registration, the User expressly acknowledges and commits to comply with the terms and conditions set forth in Sections 2 to 5 below.
2. In the event of violation of this GTC, the Hosting Provider may unilaterally delete the User's account, and the User will no longer be able to use the HUB.
3.1. By uploading to the HUB any content that is considered to be an intellectual property, User grants LFAM geographically and temporally unlimited, non-exclusive, royalty-free reproduction and retrieval right concerning that content, which LFAM and KODÁLY HUB may exercise for educational and cultural purposes, and for purposes set out in Sections 3.3. and 3.4., without the direct or indirect aim of generating income. The right of use covers the application of any method developed after the application of the present GTC that enables the implementation of the mode of use known at the commencement of the application more efficiently, under more favourable conditions or in better quality.
3.2. The User acknowledges that the Hosting Provider or a contributor thereof only performs education professional assessment of user-uploaded content on the HUB, to ensure compliance of the content with professional standards and Kodály's principles. The assessment specifically does not extend to any other criteria other than complying with education professional criteria, therefore, in particular, it does not include judgement and monitoring of the copyright, privacy, personal or any other legal perspective of the content, and it does not constitute editing in a copyright sense (compilation of collected works). Content in a language other than Hungarian is not revised by the Hosting Provider, and all legal and professional liability regarding its content shall be borne by the User.
3.3. The User acknowledges that the Hosting Provider operates the HUB in a non-profit form, as a music education and teaching assistance platform, a teaching aid to its core task, and as a networking platform for music educators around the world who employ Kodály's principles.
3.4. The User acknowledges that the use of the content available on the HUB for the purpose of generating direct or indirect income, or any other advantage, letting another person use the content, and further use of the content in material or non-material form (distribution or sale) is FORBIDDEN.
3.5. The User acknowledges that confidentiality cannot be ensured on the KODÁLY HUB interface regarding the content uploaded by the User. The User shall publish the content specifically for the purpose defined in Section 3.3., and the content shall become public domain upon publication. If the uploaded content is a business secret (protected information), its protected status will cease upon uploading it (by disclosure to the professional community concerned).
3.6. The User understands and agrees not to upload to the HUB game descriptions, choreography and translations that are considered intellectual works protected by copyright law, and the User is not their author (copyright holder). The User declares, and therefore maintains during the period of their registered status, that for any uploaded content item that is an intellectual product and the User is the exclusive (sole) holder of which, a third party does not have the right to obstruct or restrict the Hosting Provider's accrual of a right, and the use of the content under this GTC.
3.7. The User declares, and therefore maintains during the period of their registered status, that for any content the User is not the exclusive (sole) holder of which, the User has the right, assent, consent, and permission required under the law applicable to uploading that is necessary for uploading content to KODÁLY HUB and making it available for the Hosting Provider to publish it. The User declares, and therefore maintains during the period of their registered status, that for any uploaded content item that is an intellectual product, and the User is not the exclusive (sole) holder of which, a third party does not have the right to obstruct or restrict the Hosting Provider's accrual of a right, and the use of the content under this GTC.
- More particularly:
- 3.7.1. If the User uploads sheet music to the HUB they expressly agree and ensure that freely available, free of charge, open source music notation software is used for this purpose, and that the holder thereof approves of the publication for retrieval of the sheet music created with the open source music notation software.
- 3.7.2. The User declares that translations by the User of uploaded content not in the Hungarian language are regarded as rough translations, which do not benefit from copyright protection, and do not qualify as adaptations. The User declares that content uploaded to the HUB and published in a foreign language other than Hungarian is uploaded in the same language as the original.
- 3.7.3. The user declares and therefore warrants that they do not upload videos or other intellectual content that are subject to the exclusive rights of another person directly to the HUB, and only inserts a hyperlink to the video or intellectual product into the uploaded content.
- 3.7.4. The User agrees to display on the HUB the rights-management information necessary for lawful use, in particular the permissions and, in case of intellectual products, the identity of the creators (copyright holders), if they wish to exercise their right to display their name.
- 3.7.5. The User agrees and expressly declares that in case of uploading to the HUB any content created with the assistance of persons not having full legal capacity, in order to respect and to protect the rights of those persons, they have obtained the necessary approval under the law of the country where the content is uploaded.
3.8. The User acknowledges that the Hosting Provider is not in a position to and will not consider the existence of any necessary right, authorization, consent, approval or permission.
3.9. The Hosting Provider reserves the right to exclude any liability for any consequence resulting from the lack of authorization, consent or right that may be necessary for the use of the content. In the event of the User breaching any of their obligations in Sections 3.1 to 3.8 the User shall be solely responsible for any damage caused to the Hosting Provider or third parties and for other consequences of the infringement.
3.10. If the Hosting Provider becomes aware of the breach of obligations in Sections 3.1.-3.8. through a credible notification by the holder of the relevant right the Hosting Provider shall act in accordance with Paragraph 13 of Act CVIII of 2001 on certain issues of electronic commerce activities and information society services, regarding the content affected by the infringement. If the Hosting Provider fails to fulfil this obligation, they shall acknowledge that they may be subject to a decision compelling them to discontinue or prohibit the infringement, and may be obligated to make data identifying the offender available on the basis of the decision by the authority/court dealing with the infringement.
4. The User shall always respect all the provisions of this GTC, fully comply with them, and refrain from violating them in any way. Violation of the GTC may entail denying access to the HUB and unilateral cancellation of the registration.
5. The User agrees upon registration to indemnify and relieve the Hosting Provider of any claim, damage, liability, loss, responsibility, expense, debt, or costs (including, but not limited to, attorney's fees) that may arise from the breach of any provision of this GTC, or the violation of any rights of the Hosting Provider, or third parties. The compensation/indemnity obligation laid down here stays in force also after the GTC ceases to be in force, or when the HUB is no longer used.
VI. Date of Effect
1. The present GTC shall enter into force on 15 December 2018.
Budapest, 14 December 2018