Terms and conditions
Terms and Conditions and Privacy Statement
1. Acceptance of Terms
Please read these Terms and Conditions and Privacy Statement (hereinafter referred to together as the “Terms”) before using the www.smartlovelocks.com website and/or the Smart LoveLocks Application (hereinafter referred to separately or together respectively as the “Site”).
By using the Site you agree to abide by these Terms. Please do not use the Site if you do not agree with these Terms.
The services that Online Content Ltd. provides to User is subject to the following Terms. Online Content Ltd. reserves the right to update the Terms at any time without notice to User. The most current version of the Terms can be reviewed by clicking on the Site.
Our Privacy Statement forms an inseparable part of these Terms. Provisions of the Privacy Statement shall prevail together and shall be read in conjunction with other provisions of the Terms.
User agrees to comply with all of the terms and conditions hereof. The right to use the Application and the Website Smart LoveLocks is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Terms. User shall be responsible for protecting the confidentiality of User's password(s), if any.
You represent that you are at least 14 years old and are not a person barred from receiving services under the laws of Hungary or any other applicable jurisdiction.
Online Content Ltd. shall have the right at any time to change or discontinue any aspect or feature of Smart LoveLocks including, but not limited to, content, hours of availability, and equipment needed for access or use.
The following terminology applies to the Terms: "Client", “User”, “You” and “Your” refers to you, the person accessing the Site and accepting the Company’s Terms. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
2. Changed Terms
Online Content Ltd. shall have the right at any time to change or modify the Terms or any other conditions applicable to User's use of the Website or the Application, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on [the Website or the Application of Smart LoveLocks or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the Website or the Application by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
It is therefore important that you review these Terms regularly to ensure you are updated as to any changes.
3. Description of Services
The Smart LoveLocks Application includes a service that provides the User with the possibility to create a personalized message on a virtual lock (“Smart LoveLock”) and have it displayed on an image of a location for the purposes of sending or displaying the image to friends or a loved one as well as storing it on the Site (the “Services”). The User is responsible for obtaining access to the Services, and that access may involve third party fees (such as Internet service provider or airtime charges).
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use oft he Website or Application of Smart LoveLocks and all charges related thereto.
When placing an order on the Site and paying through the payment processor, you are subject to a process on the Site that gathers personally identifying information. If there is a discrepancy during the payment process, your order may be delayed until it can be corrected. Please include all correspondence pertaining to your purchase when contacting us with questions.
The Client has the right to decide on the deletion of the Smart LoveLock from the Site at any time. In such case the Smart LoveLock shall be removed from the Site the latest 3 days from receiving the written request thereon. Please note that we however can not ensure that a third person has made a copy of your Smart LoveLock while it has been placed at the Site.
Should the Smart LoveLock created not be deleted by Client, we preserve and let the Smart LoveLock available for the Client as long as the Site operates.
During the purchasing process you will be able to provide images (photos, video etc.) and text for your Smart LoveLock. Those images and text that you provide are subject to the review by us before and after it is placed on our Site. Such images and text that are provided by you shall not be anything that is to be considered pornographic, offensive to the general public, offensive to ourselves, nor copyrighted to someone other than yourself. You take full responsibility for all information you provide to the Site for your Smart LoveLock and state that you have the right to use such information on our Site. We reserve the right to refuse your purchase, images and/or text for any reason we see fit, including but not limited to these terms. If we find that there is a violation of the Terms after your Smart LoveLock has been placed on the Site, we reserve the right to remove those items that are in violation without notice. For further details see “Compliance with Laws” below.
6. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, be considered pornographic or offensive to the general public, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
You are solely responsible for all content or materials that you post, submit to, or transmit through the Services. Please choose carefully the information you post on the Site. Your submitted lock may not include the following items: telephone numbers, street addresses, and any material containing obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Company assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact us on the Contact Us link.
When you submit materials or content to the Site you grant Company a perpetual, irrevocable, and fully sublicensable license to copy, use, display, distribute, sell, license, sublicense, reproduce, modify, adapt, publicly perform, publicly display such materials and content, and to incorporate such materials and content into other works in any format or medium known or latter developed, including, without limitation, the promotion and marketing of the Services, the operation of the Smart LoveLock systems, or the promotion, sale, or use of any other services of the Company.
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under the Hungarian copyright laws. Online Content Ltd. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Online Content Ltd. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
When you submit materials or content, you also automatically agree (or, to the extent you do not own all rights to such materials or content, you represent and warrant that the owner of the content or materials has expressly agreed) that, without any particular time limit and without the payment of any fees, Company and anyone it permits may reproduce, display, distribute, and create new or derivative works of authorship based on and including the content or materials. You may not submit content or materials that are protected by or subject to the patents, trademarks, copyrights, trade secrets, trade dress, or other proprietary rights of anyone other than yourself.
By submitting any materials on the Site you expressly declare and warrant that the person included in such material is aware of you submitting the material and has given consent thereto. This warranty especially refers to the use of this person’s image and personal data. It is your responsibility to make such person acquainted with the relevant provisions of the present Terms.
Company reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including without limitation, removing the offending communication from the Site.
You will indemnify, defend and hold harmless Company and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney’s fees) incurred by any of them that arise out of or are related to (a) the content or materials that you post, submit, transmit, or make available through the Services, (b) your use of the Services, (c) your connection to the Services, (d) your breach or violation of the Terms, or (e) your violation of any rights of another.
The Services are for the personal use only and may not be used in connection with any commercial endeavors. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.
The foregoing provisions of Section 5 are for the benefit of Online Content Ltd., its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Because of the instant and digital nature of Smart LoveLocks all sales are final. We do not accept returns.
Please note that once you have purchased the Smart LoveLock it’s price will not be reimbursed to you should you decide not to or otherwise miss to finalize your Smart LoveLock. Neither does the Company reimburse the price of or undertake any responsibility concerning Smart LoveLocks which are unsendable or are sent to a wrong address, because of User providing a false or incorrect mail address.
8. Member Account, Password and Security
If any of the Services requires User to open an account, User must complete the registration process by providing Online Content Ltd. with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Online Content Ltd. immediately of any unauthorized use of User’s account or any other breach of security. Online Content Ltd. will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Online Content Ltd. or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.
9. Disclaimer of Warranties, Exclusions and Limitations
The Company is not responsible for any incorrect or inaccurate content posted on the Site or in connection with the Services, whether caused by users of the Services or by any of the equipment or programming associated with or utilized in the Services. Company is not responsible for the conduct, whether online or offline, of any user of the Services. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communication. Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Company be responsible for any loss or damage resulting from use of the Services, or from the conduct of any users of the Services, whether online or offline. The Services are provided “as is“ and as available and Company expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Company cannot guarantee and does not promise any specific results from use of the Services.
In no event shall the Company be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the Services, even if the Company has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Company’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Company for the Services.
The above exclusions and limitations apply only to the extent permitted by law.
Client agrees to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers or employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Client's use of Service, the violation of these Terms, or infringement by Client, or other user of the Service using Client’s computer or phone, of any intellectual property or any other right of any person or entity.
11. Modifications and Interruption to Service
User acknowledges and accepts that we do not guarantee continuous, uninterrupted or secure access to the Site, unless otherwise noted. Plus the operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control. See “Disclaimer of Warranties” above.
12. Third-Party Sites
The links on the Site may let you leave the Smart LoveLocks`s Site. The linked sites are not under the control of Online Content Ltd. and Online Content Ltd. is not responsible fort he contents of any linked site or any link contained in a linked site or any changes or updates to such sites. Online Content Ltd. is not responsible for webcasting or any other form of transmisson received from any linked Site. Online Content Ltd. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Online Content Ltd. of the site.
13. Copyright and Trademark Information
All content included or available on the Site, including Site design, text, graphics, interfaces, and the selection and arrangements is protected by intellectual property rights. Any use of materials on the Site, including reproduction for purposes other than those noted herein, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission from Company is strictly prohibited.
Smart LoveLocks and related logos are trademarks of Online Content Ltd. All rights reserved. All other trademarks appearing on Smart LoveLocks are the property of their respective owners. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Our trademarks may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us or the Site.
All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those venues or trademarks.
14. Governing Law and Jurisdiction
Our company is operated and provided in Hungary. As such, we are subject to the laws of Hungary, and such laws will govern this Terms, without giving effect to any choice of law rules. We make no representation that our Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the laws of Hungary. Ie. the laws of Hungary govern these Terms. By accessing the Site and using our Services you consent to these terms and conditions and to the exclusive jurisdiction of the Hungarian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms or any part thereof, or the right thereafter to enforce each and every provision.
15. Privacy Statement
We are committed to protecting your privacy. We constantly review our systems and data to ensure the best possible service to our Users. Your data is collected, processed and stored according to applicable data protection and privacy laws. The Online Content Ltd. is responsible as data controller for the processing of your personal data on the Sites under Hungarian data protection law to the extent applicable.
You are entitled to ask us anytime for information about what type of personal data about you has been collected online and stored with us or with third parties processing online data on our behalf. You may also ask us to have your data rectified or deleted as required by applicable data protection law. For more information please contact us using details under ‘Contact Us’.
You are aware that by creating a Smart LoveLock and placing it on the Site the Smart LoveLock and its content becomes available to all public. You accept and acknowledge the fact that as a consequence any third party may be able to access, make copy of or otherwise make use of such content. Due to the nature of the Site we under no circumstances take responsibility for the consequences of such use.
There are 2 types of information that we can learn about you as you browse and use the Site. Each type of information can be used in a different way.
- Internet-related Information — generic statistical and demographic information that we gather passively from visitors to the Site.
- Personal Information that you provide when registering, ordering online, entering a promotion or making contact with us.
Internet-Related Information Gathered Passively
We collect Internet-related Information from visitors to our Site, including the referring URL, your IP address, which browser you used to come to the Site, the country, state or province, the pages of our Site that you viewed during your visit and any search terms entered on our Site, for the purposes of system administration, to gather broad demographic information, and to monitor the level of activity on our Site. We track customers' traffic patterns throughout their online sessions, including which pages or specific URLs a customer views while using the Site. We use your Internet-related Information to diagnose problems with our servers and software and to administer our Site. We may share aggregated statistics about pages viewed on our Site, demographic information and sales and other shopping information with third parties to enrich your visitor experience.
Actively Collected Personal Information You Provide
If you provide information about yourself by registering on the Site, ordering a Service, filling out a survey, entering a promotion or otherwise voluntarily telling us about yourself or your activities, we will collect and use that Personal Information to respond to your request, and for other business purposes, including identifying consumer preferences and improving our products and services and the content of this Site. We may also contact you by email, regular mail, fax, text message, or telephone from time to time with information about our new products and services, special offers, upcoming events and changes to the Site. If you do not wish to be contacted by all or any of these methods, you may let us know by sending an email message to us at the address indicated at ‘Contact Us’.
Please note that Your GPS coordinates (ie. GPS signals of the equipment used by You) will be used to track Your location while using the Site. You may chose that your location is only tracked while using the Site and not while being offline. These data on your location will not be forwarded to any third parties. You may withdraw or change settings of your consent by removing and redownloading the Application.
You provide us with your express consent that we may share your Personal Information with our affiliates and business partners with whom we have joint marketing arrangements. If you do not want us to share your Personal Information with our marketing affiliates and business partners, then please let us know by contacting us at the e-mail address at ‘Contact Us’.
The creator of the Lovelocks (the user) gives his or her consent to the owner of the SLL Point to use the content of the Lovelocks (name, text, photos, video) on it’s own website and/or social media websites publicly.
We employ other companies to perform certain functions on our behalf, such as fulfilling orders, delivering services related to the design, maintenance and improvement of the Site and our database and related systems. These companies may have access to your information.
We have arranged with the payment to use SSL encryption of your credit card information. You may access their sites and privacy policies to read more about the security measures they employ. Regardless of whether you have provided us with consent, we will share your information with those companies that perform certain functions on our behalf under contract to us, and as may be necessary to comply with applicable laws, police investigations, or in legal proceedings where disclosure of such information is relevant and permitted by law. Company will also assign, sell, license, or otherwise transfer to a third party your name, address, e-mail address, member name and any other Personal Information in connection with an assignment, sale, joint venture, or other transfer or disposition of a portion or all of the Services, or the assets, business or stock of the Company.
Our company is allowed to use the text, video, photo and audio message uploaded by the user for public purposes in any form without space and time restrictions.
By accepting the terms of conditions the user accepts that the created locks can be shown on public places such as: street, led wall, advertising board, poster, flyer, television, advertising space (common display with various advertising spots).
16. Data storage and transfer outside your country
Your personal data will be transferred to and processed in locations outside the country in which you are viewing the Site (the “User Country”). Any data or material sent or uploaded by you will be accessible in countries outside the User Country. If your User Country is within the European Economic Area (“EEA”) or is Hungary or another country providing an adequate level of data protection, please note that your personal data may also be accessible and processed in countries with a lower level of data protection. In these situations we will ensure (by entering into a written agreement or otherwise) that an adequate level of data protection is maintained by the recipients of your data in accordance with applicable data protection law.
If you need information or have any questions or concerns about this Terms and Conditions and/or Privacy Statement or our use of your Personal Information, or wish to review all of your Personal Information, you may contact us using the information below:
Online Content Ltd.
H-1116 Budapest, Temesvár utca 20