Terms of Registration

1. Scope of Agreement

This agreement (“Agreement”) is entered into by and between you and ISC Webdesign & Consulting, owner Gerwin Beran, A-1010 Vienna, Stadiongasse 5/15 (“hungaroo“). It sets forth the terms and conditions for the incorporation of links (“Links”) into the directories and/or the underlying database run by and at hungaroo.com (“Website“).

Back to top

2. Subject of Agreement

hungaroo provides the users of this Website with a search engine in form of a directory with search options (“Search Engine“) which is available free of charge until revoked. The links to Hungarian websites and websites relating to or containing information about Hungary are displayed in categories. Links are on the one hand incorporated by external editors, and on the other hand added by direct submission through website owners. This Agreement regulates the incorporation of links into the directory via direct submission.

Back to top

3. Directory Registration

You are free to apply for registration (“Application“) of your website into the database and thus into the Search Engine free of charge via an online form. Your Application must contain your contact information (full name, postal address, email address) as well as a title (“Title“) and a short description of your website (“Description“) in at least one language. The information provided by you must be truthful and correspond to the registration principles. hungaroo records the time of your Application and your IP address. With the submission of your Application you confirm that you are the owner of the registered website or authorised by the owner to register.

hungaroo reserves the right to refuse your Application without stating reasons. An Application is accepted by incorporating the link into the database. A separate notification is not required. hungaroo does not check the Title, Description or retrieved contents of the link.

Back to top

4. Title, Description of Links

Title and Description have to be in accordance with the registration principles as stated in the guidelines. They must give an objective and truthful idea of the content of the website. Advertising texts are prohibited. Furthermore, with regard to Title and Description you have to take into account – irrespective of the registration guidelines – that you act on your own responsibility and must comply with the applicable legal regulations as well as acknowledge third-party rights, in particular the right of intellectual property and competition law. hungaroo is not obliged to examine your Title and Description for lawfulness.

You grant hungaroo the irrevocable and royalty-free, perpetual, unrestricted and worldwide right to use, utilise and adapt the Title and Description posted by you in any way known and in any way that will be known in the future and to hand them on to third parties, who may use, utilise and adapt the Title and Description in the same unrestricted and royalty-free way as hungaroo. hungaroo furthermore reserves the right to partially or entirely remove your Title and Description at any time and without stating reasons.

Back to top

5. Liability

You bear the sole responsibility that the Title and Description as well as the retrieved content of your registered link do not violate the law and the rights of third parties and that they are in accordance with the registration guidelines. You thus agree to indemnify and hold hungaroo harmless from and against any and all related third-party claims (including fines and penalties as well as costs of legal representation arising from legal or official measures). This also holds true for third-party claims relating to the lawful use by hungaroo or by third parties of the Title and Description you have provided.

Back to top

6. Evaluation and Comment Function

hungaroo grants the users of the Search Engine the option to evaluate or comment on the links listed (“Evaluation Systems“). By submitting your Application you expressly agree to the Evaluation Systems. You are aware that within such systems also subjective opinions are voiced and hungaroo does not have a bearing on the contents posted by third parties. hungaroo reserves the right to remove comments and evaluations at any time without stating reasons and to discontinue the Evaluation Systems in part or entirely. This holds true particularly for, but is not limited to, cases of suspected rights infringement or evaluation spam. However, you are not entitled to demand that hungaroo remove a comment unless a legally binding decision against the person who posted the comment or a respective judicial settlement signed by the poster is sent to hungaroo by registered mail. A demand for exertion of influence on the Evaluation Systems in any form is inadmissible.

Any and all claims, including injunctive relief, against hungaroo arising from unlawful comments of third parties are inadmissible unless hungaroo does not remove such contents posted by third parties despite a legally binding decision against the person who posted the comment or a respective judicial settlement signed by the poster. You must make such claims directly against the respective user. hungaroo will provide the name and email address of the user he or she provided when registering if you can provide evidence of an infringement of rights, your legal interest in the prosecution thereof and the necessity of receiving the information on the respective third party to take legal action. The request for information along with all necessary documents must be sent to hungaroo by registered mail. hungaroo does not assume liability for the reliability and timeliness of the transmitted information. You agree to indemnify and hold hungaroo harmless from and against any and all third-party claims arising from an unauthorised request for information on your part.

Back to top

7. Removal of Link, Listing

The acceptance of your Application does not grant you the right of permanent listing of your website in one or more categories and search results. hungaroo reserves the right to remove your link, temporarily or permanently and at its sole discretion, from one or all categories.

Furthermore, you cannot request that your link be listed in a certain category. hungaroo decides at its sole discretion whether and in which category the link is listed. Neither do you have a right to demand a certain position in the listing or the search result. The position results from a secret algorithm which is based on various technical parameters and on the number of users who visited the website, the users’ evaluation of the website as well as on the search parameters of the user. In particular, you are not entitled to demand disclosure of the search algorithm, which constitutes an integral business secret of hungaroo. hungaroo reserves the right to highlight or move up links in the listing based on separately concluded agreements, irrespective of relevancy.

Back to top

8. Severability

In the event that any or more of the provisions contained in this Agreement is, for any reason, held to be unenforceable or invalid, it will not affect the validity or enforceability of the remaining provisions and the unenforceable or invalid provision will be replaced by an enforceable provision which is closest to the intention of the underlying provision.

Back to top

9. Choice of Law and Court of Jurisdiction

Any legal dispute arising from the use of the Website shall be governed exclusively by Austrian substantive law, without giving effect to any principles of conflicts of law.

All disputes directly or indirectly relating to or in connection with the use of the Website, including the question of the applicability of the terms and conditions, shall be governed exclusively by the Austrian court having jurisdiction ratione loci and ratione materiae for 1010 Vienna, Austria. This Agreement only applies to consumers as set out in the Austrian law on consumer protection if they have neither their residence nor their habitual abode in Austria and if they do not work in Austria.

The original version (German) takes precedence over the English translation.