Terms and conditions

Letsmer Kft. (“Letsmer,” “we,” “us,” or “our”) provides letsmer.com (the “Site”) and other related sites and online services, to users (each, “you” or “your”) subject to these Website Terms of Service (the “Terms”). You are also subject to any posted guidelines, rules, or terms of use applicable to the Services, which may be updated from time to time (“Service-Specific Terms”). In the event the Service-Specific Terms conflict with these Terms, those Service-Specific Terms shall govern for the particular Service.

By accessing the Site or Services, you agree to comply with and be bound by these Terms and all applicable Service-Specific Terms. Please read these Terms carefully, the most current version of which is available at https://letsmer.com/tac.html

PROHIBITED USE OR CONTENT

You may not use, or encourage, promote, facilitate or instruct others to use, the Site and Services for any illegal, unlawful, harmful, or offensive use, or to create, transmit, store, display, or distribute or otherwise make available content that is illegal, unlawful, harmful, or offensive. Examples of prohibited activities and content include: illegal activities- including advertising, transmitting, or otherwise making available gambling sites or services or storing, disseminating, promoting, or facilitating child pornography. Harmful or fraudulent activities- including activities that may be harmful to others or to Letsmer’s operations or reputation, such as offering or disseminating speculative or fraudulent goods, services, schemes, or promotions, engaging in any deceptive practices, or engaging in practices that pose or create a privacy or security risk to any person. Infringing content- any use of content other than as authorized or in a manner that misappropriates the intellectual property or proprietary rights of others. Offensive content- including content in any format that is defamatory, obscene, abusive, invasive of privacy, pornographic, gratuitously violent, or otherwise objectionable within the context and intended use of the Sites and Services. Harmful content- including any content or technology, such as viruses, Trojan horses, worms, time bombs, and cancelbots, that may damage, interfere with, modify, intercept, or expropriate any system, program, or data. Unsolicited or unlawful mailings- including transmitting or distributing “junk mail,” “chain letters,” “SPAM,” or other forms of unsolicited mail or instant messages or attempting to solicit personal information from anyone under the age of 18. Content that discloses personal data- including any content, in any format, comments; uploaded to the Letsmer, or any other sharing of content using the Site or Services that discloses the identifying information of others.

SECURITY VIOLATIONS

You may not use the Site or Services to violate the security or integrity of any network, computer or computing device, communications system, or application (each, a “System”). Prohibited activities include unauthorized access or use of any System, including the Site and Services, such as attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System. You may not disrupt the Site or Services or any function of the Site or Services, interfere with another user’s enjoyment of the Site or Services, or use the Site or Services for fraudulent or deceptive purposes. Examples of security violations under these Terms include but are not limited to:

• (1) forging any TCP/IP packet header or any part of the header information in any posting, or in any way using the Site or Services to send altered, deceptive, or false source-identifying information;
• (2) using viruses, bots, worms, or any other malicious computer code, files, or programs that interrupt, destroy, or limit the functionality of any System or otherwise permit the unauthorized use of or access to a System;
• (3) interfering with the access of any user, host, or network to the Site or Services;
• (4) making any automated use of a System, such as, but not limited to, using scripts to send images or videos;
• (5) interfering with, disrupting, or creating an undue burden on the Site or Services, including any networks or services connected to the Site or Services;
• (6) impersonating or attempting to impersonate or otherwise attribute content to or misrepresenting your affiliation with another user, person, or entity, including through pretexting or any other form of social engineering;
• (7) selling or otherwise transferring your profile;
• (8) using the Site or Services to harass, abuse, or harm another person or entity;
• (9) collecting, using, or storing personal data about another user without his or her express consent, including usernames, passwords, and email addresses of users by electronic or other means for any purpose;
• (10) scraping the Site or Services using crawlers, bots, or other automated mechanisms; or
• (11) using the Site or Services in a manner that violates any laws or regulations.

We reserve the right, at our sole discretion, to investigate any violation of these Terms or misuse of the Site or Services and may remove, disable your access to, or modify any content on the Site or Services that violates the Terms, applicable law or regulation, or fails to comply with any other agreement between you and Letsmer.

Letsmer may report any activity that we suspect violates any law or regulation to law enforcement, regulators, or appropriate third parties, including, but not limited to, for the purposes of enforcing Letsmer’s legal rights and remedies. Our reporting may disclose relevant information about you and your use of the Site or Services, including network and systems information pertaining to illegal conduct or an alleged violation of these Terms.

USAGE DATA

In order to administer the Site and Services, including to ensure compliance with these Terms and any Service-Specific Terms, to provide support, and to improve functionality, Letsmer collects data about your use of the Site and Services. Usage data includes how and when you use the Site and Services; your use of posted content, including downloads; the details of any support tickets or questions you submit; and any data you upload or link within the Site or Services, including photos, social media accounts, username, title, and employer. To the extent usage data includes any individually identifying information, Letsmer and its third-party service providers shall treat such data in accordance with Letsmer’s published Privacy Policy. The most current version of the Privacy Policy is accessible at https://letsmer.com/privacy.html

ELECTRONIC COMMUNICATIONS

We will communicate with you by e-mail or by posting notices or updated Terms on the Site or as part of the Services. You agree that all agreements, notices, disclosures and other communications that Letsmer provides to you electronically satisfy any legal requirement that such communications be in writing.

LETSMER TRADEMARKS

“Letsmer,” and other Letsmer graphics, logos, page headers, button icons and scripts are trademarks, registered trademarks, or trade dress of Letsmer in the European Union and/or other countries. Letsmer’s trademarks and trade dress may not be used in connection with any product or service except as expressly authorized by Letsmer, and may not be used in any manner that is likely to cause confusion among customers or otherwise in the marketplace, or in any manner that disparages or discredits Letsmer. All other trademarks not owned by Letsmer that appear on the Site and Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Letsmer.

YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your Letsmer account credentials and restricting any access to your account. You agree not to share your account credentials or to otherwise allow anyone to access your account and to accept responsibility for all activities that occur using your Letsmer account.

Letsmer reserves the right, in its sole discretion, to refuse service, terminate accounts, or to remove or edit content posted to the Site or Services. You understand and agree that Letsmer may remove any prohibited content and/or terminate your use of the Site or Services without prior notice to you.

SITE AVAILABILITY

Letsmer will make commercially reasonable efforts to make the Site and Services available.

COPYRIGHT INFRINGEMENT

If you believe that work belonging to you has been made available on the Site or Services without your permission, please notify Letsmer in writing to:

• By mail: Letsmer Kft., H-1125 Budapest, Istenhegyi út 101/D.
• By email: info (at) letsmer.com

In accordance with the Digital Millennium Copyright Act (DMCA), your written notification must include:

• Your physical or electronic signature, or that of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on a single site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or the subject of infringing activity and for which removal or disabled access is requested, together with information reasonably sufficient to permit Letsmer to locate the material;
• Information reasonably sufficient to permit Letsmer to contact you or the complaining party, such as an address, telephone number, and, if available, an email address, at which you or the complaining party may be contacted;
• A statement that you or the complaining party has a good faith belief that use of the material in the manner described in the notification is not authorized by you or the copyright owner, its agent, or the law; and
• A statement that the information provided in the notification is accurate and, under penalty of perjury, that you or the complaining party is authorized to act as or on behalf of the owner of an exclusive right that is allegedly infringed.

INTELLECTUAL PROPERTY

You are not provided any rights to any intellectual property made part of or accessible to you through use of the Site or Services. All rights not expressly granted under these Terms are reserved by Letsmer and its partners and third-party service providers.

With respect to any specific combination of tools you utilize through the Letsmer and publish to the Site or Services, you agree and grant Letsmer and any user of the Site or Services a perpetual, irrevocable, worldwide, non-exclusive, non-assignable, royalty-free license (with the right to sublicense) to copy, distribute, publicly display (e.g., post elsewhere), reproduce and create derivative works of, whether in print or any kind of electronic version that exists now or later developed, for any purpose, including a commercial purpose.

With respect to any content published by you to the Site and/or Services, you hereby grant Letsmer a worldwide, perpetual, irrevocable, non-exclusive, non-assignable, royalty-free license to sublicense to any user to whom you have provided access to such content, the right to use, run, or view, as applicable, including the use of your data to create output or results.

When you publish, upload, submit, store, send, or receive content to or through the Site and Services, you give Letsmer (and our partners and third-party service providers) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations, or other changes we make so that your content works better with the Services), communicate, publish, publicly perform, publicly display, and distribute such content. This license continues even if you stop using the Site and/or Services.

You warrant that the content, that you make available on the Site or Services shall not infringe the rights of others. You, and not Letsmer, are solely responsible for any violation of any intellectual property rights in the content that you upload or otherwise make available on the Site or Services.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY CONTENT) IS AT YOUR OWN RISK. THE SITE, SERVICES, DATA, INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE AND SERVICES, ARE PROVIDED BY LETSMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LETSMER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, REASONABLE CARE OR WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, AND/OR LACK OF VIRUSES, ALL WITH REGARD TO THE SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT OR WORKFLOWS. FURTHER, LETSMER MAKES NO WARRANTY THAT CONTENT OR WORKFLOWS PUBLISHED TO THE SERVICES WILL OPERATE PROPERLY AS INTEGRATED WITH YOUR WORKFLOWS OR PROVIDE ANY PARTICULAR RESULTS. LETSMER DOES NOT WARRANT THAT THE SITE, SERVICES, DATA, INFORMATION, CONTENT, OR MATERIALS MADE AVAILABLE TO YOU THROUGH THE SITE AND SERVICES, LETSMER’S SERVERS, OR E-MAIL SENT FROM LETSMER ARE FREE OF VIRUSES OR OTHER HARMFUL CODE.

LETSMER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL HAVE NO LIABILITY (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES) FOR ANY CONTENT PUBLISHED BY ANY PARTY ON THE SITE OR SERVICES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LETSMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) USE OR INABILITY TO USE THE SITE OR SERVICES; (ii) COST OF PROCURING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY CONTENT, DATA, INFORMATION, OR SERVICES OBTAINED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO, FROM, OR AS A RESULT OF THE SITE OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SITE AND SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL LEGAL RIGHTS.

INDEMNIFICATION

You shall indemnify, defend, and hold Letsmer, its licensors, and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that your use of the Site or Services in breach of these Terms has caused harm to a third party; or (ii) a claim arising from your access or use of any content on the Site or Services; or (iii) your violation or alleged violation of any third party intellectual property rights.

APPLICABLE LAW AND JURISDICTION

You agree that the laws of the country of Hungary (EU), without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that may arise between you and Letsmer. You agree to exclusive jurisdiction of Hungary courts, Budapest, for resolution of any dispute related to these Terms.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Your access to or use of the Site or Services is governed by the Terms, any Services-Specific Terms, and all policies and guidelines published on the Site and as part of the Services. We reserve the right to make changes to the Site, Services, Services-Specific Terms, published policies and guidelines, and these Terms at any time. If any provision of these Terms is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.