Registration Terms

TERMS OF USE

1. GENERAL

• This user agreement („Agreement”) is a legal document that explains your rights and obligations in relation to the use of the services on the website dmaperk.com.
• All contractual relationships, services, deliveries, offers, orders, contents, intellectual property on the Website, related to the Website, or resulting from the use of the Website, shall be governed by this Agreement.
• By visiting the Website, you agree to be bound by this Agreement and accept the Privacy Policy. In case you do not agree to be bound by the terms and conditions of this Agreement or do not accept the Privacy Policy, then you may not access the Website or use any services.
• These conditions apply to the contract to the exclusion of any other terms that the user seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. The general terms and conditions of the user do not apply, regardless of whether or not the Provider expressly object to them in a particular case. The provider hereby rejects the applicability of the user’s general terms and conditions.
• The Provider reserves the right to unilaterally change the terms of the Agreement by publishing the amended terms on the Website. The changes will become effective and will be part of the contractual relationship with You, unless You object to this by giving notice in writing (e.g. email) within a period of 15 days following the publication of the changes.

2. DEFINITIONS:

• “Provider”: The Website is operated by the following entity: Name of the Provider: Battlesky Korlátolt Felelősségű Társaság; type of entity: limited liability company registered in Hungary, under Hungarian law; Address: Hungary, 1053 Budapest, Veres Pálné utca 14. II. em. 4. ajtó; Company Registration ID: 01-09-410351; VAT No.: 32175011-2-41; EU VAT No.: HU32175011; Email address: [email protected]. (More about contact check 11. Contact.)
• “Guest”: if you visit the Website without creating an account, you are a guest user.
• "Membership" registered users can access different forums on the Website and use the forum functions of the Website depending on the type of their Membership.
• “Free Member” a registered user of the Website with a valid user account.
• “Premium Member” a registered user who purchased Premium Membership, until the expiration of the Premium Membership.
• “Contents”: On the Website, you may obtain access to certain services, software and other content that are collectively referred to in this Agreement as "Contents".

3. SUBEJCT OF THE AGREEMENT

• The subject of the Agreement, the service provided by the Provider is the access to the Website, ie. the guest access and the Membership access.
• You understand that the Provider’s service is duly performed in case you can access the Website based on your type of access (Guest/Free Member/Premium Member), on an “AS IS” basis, irrespective of the characteristics (e.g.: quantity, quality, usability, etc.) of the Contents available on the Website and its forums. 
• The Provider does not guarantee anything regarding the Contents of the Website and its forums (e.g. in terms of quantity, quality, usability). The Provider is not liable for the Contents available on the Website. 
• The Provider reserves the right to discontinue the Website and its services in whole or in part at any time. Termination of the Website or its services in whole or in part results in the termination of the Agreement with respect to the related services. In such cases, the Provider shall not have any obligation to refund any fees paid for the discontinued services, nor shall Provider have any obligation to prorate any fees in such circumstances.
• You understand that lifetime Premium Membership means that you can access the respective service for the lifetime of the service, not for your lifetime!

4. REGISTRATION, YOUR ACCOUNT

• To use most features of the Website, you must become a Member, by registering a dmaperk.com forum account (“Account”). 
• You may not become a Member if you are under the age of 14.
• You must provide true, accurate and complete data when creating the Account.
• By completing the steps of the registration, you are making an offer to the Provider under this Agreement to give you access to the free services of the Website. 
• Approval of the registration may depend on the discretion of the Provider. Provider is not obliged to accept a registration and activate the Account.
• Your Account may also include billing information you provide to the Provider for transactions concerning Premium Memberships. You may not reveal, share or otherwise allow others to use your password or Account except as otherwise specifically authorized by the Provider. You are responsible for the confidentiality of your login and password and for the security of your computer system. The Provider is not responsible for the use of your password and Account or for all of the communication and activity on the Website that results from use of your login name and password by you, or by any person to whom you may have intentionally or by negligence disclosed your login and/or password in violation of this confidentiality provision. Unless it results from the Provider’s negligence or fault, the Provider is not responsible for the use of your Account by a person who fraudulently used your login and password without your permission. If you believe that the confidentiality of your login and/or password may have been compromised, you must notify the Provider without any delay.
• Your Account, including any information pertaining to it (e.g.: contact information, billing information, Account history and Memberships, etc.), is strictly personal. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account, nor may you sell, charge others for the right to use, or transfer any Membership.

5. PREMIUM MEMBERSHIP

• You can purchase Premium Membership to gain access to the private forums on the Website.
• You understand that in connection with the Premium Membership, the Provider only guarantees access to private forums on the Website on an “AS IS” basis, the Provider does not guarantee anything regarding the Contents of the forums (e.g. in terms of quantity, quality, usability). The Provider is not liable for the Contents available within the private section.
• By requesting a Premium Membership, you are making an offer to the Provider under this Agreement to give you Premium Membership, i.e.  access to the private forums of the Website. The order implies an obligation to pay.
• Acceptance of the request may depend on the discretion of the Provider. Provider is not obliged to accept your request and give you Premium Membership.
• In case the Provider accepted your order, you will receive an email confirmation to the email address indicated in your Account. Your access rights based on the Premium Membership will be activated immediately, however, our system may need some time for the changes to take effect properly.
  
  Payment, billing
   
• When you provide payment information to the Provider or to one of its payment processors, you represent to the Provider that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize the Provider to charge your credit card or to process your payment with the chosen third-party payment processor for any Premium Membership Fee, or other fees incurred by you.
• If your Premium Membership is subject to any type of use or sales tax, then the Provider may also charge you for those taxes, in addition to the Premium Membership or other fees published on the Website. All fees on the Website in the European Union and the United Kingdom include the EU or UK VAT ("VAT") tax. VAT amounts collected by the Provider reflect VAT due on the value of any Premium Membership.
• You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions, to order or purchase at pricing not applicable to your geography, or for any other purpose. If you do this, the Provider may terminate your access to your Account.
• You consent to receiving sales invoices electronically.
  
  Responsibility for Charges Associated With Your Account
   
• As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all orders or purchases made by you or anyone that uses your Account, including your family or friends. If you cancel your Account, the Provider reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before the Provider will allow you to register again.

5. CONDITIONS FOR THE USE OF THE WEBSITE AND THE CONTENTS

• Your information and your activities through our Website shall not: (a) be false, inaccurate or misleading; (b) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (c) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising); (d) be defamatory, trade libellous, unlawfully threatening or unlawfully harassing; (e) contain any viruses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or (f) create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers. 
• You may use the Website and any Contents (incl. software) obtained from the Website or other sources based on this Agreement only for personal, non-commercial purposes. This license ends upon termination of (a) this Agreement or (b) your Membership.
• YOU UNDERSTAND THAT THE USE OF THE CONTENTS AND SERVICES, AND SOFTWARE OBTAINED FROM THE WEBSITE MAY BE PROHIBITED BY LAW OR CONTRACTUAL PROVISION BINDING ON YOU. YOU DECLARE THAT YOU HAVE UNDERSTOOD THIS AND EXPRESSLY UNDERTAKE THAT YOU WILL NOT DOWNLOAD, STORE OR USE ANY CONTENT AND SERVICES, AND SOFTWARE OBTAINED FROM THE WEBSITE OR OTHER SOURCES BASED ON THIS AGREEMENT IN A WAY THAT VIOLATES THE LAW, CONTRACTUAL PROVISIONS BINDING ON YOU OR CAUSES DAMAGE TO YOU OR THIRD PARTIES. YOU, IN LIGHT OF THE ABOVE WARNING, DECLARE THAT YOU ARE FULLY RESPONSIBLE FOR BREACHING OF THE ABOVE OBLIGATION.
• YOU AGREE TO INDEMNIFY AND HOLD THE PROVIDER, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES HARMLESS FROM ANY CLAIM OR DEMAND (INCLUDING ATTORNEYS' FEES) MADE OR INCURRED BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY RELATING TO YOUR USE OF THE CONTENTS.
• If you use, or attempt to use the Contents obtained from the Website or other sources based on this Agreement for purposes other than entertainment use only, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of property or services of the Provider or any third party, your Account may be terminated and you may be subject to damages and other penalties, including criminal prosecution where available.
• You understand that this Agreement does not entitle you to future updates, new versions or other enhancements of the Website and the Contents you may have obtained based on this Agreement.
• You may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Contents accessed via the Website or other sources based on this Agreement, without the prior consent, in writing, of the Provider.

6. TERM, TERMINATION

• The term of this Agreement (the "Term") commences on the date you first indicate your acceptance of these terms, and will continue in effect until otherwise terminated in accordance with this Agreement.
• Termination by You:
  You may cancel your Account at any time, or you may cease use of your Membership at any time. Your cancellation of your Account will simultaneously delete the data belonging to the Account from the database.  Your cancellation of your Account, or your cessation of use of your Membership will not entitle you to any refund, including of any Premium Membership fees, nor shall Provider have any obligation to prorate any fees in such circumstances.
• Termination by Provider:
  Provider may restrict or cancel your Account or Membership at any time in the event that (a) Provider ceases providing the services related to the Website or the Membership, or (b) you breach any terms of this Agreement or our rules. In the event that your Account or Membership is restricted or terminated or cancelled by Provider for a violation of this Agreement or improper or illegal activity, no refund, including of any Premium Membership fees or of any unused funds, will be granted.

7. COMPLAINTS, RIGHT OF WITHDRAWAL

Complaints

• You can file your complaint at [email protected]. We will examine the complaint received by e-mail within 30 days, and we will notify you of the result by electronic mail, to the e-mail address provided during registration - or, if you have not registered, to the e-mail address used to send the complaint.
• You can file a complaint to the European Consumer Centre. Details of the Hungarian body: “Igazságügyi Minisztérium – Európai Fogyasztói Központ”; address: 1357 Budapest Pf. 2., phone: + 36 (1) 896-7747, e-mail: [email protected]).
  Dispute Resolution (for consumers)
• In case you are a consumer, you have the right to initiate dispute resolution procedure of the Budapest Conciliation Panel (Budapesti Békéltető Testület) address: 1016 Budapest, Krisztina körút 99. III. emelet 310, mailing address: 1253 Budapest, Pf.:10., phone: +36 (1) 488-2131, telefax: +36 (1) 488-2186, e-mail: [email protected]
• You can use the online dispute resolution platform developed and operated by the European Commission at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=HU
  Right of withdrawal (for consumers)
• If you are domiciled in a European Union member country or the United Kingdom of Great Britain and Northern Ireland, you have the right to withdraw from any purchase on the Website without giving any reason, within 14 days after the purchase. If you exercise your right of withdrawal within the deadline, we shall reimburse to you all payments received from you. (Legal information: https://europa.eu/youreurope/citizens/ consumers/shopping/guarantees-returns/index_en.htm)
• The statutory right of withdrawal is not applicable in case of contracts for the supply of digital content if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.
• By purchasing Premium Membership, you acknowledge and consent to the circumstance that we will immediately begin the performance of the services and you expressly acknowledge and consent to the circumstance that you will lose your right of withdrawal after the performance has begun.

8. WARRANTY, LIABILTY

• Warranty:
  Based on the applicable law (the Hungarian Civil Code), the Provider has warranty obligation in connection with the services provided for consideration (i.e. the Premium Membership). Warranty is therefore explicitly excluded in case of free services. 
  In connection with paid services, i.e. the Premium Membership, you have the following warranty rights, according to your choice: you can demand a proportional reduction of the service fee, or - as a last resort - you can withdraw from the contract. Withdrawal is not possible in case of an insignificant error. 
  The Provider makes the following reservations in connection with its warranty obligation: the Provider makes the expected efforts to ensure that the Website is generally available, however, it does not guarantee continuous, error-free, or secure operation and access to the Website or its functions, the Contents, your Account and/or any information available in connection therewith. Provider reserves the right to temporarily suspend access to and use of the Website in order to maintain it, in which case there will be no compensation and you will not be entitled to a refund for the duration of the outages necessary for the maintenance.
  Compatibility: the Website and the services can be accessed by electronic devices with web browser function, (e.g. computers, smartphones, tablets with Chrome, Safari, Firefox, Edge, Opera, etc)
• Liability:
  THE PROVIDER SHALL UNDER NO CIRCUMSTANCES WHATSOEVER BE LIABLE TO THE MEMBERS OR ANY USER OF THE WEBSITE FOR ANY LOSS OF PROFIT, OR ANY INDIRECT OR CONSEQUENTIAL LOSS ARISING UNDER OR IN CONNECTION WITH THE AGREEMENT; AND  
  THE PROVIDER’S TOTAL LIABILITY TO THE MEMBER OR ANY USER OF THE WEBSITE IN RESPECT OF ALL OTHER LOSSES ARISING UNDER OR IN CONNECTION WITH THE AGREEMENT SHALL IN NO CIRCUMSTANCES EXCEED THE PRICE PAID FOR THE SERVICES BY THE MEMBER AS WRITTEN IN THE ORDER ACKNOWLEDGEMENT.
  EXCEPT FOR THE WARRANTY PROVIDED HEREIN AND EXCEPT WHERE LIABILITY CANNOT BE LEGALLY EXCLUDED OR LIMITED, THERE SHALL BE NO LIABILITY ON THE PART OF THE PROVIDER FOR ANY GENERAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF ANY CONTENTS (INCL. SOFTWARE) OBTAINED FROM THE WEBSITE OR OTHER SOURCES UNDER THIS AGREEMENT.

9. MISCELLANEOUS PROVISIONS

• This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
• The parties agree that they shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement.
• If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Agreement.
• THE AGREEMENT SHALL BE GOVERNED BY THE LAWS OF HUNGARY.

10. OTHER ORGANIZATIONS
You agree to the following, if not agreed with, then leave our site immediately!

• I am not visiting this site to steal material (including Information, Snapshots/Screenshots and Source-Codes) to use against the Webmaster, Host service, Site Operator or Host or any person in any conceivable manner.

11. CONTACT

• If you have any questions or claims, or comments regarding this Terms of Use or Privacy Policy, please contact our staff on dmaperk.com