1. General Provisions
Zvijezda plus d.o.o., Zagreb, Marijana Čavića 1 (hereinafter referred to as: “Zvijezda”) offers an interactive online service on the following domains: www.zvijezda.hr, www.zvijezda.ba, www.zvijezda.si, www.zvijezda.eu, www.slastistika.hr, www.olistira.com.hr, www.sirspin.hr.
The service consists of providing information services and managing content. The term “Website” in these Terms and Conditions of Use shall mean all web pages within the www.zvijezda.hr domain and other listed domains. These Terms and Conditions of Use lay down the conditions and rules relating to the use of the Website by End Users.
By using and accessing this Website (except in the case of a first reading of these Terms and Conditions), End Users declare that they have read and understood these Terms and Conditions of Use, that they are familiar with the conditions and rules laid down herein, and that they agree to use the Website accordingly.
The right to use the Website is not transferable to other natural persons or legal entities. The End User is personally responsible for the protection of the confidentiality of passwords where they exist.
The End User is familiar with the fact that there may be occasional interruptions, unavailability and/or deactivation of services (routine maintenance), events of force majeure, and that Zvijezda shall not be liable for any loss of data that may occur in the course of data transfer on the Internet. The End User agrees and accepts that access to the Website may be interrupted, temporarily unavailable or deactivated due to the above reasons.
The information on this Website may contain technical inaccuracies or typographical errors. Zvijezda neither represents nor warrants, expressly or tacitly, that the contents of the Website and/or related web pages is complete or up to date; that the Website and/or related web pages will always be available, and that it will not cause damage to users, registered users or third parties. Each user and registered user expressly accepts the use of this Website at his own responsibility, and shall bear exclusively any costs connected with the maintenance or repair of the computer equipment. Any warranty given on this Website refers exclusively to the products or services offered by Zvijezda.
Zvijezda reserves the right to change or remove the Website at any moment, including, but not limited to, its contents, period of availability as well as the equipment necessary to access or use the Website. Zvijezda shall be authorised to cease publishing any part/type of information, and change or discontinue any method of data transfer, may change the data transfer speed as well as any other characteristics of the data. The information may be changed without prior notification. Zvijezda may also improve and/or change the products and/or programs described in that information at any time without any prior notice. If the User does not accept the Terms and Conditions of Use, he shall refrain from the use of the Website.
Zvijezda reserves the right to revise the Terms and Conditions of Use at any moment, as well as revoke access to the Website without prior notice.
2. Changes to the Terms and Conditions of Use
Zvijezda reserves the right to withdraw or change any of the Terms and Conditions of Use and/or the Confidentiality Declaration at any moment if it deems necessary. Any change or withdrawal of the Terms and Conditions of Use shall become effective immediately upon publication on the Website. Any use of the Website by the End User following such a notification shall be construed as acceptance of those changes.
The User undertakes to re-read the Terms and Conditions of Use from time to time in order to familiarise himself with any changes. If the User uses the Website following a change to the Terms and Conditions of Use, it shall be presumed that he has familiarised himself with the changes, that he understands them and fully accepts them. We exclude the liability for any damage caused to users, registered users or third parties due to those changes.
3. Computer equipment
The End User is exclusively and solely responsible for the procurement, use and maintenance of his own computer equipment, including but, not limited to, the entire software and hardware that he possesses and uses as well as any other equipment necessary to access and use the Zvijezda Website, including all related costs. Zvijezda shall not be liable for any damage to the End User’s equipment that may arise as a consequence of the use of the Website.
4. End User’s behaviour
This Website as well as any other website connected via external links to the Website are the private property of Zvijezda.
All mutual interaction using this Website must comply with the Terms and Conditions of Use, and users are required to comply with the valid regulations of the Republic of Croatia in connection with the use of this Website.
It is forbidden to publish, use, transfer, send and exchange materials and content infringing or jeopardising privacy, which are vulgar or otherwise undesirable in normal communication, which infringe on the rights of others, particularly materials and content that are by their very nature illegal, jeopardising, offensive, defamatory, which violate the valid regulations of the Republic of Croatia, particularly those that are illegal, false, misleading, offensive, defamatory, vulgar, obscene, threatening, disturbing, racist or chauvinistic, which violate the intellectual property rights of third parties, which disclose personal data without authorisation or which violate personality rights of third parties or other users as well as other inappropriate content and content that may harm Zvijezda and its affiliates, other users or third parties, including, but not limited to, content inciting behaviour that is illegal, subject to civic responsibility or otherwise violating any regulation, and which, without the express prior written approval by Zvijezda, contains advertising or offers of anyone’s products and services. The End User may not use this Website for advertising or any commercial, religious, political or non-commercial promotion, including inviting the users of this Website to become members in another online or offline service which is a direct or indirect competitor or potential competitor to Zvijezda.
Any behaviour by the End User which limits or prevents any other end user in the use of the Website, at the discretion of Zvijezda, is strictly forbidden.
5. Intellectual property
This Website contains materials protected by copyright, trademark design as well as other information covered by other rights of natural persons or legal entities, including, but not limited to, texts, software, photographs, video material, graphics, music, sound and the entire Website content, in accordance with the laws of the Republic of Croatia. All materials (texts, photographs, images, drawings, audio and video materials, etc.), product and service trademarks, logos, and other content found on the Website are the exclusive right of Zvijezda or are used with the express approval of the copyright holder and holder of the copyright / design right. Zvijezda is a registered trademark of the Zvijezda company, therefore all rights connected with this trademark are expressly reserved. Unless stated otherwise, all other trademarks appearing on the system are the intellectual property of their holders. Zvijezda is the holder of the intellectual property rights in relation to the selection, coordination, publishing and promotion of such content, as well as the rights related to the original content.
ANY COPYING, DISTRIBUTION, TRANSFER, PUBLICATION, REPRODUCTION, MODIFICATION, REVISION, LINKING, DEEP-LINKING, DERIVATION OR ANY OTHER CHANGE OF THIS WEBSITE IS STRICTLY FORBIDDEN WITHOUT THE EXPRESS WRITTEN APPROVAL BY ZVIJEZDA! Any violation hereof that may result in an infringement of copyright, trademark or any other intellectual property right may lead to civil action, commercial proceedings and/or criminal and/or misdemeanour prosecution against the perpetrator. Any copying, redistribution, repeated transfer, issue or commercial exploitation of downloaded materials without the express written approval by Zvijezda and copyright holder are forbidden.
The End User may download, print and save copyrighted materials only for his own use. The use and printing of materials from the Website is permitted only for information-provision and personal, non-commercial purpose of the user.
The End User undertakes to refrain from setting up, publishing or otherwise making available on this Website any materials subject to a copyright, trademark or other intellectual property right without the express approval by the holder of those rights. The End User shall be solely and exclusively responsible for any damage that may arise from copyright infringement, trademark abuse or other infringement of intellectual property rights or any issues arising from the publication of such materials.
Zvijezda shall not be responsible for informing the End User or assisting him in the determination of whether any given materials are subject to copyright.
By uploading materials to any of the publicly available parts of the Website, the End User warrants under criminal and material responsibility that he holds the rights to those materials, and grants exclusively to the Zvijezda company a free-of-charge, permanent, irrevocable and non-exclusive right of use, publication, copying, reproduction, modification, adaptation, translation and/or distribution of those materials (fully or in part) across the world for an indeterminate period of time. The End User also grants other end users the right to access, view, save or reproduce those materials for their own use.
The provisions of this Chapter apply equally to the Zvijezda company and its subsidiaries, affiliates and third-party service providers and licenced companies, and each one of them may act according to those provisions directly and on its own behalf.
6. Licenses and Trademarks
By publishing or on via the Website, the End User grants to the Zvijezda company a free-of-charge, spatially unlimited and indefinite licence for the use, reproduction, modification, publication, adaptation, translation, distribution, implementation and display of that communication, independently or as a part of a larger whole, in any form, on any medium or by means of any technology, whether already known or developed at a later time, as well as sharing of those rights with multiple licence users.
By using or accessing this Website, the User does not gain, expressly or tacitly, any licence or right to use a trademark, patent, design, copyright or other right belonging to the Zvijezda company and/or third party. Users and registered users shall bear their own responsibility for compliance with copyright and other intellectual property rights in connection with that content.
7. Declaration on warranty and limitation of liability
THE END USER EXPRESSLY AGREES THAT THE USE OF THIS WEBSITE IS THE EXCLUSIVE RESPONSIBILITY OF THE END USER. THE ZVIJEZDA COMPANY, ITS SUBSIDIARIES, PARENT COMPANIES OR THEIR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENCED COMPANIES DO NOT WARRANT THAT THE USE OF THIS WEBSITE WILL NOT BE INTERRUPTED OR THAT IT WIL BE ERROR-FREE; NEITHER DO THEIR WARRANT FOR (I) THE CONSEQUENCES THAT MAY ARISE FROM THE USE OF THIS WEBSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR COMMODITY PROVIDED THROUGH THIS WEBSITE.
THIS DISCLAIMER CONCERNS ALL DAMAGE, DIRECT OR INDIRECT, OR POSSIBLE INJURIES CAUSED BY ANY NEGATIVE CHARACTERISTIC, ERROR, EXCLUSION, INTERRUPTION, DELETION, MALFUNCTION, DELAY IN OPERATION OR TRANSFER, COMPUTER VIRUS, COMMUNICATION LINE DISRUPTION, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS, CHANGES TO OR ABUSE OF ENTRIES, TERMINATION OF AGREEMENT, INAPPROPRIATE BEHAVIOUR, NEGLIGENCE OR ANY OTHER ACTION.
THE END USER EXPRESSLY CONFIRMS THAT THE ZVIJEZDA COMPANY SHALL NOT BE LIABLE FOR ANY OFFENSIVE, INAPPROPRIATE OR ILLEGAL BEHAVIOUR ON THE PART OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF DAMAGE THAT MAY ARISE AS A CONSEQUENCE OF THE ABOVE SHALL BE BORNE EXCLUSIVELY BY THE END USER.
ZVIJEZDA OR OTHER NATURAL PERSON OR LEGAL ENTITY INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THIS WEBSITE OR RELATED CONTENT AS WELL AS ANY SOFTWARE SHALL IN NO INSTANCE WHATSOEVER BE LIABLE FOR ANY DAMAGE THAT MAY ARISE AS A CONSEQUENCE OF THE USE OR INABILITY TO USE THIS WEBSITE. THE END USER EXPRESSLY CONFIRMS THAT THE PROVISIONS OF THIS CHAPTER RELATE TO THE ENTIRE CONTENT OF THIS WEBSITE.
APART FROM THE ABOVE, THE ZVIJEZDA COMPANY, CONTROLLING COMPANY OR ITS SUBSIDIARIES, INFORMATION PROVIDERS OR PARTNERS MAINTAINING THE CONTENT SHALL NOT BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES OR OTHER DEFICIENCIES, INAPPROPRIATENESS OR UNORIGINALITY OF THE INFORMATION FOUND ON THIS WEBSITE AS WELL AS ANY DELAY IN THE DISRUPTION IN THE TRANSFER OF INFORMATION TO THE END USER, FOR ANY CLAIMS OR LOSSES ARISING THEREFROM. NONE OF THE ABOVE PARTIES SHALL BE LIABLE FOR ANY CLAIMS OR LOSSES INCURRED BY A THIRD PARTY, INCLUDING LOST PROFITS.
THE ZVIJEZDA COMPANY SHALL NOT BE LIABLE FOR ANY CONTENT THAT A USER, SUBSCRIBER OR UNAUTHORISED USER MAY UPLOAD TO THIS WEBSITE. ANY UPLOADED CONTENT THAT IS OR MAY BE DEEMED INAPPROPRIATE MAY BE REMOVED AT ANY TIME BY THE ZVIJEZDA COMPANY. ZVIJEZDA RESERVES THE RIGHT TO CHANGE, ADAPT, DELETE OR REMOVE ANY CONTENT IT DEEMS INAPPROPRIATE. ZVIJEZDA SHALL NOT BE LIABLE IN ANY CASE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE ARISING FROM THE USE OF THIS OR OTHER WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, WORK INTERRUPTION, LOSS OF PROGRAMS OR OTHER INFORMATION ON YOUR DATA PROCESSING SYSTEMS OR OTHERWISE, EVEN WHEN WE ARE EXPRESSLY NOTIFIED OF SUCH DAMAGE.
Zvijezda reserves the right to immediately remove any passwords or user accounts of the End User in case of any behaviour on the part of the End User that the Zvijezda company deems unacceptable at its own discretion as well as in any case of non-compliance with these Terms and Conditions of Use by the End User. In case of removal of passwords or User Accounts, the Terms and Conditions of Use shall continue to remain in effect between the End User and Zvijezda.
Zvijezda intends to use the names, logos, signs, trademarks and other protected content appearing on this Website exclusively in areas for which it has authorisation pursuant to the trademark registration or application, licence or other. For the avoidance of doubt, Zvijezda hereby declares that it does not intend to use the names, logos, signs, trademarks or other protected content in areas it is not authorised for, and shall not supply or offer any products and/or services bearing such protected content in those areas. The use of such protected content on this Website in violation of these Terms and Conditions of Use and their abuse is strictly forbidden.
Zvijezda has the right, but not the obligation, to supervise the content of this Website at any time, including any chat rooms and forums that may exist on this Website, in order to ensure compliance with these Terms and Conditions of Use and any other rules prescribed by the Zvijezda company as well as compliance with any applicable law, regulation or other act. Without prejudice to the above, Zvijezda reserves the right to remove, at its own discretion, any materials it deems non-compliant with the rules laid down herein or questionable in any other way. Zvijezda shall not be obliged to respond to interactive content.
Zvijezda shall not assume any liability in connection with the accuracy of the information given, and the receiver shall be liable for use of that information. Zvijezda does not warrant that any notified issue will be resolved with the use of any information given by Zvijezda. By providing information, Zvijezda does not grant any licences for any copyright, patents or other intellectual property rights.
The End User confirms that all comments, private messages, forums, chat rooms and/or other methods of sending messages or mutual communication (hereinafter referred to as: “Communities”) are public, and not private, and that therefore Zvijezda employees may monitor the communication of End Users without their knowledge and explicit permission.
Zvijezda does not control and/or authorise the content of messages or information found in the Communities, and is therefore not liable for any actions arising from the participation of the End User in any of the Communities, including the liability for any controversial content.
10. Confidentiality of data
Zvijezda does not wish to receive confidential information concerning property from Users through this Website. Any information or materials sent to Zvijezda will be treated as NON-confidential. By sending information or materials to Zvijezda, the User grants to Zvijezda an unlimited and irrevocable licence for the use, copying, display, showing, changing, transfer and distribution of those materials or information, and furthermore agrees that Zvijezda may freely use any ideas, concepts, knowledge or technique for any purpose. However, Zvijezda shall not publish the User’s name or publicise in any other manner the fact that the User sent the materials or other information, unless: (a) we have the User’s permission to use your name; or (b) we send a prior notice to the User that the materials or other information sent to a certain part of this Website will be published or used in some other way together with your name; or (c) we are legally required to do so.
Any type of end-user communication shall be considered to be non-confidential. If a certain website permits the publication of communications treated by Zvijezda as confidential, that fact shall be stated on that website. By publishing comments, messages or other information on the website, the End User grants to Zvijezda the right to use those comments, messages or information for the purpose of promotion, advertising, market research or any other purpose permitted by law. For more information, see Zvijezda’s Confidentiality Statement.
Materials sent to or available on the Website are not and shall be not considered to be a business secret or confidential. By providing materials via the Website, you authorise Zvijezda and/or its affiliates to use them without limits for any purpose, including copying, transfer, publication, broadcasting or use in any other way, free of charge.
The End User agrees to indemnify and hold Zvijezda, its parent companies, subsidiaries, their responsible persons, employees and agents harmless from any claims for damages and reimbursement of costs, including legal costs, which may arise from the use of this Website by the End User.
12. Third-party content
Zvijezda, along with internet service providers (ISP), is a distributor (and not a publisher) of the content supplied by third parties and End Users. Any opinions, advice, statements, services, offers or other information or content posted by third parties, including public information providers or any end users, come from their authors or distributors, and not the Zvijezda company. Neither Zvijezda nor third-party information providers guarantee the accuracy, completeness or usefulness of any content or its sales potential or appropriateness for any given purpose.
The information available on the Website that represents the opinions and assessments of the relevant information provider, end user or other user not contractually related to Zvijezda is not authorised by Zvijezda, therefore it cannot be liable for the accuracy or reliability of any opinion, advice or statement published on the Website by anyone who is not an authorised employee of Zvijezda or who does not act in an official capacity. Zvijezda shall under no circumstances be liable for any loss or damage arising from the reliance on the information on the Website by an end user. The entire responsibility of estimating the accuracy, completeness or usability of any information, opinion, position, advice or other content available on the Website lies entirely on the End User.
The Zvijezda Website contains links to third-party websites maintained by other content providers. Those links are posted only for practical purposes and not as any confirmation by the Zvijezda company of the third-party website content, and Zvijezda expressly denies any connection with the content or accuracy of the materials on third-party websites.
13. Invalid provisions
If any provision of the Terms and Conditions of Use is declared invalid, such invalidity shall not affect the validity of any other provisions of these Terms and Conditions of Use, and the rest of the provisions of these Terms and Conditions of Use shall remain in force.
If any of the parties fails to exercise its right laid down in these Terms and Conditions of Use, this shall not be construed as a waiver or loss of those rights in the future, or any other rights laid down in the Terms and Conditions of Use.
15. Dispute resolution
Anything not laid down herein shall be governed by the Civil Obligations Act.
The Parties shall endeavour to settle all disputes arising herefrom amicably. Any disputes or claims arising as a consequence of the use of this Website, in connection with these Terms and Conditions of Use or their implementation shall fall under the jurisdiction of the Court in Zagreb, with the application of the relevant substantive Croatian law.
16. Application of the Terms and Conditions of Use
These Terms and Conditions of Use shall apply from 21 March 2013 until revocation by Zvijezda.