1. General Provisions
Zvijezda d.d., Zagreb, Marijana Čavića 1 (dalje u tekstu: Zvijezda) pruža interaktivnu online uslugu putem Internet stranica na domenama: www.zvijezda.hr, www.zvijezda.ba, www.zvijezda.si, www.zvijezda.eu, www.slastistika.hr, www.olistira.com.hr, www.sirspin.hr.
The right to use web pages is not transferrable to other natural or legal persons. The End user is personally responsible for protecting the confidentiality of their passwords, where such may exist.
The End user is aware of the fact that Zvijezda is not liable for temporary interruptions, unavailability and/or service suspension (routine maintenance and similar) or force majeure, and is not liable for any loss of data that can occur while transferring information over the internet. The End user agrees and accepts that for the above stated reasons, access to web pages may be interrupted, temporarily unavailable or suspended.
Information on this web page may contain technical inaccuracies or typographic errors. Zvijezda neither declares nor guarantees, explicitly or by implication, that the content of the web page and/or related pages is complete or up-to-date: that the web page and/or related pages will always be accessible and available, and that it will not cause any damage to users, registered users or third persons. Every user and registered user explicitly accepts the use of this web page at their own responsibility and is solely liable for all possible costs related to maintenance or repair of their IT equipment. Any guarantee given on these pages is related exclusively to products and services provided by Zvijezda.
3. Computer Equipment
The End user is solely responsible for procurement, use and maintenance of their computer equipment, including but not limited to the entire software and hardware in their possession and use, as well as any other equipment needed to access and use the web pages of Zvijezda, including all related costs. Zvijezda is not responsible for any damages to End users equipment which may occur as a result of using these web pages.
4. End User Behavior
These web pages, as well as any other pages, current or future, or available in any other way through external connections with web pages are private property of Zvijezda.
It is forbidden to publish, use, transfer, send or exchange materials and content which distort or endanger privacy, are vulgar or in any other way undesirable in normal communication, which endanger and/or violate rights of others, and specifically materials and content that are by nature illegal, threatening, insulting, slanderous, which insult the legal regulations of the Republic of Croatia, especially illegal, false or untrue, deceiving, insulting, slanderous, vulgar, obscene, threatening, disturbing, racist or chauvinist content, content insulting intellectual property rights of third persons, content revealing personal information without authorization or insulting the personality rights of third persons or other users, as well as other unsuitable content or content that may harm the Zvijezda company and related companies, other users or third persons, including, among other things, content encouraging behavior constituting criminal offense, which entails a civil responsibility or in any other way breaks regulations, or such materials which contain advertisements or offers of any products and services without expressed, prior, written permission of the Zvijezda company. The End user may not use these web pages to advertise or perform any commercial, religious, political or non-commercial promotion, including inviting users of these web pages to become members of a different online or offline service, representing a direct or indirect competition or potential competition to Zvijezda.
Any behavior of the End user which, according to a discretionary assessment of Zvijezda limits or impedes other end users from use of web pages is strictly forbidden.
5. Intellectual Property
These web pages contain material protected by intellectual property rights, seal, design and other information covered by other rights of natural or legal persons, including, without limitation, texts, software, pictures, video materials, graphics, music, sound as well as the whole web page content, in accordance with the regulations of the Republic of Croatia. All materials (texts, photographs, pictures, drawings, audio and video materials and other) product and service trademarks (seals), logotypes, and other content found on the web pages are exclusive property of Zvijezda company, or are used with explicit permission of the copyright owner or the owner of rights of the seals and/or design. Zvijezda is a registered trademark of Zvijezda d.d., and all rights concerning this trademark are expressly reserved. Unless otherwise stated, all other trademarks appearing on the system are intellectual properties of their respective owners. Zvijezda is the copyright owner concerning choice, coordination, installation and enhancement of such content as well as rights related to the original content.
ANY COPYING, DISTRIBUTION, TRANSMISSION, PUBLISHING, REPRODUCTION, MODIFICATION, REVISEMENT, TRANSPOSITION, ASSOCIATION, DEEP ASSOCIATION, CREATION OF DERIVATIVES OR CHANGING OF THESE WEB PAGES IN ANY WAY WITHOUT EXPLICIT WRITTEN APPROVAL FROM ZVIJEZDA COMPANY IS STRICTLY FORBIDDEN! Any violation of these terms, which may carry as a consequence breaching copyrights, trademarks or any other form of intellectual property, may lead to initiation of civil or commercial proceedings and/or criminal and/or minor breach persecution against the perpetrator. It is not permitted to copy, redistribute, retransmit, publish or commercially use downloaded material without express written consent from the Zvijezda company and the copyright owner.
The End user may download, print and save copyrighted material only for personal use. Using and printing of content from web pages is permitted only for the purpose of informing and personal non-commercial use by the user.
The End user undertakes not to, on these web pages, upload, publish or in any other way make accessible any materials subject to copyright, trademark or other intellectual property rights, without express written consent of the owners of those rights. The End user is solely and exclusively responsible for damages which may occur from breaching copyrights, fraudulent use of trademarks and other intellectual property rights, or any problems arising in relation to making such materials public.
Zvijezda is not required to inform the End user, or help him in determining if any given material is subject to copyright.
By making the material available to public at any publicly accessible part of these web pages, the End user guarantees under criminal and material liability that he is the owner of that material, and that he explicitly gives Zvijezda company the right to freely, permanently, irrevocably, non-exclusively use, publish, copy, reproduce, modify, adapt, distribute, publish, translate and/or distribute such materials (partially or as a whole) throughout the world, without any time or duration restraints. The End user also gives other end users the right to access, view, save or reproduce such materials for their personal use.
Conditions stated in this chapter are equally applicable to Zvijezda company as to her affiliates, associated companies and third party service providers and licensed subsidiaries, and each one of them has a right to directly and in their own name conduct these terms.
6. Licenses and Trademarks
By publishing on or via web pages, the End users grants Zvijezda company a free, spatially and temporally unlimited license to use, utilize, reproduce, change, publish, adapt, translate, distribute, implement and present such communication, by itself or as a part of a larger whole, in any form, on any media or via any technology, known or later developed, as well as to share such rights with multiple sharers of such license.
By using or accessing this web page, the Users does not gain, explicitly or by implication, to any license or rights to use the trademark, patent, design, copyright or any other rights belonging to Zvijezda company and/or third persons. Users and registered users solely bear responsibility to honor copyrights and other intellectual property rights concerning said content.
7. Statement of Assurance and Limitation of Liability
THE END USER EXPRESSLY AGREES THAT THE USE OF THESE WEB PAGES IS THE SOLE RESPONSIBILITY OF THE END USER. NEITHER ZVIJEZDA COMPANY NOR HER AFFILIATES, PARENT COMPANIES, NOR ANY OF THEIR EMPLOYEES, AGENTS, THIRD PARTY SERVICE PROVIDERS OR LICENSED COMPANIES GUARANTEE THAT THE USE OF THIS WEB PAGE WILL NOT BE INTERRUPTED, THAT IT WILL BE WITHOUT ERRORS; NOR DO THEY GUARANTEE (I) ANY CONSEQUENCES ARISING FROM USE OF THIS WEB PAGE OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE OFFERED VIA THESE WEB PAGES.
THIS STATEMENT OF ASSURANCE IS APPLICABLE TO ALL DAMAGES DIRECT OR INDIRECT, OR POSSIBLE INJURIES CAUSED BY ANY BAD TRAITS, FAULTS, OMISSIONS, INTERRUPTIONS, DELETION, MALFUNCTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE INTERRUPTION, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS, CHANGE OR MISUSE OF TEXT, BREACH OF CONTRACT, IMPROPER BEHAVIOR, NEGLIGENCE OR ANY SUCH ACTION. THE END USER EXPRESSLY CONFIRMS THAT ZVIJEZDA COMPANY IS NOT RESPONSIBLE FOR INSULTING, IMPROPER OR ILLEGAL BEHAVIOR OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK FROM DAMAGE WHICH MAY OCCUR AS CONSEQUENCE OF THE ABOVE STATED LIES FULLY WITH THE END USER.
UNDER NO CIRCUMSTANCES SHALL ZVIJEZDA COMPANY OR OTHER NATURAL OR LEGAL PERSON INVOLVED IN CREATION, PRODUCTION OR DISTRIBUTION OF THESE WEB PAGES, OR CONTENT RELATED TO IT, AS WELL AS ANY SOFTWARE, BE HELD RESPONSIBLE FOR ANY DAMAGES WHICH MAY OCCUR AS A CONSEQUENCE OF USE, OR DUE TO INABILITY TO USE THESE WEB PAGES. THE END USER EXPRESSLY CONFIRMS THAT THE CONDITIONS OF THIS CHAPTER ARE APPLICABLE TO THE COMPLETE CONTENT OF THESE WEB PAGES.
BESIDES THE ABOVE MENTIONED TERMS, NEITHER ZVIJEZDA COMPANY, NOR ITS PARENT COMPANY, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR PARTNERS MANAGING THE CONTENT, SHALL BE HELD LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES OR OTHER SHORTCOMINGS, INAPPROPRIATENESS OR NON-ORIGINALITY OF INFORMATION CONTAINED ON THESE INTERNET PAGES, AS WELL AS FOR ANY DELAY OR INTERRUPTION IN TRANSMISSION OF INFORMATION TO THE END USER, FOR ANY CLAIMS OR LOSSES ARISING FROM THE SAME. NONE OF THE ABOVE STATED PARTIES SHALL BE HELD RESPONSIBLE FOR ANY THIRD PARTY CLAIMS OR LOSSES, INCLUDING LOSS OF PROFIT.
ZVIJEZDA COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT PLACED ON THESE WEB PAGES BY THE USER, SUBSCRIBER OR UNAUTHORIZED USER. ANY SUCH CONTENT WHICH MAY BE PUBLISHED, AND WHICH IS OR MAY BE CONSTRUED TO BE INAPPROPRIATE CAN BE REMOVED BY ZVIJEZDA COMPANY. ZVIJEZDA RESERVES THE RIGHT TO ADAPT, ADJUST, CHANGE, ERASE OR REMOVE ANY CONTENT FOR WHICH IT DECIDES IS NOT APPROPRIATE. ZVIJEZDA SHALL IN NO CASE BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, SPECIAL OR CAUSAL DAMAGE FROM USE OF THIS AND OTHER WEB PAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, INTERRUPTION OF WORK, LOSS OF PROGRAM OR OTHER DATA ON YOUR DATA MANAGEMENT SYSTEMS OR OTHER DAMAGES, EVEN WHEN WE HAVE EXPRESSLY BEEN NOTIFIED OF SUCH DAMAGES.
Zvijezda reserves the right to terminate any passwords or user accounts of the End user in case of any End user behavior which the Zvijezda company, at its sole discretion, deems to be unacceptable, as well as in any case of End users’ non-compliance with these Terms. In the event of password or User account termination, these conditions do not cease to apply between the End user and Zvijezda.
Zvijezda intends to use names, logotypes, signs, trademarks and other copyright materials appearing on this web page exclusively in the areas for which it is authorized based on the registration or trademark application, based on license or in some other way. In order to avoid any doubt, Zvijezda hereby declares that it has no intention to use names, logotypes, signs, trademarks and other copyright materials in areas for which it is not authorized, and will not deliver or offer products and/or services marked by such copyright in such areas. Use of such protected content on these web pages is in breach of provisions of these Terms, and their abuse is strictly forbidden.
Zvijezda accepts no responsibility concerning accuracy of information it gives and all use of such information is the responsibility of the recipient. Zvijezda gives to assurances that any reported problems will be resolved using any information given by Zvijezda. By providing information, Zvijezda does not grant any licenses to any copyrights, patents or other intellectual property rights.
The End user confirms that all comments, private messages, forums, chat rooms and/or other forms of sending messages and mutual communication (hereinafter – Communities) are of public and not private nature, and for this reason employees of Zvijezda may monitor communication of End users without their knowledge or expressed consent.
Zvijezda does not control and/or authorize content of messages or information found on any Communities and therefore is not liable for any actions which are a result of End user participation in any of the Communities, including liability for possibly contested content.
10. Confidentiality of Information
Zvijezda has no interest in receiving confidential information or information related to ownership from the User through this web page. Any information or materials sent to Zvijezda shall be treated as NOT confidential. By sending such information or materials to Zvijezda, the User gives Zvijezda unlimited and irrevocable license to use, copy, display, present, change, transmit and distribute such materials or information, and also agrees that Zvijezda may freely use any ideas, concepts, knowledge or techniques for any purpose. However, Zvijezda shall not publish the name of the User or in any other way publicize the fact that the User has sent said material or other information, unless: (a) we receive permission from the User to use your name; or (b) with a prior notice to User that the material and other information sent to a certain part of these pages will be published or in some other way used together with your name: or (c) we are obligated to do so by law.
Any type of communication by the end user is considered to be non-confidential. If certain web pages permit publishing of communications which Zvijezda will treat as confidential, that claim shall be stated on those pages. By publishing comments, messages and other information on web pages, the End user gives Zvijezda company the right to use those comments, messages and information for the purpose of promotion, advertising, market research or any other legally permissible purpose. For more information, read the Declaration of confidentiality and privacy of information of Zvijezda company.
Materials sent or available through the web pages are not are shall not be considered a trade secret, secret or confidential. By providing such materials through the web pages, you authorize Zvijezda and/or its associated companies to use them without limitations for any purpose, including multiplication, transmission, publishing, broadcasting or using in any other way without obligation of payment or any form or remuneration.
11. Compensation for Damages
The End user undertakes to indemnify, and shall not consider Zvijezda company, parent companies, associated companies, their responsible persons, employees and agents liable for any claims for compensation of damages and cost, including costs of legal representation which may incur as a result of use of these web pages by the End user.
12. Third Party Content
Zvijezda, as well as the Internet service provider (ISP) is a distributer (not publisher) of content which it receives from a third party and End users. Any opinions, advices, statements, services, offers and other information and content published by third parties, including public information providers or any end users come from relevant authors and distributers, and not from Zvijezda company. Neither Zvijezda nor third party information providers guarantee accuracy, completeness or usefulness of any content, as well as its ability to sell and suitability for any specific purpose.
Information available on the web pages, representing opinions and assessments of a certain information provider, end user or other user not in a contractual relation with Zvijezda company, are not authorized by Zvijezda company and therefore cannot be held liable for accuracy and reliability of any opinion, advice or statement published on the internet pages by any person who is not an authorized representative employee of Zvijezda, or acting in an official capacity. Under no circumstances shall Zvijezda be responsible for any loss or damages arising from end users’ relying on information received through web pages. The End user is solely responsible to assess accuracy, completeness and usefulness of any information, opinion, advice or other content available through these web pages.
Zvijezda web pages contain links to web pages of third parties which are hosted and managed by other content providers. These links are made only for the purpose of practicality and not as an approval from Zvijezda Company of the content on web pages of third parties, and Zvijezda expressly denies any connection with the content or accuracy of materials on third party web pages.
13. Invalidity of Provision
14. Waiver of Rights
15. Resolution of Disputes
For all matters not regulated by this Contract, provisions of the Civil Obligations Act apply.
The contracting parties shall try to resolve all disputes arising from this Contract amicably. All disputes and claims which may arise as a consequence of using these web pages, related to these Terms or related to their implementation fall under the jurisdiction of the court in Zagreb, with application of applicable Croatian substantive law.