General terms and conditions

  1. General provisions

Zvijezda plus d.o.o., Zagreb, Marijana Čavića 1 (hereinafter referred to as: Zvijezda) provides an interactive online service through websites on the domains: www.zvijezda.hr, www.zvijezda.ba, www.zvijezda.si, www.zvijezda.eu.

The service consists of providing information services and content management. The term “Websites” in these Terms and Conditions of Use means all websites located within the www.zvijezda.hr domain and other listed domains. These Terms and Conditions of Use prescribe the conditions and rules relating to the use of the Websites by End Users.

By using and accessing these Websites (except in the case of the first reading of these Terms and Conditions), the End Users declare that they have read and understood the Terms and Conditions of Use, that they are familiar with them and fully agree with the conditions and rules presented here, and agree to use the Websites in accordance with to them.

The right to use the Websites is not transferable to other natural or legal persons. The End User is personally responsible for protecting the confidentiality of passwords, in places where they exist as such.

The End User is aware of the fact of occasional interruptions, unavailability and/or disconnection of services (routine maintenance, etc.), force majeure events, and Zvijezda is not responsible for any data loss that may occur during the transmission of information on the Internet. The End User agrees and accepts that due to the stated reasons, access to the Websites may be interrupted, temporarily unavailable or disabled.

The information on this Website may contain technical inaccuracies or typographical errors. Zvijezda does not represent or warrant, expressly or tacitly, that the content of the website and/or linked websites is complete or up-to-date; that the website and/or related websites will always be accessible and available, and that they will not cause damage to users, registered users or third parties. Each user and registered user expressly accept the use of this website at their own risk and bears exclusively all possible costs related to the maintenance or repair of computer equipment. Any warranty given on these Websites relates exclusively to the products or services provided by Zvijezda.

Zvijezda reserves the right to modify or terminate the website at any time, including, but not limited to, content, time of availability, as well as the equipment required to access or use the websites. Zvijezda is authorised to stop publishing any part/type of information and to change or cancel any method of data transmission, it can change data transmission speeds, as well as any of their other characteristics. Information may be changed without prior notice. Zvijezda may also make improvements and/or changes to the products and/or programmes described in this information at any time, without notice. If the User does not accept the Terms and Conditions of Use, they are obliged to refrain from using the Websites.
Zvijezda reserves the right to revise the Terms and Conditions of Use at any time and to terminate access to the Websites without prior notice.

  1. Amendments of the Terms and Conditions of Use

Zvijezda reserves the right at any time, if it deems it necessary, to cancel or amend any of the Terms and Conditions of Use and/or the Data Confidentiality Statement stated here. Any amendment or cancellation of the Terms and Conditions of Use will come into force immediately upon their publication on the website. Any use of these Websites by the End User after such notification will be understood as acceptance of those amendments.
The User undertakes to read the Terms and Conditions of Use from time to time in order to familiarise themselves with any amendments. If the User uses the Websites after the Terms and Conditions of Use have been amended, it is assumed that they have familiarised themselves with the amendments, that they understand them and fully accept them. We exclude liability for any damage caused to users, registered users or third parties as a result of such amendments.

  1. Computer equipment

The End User is exclusively and solely responsible for the acquisition, use and maintenance of their computer equipment, including but not limited to all software and hardware they own and use, as well as other equipment necessary for accessing and using the Zvijezda Websites and all related costs. Zvijezda is not responsible for any damage to the End User’s equipment that may occur as a result of using these Websites.

  1. End User Behaviour

These Websites, as well as any other websites, presently or later contained, or otherwise accessible, through external links to Websites are the private property of Zvijezda.

All mutual interaction that takes place through these Websites must be in accordance with the Terms and Conditions of Use, and users are required that all activities related to the use of these Websites are in accordance with the effective legal regulations of the Republic of Croatia.

It is forbidden to publish, use, transmit, send and exchange materials and content that violate or threaten privacy, are vulgar, or otherwise undesirable in normal communication, that threaten and/or violate the rights of others, especially materials and content that are by nature illegal, threatening, offensive, defamatory, which are in violation of the effective legal regulations of the Republic of Croatia, especially illegal, false or untrue, misleading, offensive, slanderous, vulgar, obscene, threatening, disturbing, racist or chauvinistic content, content that violates intellectual property rights of third parties, content that discloses personal data without authorisation or violates the right to personality of third parties or other users, as well as other inappropriate content, and content that may cause damage to the company Zvijezda and related companies, other users or third parties, which includes, among other things, content that encourages behaviour that constitutes a criminal offence, that entails civil liability or otherwise violates any regulation and that, without the express, prior, written approval of Zvijezda, contains advertising or the offer of any products and services. The End User may not use these Websites to advertise or carry out any commercial, religious, political, or non-commercial promotion, including inviting users of these websites to become members of another online or offline service, which represents direct or indirect competition, or potential competition to Zvijezda.

Any behaviour of End Users, which, according to Zvijezda’s discretion, restricts or disables any other End User from using the Websites is strictly prohibited.

  1. Intellectual property

These Websites contain materials protected by copyright, trademark, design and other information that is covered by other rights of natural or legal persons, including, but not limited to, texts, software, photos, video materials, graphics, music, sound, as well as the entire the content of the Websites, in accordance with the regulations of the Republic of Croatia. All materials (texts, photos, images, drawings, audio and video materials, etc.), product and service trademarks (trademarks), logos, and other content found on the Websites are the exclusive right of the Zvijezda company, or are used with express permission approval of copyright holders and trademark and/or design rights holders. Zvijezda is a registered trademark of the company Zvijezda d.d. and therefore all rights in relation to this trademark are hereby expressly reserved. Unless otherwise stated, all other trademarks that appear on the system are the intellectual property of their respective owners. Zvijezda is the holder of the copyright in relation to the selection, coordination, posting and promotion of such content, as well as the rights in relation to the original content.

ANY COPYING, DISTRIBUTION, TRANSMISSION, PUBLICATION, REPRODUCTION, MODIFICATION, REVISION, TRANSMISSION, LINKING, DEEP LINKING, CREATION OF DERIVATIVES OR OTHERWISE MODIFICATION OF THESE WEBSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE ZVIJEZDA COMPANY IS STRICTLY PROHIBITED! Any violation of these conditions that may result in the violation of copyrights, trademark rights, or rights of any other form of intellectual property and may lead to the initiation of civil and commercial proceedings and/or to criminal and/or misdemeanour prosecution against the perpetrator. Copying, redistribution, retransmission, publication or commercial exploitation of the downloaded material is not permitted without the express written permission of Zvijezda and the copyright holder.

The End User may download, print and save the copyrighted materials for their own use only. The use and printing of content from the Websites is permitted exclusively for the purpose of information and personal, non-commercial purposes of the user.

The End User undertakes not to upload, publish, or otherwise make available any material that is subject to copyright, trademark, or other intellectual property rights on these Websites, without the express permission of the holder of those rights. The End User is solely and exclusively responsible for damages that may arise from copyright infringements, misuse of trademarks and other intellectual property rights, or any problems arising in connection with the publication of such materials.

Zvijezda has no obligation to inform the End User, or to assist him or her in determining whether certain material is subject to copyright.

By placing materials on any publicly accessible part of these Websites, the End User guarantees under criminal and material liability that they are the holder of the rights to these materials and expressly grants Zvijezda a free, permanent, irrevocable, non-exclusive right to use, publish, duplicate, reproduce, modify, adapt, distribute, publish, translate and/or distribute such material (in part or in whole) worldwide for an indefinite time and duration. The End User also grants other End Users the right to access, view, save or reproduce such material for their own use.

The terms set forth in this Chapter apply equally to the benefit of Zvijezda, as well as its subsidiaries, affiliates and third-party service providers and licensed companies, and each of them has the right to enforce these terms directly and in its own name.

  1. Licenses and trademarks

By posting on or through the Websites, the End User has granted the company Zvijezda a free, unlimited spatial and temporal license to use, use, reproduce, change, publish, adapt, translate, distribute, conduct and display this communication, alone or as part of a larger whole, in in any form, on any medium or through any technology, whether known or later developed, and sharing such rights with multiple sharers of this license.

By using or accessing this website, the User does not acquire, expressly or tacitly, any license or right to use a trademark, patent, design, copyright or other right belonging to Zvijezda and/or a third party. The users and registered users bear their own responsibility for respecting copyright and other intellectual property rights with respect to such content.

  1. Warranty statement and limitation of liability

THE END USER EXPRESSLY AGREES THAT THE USE OF THESE WEBSITES IS AT THE SOLE RISK OF THE END USER. NEITHER THE ZVIJEZDA COMPANY, ITS SUBSIDIARIES, PARENT COMPANIES, NOR ANY OF THEIR EMPLOYEES, AGENTS, THIRD PARTY SERVICE PROVIDERS OR LICENSED COMPANIES WARRANT THAT THE USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY WARRANT (I) THE CONSEQUENCES THAT MAY ARISE FROM THE USE OF THIS WEBSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR GOODS PROVIDED THROUGH THIS WEBSITE.

THIS LIABILITY STATEMENT REFERS TO ALL THE DAMAGE OF DIRECT OR INDIRECT, OR POSSIBLE INJURIES CAUSED BY ANY POOR TRAITS, ERROR, EXCEPTION, INTERRUPTION, DELETION, MALFUNCTION, DELAY IN WORK OR TRANSFER, COMPUTER VIRUS, INTERRUPTION IN THE COMMUNICATION LINE, THEFT, DESTRUCTION OR DESTRUCTION BY UNAUTHORISED ACCESS, ALTERATION OR MISUSE OF RECORDS, TERMINATION OF CONTRACT, MISCONDUCT, NEGLIGENCE, OR ANY OTHER ACTION. THE END USER EXPRESSLY ACKNOWLEDGES THAT THE ZVIJEZDA COMPANY IS NOT RESPONSIBLE FOR THE OFFENSIVE, INAPPROPRIATE OR ILLEGAL BEHAVIOR OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF DAMAGE THAT MAY OCCUR AS A CONSEQUENCE OF THE ABOVE ENTIRELY RESTS WITH THE END USER.

IN NO EVENT SHALL THE COMPANY ZVIJEZDA, OR ANY OTHER NATURAL OR LEGAL ENTITY INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THESE WEBSITES, OR THE CONTENT RELATED TO THEM, AS WELL AS ANY SOFTWARE, BE RESPONSIBLE FOR ANY DAMAGE THAT MAY OCCUR AS A RESULT OF THE USE, OR DUE TO THE IMPOSSIBILITY OF USING THESE WEBSITES. THE END USER EXPRESSLY ACKNOWLEDGES THAT THE TERMS AND CONDITIONS OF THIS SECTION APPLY TO THE ENTIRE CONTENT OF THESE WEBSITES.

SUBJECT TO THE FOREGOING, NEITHER THE ZVIJEZDA COMPANY, NOR THE HOLDING COMPANY, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR PARTNERS WHO EDIT THE CONTENT, SHALL BE LIABLE, REGARDLESS OF CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OR OTHER DEFECTS, INACCURACIES, OR UNORIGINALITY, INFORMATION CONTAINED ON THIS WEBSITE, AS WELL AS FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION OF INFORMATION TO THE END USER, FOR ANY CLAIMS OR LOSSES ARISING THEREOF. NONE OF THE ABOVE PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES, INCLUDING LOST PROFITS.

THE ZVIJEZDA COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR UNAUTHORISED USER MAY POST ON THESE WEBSITES. ANY CONTENT POSTED THAT IS OR MAY BE DEEMED INAPPROPRIATE MAY BE REMOVED BY THE ZVIJEZDA COMPANY AT ANY TIME.
ZVIJEZDA RESERVES THE RIGHT TO CHANGE, ADJUST, MODIFY, DELETE OR REMOVE ANY CONTENT THAT IT DEEMES INAPPROPRIATE. IN NO EVENT SHALL ZVIJEZDA BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS OR OTHER WEBSITES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, INTERRUPTION OF OPERATION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR DATA PROCESSING SYSTEMS OR OTHERWISE, EVEN WHEN WE HAVE BEEN EXPRESSLY ADVISED OF SUCH DAMAGES.

Zvijezda reserves the right to immediately terminate any End User’s passwords or user accounts in the event of any behaviour by the End User that Zvijezda, in its discretion, deems unacceptable, as well as in any case of non-compliance with these Terms and Conditions by the End User. In case of cancellation of passwords or User Accounts, the terms shall not cease to be valid between the End User and Zvijezda.

Zvijezda intends to use the names, logos, signs, trademarks and other protected content that appear on this website exclusively in the areas for which it is authorised based on registration or application of a trademark, based on a license or in some other way. For the avoidance of doubt, Zvijezda hereby declares that it has no intention of using names, logos, signs, trademarks and other protected content in areas for which it is not authorised, and will not deliver or offer products and/or services marked with such protected content in such areas. The use of such protected content on this website contrary to the provisions of these Terms and Conditions or their misuse is strictly prohibited.

  1. Supervision

Zvijezda has the right, but not the obligation, to monitor the content on these Websites at all times, including any chat rooms and forums that may be contained as part of these Websites, to ensure compliance with and compliance with these Terms and Conditions of Use, as well as any other rules prescribed by Zvijezda, as well as compliance with any relevant law, regulation or other act. Without limiting the foregoing, Zvijezda reserves the right to remove any material that, in its sole discretion, it finds does not comply with the rules set forth herein, or that it finds to be otherwise questionable. Zvijezda is not obliged to respond to interactive content.

Zvijezda does not assume any responsibility regarding the accuracy of the information it provides and the use of such information is the responsibility of the recipient. Zvijezda makes no assurances that any reported problems will be resolved with the use of any information provided by Zvijezda. By providing information, Zvijezda does not grant any licenses to any copyrights, patents or other intellectual property rights.

  1. Privacy

The End User confirms that all comments, private messages, forums, chat rooms and/or other ways of sending messages or communicating with each other (hereinafter – Communities) are public and not private in nature, and that therefore, Zvijezda employees can monitor End Users’ communications without their knowledge and explicit permission.

Zvijezda does not control and/or authorise the content, messages or information that can be found in any Communities and is therefore not responsible for any actions resulting from the End User’s participation in any of the Communities, including responsibility for potentially objectionable content.

  1. Confidentiality of data

Zvijezda does not wish to receive confidential or proprietary information from Users through this website. Any information or material sent to Zvijezda will be treated as NON-confidential. By submitting any information or materials to Zvijezda, the User grants Zvijezda an unlimited and irrevocable license to use, copy, display, perform, modify, transmit and distribute such materials or information, and also agrees that Zvijezda may freely use any ideas, concepts, know-how or techniques for any purpose. However, Zvijezda will not publish the User’s name or otherwise publicise the fact that the User has sent it materials or other information, unless: (a) we obtain the User’s permission to use your name; or (b) with prior notice to the User that the materials or other information submitted to a certain part of these websites will be published or otherwise used together with your name; or (c) we are required to do so by law.

Any type of End User communication is considered non-confidential. If certain websites allow the publication of communications that Zvijezda will treat as confidential, this fact will be stated on those websites. By publishing comments, messages or other information on the Websites, the End User grants Zvijezda the right to use those comments, messages or information for the purpose of promotion, advertising, market research, or any other legally permitted purpose. For more information, see the Zvijezda Privacy Statement.

Materials posted or available through the Websites are not and will not be considered trade secrets, confidential or confidential. By providing material through the Websites, you authorise Zvijezda and/or its affiliates to use it without limitation for any purpose, including reproduction, transmission, publication, broadcast or use in any other way, without obligation to pay any compensation.

  1. Indemnity

The End User agrees to indemnify and hold Zvijezda, its controlling companies, its subsidiaries, their responsible persons, employees and agents harmless from all claims for compensation for damages and expenses, including the costs of legal representation, which may arise from the use of these Websites by the End User.

  1. Third-party content

Zvijezda, like Internet Service Providers (ISPs), is a distributor (not a publisher) of content provided 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 the respective authors or distributors and not from Zvijezda. Neither Zvijezda or third-party information providers guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or suitability for any particular purpose.

Information available on the Websites, which represents the opinions and ratings of the respective information provider, end user, or other user who is not in a contractual relationship with the company Zvijezda, the company Zvijezda does not authorise and therefore cannot be responsible for the accuracy or reliability of any opinion, advice, or statements published on the Internet, by anyone who is not an authorised Zvijezda employee, or who is not acting in an official capacity. Under no circumstances shall Zvijezda be responsible for any loss or damage caused by the end user’s reliance on information obtained through the Internet. It is the responsibility of the End User to evaluate the accuracy, completeness or usefulness of any information, opinion, survey, advice or other content available through the website.

Zvijezda websites contain links to third-party websites maintained by other content providers. These links are provided for convenience only and not as an endorsement by Zvijezda of the content on third-party websites, and Zvijezda expressly disclaims any connection with the content or accuracy of material on third-party websites.

  1. Invalid provisions

UIn case of invalidity of certain provisions of the Terms and Conditions of Use, such invalidity shall not affect the validity of any other provision of these Terms, and the remaining parts of these Terms shall remain in force.

  1. Waiver of rights

If either party does not exercise its rights under these Terms, this will not be considered a waiver or loss of the same rights in the future, as well as any other rights specified in the terms and conditions.

  1. Dispute resolution

For everything that is not regulated by this Agreement, the provisions of the Act on Obligations apply.

The contracting parties will try to resolve all disputes from this Agreement amicably. All disputes or claims that may arise, as a result of the use of these Websites, in connection with these Terms and Conditions, or in connection with their implementation, are under the jurisdiction of the court in Zagreb, with the application of the relevant substantive Croatian law.

  1. Application of terms of use

These terms of use apply from 21 March 2013, until revoked by Zvijezda.