1) General Provisions
mStart d.o.o., Zagreb (hereinafter referred to as: mStart) provides an interactive online service via its web pages within the www.mStart.hr domain. The service includes provision of information and content management. For the purposes of these Terms and Conditions of Use, the “web pages” shall mean all web pages within the www.mStart.hr domain. These Terms and Conditions of Use define the terms and conditions concerning the use of the web pages by End Users.
By using and accessing these web pages (except upon the first reading of these Terms and Conditions), End Users confirm that they have read and understood the Terms and Conditions of Use, that they are familiar with the same and fully agree with the terms and conditions provided herein, as well as that they agree to use these web pages in accordance with the same.
The right to use the web pages is not transferable onto other natural or legal persons. The End User is personally responsible for the protection of confidentiality of passwords in areas where passwords exist as such.
The End User has been made aware of the fact that occasional disruptions, impairments of availability and/or stoppage of services (for routine maintenance purposes and similar) or force majeure events are possible, and that mStart shall not be liable for any loss of data that may occur during online data transmission. The End User agrees and accepts that, due to the mentioned reasons, access to the web pages may be disrupted, temporarily unavailable or stopped.
The information on this website may contain certain technical or typographical errors. mStart does not represent or warrant, explicitly or implicitly, that the content of its web pages and/or linked sites is complete or updated; that the web pages and/or linked sites shall not cause any damage to the users; that the web pages and/or linked sites shall always be available and accessible; or that the same shall not cause damage to the users, registered users or third parties. Every user and registered user expressly agrees to use these web pages on their own responsibility and shall only be liable for the possible costs related to the maintenance or repair of computer equipment. Any warranties provided on these web pages shall refer exclusively to the products or services offered by mStart.
mStart reserves the right to modify or disable the web pages at any moment, including without limitation the content, period of availability, as well as equipment required to access or use the pages. mStart is authorized to stop publishing any part/type of information as well as modify or disable any data transmission methods, as well as change the speed of data transmission or any other characteristics thereof. The information may be modified without prior notice. mStart may also at any time introduce improvements and/or changes to its products and/or programs described in the provided information without prior notice.If the End User does not accept the Terms and Conditions of Use, he/she shall refrain from using the web pages
mStart reserves the right to revise the Terms and Conditions of Use at any moment, as well as disable access to the web pages without prior notice.
2) Changing the Terms and Conditions of Use
mStart reserves the right to revoke or change any of the terms and conditions set in these Terms and Conditions of Use and/or Privacy Statement at any moment if it deems necessary to do so. Any change or revocation of the terms and conditions shall become effective immediately after being published on the web pages. If the End User continues to use these web pages after the notification of change or revocation, it shall be considered that he/she has accepted the newly introduced changes.
The End User assumes the obligation to read the Terms and Conditions of Use again from time to time in order to learn about any possible changes. If the User uses the web pages after the Terms and Conditions have been changed, it shall be assumed that he/she has learned about the changes, as well as that he/she understands and fully accepts the same. mStart shall not be liable for any kind of damage caused to the users, registered users or third parties due to such changes.
3) Computer Equipment
The End User is solely and exclusively responsible for the supply, use and maintenance of his/her own computer equipment, including without limitation the complete owned and used software and hardware, as well as other equipment required to access and use mStart’s web pages, along with all the related costs. mStart shall not be liable for any damage to End User equipment that may arise from the use of these web pages
4) End User Conduct
The web pages currently contained within this domain and any other web pages that may be added in the future or made available in some other manner, e.g. via external links, are private property of mStart..
All mutual interaction that is carried out via these web pages must be in accordance with the Terms and Conditions of Use and the user is obligated to carry out all activities related to the use of these web pages in accordance with all applicable legal regulations of the Republic of Croatia.
It is forbidden to publish, use, transmit, send or exchange any material or content that infringes on or compromises privacy, vulgar content or content considered undesirable in normal communication for some other reason, content that compromises and/or violates the rights of others, particularly such material or content that is by its nature illegal, compromising, offensive, derogatory, in violation of the valid legal regulations of the Republic of Croatia and especially the illegal, false or untrue, misleading, offensive, derogatory, vulgar, obscene, threatening, disturbing, racist or chauvinist content, content that violates the intellectual property rights of third parties, content through which personal information is disclosed in an unauthorized manner or which violates the right to personality of third persons or other users, and other inappropriate content, as well as content that may cause damage to mStart and its affiliated companies, other users or third parties, including, among other, content soliciting others to engage in criminal conduct entailing civic liability or in some other manner violates any regulation and which, without explicit, prior written consent of mStart, contains advertisements or offers of any products and services of others. The End User is not allowed to use these web pages for advertisement purposes or for carrying out any kind of commercial, religious, political or non-commercial promotional campaign, which also includes inviting the users of these web pages to become users of some other online or offline service that represents direct or indirect competition or potential competition to mStart
Any conduct by End Users which, in mStart’s sole discretion, restricts or inhibits any other end user from using the web pages shall be strictly forbidden.
5) Intellectual Property
These web pages contain material protected by copyright, trademark or design right, other information protected by other rights of natural or legal persons, including without limitation texts, software, photographs, video materials, graphics, music, sound, as well as the entire content of the web pages, in accordance with the regulations of the Republic of Croatia. mStart has an exclusive right to use all material (texts, photographs, images, drawings, audio and video material, and other), protected product and service symbols (trademarks), logotypes and other content contained in the web pages or the same are used on the basis of an explicit prior consent of the owners of the relevant copyright, trademark and/or design right. mStart is the registered trademark of the mStart Company and all rights referring to this trademark are therefore expressly reserved. Unless stated otherwise, all other trademarks appearing within the system shall be considered intellectual property of their respective owners. mStart is the owner of copyrights concerning the selection, coordination, posting and improvement of such content, as well as the rights associated with the original content.
Copying, distribution, transmission, publishing, reproduction, alteration, revision, transfer, linking, deep linking, creation of derivatives or changing these web pages in some other manner which is not expressly allowed under these General Terms and Conditions without mStart’s explicit written consent shall be strictly forbidden! Any violation of these Terms and Conditions that may result in infringement on copyright, trademark right or any other type of intellectual property right may lead to instigation of civil, commercial and/or criminal and/or minor offence proceedings against the breaching party.
mStart allows its users to use the downloaded material and publish the same in newspapers, magazines and electronic media exclusively for promotional, editorial and informative purposes subject to the following conditions:
The transmitted textual content may not exceed 600 characters regardless of whether the original content is transmitted in whole or to several different locations. In doing so, the integrity of the original content must be respected.
If content (text, photograph, video material or other) is transmitted from digital platforms, a direct link shall be provided at the beginning, within or at the end of the textual content which leads to the original content of the other party and allows the opening of the original text in a separate web browser window in the source domain.
The initial completeness of the transmitted content must be retained. Changing of the original meaning and completeness of the original content (by shortening of texts for editing purposes or providing free interpretation of the original content) shall not be allowed for the purpose of avoiding possible misunderstandings with regards to proving the origin of a particular piece of information or establishing the (non)acceptable degree of free interpretation of content.
The photographs and video material used for editorial purposes must include an indication which confirms mStart as the source.
End Users may download, print and save copyrighted material for their own purposes. The use and printing of content from the web pages is allowed if intended exclusively for informative, personal and non-commercial purposes.
The End User agrees not to post, publish or in any other manner make any material subject to copyright, trademark right or any other intellectual property right available on these web pages without the explicit consent of the owner of the relevant right. The End User shall be solely and exclusively responsible for the damage that may arise due to violations of copyrights, unauthorized use of trademarks or infringement on other intellectual property rights or any other problems that may arise in connection with the publishing of such material.
mStart shall not assume the obligation to inform the End User or help him/her establish whether certain material is subject to copyright or not.
By posting material on any of the publicly available parts of these web pages, the End User represents and warrants under criminal and substantive liability that he/she is the owner of the rights over such material and expressly grants mStart a royalty-free, perpetual, irrevocable and non-exclusive right to use, publish, copy, reproduce, modify, adjust, translate and/or distribute such material (in part or in full) in the entire world without any time limitations. The End User also grants other end users the right to access, browse, save or reproduce such material for their own use.
The terms and conditions specified in this Chapter shall equally apply to mStart, its subsidiaries, affiliated companies and third-party service providers and licensed companies, and each of them shall have the right to directly and in their own name enforce these terms and conditions.
6) Licenses and Trademarks
By publishing material or content on or via these web pages, the End User grants mStart a royalty-free, territorially and temporally unlimited license to use, reproduce, modify, publish, adjust, translate, distribute, apply and present the relevant communication per se or as part of a greater whole, in any form, on any medium, through the application of any technology, currently known or subsequently developed, as well as sharing of such rights with multiple license sharers.
By using or accessing these web pages, the User shall not acquire, explicitly or implicitly, no licenses or rights allowing him/her to use the trademarks, patents, designs, copyrights or any other rights that belong to mStart and/or any third party. The users and registered users shall be liable for respecting copyrights and other intellectual property rights with respect to such content.
7) Warranty Statement and Disclaimer
The End User expressly agrees to use these web pages on their own responsibility. mStart, its subsidiaries, parent companies or any of their employees, agents, third-party service providers or licensed companies do not warrant that the use of these web pages will not be discontinued or that it will be error-free; and shall not assume liability for (i) any consequences arising from the use of these web pages or (ii) the accuracy, reliability or content of any information, service or good provided via these web pages.
This Disclaimer shall refer to all direct or indirect damage or possible injuries caused by any poor character trait, error, omission, interruption, deletion, defect or delay in operation or transmission, computer virus, communication disruption, theft, destruction or unauthorized access, alteration or unauthorized use of records, termination of agreement, inappropriate behavior, neglect or any other act. The End User expressly confirms that mStart shall not be held liable for offensive, inappropriate or illegal behavior of other users or third parties and that the End User shall be fully liable for the risk of potential damage.
In no event shall mStart or any other natural or legal person involved in the creation, production or distribution of these web pages, the related content or any software be held liable for any damage that may arise from using or impossibility to use these web pages. The End User expressly confirms that the terms and conditions specified in this chapter refer to the entire content of these web pages.
In addition to the above-mentioned terms and conditions, mStart, the holding company, its subsidiaries, information providers or partners that are responsible for content maintenance shall not be liable, regardless of the cause or duration, for any error, inaccuracy or other deficiency, inappropriateness or non-originality of information contained in these web pages, or for any delay or disruption in the transmission of information to the end user, as well as any claims or losses that may arise from the same. None of the above-mentioned parties shall be liable for any claims or losses of third parties, including the lost profits.
mStart shall not be liable for any content the user, subscriber or unauthorized user may post on these web pages. Any posted content which is or may be considered inappropriate may at any time be removed by mStart. mStart reserves the right to change, adjust, modify, delete or remove any content it deems inappropriate. mStart shall not be liable to anyone for any direct, indirect, special or consequential damage arising from the use of these or other web pages, including without limitation the loss of profits, disruption in operation, loss of program or other data on your data processing systems and other, even if we are notified about such damage in writing.
mStart reserves the right to cancel any End User passwords or user accounts with immediate effect if the relevant End User engages in conduct that mStart deems, in its sole discretion, non-acceptable and in violation of these Terms and Conditions. If passwords or user accounts are canceled, these Terms and Conditions shall nevertheless remain in effect and govern the relationship between the End User and mStart.
mStart intends to use the names, logotypes, symbols, trademarks and other protected content appearing on this website exclusively in areas for which it is authorized on the basis of trademark registration, license or in some other manner. For the avoidance of doubt, mStart hereby represents and warrants that the company shall not use the names, logotypes, symbols, trademarks or any other protected content in areas for which it is not authorized, as well as that the company shall not deliver or offer products and/or services containing such protected content in such areas. The use of the protected content on this website is in violation of the provisions of these Terms and Conditions and unauthorized use of the same is strictly forbidden.
mStart shall have the right but not the obligation to control the content contained in these web pages at any moment, including any chat rooms and forums that could be contained as part of these web pages, in order to ensure compliance with these Terms and Conditions of Use, as well as any other rules prescribed by mStart or any other applicable law, regulation or some other act. Without prejudice to the afore-mentioned, mStart reserves the right to remove any material which is, in its sole discretion, in violation of the rules defined herein or if it establishes that particular material is of a questionable nature for some other reason. mStart shall not be required to respond to interactive content.
mStart shall assume no liability for the accuracy of information it provides. The receivers of information shall use such information on their own responsibility. mStart provides no assurances that any reported problems shall be resolved by using the information provided by mStart. Delivery of information by mStart shall not entail granting of any copyright or patent licenses, or licenses for other types of intellectual property rights.
The End User confirms that all comments, private messages, forums, chat rooms and/or other methods for sending messages or engaging in mutual communication (hereinafter referred to as: Communities) are of a public not private nature and that the employees of mStart may therefore control the communication between the End Users without their knowledge or express permission.
mStart shall not control and/or authorize such content, messages or information that can be found in any of the Communities and shall thus not be liable for any actions arising from the End User’s participation in any of the Communities, including the liability for possible disputable content.
10) Data Confidentiality
mStart does not wish to receive any confidential or ownership-related information from the Users via this website. Any information or material sent to mStart shall be considered NON-CONFIDENTIAL. By sending any kind of information or material to mStart, the End User grants mStart an unlimited and irrevocable license to use, copy, present, activate, modify, transmit and distribute such material or information, and agrees that mStart may freely use any ideas, concepts, knowledge or technique for any purpose. However, mStart shall not publish the name of the User or in some other manner publicize the fact that a particular User has submitted certain material or other information to the company unless mStart: (a) obtains the User’s permission to use his/her name; (b) sends prior notification to the User informing him/her that the material or some other information submitted to a specific part of these web pages shall be published or in some other manner used together with the name of the User; or (c) is required to do so by law.
Any type of communication submitted by the End User shall be deemed non-confidential. If particular web pages allow publishing of communications that mStart shall treat as confidential, this shall be mentioned in the relevant web pages. By publishing comments, messages or other information on these web pages, the End User grants mStart the right to use such comments, messages or information for the purpose of promotion, advertising, market research or any other legal purpose. For more information, please refer to the mStart’s Privacy Statement.
The material sent or made available via these web pages is not and shall not be considered a trade secret, secret or confidential. By providing material via mStart’s website, the End User authorized mStart and/or its affiliated companies to use such material unlimitedly for any purpose, including copying, transmission, publishing, broadcasting or some other use, without the obligation of paying any fees.
The End User agrees to indemnify and hold mStart, the holding company, its subsidiaries, responsible persons, employees and agents harmless with regards to all damage and cost compensation claims, including the cost of legal representation which may arise from the use of these web pages by the End User.
12) Third-party Content
mStart, as well as other Internet Service Providers (ISP), is a distributor (and not publisher) of the content provided by third parties and End Users. Any opinions, advice, statements, services, offers, other information or content posted by third parties, including public information providers or any end users originate from particular authors or distributors and not from mStart. Neither mStart nor any third-party information providers shall guarantee the accuracy, completeness or usefulness of any content, its sales potential or adequacy for any specific use.
mStart shall not authorize any information available on the web pages that represents an opinion or rating of a particular information provider, end user or some other user who is not in a contractual relationship with mStart and shall therefore not be liable for the accuracy or reliability of any opinion, advice or statement published on the web pages by a person who is not an authorized employee of mStart or who is not acting according to his/her official duty. Under no condition shall mStart assume liability for any loss or damage arising from the fact that the end user relied on the information obtained through these web pages. It shall be the sole responsibility of the End User to assess the accuracy, completeness or usefulness of any information, opinion, view, advice or any other content available through these web pages.
mStart’s web pages contain links to third-party websites maintained by other service providers. These links have been provided solely for practical purposes and not as mStart’s confirmation of the content contained in such third-party websites and mStart expressly denies any connection with the content or accuracy of the material contained in third-party websites.
13) Severability of Provisions
Should any of the provisions of these Terms and Conditions of Use be declared null and void, this shall not affect the validity of any other provision prescribed under these Terms and Conditions and the rest of the Terms and Conditions shall remain in effect
If any of the parties should decide not to use their rights arising out of these Terms and Conditions, this shall not be considered waiver or loss of such or any other mentioned rights in the future.
15) Dispute Resolution
All matters which are not regulated under these Terms and Conditions shall be subject to the Civil Obligations Act.
The parties shall attempt to settle all disputes arising out of these Terms and Conditions amicably. All disputes or claims that may arise from using these web pages, in connection with these Terms and Conditions or the enforcement of the same shall be settled before the competent court in Zagreb in accordance with the substantive Croatian law.
16) Validity Period of the Terms and Conditions of Use
These Terms and Conditions of Use shall become effective on May 1, 2015 and shall continue to apply until revoked by mStart.