TOS / Uslovi korišćenja
Kao što možete da vidite, uslovi korišćenja
su na Engleskom jeziku. Zašto? Pa zato što zakon kod nas maltene
da i ne poznaje internet kao način funkcionisanja, tako da smo naše
uslove korišćenja postavili na engleskom. Ono što je bitno da napomenemo
jeste da je zaista potrebno da pročitate ove uslove, ili nadjete
nakog da Vam ih pročita (ako ne znate engleski) i da ako se ne slažete
sa bilo kojim delom ovih uslova, molimo Vas da ne korisite naš sajt.
0. Preambula
Korisnik je obavešten da su uslovi
korišćenja na ENGLESKOM jeziku, i samim korišćenjem sajta Zbrka.com
saglasan je sa sledećom izjavom: pročitao/la sam sve uslove i/ili
mi ih je neko preveo, u potpunosti razumem sve uslove korišćenja
i saglasan/na sam sa svim uslovima navedenim na ovoj strani.
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all
Content available through the zbrka.com domain name, the "zbrka.com
Website", or "Website"), YOU SIGNIFY YOUR ASSENT
TO THESE TERMS AND CONDITIONS. If you do not agree to any of these
terms, then please do not use the zbrka.com Website.
2. zbrka.com Website
These Terms of Service apply to all users of the zbrka.com Website.
The zbrka.com Website may contain links to third party websites.
zbrka.com assumes no responsibility for, the content, privacy policies,
or practices of any third party websites. In addition, zbrka.com
will not and cannot censor or edit the content of any third-party
site. By using the Website, you expressly relieve zbrka.com from
any and all liability arising from your use of any third-party website.
Accordingly, we encourage you to be aware when you leave the zbrka.com
Website and to read the terms and conditions and privacy policy
of each other website that you visit.
3. Website Access
A. zbrka.com hereby grants you permission to use the Website, provided
that: (i) your use of the Website as permitted is solely for your
personal, noncommercial use; (ii) you will not copy or distribute
any part of the Website in any medium without zbrka.com's prior
written authorization; (iii) you will not alter or modify any part
of the Website other than as may be reasonably necessary to use
the Website for its intended purpose; and (iv) you will otherwise
comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have
to create an account. You may never use another's account without
permission. When creating your account, you must provide accurate
and complete information. You are solely responsible for the activity
that occurs on your account, and you must keep your account password
secure. You must notify zbrka.com immediately of any breach of security
or unauthorized use of your account. Although zbrka.com will not
be liable for your losses caused by any unauthorized use of your
account, you may be liable for the losses of zbrka.com or others
due to such unauthorized use.
C. You agree not to use or launch any automated system, including
without limitation, "robots," "spiders," "offline
readers," etc., that accesses the Website in a manner that
sends more request messages to the zbrka.com servers in a given
period of time than a human can reasonably produce in the same period
by using a convention on-line web browser. Notwithstanding the foregoing,
zbrka.com grants the operators of public search engines permission
to use spiders to copy materials from the site for the sole purpose
of creating publicly available searchable indices of the materials,
but not caches or archives of such materials. zbrka.com reserves
the right to revoke these exceptions either generally or in specific
cases. You agree not to collect or harvest any personally identifiable
information, including account names, from the Website, nor to use
the communication systems provided by the Website for any commercial
solicitation purposes. You agree not to solicit, for commercial
purposes, any users of the Website with respect to their User Submissions.
4. Intellectual Property Rights
The content on the zbrka.com Website, except third party videostreams
and User Submissions (as defined below), including without limitation,
the text, software, scripts, graphics, photos, sounds, music, videos,
interactive features and the like ("Content") and the
trademarks, service marks and logos contained therein ("Marks"),
are owned by or licensed by their respective owners, and are subject
to copyright and other intellectual property rights under Serbian
and foreign laws and international conventions. Content on the Website
is provided to you AS IS for your information and personal use only
and may not be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for
any other purposes whatsoever without the prior written consent
of the respective owners. zbrka.com reserves all rights not expressly
granted in and to the Website and the Content. You agree to not
engage in the use, copying, or distribution of any of the Content
other than expressly permitted herein, including any use, copying,
ordistribution of User Submissions of third parties obtained through
the Website for any commercial purposes. If you download or print
a copy of the Content for personal use, you must retain all copyright
and other proprietary notices contained therein. You agree not to
circumvent, disable or otherwise interfere with security related
features of the zbrka.com Website or features that prevent or restrict
use or copying of any Content or enforce limitations on use of the
zbrka.com Website or the Content therein.
5. User Submissions
A. The zbrka.com Website may now or in the future permit the submission
of videos or other communications submitted by you and other users
("User Submissions") and the hosting, sharing, and/or
publishing of such User Submissions. You understand that whether
or not such User Submissions are published, zbrka.com does not guarantee
any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions
and the consequences of posting or publishing them. In connection
with User Submissions, you affirm, represent, and/or warrant that:
(i) you own or have the necessary licenses, rights, consents, and
permissions to use and authorize zbrka.com to use all patent, trademark,
trade secret, copyright or other proprietary rights in and to any
and all User Submissions to enable inclusion and use of the User
Submissions in the manner contemplated by the Website and these
Terms of Service; and (ii) you have the written consent, release,
and/or permission of each and every identifiable individual person
in the User Submission to use the name or likeness of each and every
such identifiable individual person to enable inclusion and use
of the User Submissions in the manner contemplated by the Website
and these Terms of Service. For clarity, you retain all of your
ownership rights in your User Submissions. However, by submitting
the User Submissions to zbrka.com, you hereby grant zbrka.com a
worldwide, non-exclusive, royalty-free, sublicenseable and transferable
license to use, reproduce, distribute, prepare derivative works
of, display, and perform the User Submissions in connection with
the zbrka.com Website and zbrka.com's (and its successor's) business,
including without limitation for promoting and redistributing part
or all of the zbrka.com Website (and derivative works thereof) in
any media formats and through any media channels. You also hereby
grant each user of the zbrka.com Website a non-exclusive license
to access your User Submissions through the Website, and to use,
reproduce, distribute, prepare derivative works of, display and
perform such User Submissions as permitted through the functionality
of the Website and under these Terms of Service.
C. In connection with User Submissions, you further agree that you
will not: (i) submit material that is copyrighted, protected by
trade secret or otherwise subject to third party proprietary rights,
including privacy and publicity rights, unless you are the owner
of such rights or have permission from their rightful owner to post
the material and to grant zbrka.com all of the license rights granted
herein; (ii) publish falsehoods or misrepresentations that could
damage zbrka.com or any third party; (iii) submit material that
is unlawful, obscene, defamatory, libelous, threatening, pornographic,
harassing, hateful, racially or ethnically offensive, or encourages
conduct that would be considered a criminal offense, give rise to
civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business: (v) impersonate
another person. zbrka.com does not endorse any User Submission or
any opinion, recommendation, or advice expressed therein, and zbrka.com
expressly disclaims any and all liability in connection with User
Submissions. zbrka.com does not permit copyright infringing activities
and infringement of intellectual property rights on its Website,
and zbrka.com will remove all Content and User Submissions if properly
notified that such Content or User Submission infringes on another's
intellectual property rights. zbrka.com reserves the right to remove
Content and User Submissions without prior notice. zbrka.com will
also terminate a User's access to its Website, if they are determined
to be a repeat infringer. A repeat infringer is a User who has been
notified of infringing activity more than twice and/or has had a
User Submission removed from the Website more than twice. zbrka.com
also reserves the right to decide whether Content or a User Submission
is appropriate and complies with these Terms of Service for violations
other than copyright infringement and violations of intellectual
property law, such as, but not limited to, pornography, obscene
or defamatory material, or excessive length. zbrka.com may remove
such User Submissions and/or terminate a User's access for uploading
such material in violation of these Terms of Service at any time,
without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof
and believe that any User Submission or other content infringes
upon your copyrights, you may submit a notification pursuant to
the Digital Millennium Copyright Act ("DMCA") by providing
our Copyright Agent with the following information in writing (see
17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed;
(ii) Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list
of such works at that site;
(iii) Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled and information reasonably
sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider
to contact you, such as an address, telephone number, and, if available,
an electronic mail;
(v) A statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate,
and under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
E. You understand that when using the zbrka.com Website, you will
be exposed to User Submissions from a variety of sources, and that
zbrka.com is not responsible for the accuracy, usefulness, safety,
or intellectual property rights of or relating to such User Submissions.
You further understand and acknowledge that you may be exposed to
User Submissions that are inaccurate, offensive, indecent, or objectionable,
and you agree to waive, and hereby do waive, any legal or equitable
rights or remedies you have or may have against zbrka.com with respect
thereto, and agree to indemnify and hold zbrka.com, its Owners/Operators,
affiliates, and/or licensors, harmless to the fullest extent allowed
by law regarding all matters related to your use of the site.
F. zbrka.com permits you to link to materials on the Website for
personal, non-commercial purposes only. In addition, zbrka.com provides
an "Embeddable Player" feature, which you may incorporate
into your own personal, non-commercial websites for use in accessing
the materials on the Website, provided that you include a prominent
link back to the zbrka.com website on the pages containing the Embeddable
Player. zbrka.com reserves the right to discontinue any aspect of
the zbrka.com Website at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE zbrka.com WEBSITE SHALL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, zbrka.com, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE
THEREOF. zbrka.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT
OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO
OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS
OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE zbrka.com WEBSITE.
zbrka.com DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE zbrka.com WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND zbrka.com WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR
IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL zbrka.com, ITS OFFICERS, DIRECTORS, EMPLOYEES,
OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING
FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE zbrka.com
WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT zbrka.com SHALL NOT BE LIABLE
FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT
OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by zbrka.com from its facilities
in Serbia. zbrka.com makes no representations that the zbrka.com
Website is appropriate or available for use in other locations.
Those who access or use the zbrka.com Website from other jurisdictions
do so at their own volition and are responsible for compliance with
local law.
8. Indemnity
You agree to defend, indemnify and hold harmless zbrka.com, its
parent corporation, officers, directors, employees and agents, from
and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney's
fees) arising from: (i) your use of and access to the zbrka.com
Website; (ii) your violation of any term of these Terms of Service;
(iii) your violation of any third party right, including without
limitation any copyright, property, or privacy right; or (iv) any
claim that one of your User Submissions caused damage to a third
party. This defense and indemnification obligation will survive
these Terms of Service and your use of the zbrka.com Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an
emancipated minor, or possess legal parental or guardian consent,
and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth
in these Terms of Service, and to abide by and comply with these
Terms of Service. In any case, you affirm that you are over the
age of 13, as the zbrka.com Website is not intended for children
under 13. If you are under 13 years of age, then please do not use
the zbrka.com Website—there are lots of other great web sites
for you. Talk to your parents about what sites are appropriate for
you.
10. Assignment
These Terms of Use, and any rights and licenses granted hereunder,
may not be transferred or assigned by you, but may be assigned by
zbrka.com without restriction.
11. Google ADS & Other ADS
* Google, as a third party vendor, uses cookies to serve ads on
our site.
* Google's use of the DART cookie enables it to serve ads to your
users based on their visit to our site and other sites on the Internet.
* Users may opt out of the use of the DART cookie by visiting the
Google
ad and content network privacy policy.
We use third-party advertising companies
to serve ads when you visit our website. These companies may use
information (not including your name, address, email address, or
telephone number) about your visits to this and other websites in
order to provide advertisements about goods and services of interest
to you. If you would like more information about this practice and
to know your choices about not having this information used by these
companies, click
here.
12. General
You agree that: (i) the zbrka.com Website shall be deemed solely
based in Serbia; and (ii) the zbrka.com Website shall be deemed
a passive website that does not give rise to personal jurisdiction
over zbrka.com, either specific or general, in jurisdictions other
than Serbia. These Terms of Service shall be governed by the internal
substantive laws of The Serbia, without respect to its conflict
of laws principles. Any claim or dispute between you and zbrka.com
that arises in whole or in part from the zbrka.com Website shall
be decided exclusively by a court of competent jurisdiction located
in The Serbia. These Terms of Use and any other legal notices published
by zbrka.com on the Website, shall constitute the entire agreement
between you and zbrka.com concerning the zbrka.com Website. If any
provision of these Terms of Use is deemed invalid by a court of
competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms of
Service, which shall remain in full force and effect. No waiver
of any term of this these Terms of Service shall be deemed a further
or continuing waiver of such term or any other term, and zbrka.com's
failure to assert any right or provision under these Terms of Use
shall not constitute a waiver of such right or provision. zbrka.com
reserves the right to amend these Terms of Use at any time and without
notice, and it is your responsibility to review these Terms of Use
for any changes. Your use of the zbrka.com Website following any
amendment of these Terms of Use will signify your assent to and
acceptance of its revised terms. YOU AND zbrka.com AGREE THAT ANY
CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE zbrka.com WEBSITE
MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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