Sailing Croatia Legal Notices
Terms of Service
Effective Date: 1.1.2020
Welcome to Sailing Croatia!
THESE TERMS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE LIABILITY OF SAILING CROATIA. PLEASE READ THESE TERMS IN THEIR ENTIRETY.
Description of Service
The Service is operated by Morski vodiči d.o.o., and includes the Application through which you order, subscribe to and receive various digital content and other publications, content and products (collectively, the “Publications”).
Certain portions of the Service are available only to individuals who have registered with and obtained a password from Sailing Croatia. You may not provide or use a password, email address, or any other information of anyone else in connection with the Services. You agree to provide true, accurate, current and complete information about yourself when you register with or order Publications from Sailing Croatia, and to maintain and promptly update that information to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, including the selection, licensing and use of all content and services.
The Service is only available to persons over the age of 18. By registering with Sailing Croatia, you certify that you are at least 18 years of age. Parents or guardians who allow children to use the Service shall bear sole responsibility for determining whether the content of the Service is suitable for such child.
Subject to these Terms, by using the Service, Sailing Croatia is granting you a limited, non-exclusive, personal, non-transferable license to retrieve and display the applicable Publication(s) for personal, non-commercial use and for no other purpose. You may not in any way make any Publications available, through any medium: (i) to any person or entity which causes the redistribution of the Publication(s) without the prior written permission of Sailing Croatia, (ii) for use in print, television or radio news media (including websites affiliated with or supporting entities engaged in such news distribution) without the prior written permission of Sailing Croatia, (iii) to any person or entity which links the Publication(s) to a website, or otherwise distributes or makes available material, which is pornographic, obscene, defamatory, harassing, grossly offensive, malicious in nature, or which infringes, or potentially infringes, any intellectual or other property rights (including copyright, patent, trademark and trade secret rights) of any person, or (iv) to any person or entity which uses or permits the use of the Publication(s) in any way that compromises the integrity thereof or which infringes any copyrights or proprietary interests of any third-party content provider. Sailing Croatia reserves the right to refuse service, terminate accounts, or cancel orders at any time in its sole discretion, including, without limitation, based on any activity by a subscriber in violation of these Terms or applicable laws and regulations.
The Service is controlled, operated and administered by Sailing Croatia from its offices and servers located within the European Union. If you access the Service from a location outside the European Union, you are responsible for compliance with all applicable local laws and regulations. You agree that you will not use the Service or any Publications accessed through the Service in any country or in any manner prohibited by the European Union Export Administration Act or any other applicable laws or regulations.
All content included as part of the Service, such as text, graphics, logos, button icons, images, as well as compilations thereof, and all software used in the Application, is the property of Sailing Croatia or its suppliers or licensors, and is protected by EU law, and applicable international laws and treaties, including without limitation copyright and other laws and treaties that protect intellectual property and proprietary rights. You agree to observe and abide by all such applicable laws and treaties, and to not alter, obscure or remove any copyright and other proprietary notices, legends (whether outlining restrictions on use or otherwise) contained in any such content.
Except as explicitly required under applicable copyright laws and treaties or permitted by the features of the Service and Sailing Croatia application, you may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works of, or in any way commercially exploit or provide to a third party access to the content of the Application, the Publications, or any portion of them without the express permission of Sailing Croatia.
Modifications to Service
We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) if there are reasonable circumstances justifying it, including the removal of Publications, with or without notice. Your continued use of the Service shall serve as your consent to any such modifications to the Service. To the maximum extent permitted by applicable law, you agree that Sailing Croatia shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL PUBLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SAILING CROATIA, ITS AFFILIATES, SUPPLIERS, LICENSORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER SAILING CROATIA NOR ITS AFFILIATES, SUPPLIERS, PUBLISHERS, LICENSORS OR AGENTS, MAKES ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THAT MAY BE CONTAINED IN THE PUBLICATIONS WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PUBLICATIONS OR THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY. SAILING CROATIA IS NOT RESPONSIBLE FOR YOUR INABILITY TO DOWNLOAD OR OTHERWISE ACCESS CONTENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAILING CROATIA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SAILING CROATIA NOR ITS AFFILIATES, SUPPLIERS LICENSORS, OR AGENTS BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF SAILING CROATIA FOR CLAIMS ARISING FROM YOUR USE OF THE SERVICE OR PUBLICATIONS OR OTHERWISE SHALL BE LIMITED TO THE FEES PAID BY YOU TO SAILING CROATIA FOR THE PORTION OF THE SERVICE OR PUBLICATION GIVING RISE TO THE CLAIM.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Sailing Croatia, its licensors, suppliers and any third-party content providers and their respective directors, officers, employees and agents from and against all claims, losses, expenses, damages and costs, including attorney’s fees, arising out of or resulting from (a) your use of the Service or the Publications, (b) your violation of these Terms, or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service or the Publications using your account.
Sailing Croatia may monitor the Service to determine compliance with these Terms and any operating rules established by Sailing Croatia, to ensure accurate and proper delivery and functionality of the Services, and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, Sailing Croatia may retain the right to remove any content that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable or in breach of Sailing Croatia’s or its licensors’ obligations.
Sailing Croatia may terminate the Service at any time. Without limiting the foregoing, Sailing Croatia may, in its sole discretion and without liability, terminate your password, or use of the Service for any reason, including, without limitation, if Sailing Croatia reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any termination of your access to the Service under any provision of these Terms may involve that Sailing Croatia may immediately deactivate or delete your account and all related information and/or bar any further access to the Service.
Certain of our Services are offered on a subscription basis (“Subscription”). A valid credit card or other payment method (“Billing Method”) accepted by Sailing Croatia is required at the time of registration for such Services, and you agree to be billed periodically, based on the length of your Subscription. You agree to keep all Billing Method and other required information current. All Subscriptions will include “Continuous Service” which enables you to receive uninterrupted access to such Service, and delivery of associated Publications until you cancel your Subscription. Before the end of the initial subscription period, Sailing Croatia will inform you in writing of the termination date of such period, allowing you to cancel the subscription before any charge is made. You will be billed automatically, at the end of your then-current offer terms applicable to that Service. You will be billed on day that your Subscription commenced for the total period of subscription. If your Billing Method has expired at the time of Subscription renewal, Sailing Croatia may immediately suspend, deactivate or delete your account and access to the Service. You may cancel a Subscription at any time. Where a Subscription is for a particular Publication, you will receive a refund for any unserved issues (see Refund Policy below).
Pricing and Tax
Purchase transactions will include VAT, GST, sales or indirect tax based on your billing address and the tax rates in effect at the time your transaction is completed. Sailing Croatia will only charge tax in countries or states where digital goods are taxable. No customers are eligible for tax exemptions for transactions made on the Service.
All pricing and tax on the Sailing Croatia iPad and iPhone apps will follow Apple’s iTunes Terms and Conditions.
Refund policy for iTunes and Googleplay
These Terms and the other rules, guidelines, licenses and disclaimers posted on in the Application constitute the entire agreement between Sailing Croatia and you with respect to your use of the Application and Service and supersede all previous written or oral agreements between us with respect to the subject matter hereof. These Terms shall be governed by the statutes and laws of the Crotia without regard to the conflicts of laws principles thereof, except where you are a EU-resident consumer and therefore local imperative law may apply. Except where you are a EU-resident consumer and local law apply recognizing your right to submit the conflicts before the courts of the country where you reside or to alternative conflict resolution systems, Any controversy or claim arising out of or relating to your use of the Application or Services shall be settled by arbitration. The number of arbitrators shall be one. The place of arbitration shall be Zagreb, Croatia. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Sailing Croatia may assign any contractual relationship arising from these Terms and your use of the Site and/or Services, without prior notice or your consent, to its parent company or other affiliated company, to a successor by operation of law, or by reason of the sale or transfer of all or substantially all of its stock or assets to another entity.
These Terms have been prepared in the English language and, for convenience purposes, may be translated into other languages. In the event of any inconsistencies between one or more translations of these Terms and the original English version, the English version of these Terms shall control.
Notification of Changes
Morski vodiči d.o.o.
Savska cesta 141/4