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Website Terms of Use

Introduction

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the www.pozzito.com. (“Website”) operated by Sedam IT d.o.o. Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website.

Scope of these Terms of Use

Effective as of January 1, 2017, Sedam IT d.o.o. with its branded product ‘Pozzito’ (“Pozzito”), have published terms that apply to the use of Website. For the purposes of these Terms of Use, the term, “Website”, shall refer to www.pozzito.com.

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS Pozzito’s Privacy Policy found here and Pozzito’s Cookie Policy found here. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. When you are accessing the Website you shall be subject to any posted guidelines or rules applicable to the Website, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.

These Terms do not apply to your access to and use of the products and services which we market for subscription on our Website (our “Services”). The practices and policies, including how we protect, collect, and use electronic data, text, messages, communications or other materials submitted to and stored within the Service by You are detailed in and governed by our Service Terms and Conditions, or such other applicable agreement between you and any member of the Pozzito relating to your access to and use of such Services.

1. Accessing the Website – Registration

When you access the Website, you are responsible for complying with these Terms of Use as well as any and all use of this Website through any account that you may setup through or on the Website; some Materials as well as access to the so-called Interactive Areas, such as forums and other community features that may allow you to receive information from Pozzito and/or to participate in certain features on the Websites will only be available to you if you have an account. You agree to provide true, accurate, current, and complete information for so long as you use the Website. Pozzito will use the information you provide in accordance with the Privacy Policy. Because it is your account, it is your responsibility to obtain and maintain all equipment, services and software needed for access to and use of the Website. It is also your responsibility to maintain the confidentiality of your password(s). Should you believe Your password or other security information for the Website has been breached in any way, you must immediately notify Pozzito at info@pozzito.com.

Pozzito reserves the right to require that you change your password or restrict your access to the Website as Pozzito deems reasonably necessary.

2. Changes to Terms and Website.

These Terms, or any part of them, can be modified by Pozzito, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Website after such posting will be deemed to constitute acceptance by you of such modifications, additions or deletions. Pozzito reserves the right, at its sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at Pozzito’s sole discretion. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website.

Pozzito may change or discontinue any aspect, service or feature of the Website at any time, including, but not limited to, content, availability, and equipment needed for access or use.

3. Permitted Use of the Website and User Submissions 

You are invited to use the Website for your personal and business purposes where you are purchasing Pozzito’s services for use in your business (“Permitted Uses”).

You must be at least 16 years old to open a Pozzito account which will be available to you on a worldwide basis.

Certain areas of the Website (e.g., chat rooms, customer ratings, review areas, community and support forums – so-called „interactive areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Pozzito does not guarantee that you will have any recourse through Pozzito or any third party to edit or delete any User Submission you have submitted.
The following terms apply to User Submissions submitted by you:

By submitting any User Submission, you represent and warrant that:

  • You are at least 16 years old;
  • You own all rights in your User Submissions (including, without limitation, all rights to the text, code, audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, You have acquired all necessary rights in your User Submissions ;
  • You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
  • You are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions;
  • Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, rules of social media sites, or any other legal or moral rights of any third party;
  • To the extent possible under any local laws, you voluntarily agree to waive all “moral rights” that you may have in your User Submission;
  • Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
  • your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
  • Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
  • You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
  • Your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than Your own);
  • Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
  • Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
  • Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

 

Any conduct that Pozzito, in its sole discretion, believes restricts or inhibits anyone else from using or enjoying the Website will not be permitted. Pozzito reserves the right in its sole discretion to remove or edit User Submissions submitted by you

By submitting a User Submission, Pozzito may, but is not obligated to, pre-screen User Submissions or monitor any area of the Website through which User Submissions may be submitted. Pozzito is not required to host, display, or distribute any User Submissions on or through the Website and may remove at any time or refuse any User Submissions for any reason. Pozzito is not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that Pozzito may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient.

You grant to Pozzito an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

 

Pozzito is not responsible for the accuracy or credibility of any User Submissions, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Submissions posted on the Website. Through your use of interactive areas of the Website, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using interactive areas of the Website , you assume all associated risks.
By submitting User Submissions to the Website, you automatically grant Pozzito a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense (through multiple tiers) and otherwise exploit such User Submissions (in whole or in part) in any form, media or technology now known or hereafter developed, without payment to you or to any third parties. Additionally, to the fullest extent permitted under applicable law, you waive your moral rights in the User Submissions and agree not to assert such rights against Pozzito.

  • Your conduct obligations while accessing and using the Website

The following terms apply to your conduct when accessing or using the Website: (a) you agree not to interfere with or disrupt the Website or the servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (b) you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website, use of the Website, or access to the Website; (c) you agree not to engage in any activity that would constitute a criminal offense or give rise to a civil liability; (d) you agree not to impersonate any person or entity, including, but not limited to, the Pozzito or any Pozzito employee, or falsely state or otherwise misrepresent your affiliation with any person or entity; and (e) you agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Website or posting private information about a third party.

4. Unauthorized Use of the Website

Any other use of the Website beyond the Permitted Uses is prohibited and, therefore, constitutes unauthorized use of the Website.

Pozzito or you may terminate your use of the Website at any time. Your use of the Website will automatically terminate in the event you breach any of these Terms. To clarify:

  • Unless otherwise agree with you in writing, Pozzito may terminate, suspend, or modify your registration with, or access to, all or part of the Website, without notice, at any time and for any reason.
  • You may discontinue your access to and use of the Website at any time. In the event of an automatic termination for breach, you must immediately destroy any downloaded or printed materials (and any copies thereof).

 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

5. Intellectual Property Rights. 

Pozzito respects the intellectual property rights of others, and it is asking you to do the same.  Pozzito may, in appropriate circumstances and at its discretion, terminate service and/or access to the Website for users who infringe the intellectual property rights of others.

You acknowledge that all text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, colour scheme, selection, combination and arrangement of the Content present on the Website is owned by or licensed to Pozzito. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.

Except with Pozzito’s express written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Website or Content (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose.

You may display, copy and download Content from the Website solely for your personal and non­-commercial use provided that: (a) you do not remove any copyright or proprietary notice from the Content; (b) such Content will not be copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such Content.

6.Disclaimer of Warranty; Limitation of Liability.

Disclaimers

THIS WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU. POZZITO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS MEANS THAT POZZITO DOES NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, Pozzito makes no warranty that the Website will meet your requirements or that the Website will be uninterrupted, timely, secure, or error free or that defects in the Website will be corrected. Pozzito makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy or reliability of any information obtained through the Website. No advice or information, whether oral or written, obtained by you through the Website or from Pozzito (or the respective officers, directors, employees, or agents of any such entities) shall create any warranty. Pozzito disclaims all equitable indemnities.

Limitation of Liability

To the fullest extent permissible by applicable law, in no event shall Pozzito, or its future parent or affiliated companies, be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the websites or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the websites, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the websites.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Therefore, some of the above disclaimers and limitations of liability may not apply to you. To the extent Pozzito may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the amount of Pozzito’s liability shall be limited to the minimum amount permitted under such applicable law.

7. Governing Law.

These Terms shall be governed and construed in accordance with the laws of Republic of Croatia without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms. All lawsuits arising from or relating to these Terms or your use of the Website shall be brought in the courts in Zagreb and You hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

The failure of Pozzito to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the intentions of Pozzito and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect.

Please report any violations of these Terms to the info@pozzito.com.

These Terms and any operating rules for the Website established by Pozzito constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

8. Contact Us:

If you have any questions about these Terms, please contact us at info@pozzito.com.

These Terms were published on January 1, 2017.