Terms and conditions
Last Revised Date: September 10, 2019
Welcome to the website of Direct4.me and its affiliates (collectively, “Direct4.me”) and Direct4.me’s other online locations such as Facebook, Twitter, YouTube etc. (the “Websites”, and each a “Website”), operated exclusively in Slovenia and Croatia by:
Kivi Com, d.o.o.
2380 Slovenj Gradec,
Tel: (+386) 2 88 39 400
Fax: (+386) 2 88 41 119
Corporate registration number 5794617
Direct4.me’s affiliates include without limitation the entities operating the Website and other entities that may be affiliated with Direct4.me.
If you have a question whether a website is a website of Direct4.me, or if an entity is an affiliate of Direct4.me, Inc. please check the information posted on the site or contact us at firstname.lastname@example.org
User of Direct4.me websites is any person who, as a visitor, uses company’s website www.direct4.me or related websites.
Please carefully read the following Terms before using the Website. By accessing the Website, you acknowledge that you have read, understood and agree to be bound by these Terms which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Website.
These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. Each time you access, use or browse the Website, you signify your acceptance of the then-current Terms. Any changes in these Terms take effect upon posting and apply only to use of the Website and information collected from you on and after Last Revised date, unless we provide notice or have other communications with you.
The Website is directed to persons 18 years of age or older. If you are 13-17 years of age, you may visit, browse and use the information on the Website, but you may not submit any personal information to the Website, and you represent and warrant to Direct4.m4 that you have the permission of your parent or legal guardian to use the Website and any activities on the Website, and your parent or legal guardian agrees to these Terms on your behalf. Any personally identifiable information submitted to the Website of a child under 18 years must be provided only by a child’s parent or legal guardian. The parent or legal guardian represents and warrants to Direct4.me that the information being provided is solely for the purpose of Direct4.m4 being able to conduct its business and that the parent or guardian agrees to these Terms on their minor child. If you are under the age of 13 years old, you may not use the website.
PERMITTED USE OF WEBSITE
The content available through the Website, including without limitation text, graphics, logos, icons, images, media, data, audio, animation, videos, charts, maps, software and other information and materials (collectively, the “Content”) is the sole and exclusive property of Direct4.me and/or its licensors. You agree not to produce, duplicate, modify, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or the Content other than as expressly authorized by Direct4.me in writing. Use of the Website or the Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under European Union or international law. You agree not to access the Website by any means other than through a standard web browser.
You may not duplicate, publish, display, modify, distribute, perform, reproduce, copy, sell, resell, exploit or create derivative works from any part of the Website or Content unless expressly authorized by Direct4.me in writing. You agree that you will not remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on the Website or in the Content.
The Website may restrict access to the site or to sections or features of the site. A separate agreement that addresses access and use may apply to those sites, sections or features. In the event that you are required to select a username or password to access those sites, sections or features, you are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password, whether by you or others. You authorize Direct4.me to act on instructions received through use of your password, and agree that Direct4.me is not liable for any loss or damage arising from your failure to comply with this Section. You agree to immediately notify Direct4.me at email@example.com of any unauthorized use of your password or any other breach of security.
You acknowledge and agree that, as between Direct4.me and you, all rights, title, and interest in and to the Website and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Direct4.me or its licensors, are valid and enforceable, and are protected by European Union intellectual property laws and other applicable laws.
All Content included in the Website is the copyright and property of Direct4.me or its content suppliers and protected by EU and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Website for the sole purpose of using the Website as a personal or internal resource or otherwise for its intended purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Website, is strictly prohibited.
The trademarks, service marks, logos, slogans, trade names and trade dress used on the Website are proprietary of Direct4.me or its licensors. Unauthorized use of any trademark of Direct4.me may be a violation of EU trademark laws. Any third- party names or trademarks referenced in the Website do not constitute or imply affiliation, endorsement or recommendation by Direct4.me, or of Direct4.me by the third parties.
YOUR INDEMNITY OF DIRECT4.ME
USER GENERATED CONTENT
Communications Services: We may have a Facebook, Twitter and/or YouTube or other pages and the Website may have blogs, chat areas, forums, comments, rankings, sweepstakes, contests, games, communities, calendars, and/or other message or communication facilities that are designed to enable you and others to communicate with Direct4.me and other users of the Website (collectively, “Communication Services”). You acknowledge that your submissions to the Website may be or become available to others. You agree only to post, send, and receive messages and materials that are proper and related to the particular Communication Service and to adhere to these Terms.
Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Direct4.me reserves the right to determine what types of conduct it considers to be inappropriate use of the Website. In the case of inappropriate use, Direct4.me or its designee may take such measures as it determines at its sole discretion.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Use the Website or the Content for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure or otherwise in a manner that may adversely affect performance of the Website or restrict or inhibit any other user from using and enjoying the Communication Services or the Website.
- Use the Website for unauthorized framing or linking, or via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content.
- Aggregate, copy, duplicate, publish, or make available any of the Content to third parties outside the Website in any manner.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, content, or information.
- Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Use any Website to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
- Harvest or otherwise collect information about others, including email addresses, without their consent.
- Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.
- Engage in any other action that, in the judgment of Direct4.me, exposes it or any third party to potential liability or detriment of any type.
Direct4.me will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Service security issues, to the fullest extent of the law. Direct4.me may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that Direct4.me has no obligation to monitor your access to or use of the Service or to review or edit any User Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Direct4.me reserves the right, at any time and without prior notice, to remove or disable access to any content, including any User Content, that Direct4.me, in its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service.
Links to Other Websites and Search Results: The Website may contain links to websites operated by other parties. The Website provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of Direct4.me which is not responsible for the content available on third party sites. Such links do not imply endorsement of information or material on any other site and Direct4.me disclaims all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that Direct4.me shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
MODIFICATION TO THE WEBSITE
Direct4.me reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Website, or any portion thereof, with or without notice. You agree that Direct4.me will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Website.
SUSPENSION AND TERMINATION RIGHTS
Direct4.me reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Website or any part thereof for reasons of any breach by you of these Terms. You agree that Direct4.me shall not be liable to you or any third party for any such suspension or termination.
THE WEBSITE AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS, SWEEPSTAKES, CONTESTS, DRAWINGS, OR OTHER ACTIVITIES OFFERED, CONTAINED IN OR ADVERTISED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION TEXT, VIDEO, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIRECT4.ME AND ITS LICENSORS, SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR USE OF THE WEBSITE AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK.
Without limiting the foregoing, you are responsible for taking all necessary precautions to insure, that any Content or access to the Website is free of viruses or other harmful code.
LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIRECT4.ME AND ITS RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THROUGH THE WEBSITE. IN NO EVENT SHALL DIRECT4.ME OR ANY OF ITS LICENSORS, SUPPLIERS OR RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF DIRECT4.ME ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE WEBSITE OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON OR THROUGH THE WEBSITE SHALL NOT EXCEED FIFTY (50) EURO.
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
CHOICE OF LAW, PLACE OF PERFORMANCE, PLACE OF JURISDICTION
- The Law of Republic of Slovenia applies. For consumers, this choice of law applies only insofar as this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).
- Place of performance for all services from our existing business relationships and jurisdiction is our headquarters, as far as you are not a consumer, but a merchant, a legal entity under public law or public special assets. The same applies if you do not have a general place of jurisdiction in Slovenia or the EU or your domicile or habitual residence is not known at the time the complaint is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
- The provisions of the UN Sales Convention explicitly do not apply.
Alternative Dispute Resolution: The European Commission provides a platform for out-of-court online consumer dispute resolution (EU Directive 524/2013), available at https://ec.europa.eu
Direct4.me shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including without limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.
Please direct any questions you may have about these Terms, technical questions or problems with the Website or the Services, or comments or suggestions to Direct4.me at firstname.lastname@example.org