Last updated: November 17, 2015
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the http://tourgent.cowebsite (the "Service") operated by Tourgent j.d.o.o. ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms.These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part ofthe terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materialsand other information we may send. However, you may opt out of receiving any, or all, of these communicationsfrom us by following the unsubscribe link or instructions provided in any email we send.
Our Service allows you to post, link, store, share and otherwise make available certain information, text,graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or throughthe Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you ownit) and/or you have the right to use it and the right to grant us the rights and license as provided in theseTerms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights,publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the rightto terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service andyou are responsible for protecting those rights. We take no responsibility and assume no liability for Contentyou or any third party posts on or through the Service. However, by posting Content using the Service you grantus the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute suchContent on and through the Service.
Tourgent j.d.o.o. has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Tourgent j.d.o.o. or used with permission.You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in wholeor in part, for commercial purposes or for personal gain, without express advance written permission fromus.
When you create an account with us, you guarantee that you are above the age of 18, and that the information youprovide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information mayresult in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limitedto the restriction of access to your computer and/or account. You agree to accept responsibility for any and allactivities or actions that occur under your account and/or password, whether your password is with our Serviceor a third-party service. You must notify us immediately upon becoming aware of any breach of security orunauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, aname or trademark that is subject to any rights of another person or entity other than you, without appropriateauthorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Contentposted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of anyperson or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has beencopied in a way that constitutes copyright infringement, please submit your claim via email [email protected], with the subject line: "Copyright Infringement" and include in your claim a detaileddescription of the alleged Infringement as detailed below, under"DMCA Notice and Procedure forCopyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faithclaims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our CopyrightAgent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at [email protected]
The Service and its original content (excluding Content provided by users), features and functionality are andwill remain the exclusive property of Tourgent j.d.o.o. and its licensors. The Service is protected by copyright,trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress maynot be used in connection with any product or service without the prior written consent of Tourgent j.d.o.o..
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Tourgentinc.
Tourgent j.d.o.o. has no control over, and assumes no responsibility for the content, privacy policies, or practicesof any third party web sites or services. We do not warrant the offerings of any of these entities/individualsor their websites.
You acknowledge and agree that Tourgent j.d.o.o. shall not be responsible or liable, directly or indirectly, for anydamage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content,goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites orservices that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice orliability, under our sole discretion, for any reason whatsoever and without limitation, including but notlimited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
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 ofliability.
You agree to defend, indemnify and hold harmless Tourgent j.d.o.o. and its licensee and licensors, and theiremployees, contractors, agents, officers and directors, from and against any and all claims, damages,obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees),resulting from or arising out of a) your use and access of the Service, by you or any person using your accountand password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Tourgent j.d.o.o., nor its directors, employees, partners, agents, suppliers, or affiliates, beliable for any indirect, incidental, special, consequential or punitive damages, including without limitation,loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of orinability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) anycontent obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions orcontent, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether ornot we have been informed of the possibility of such damage, and even if a remedy set forth herein is found tohave failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. TheService is provided without warranties of any kind, whether express or implied, including, but not limited to,implied warranties of merchantability, fitness for a particular purpose, non-infringement or course ofperformance.
Tourgent j.d.o.o. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will functionuninterrupted, secure or available at any particular time or location; b) any errors or defects will becorrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Servicewill meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liabilityfor consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Republic of Croatia, European Union, withoutregard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Ifany provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions ofthese Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service,and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision ismaterial we will provide at least 30 days notice prior to any new terms taking effect. What constitutes amaterial change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by therevised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.