TERMS OF USE
Latest modification: 1 August 2023
Accepting the Terms of Use
1.1. In case of accessing and/or using the following platforms and the relevant web portals and mobile applications (domains and subdomains):
sensa.mondo.rs; yumama.mondo.rs, lepaisrecna.mondo.rs, nationalgeographic.rs, elle.rs, stvarukusa.mondo.rs, wanted.mondo.rs, kurir.rs, stil.kurir.rs, adriamedia.tv, espreso.co.rs, glossy.espreso.co.rs i mondo.rs (hereinafter under the common term: Portal/Application), the user of the Portal/Application confirms that he is aware and agrees with the provisions and terms set out in the following text which are binding.
1.2. These Terms of Use (hereinafter: Terms of Use apply as any other contract in writing, and they are concluded between: a) the Business Company which is the owner and the person that manages the Portal/Application from Article 1.3. of these Terms of Use and b) Every Individual Visitor and/or User of the Portal/Application and their functionalities (hereinafter: User).
1.3. The Business Companies which are the owners of the platforms and the relevant web portals and mobile applications (domains and subdomains) from Article 1.1. of these Terms of Use are:
1.3.1. Adria Media Magazine doo, ID number 21136743, with the seat at no. 8 Vlajkovićeva street in Belgrade for the following portals and applications: sensa.mondo.rs; yumama.mondo.rs, lepaisrecna.mondo.rs, nationalgeographic.rs, elle.rs, stvarukusa.mondo.rs, wanted.mondo.rs;
1.3.2. Mondo Inc doo Beograd, ID number 20729384, with the seat at no. 4/3 Obilićev Venac street in Belgrade for the following portals and applications: kurir.rs, stil.kurir.rs, adriamedia.tv, espreso.co.rs, glossy.espreso.co.rs and mondo.rs;
(hereinafter every business company is marked as: WMG. The language of contracting between a WMG and the User is Serbian.
General Terms
2.1. The Portal/Application means the web Portal that is published at the web address referred to in Article 1.1. of these Terms of Use, as well as an application for mobile devices that is available on the "Apple store" and "Google play" store, which publishes content that is available to Users for personal and non-commercial purposes. Content means the entire content of the Portal/Application, which includes computer codes and programs, photos, images, graphics, animations, video, music, sound, text, as well as other material published on the Portal/application and which can be accessed regardless of the form of informing the User (hereinafter: Content). The Portal/Application allows the Users to access Content, and by the registration of the user account, i.e. profile, access various functionalities (hereinafter: use).
2.2. The user of the Portal/Application can be a natural person. The user who is a natural person and who wants to register a User Profile must be at least 15 years old. By registering the Profile, the User confirms that he has the necessary legal capacity for such use and entry into a contractual relationship with a WMG regarding the use of the Portal/Application. The user bears sole responsibility and is obliged to ensure that the use of the Portal/Application is in accordance with the relevant regulations and provisions of these Terms of Use. WMG reserves the right to temporarily or permanently disable access to the user's User Profile in case of suspicion that the User does not meet the stated conditions, i.e. if, at the request of the WMG administrator, he does not provide adequate proof of this.
Personal Data and Privacy Protection
3.1. WMG may require the User to, for the purposes of access to the Portal/Application, i.e. opening a User Profile on the Portal/Application, submit certain personal data, the collection, use, processing and storage of which is in accordance with the applicable regulations of the Republic of Serbia and is subject to WMG's Privacy Policy, which is an integral part of these Terms of Use. Also, certain data about Users is automatically collected when using the Portal/Application and accessing the Content. Using the Portal/Application or any of its parts implies that the User, and/or a person who as a visitor uses certain functionalities of the Portal/Application without registering a User Profile, has read, understood and agreed to the terms of the Privacy Policy.
Terms referring to the physical components and device system, and connection
4.1. In order to access and use the Portal/Application, the User must meet the requirements related to the physical components and the device system he uses (hereinafter: hardware and software) and connection, which may change over time.
4.2. WMG does not guarantee that the Portal/Application and their use are compatible with the devices, hardware or software used by the User. The User also understands and accepts that any change or improvement to the Portal/Application may alter the system specifications necessary to use it. In this case, only the User is responsible for the procurement of the necessary additional devices, hardware and/or software.
Intellectual Property
5.1. COPYRIGHT
5.1.1. The content on the Portal/Application may be protected by copyright. The content published on the Portal/Application may not be reproduced, distributed or otherwise used for any purposes without an explicit acceptance of the Portal/Application, or in a manner that may cause damage to WMG or any third party in accordance with the applicable regulations.
5.1.2. An individual, company or organization may in part or fully download and use only the textual content of the Portal/Application under the following terms:
5.1.2.1. The content transmitter is obliged to indicate in a visible place the source and the link leading to the content from the Portal/Application, immediately before publishing the text in its media;
5.1.2.2. The content downloaded from the Portal/Application must have the name and surname of the author of the content (unless the same is highlighted on the Portal/Application), as well as a signature with the name of the Portal/Application with a link to the original text on the Portal/Application and with the mandatory "Do Follow" link.
5.1.3. Violation of any of the terms stated in this paragraph shall be considered violation of copyright and shall be subject to legal liability.
5.2. The Portal/Application is protected by the laws of the Republic of Serbia and other international regulations governing the protection of intellectual property rights. The name of the Portal/Application and its parts, abbreviations and Internet addresses represent the objects of protection of intellectual property rights (such as trademarks, labels, business names and/or Internet addresses, etc.) of WMG or are owned by third parties who have transferred the right of using the same on WMG. In addition to the above, the entire Content of the Portal/Application is the property of WMG and/or its partners, licensors, etc. and is protected content, and can only and exclusively be used for personal use and for non-commercial purposes. The content of the Portal does not include the User Content that the User posts, publishes or transmits through his User Profile on the Portal/Application, which includes the content of messages and other communications that the User sends to other Users or to WMG.
5.3. By using the Portal, the User does not acquire any rights on the Portal/Application or its parts, the mark containing the name of the Portal/Application or the Content of the Portal/Application.
5.4. The user agrees and undertakes not to under any circumstances: a) multiply, copy, broadcast, reproduce, translate, reverse engineer, decompile, derive the source code or disassemble the Portal/Application or Portal/Application Content, in whole or in part, or create derivative works based on the same; b) modify or cause modification of any file that is part of the Portal/Application; c) use any program or computer code that in any way affects the Portal/Application or its Content or automation programs, or any programs that interrupt, intercept or redirect communication within or from or to the Portal/Application, or collect information about the Portal/Application by reading parts of the memory used to store information about the operation and use of the Portal/Application and the User's activities. Regardless of other consequences and the rights and obligations of the contracting parties, any use of the Portal/Application or actions of the User in connection with the use of the Portal/Application, which are contrary to the stated obligations, will constitute unauthorized and illegal use of the Portal/Application and will be considered violation of the intellectual property rights of WMG.
Registration / User Profile
6.1. A customer who wishes to use and have access to all services and options within the Portal/application must register their User Profile at the Portal/application through the WMG profile and the WMG ID (hereinafter: Profile).
The profile is a unique, non-transferable, electronic account, assigned by WMG and activated by the User, which must be duly registered in the manner defined by these Terms of Use and other published general rules prescribed by WMG.
6.2. The registration is not required to view the Portal/application Content. Likewise, on certain Portals/applications, Users can leave comments without registering, by entering a username/nickname that they determine, but registered Users with a Profile will have priority when approving, a notification when the comment is approved, and other advanced functions of the Portal/application.
6.3. Profiles that are registered by “bots” or in another automatic manner are not allowed.
6.4. The Profile registration is free of charge, it is performed electronically, within a guided procedure of logging in to the Portal/application, by submitting and entering the requested data (details of the requested data are available in the Privacy Policy) or through the Facebook/Google account of the User, in accordance with the given instructions. The registration process begins with the Profile activation, and it must be confirmed i.e. verified electronically, through a link provided to the User in an automatically generated email immediately upon the Profile activation, and if the registration is via the Facebook/Google account, then it is performed in accordance with the instructions via Facebook or Google. By activating and verifying the Profile in the manner described, the registration procedure is completed and a contract is concluded between the User and WMG, which regulates the rights and obligations related to the use of the Portal/application in terms of Art. 1.2 of these Terms of Use.
6.5. By registering the Profile, the User confirms that they meet the required terms, that they have the required legal capacity and that they have the relevant authority to conclude this legal transaction in accordance with the applicable regulations and these Terms of Use.
6.6. The User must be a person over the age of 15 in order to be able to register the Profile independently. The User is obliged to provide and enter accurate and complete information necessary to finalize the Profile registration process, as well as to update their data as soon as they change. All data provided to WMG are subject to the terms prescribed by these Terms of Use and the Privacy Policy. WMG shall use the data for various internal purposes, including but not limited to the following: maintaining the Profile, ensuring that the User has a unique Profile, security issues, debugging, technical support, etc.
6.7. The User, on their own behalf and on behalf of third parties authorized by them to access and use their Profile, undertakes to respect these Terms of Use. The User also bears full responsibility for any activity carried out through their Profile and shall ensure that both they and the authorized third parties are aware of, understand and comply with these Terms of Use, which also applies to all other rules, policies, notices and/or agreements published by WMG.
6.8. The User is responsible for the security of their Profile and password. WMG cannot and shall not be liable for any loss or damage arising from the User's failure to comply with the obligations relating to the security of the Profile and available information. The User shall report any misuse of their Profile without delay.
6.9. The User may not use their Profile for any illegal or unauthorized purposes, nor in a manner contrary to applicable laws / regulations, including regulations related to the intellectual property protection, personal data protection and protection of trade secrets. The User must not use the Profile in a way that results or may result in interruption, failure or impairment of performance of the Portal/application or its parts / services; or to the detriment of other Users or third parties. Unauthorized use of the Profile, of available functionalities of the Portal/application or unauthorized actions of the User shall mean in particular the following: 1 collecting or soliciting e-mail addresses or other contact information of other Users or third parties for the purpose of sending unsolicited commercial or other types of messages or communication; 2 collecting or soliciting personal data, secret or protected data, for commercial or unauthorized purposes, as well as publishing, transmitting, entering or storing such data; 3 sending offensive, harassing, vulgar, racist, threatening or spam messages, including posting URL links in unsolicited e-mail messages to third parties; 4 misrepresenting or giving inaccurate information about their authorizations, abilities, belonging to or being affiliated with a particular entity; 5 uploading, posting, transmitting, sharing, storing or otherwise making available content that constitutes, incites or assists in the commission of a criminal offense or violates the rights of third parties; violates applicable laws and other regulations; which is offensive, threatening, discriminatory, violates the reputation of third parties, deceiving, disturbing, forbidden, disrupting or disabling the use of the Portal/application, or which may harm WMG or other Users or expose them to some kind of liability; 6 use of Java, spreadsheets, HTML, or other types of computer codes or commands that are not allowed in messages; In case of use of the Profile contrary to this Article or the Terms of Use in general, WMG reserves the right to cancel the User's account (Profile). Users assume responsibility for damages resulting from their activities.
6.10. The User is entitled to delete their Profile at any time and for any reason or for no reason. The User is responsible for the correct cancellation of their Profile. The request to cancel the Profile must be submitted within the Portal/application, in the manner provided for in the rules set and published by WMG.
6.11. In the event the User acts contrary to these Terms of Use and their constituent parts, applicable regulations, or if the User's actions are harmful to the Portal/application or WMG, or if the User's behavior carries a legal or material risk to WMG, or if the User endangers the rights of third parties, or at the order of a competent authority or institution, WMG has the right to temporarily suspend and/or terminate the User's Profile.
6.12. WMG reserves the right to cancel the User's Profile without prior notice to the User, in the event that the User does not access and use the previously registered Profile for a period exceeding 120 days from the date of the last recorded activity.
6.13. After cancelling or terminating the Profile, WMG shall store the content of the Profile and the User's data for up to 30 days, upon which the above data shall be deleted.
User Content and content modification/Commenting Policy
7.1. User Content means all communications, text, data and all other material and information entered, posted and transmitted by the User as a comment on the Portal/application, with or without a Profile, even when it is performed by other persons with the Profile access right (hereinafter: User Content)
7.2. The User is the exclusive owner and is fully responsible for the User Content. WMG shall have no liability whatsoever to third parties in connection with the User Content posted. In this regard, if a third party submits to WMG a claim for compensation for the damage incurred, the User shall enter into proceedings in the capacity of an intervener on the side of WMG, to submit all relevant evidence and information, as well as to compensate for any type of damage suffered by WMG due to the User Content, i.e. the comment posted.
7.3. WMG encourages commenting on news and exchanging ideas among readers and does not censor comments, i.e. User Content. However, in order to ensure the safety of Users, fulfill the obligations prescribed by the applicable regulations, protect the legitimate interests of WMG and third parties, or at the order of the competent authorities and institutions, WMG uses the system of pre-moderation of comments. This implies that all comments, before being made public, undergo a rapid pre-moderation, to ensure that they comply with these Terms of Use and applicable regulations.
7.4. The User undertakes to post comments exclusively in accordance with these Terms of Use. The User undertakes, among other things:
7.4.1. not to post comments that are not relevant to the topic of the text/news they comment,
7.4.2. not to post comments written entirely in capital letters (Full Caps lock),
7.4.3. to take care of the grammar and length of comments (unreasonably long comments will be removed at the administrator's discretion),
7.4.4. not to mention the names of other readers in their comments, which can be considered a personal attack,
7.4.5. not to reveal someone's identity and personal data in their comments,
7.4.6. not to misrepresent themselves,
7.4.7. not to promote behaviour that is classified as botting and trolling, i.e. not to post identical or similar comments that have only minimal changes compared to already existing previous comments,
7.4.8. in particular, the User undertakes not to post and enter content that: (i) infringes, illegally appropriates or abuses a copyright, trade secret, non-property right and other intellectual property of a third party or personal or privacy rights; (ii) violates or encourages behaviour that violates applicable laws or regulations or leads to material liability; (iii) is fraudulent, untrue, false or misleading; (iv) is derogatory, indecent, vulgar (contain swear words) or offensive; (v) promotes discrimination on any basis (race, religion, nation, ethnic group, gender or sexual orientation), fanaticism, racism, sexism, hatred, harassment or abuse of individuals or groups; (vi) is violent or threatening or promotes violence or activities against certain persons or entities; or (vii) promotes illegal or harmful activities.
The User activities that are contrary to this article
7.5. The content of published comments on the Portal/Application does not represent the attitudes of WMG, the editorial staff of the Portal/Application, but only the attitudes of the author of the comments.
7.6. WMG has the right, but not the obligation, to, at any time and without prior warning, remove, modify, cancel or disable the posting of comments that, in its good faith judgment, violate these Terms of Use, especially Article 7.4, are not in accordance with the editorial policy of the Portal/Application or refer to possible editorial errors or are otherwise harmful to the Portal/Application, or if it is ordered by a competent body or institution, and in particular to remove comments which are obviously commercial or in some other way similar to "spams", which infringe the copyright of third parties and encourage conversations leading to pointless and long discussions, etc. Comments that are not approved by the comment administrator will also not be published on the Portal/Application.
7.7. Regardless of the Profile registration, Users, by the very process of posting comments within the Portal/Application, declare that they agree with these Terms of Use and commenting rules, as well as other policies published on the Portal/Application.
7.8. Any suggestion to the editors of the Portal/Application, as well as reports of offensive comments or "spams" related to the publication of comments, the Users of the Website/Application can send to the following address: komentari@adriamedia.rs.
7.9. By posting comments, Users expressly agree to these Terms of Use and Commenting Rules from this article, as an integral part thereof.
Limitation of liability and compensation of damages
8.1. The Users use the Portal/Application at their own risk. The entire Content of the Portal/Application, or any part thereof cannot be considered an offer or invitation to purchase any goods or right, nor is it or can be considered sufficient information for making important personal, financial, or business decisions. WMG does not make any guarantees, weather explicit or implicit, that may relate to its services, as well as any guarantees as to the accuracy, reliability or quality of any Content or information contained within the Portal/Application.
8.2. WMG does not guarantee that the operation of the Portal/Application will be uninterrupted or error-free, that defects will be corrected or that there is no risk of computer viruses and other harmful components.
8.3. WMG reserves the right to modify, update or temporarily or permanently suspend or limit access to certain functionalities or parts of the Portal/Application, i.e. the published Content at any time and with the exclusion of any liability on any basis in this regard.
8.4. The Users expressly declare that they understand and accept that WMG shall not be liable for any damages (tangible or intangible, direct or indirect, actual damage or foregone benefits), including but not limited to damages resulting from the loss of profit, business opportunity, use of data or other intangible losses (even if they have been informed of the possibility of such damages or should have known that such a possibility exists), damage to any User's computer, mobile device or other equipment or technology including damages from any breach of security, privacy or computer virus, error, fraud, service interruption, device or network failure or any other interference arising from: (i) the use or inability to access and use the Portal/Application or Profile for any reason; (ii) from any errors or omissions in the operation of the Portal/Application (iii) from goods, data, information or services acquired or obtained, i.e. messages received or transactions made through the Portal/Application, (iv) unauthorized access or changes to transmissions or User data, and (v) statements or actions of any third party concerning the Portal/Application.
8.5. A certain part of the Content displayed on the Portal/Application is provided by third parties (banners, pop-ups, etc.). WMG is not responsible for third party content in any way.
8.6. By accepting these Terms of Use, the Users agree that WMG, in providing its services, uses the third-party services (hereinafter referred to as: Suppliers) that are not under WMG's control. WMG makes no guarantees and shall not be liable for the actions or omissions of any Supplier or for the non-functioning of the Supplier's services. In the event of interruptions in the operation of the Supplier's services, WMG will instruct the Users to contact the Supplier directly and will make reasonable efforts on its part to enable the proper and full provision of its services.
Other provisions
9.1. The Portal/Application is operated by WMG in the Republic of Serbia. Users who choose to access the Portal from the locations outside the Republic of Serbia do so on their own initiative and are responsible for compliance with relevant local laws.
9.2. WMG's failure to apply any provision of these Terms of Use shall not be deemed a waiver of any present or future rights under such provisions, nor shall it in any way affect the right to further apply each of those provision. An express waiver of WMG's rights under the terms, conditions or requirements of these Terms of Use will not be considered a waiver of any future obligation to comply with such terms, conditions, or requirements.
9.3. If any of the provisions of these Terms of Use is considered invalid or inapplicable for any reason, it will be modified to the extent necessary to make it applicable, but without affecting the intention of the parties, and the remainder of these Terms of Use will remain in full force and effect. If, however, it is determined that such a provision cannot be modified, it will be considered severable from the other terms and will have no effect on the validity and applicability of the other provisions.
Amendments to the Terms of Use
10.1. WMG reserves the right to, at its sole discretion and without prior notice, revise, update, modify, amend, or delete certain provisions of these Terms of Use. If WMG amends the Terms of Use, it is obliged to publish the amendments on the Website of the Portal/Application and/or notify the User thereof by e-mail.
Entry into force
These Terms of Use shall enter into force on the date of publication, whereby the provisions of the previous terms of use cease to apply.
By accessing and using any Portal/Application, as well as posting comments, or registering a Profile and logging in, you are deemed to be familiar with these Terms of Use as well as the Privacy Policy and agree to abide to the aforesaid rules and conditions.