Terms of Use

1. General provisions

Jamnica plus d.o.o., Zagreb, Getaldićeva 3, (hereinafter: Jamnica) provides an interactive online service through the domain www.bartsdrinks.com. The service consists of the provision of information services and content management. The term “Websites” in these Terms of Use refers to all Websites located within the domain www.bartsdrinks.com. These Terms of Use prescribe the terms and conditions related to the use of the Website by End Users.

By using and accessing this Website (except in the case of the first reading of these Terms), End Users declare that they have read and understood the Terms of Use, that they are familiar with them and fully agree with the terms and conditions set forth herein, and agree to use of the Website in accordance with them.

The right to use the Website is not transferable to other natural or legal persons. The End User is personally responsible for protecting the confidentiality of passwords, in places where they exist as such.

End User is aware of the fact of occasional interruptions, unavailability and/or exclusion of services (routine maintenance, etc.), force majeure events, and Jamnica plus d.o.o. is not responsible for any data loss that may occur during the transmission of information on the Internet. End User agrees and accepts that for the above reasons, access to the Website may be interrupted, temporarily unavailable or excluded.

The information on this Website may contain technical inaccuracies or typographical errors. Jamnica does not represent or warrant, expressly or implicitly, that the content of the Websites and/or linked sites is complete or up to date; that the Websites and/or linked pages will always be accessible and available, and that they will not cause harm to users, registered users or third parties. Each user and registered user expressly accepts the use of this Website at their own risk and bears only any possible costs related to the maintenance or repair of computer equipment. Any warranty given on this site applies exclusively to the products or services provided by Jamnica.

Jamnica reserves the right to modify or discontinue the Website at any time, including, but not limited to, the content, availability time, and equipment required to access or use of the Website. Jamnica is authorized to stop publishing any part/type of information and to change or cancel any method of data transfer, it can change data transfer speeds, as well as any of their other characteristics. Information is subject to change without notice. Jamnica may also make improvements and/or changes in the products and/or programs described in this information at any time without notice. If the User does not accept the Terms of Use, he/she is obliged to refrain from using the Website.

Jamnica reserves the right to revise the Terms of Use at any time and to terminate access to the Website without prior notice.

2. Changes to the Terms of Use

Jamnica reserves the right at any time, if it deems it necessary, to revoke or amend any of the Terms of Use and/or the Privacy Statement set forth herein. Any change or termination of the terms and conditions of use will take effect immediately upon their publication on the Website. Any use of this Website by the End User after such notice shall be deemed acceptance of these changes.

The User undertakes to re-read the Terms of Use from time to time in order to be informed of any changes. If the User uses the Website after the change of the Terms of Use, it is presumed that he/she has read the changes, that he/she understands them and fully accepts them. We exclude liability for any damage caused to users, registered users or third parties as a result of such changes.

3. Computer equipment

The End User is solely responsible for the purchase, use and maintenance of its computer equipment, including but not limited to all software and hardware that it owns and uses, as well as other equipment required to access and use the Jamnica website and all related expenses. Jamnica is not responsible for any damage to the End User’s equipment that may occur as a result of using this Website.

4. End User behavior

This Website, as well as any other website, now or later contained, or otherwise accessible, through external links to the Website is the private property of Jamnica.

All mutual interaction that takes place through this Website must be in accordance with the Terms of Use and users are required that all activities related to the use of this Website be in accordance with the positive legal regulations of the Republic of Croatia.

It is forbidden to publish, use, transmit, send and exchange materials and content that violate or endanger privacy, vulgar content, or content otherwise undesirable in normal communication, which infringe and/or violate the rights of others, and especially materials and content that are by their nature illegal, threatening, insulting, defamatory, which insult the valid legal regulations of the Republic of Croatia, and especially illegal, false or untrue, misleading, insulting, defamatory, vulgar, obscene, threatening, disturbing, racist or chauvinistic content, content that offends intellectual property rights of third parties, content that unauthorizedly discloses personal data or infringes the right to the identity of third parties or other users as well as other inappropriate content, and content that may harm Jamnica and related companies, other users or third parties, which includes, inter alia content that encourages conduct that constitutes a criminal offense, entails civil liability or otherwise violates any regulation and that, without the express, prior, written consent of Jamnica, contains advertising or an offer of anyone’s products and services. End User may not use this website to advertise or perform any commercial, religious, political, or non-commercial advertising, including inviting users of this Website to become members of another online or offline service, which is direct or indirect competition, or potential competition to Jamnica.

Any behavior of End Users, which in the discretion of Jamnica restricts or disables any other End User in the use of the Website is strictly prohibited.

5. Intellectual property

These Websites contain materials protected by copyright, trademark, design and other information covered by other rights of natural or legal persons, including, but not limited to, texts, software, photographs, videos, graphics, music, sound, as well as the entire the content of the Website, in accordance with the regulations of the Republic of Croatia. All materials (texts, photographs, images, drawings, audio and video materials, etc.), trademarks of products and services (trademarks), logos, and other content found on the Website are the exclusive right of the company Jamnica, or are used explicitly for approval of the copyright holder and the trademark and/or design right holder. Jamnica is a registered trademark of Jamnica company and therefore all rights in relation to this trademark are hereby expressly reserved. Unless otherwise stated, all other trademarks appearing on the system are the intellectual property of their respective holders. Jamnica is the copyright holder in relation to the selection, coordination, posting and promotion of such content, as well as the rights in relation to the original content.

Any copying, distribution, transmission, publication, reproduction, modification, revision, transmission, linking, in-depth linking, creation of derivatives or other modification of this Website without the express written permission of Jamnica, which is not expressly permitted by these general terms and conditions is strictly prohibited! Any violation of these terms and conditions that may result in infringement of copyright, trademark rights, or any other form of intellectual property and may result in civil, commercial, and/or criminal and/or misdemeanor prosecution against the perpetrator.

Jamnica allows users to use the downloaded material exclusively for promotional, editorial and informative purposes of publication in newspapers, magazines and electronic media, under the following conditions:

The transmitted text content must not exceed 600 characters, whether the original content is transmitted in one part or in several places with the obligation to respect the integrity of the original content.

In the case of transferring content (text, photos, video, etc.) from digital platforms, at the beginning, inside or at the end of the textual content, a direct link leading to the original content of the other party will be selected, which allows opening the original text in a separate web window searchable, on source domains.

The transmitted content must retain its original integrity, and in accordance with this original content it is not allowed to change the original meaning and integrity (for example on the basis of editorial shortening and/or author’s free interpretation of the original), in order to avoid misunderstandings arising from proving the origin of information. 

Photographs and videos that would be used for editorial purposes must indicate that their source is Jamnica.

End User may download, print and store copyrighted material for its own use. The use and printing of content from the website is permitted if it is solely for the purpose of informing and personal, non-commercial purposes of the user.

End User undertakes not to post, publish, or otherwise make available on this Website any material subject to copyright, trademark, or other intellectual property rights without the express consent of the copyright holder. The End User is solely and exclusively liable for damages that may arise from copyright infringement, misuse of trademarks and other intellectual property rights, or any problems arising in connection with the publication of such materials.

Jamnica has no obligation to inform the End User, or to assist him/her in determining whether certain material is subject to copyright.

By posting materials on any publicly available part of this website, the End User warrants under criminal and material liability that he/she is the holder of the rights to these materials and expressly grants Jamnica free, permanent, non-refundable, non-exclusive right to use, publish, reproduce, reproduce, modifying, adapting, distributing, publishing, translating and/or distributing such material (in whole or in part) throughout the world indefinitely and in duration. The End User also grants other end users the right to access, view, save or reproduce this material for their own use.

The conditions set out in this Chapter apply equally to Jamnica, as well as its subsidiaries, affiliates and third party service providers and licensed companies, and each of them has the right to enforce these conditions directly and in its own name.

6. Licenses and trademarks

By publishing on or via the Website, the End User has granted Jamnica a free, unlimited spatial and temporal license to use, reproduce, modify, publish, adapt, translate, distribute, implement and display this communication, alone or as part of a larger whole, in any form, on any medium or through any technology, whether known or subsequently developed, and the sharing of such rights with multiple distributors of that license.

By using or accessing this site, the User does not acquire, expressly or tacitly, any license or right to use a trademark, patent, design, copyright or other right belonging to Jamnica and/or a third party. Users and registered users bear their own responsibility to respect copyright and other intellectual property rights in respect of such content.

7. Warranty Statement and Limitation of Liability

The End User expressly agrees that the use of this Website is the sole responsibility of the End User. Neither Jamnica, its subsidiaries, parent companies, nor any of their employees, agents, third party service providers or licensed companies warrant that the use of this Website will be discontinued, or will be error-free; nor warrant to the (i) consequences that may arise from the use of this Website, or (ii) the accuracy, reliability or content of any information, services or goods provided through this Website.

This disclaimer applies to all damages, direct or indirect, or possible injury caused by any bad features, error, exclusion, interruption, deletion, malfunction, delay in operation or transmission, computer virus, interruption in communication line, theft, destruction or unauthorized access, alteration or misuse of records, termination of contract, misconduct, negligence, or any other act. The End User expressly confirms that the company Jamnica is not responsible for offensive, inappropriate or illegal behavior of other users or third parties and that the risk of damage that may arise as a result of this lies entirely with the End User.

In no event shall Jamnica, or any other natural or legal person involved in the creation, production or distribution of this Website, or related content, or any software, be liable for any damages that may result from its use, or due to the inability to use this Website. The End User expressly acknowledges that the terms of this chapter apply to the entire content of this Website.

Subject to the foregoing, neither Jamnica, nor the governing company, nor its subsidiaries, information providers, or content editing partners shall be liable, regardless of cause or duration, for any errors, inaccuracies, or other deficiencies, inadequacies or non-originality, the information contained on this Website, as well as for any delay or interruption in the transmission of information to the End User, for any claims or losses arising therefrom. None of the above parties will be liable for any claims or losses of the third party, including lost profits.

Jamnica is not responsible for any content that a user, subscriber, or unauthorized user may post on this Website. Any content posted that is or may be considered inappropriate may be removed at any time by Jamnica. Jamnica reserves the right to change, adjust, modify, delete or remove any content it deems inappropriate. Jamnica shall in no event be liable to anyone for any direct, indirect, special or consequential damages resulting from the use of this or other websites, including, without limitation, loss of profits, downtime, loss of programs or other data on your data processing systems. or otherwise, even when we are expressly notified of such damages.

Jamnica reserves the right to immediately revoke any passwords or accounts of the End User in the event of any conduct of the End User that Jamnica, in its sole discretion, deems unacceptable, as well as in any case of non-compliance with these Terms by the End User. In the event of revocation of passwords or user accounts, the terms will not cease to apply between the End User and Jamnica.

Jamnica intends to use the names, logos, signs, trademarks and other protected content that appear on this Website exclusively in the areas for which it is authorized by registration or trademark application, license or otherwise. For the avoidance of doubt, Jamnica hereby declares that it does not intend to use names, logos, signs, trademarks and other protected content in areas for which it is not authorized, and will not supply or offer products and/or services marked with such protected content in such areas. The use of such protected content on this Website contrary to the provisions of these Terms or their misuse is strictly prohibited.

8. Supervision

Jamnica has the right, but not the obligation, to monitor the content of this Website at all times, including any chat rooms and forums that may be contained as part of this Website, to ensure compliance with and compliance with these Terms of Use, as well as any other rules prescribed by Jamnica, as well as compliance with any relevant law, regulation or other act. Without limitation from the foregoing, Jamnica reserves the right to remove any material which, in its sole discretion, it finds to be inconsistent with the rules set forth herein, or which it finds otherwise questionable. Jamnica is not obliged to respond to interactive content.

Jamnica assumes no responsibility for the accuracy of the information it provides and the use of that information is the responsibility of the recipient. Jamnica makes no assurance that any reported issues will be resolved using any information provided by Jamnica. By providing the information, Jamnica does not grant any licenses for any copyrights, patents or other intellectual property rights.

9. Privacy

The End User acknowledges that all comments, private messages, forums, chat rooms and/or other means of sending messages or communicating with each other (hereinafter – Communities) are public and not private, and that Jamnica employees can therefore monitor End User communications without their knowledge and explicit permission.

Jamnica does not control and/or authorize content, messages or information that may be found in any of the Communities and is therefore not responsible for any actions resulting from the End User’s participation in any of the Communities, including liability for any disputed content.

10. Confidentiality of data

Jamnica does not wish to receive confidential or proprietary information, from the User, through this Website. Any information or material sent to Jamnica will be treated as NON-confidential. By submitting some information or materials to Jamnica, the User grants Jamnica an unlimited and irrevocable license to use, copy, display, perform, modify, transmit and distribute such materials or information, and also agrees that Jamnica is free to use any ideas, concepts, knowledge or techniques for any purpose. However, Jamnica will not publish the User’s personal data or otherwise publish the fact that the User has sent materials or other information to it, unless: (a) it obtains the User’s permission to use his/her personal data (consent); or (b) with prior notice to the User that the materials or other information sent to a particular part of this Website will be published or otherwise used on them together with the name of the User; or (c) is required to do so by law. 

Any type of End-User communication is considered non-confidential. If certain websites allow the publication of communications that Jamnica will treat as confidential, that fact will be stated on those pages. By publishing comments, messages or other information on the website, the End User grants Jamnica the right to use these comments, messages or information for the purpose of promotion, advertising, market research, or any other legally permitted purpose. For more information, see the Jamnica Privacy Statement.

Materials submitted or made available through the Website are not and will not be considered a trade secret, secret or confidential. By providing the material via the website, the User authorizes Jamnica and/or its affiliates to use it indefinitely for any purpose, including reproduction, transmission, publication, broadcast or use in any other way, without obligation to pay any fee.

11. Indemnity

The End User agrees to indemnify, and will not hold Jamnica, the parent company, its subsidiaries, their responsible persons, employees and agents liable for any claims for damages and costs, including legal representation costs, that may arise from the use of these online page by the End User.

12. Third party content

Jamnica, like Internet Service Providers (ISPs), is a distributor (not a publisher) of content provided by third parties and End Users. Any opinions, advice, statements, services, offers, or other information or content posted by third parties, including public information providers, or any end users, come from the respective authors or distributors and not from Jamnica. Jamnica, and third-party information providers, do not warrant the accuracy, completeness, or usefulness of any content, nor its ability to sell or be suitable for any particular purpose.

The information available on the Website, which represents the opinions and assessments of the relevant information provider, the End User, or other user who is not in a contractual relationship with Jamnica, Jamnica does not authorize and therefore cannot be responsible for the accuracy or reliability of any opinion, advice, or a statement posted on the Website, by anyone who is not an authorized employee of Jamnica, or who is not acting ex officio. Under no circumstances will Jamnica be liable for any loss or damage incurred by the end user relying on information obtained through the Website. It is the End User’s responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website.

The Jamnica website contains links to third party websites maintained by other content providers. These links are provided for convenience only and not as a confirmation by Jamnica of the content on third party sites and Jamnica expressly denies any connection with the content or accuracy of the material on third party websites.

13. Null provisions

In the event of the nullity of certain provisions of the Terms of Use, such nullity will not affect the validity of any other provision of these Terms, and the remaining portions of these Terms will remain in effect.

14. Waiver 

Failure by either party to exercise its rights under these Terms shall not be construed as a waiver or loss of the same rights in the future, nor any other Terms of such rights.

15. Dispute resolution

The provisions of the Civil Obligations Act apply to everything that is not regulated by these Terms.

All disputes under these Terms, the parties will try to resolve amicably. All disputes or claims that may arise as a result of the use of this Website, related to these Terms, or in connection with their implementation, are within the jurisdiction of the court in Zagreb, with the application of applicable substantive Croatian law.

16. Application of terms of use

These terms of use apply from April 1, 2021 until revoked by Jamnica.