General Terms of Service

Effective date: March 1, 2019.

Please read these Terms and Conditions (“Terms“) carefully before using our website (http://www.penkala.hr), our Penkala app, or any other service, feature, functionality or product (collectively, the “Service”) provided to you by Modus Infinitum LLC.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users of the Service.

By using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not use the Service.

1. DEFINITIONS

Penkala App (“App”) is designed to, among other features, provide users with shared photographs and digital autographs of the Celebrities they follow.

Modus Infinitum Ltd (“Modus Infinitum”, “we”, “us” or “our”) is the sole owner of the App and the provider of the Service.

Celebrity is a person who is widely known and awarded mass attention, regarding their work, success, character, or any other feature that is of great interest to the public.

Required Age is at least 13 years of age, or older if required by national legislation.

Content is any information, including, but not limiting to images, photos, videos and other means of communications.

Your Content is any Content that you make available in accordance with our Terms, which includes providing, sharing, otherwise making available to us or in connection with our Service via any mechanism.

Our Content is Content owned or licensed by us from third parties, which our Service contains. 

Gold Pass is an App feature that provides users who have paid the Gold Pass price with a guaranteed shared photo and digital signature (autograph) of a Celebrity.

Lottery Pass is an App feature that provides users who have paid the Lottery Pass price and were then selected in a random drawing with a guaranteed shared photo and digital signature (autograph) of a Celebrity.

Penkala Parties means us, our affiliates, and our and their directors, officers, employees, partners, agents, successors and assigns.

Dispute or Disputes includes any claim you have with us relating to, arising out of, or in any way in connection with our Terms, us or our Service.

2. SERVICE

Required Age. You must reach the Required Age to use our Service. Nevertheless, if you are not old enough to have authority to agree to our Terms according to the national legislation of your country, your parent or legal guardian must agree to our Terms on your behalf.

Registration. When you use our Service, you may be required or have an option of registering for an account. When you create an account, you agree to provide accurate, up to date information as required for the account registration. You also agree that you will not use, or attempt to use, another user’s account without authorization from such user.

Modifications. We preserve the right to change, suspend, remove, discontinue, impose limits on, or disable access to the Service or any portions thereof or your use thereof. For example, we may need to do so in connection with an update to our Service, such as bringing you the most up-to-date and innovative features or addressing a legal or safety concern.

Mobile and Other Devices. For as long as you use our Service, you consent to downloading and installing updates to our Service, including automatically. We currently provide our Service for free, but please be aware that when you use our Service you are responsible for your carrier’s rates and fees, such as text messaging and data charges, which apply. We do not guarantee that the Service (including the App) can be used on any device or with any service plan.

3. PRIVACY POLICY AND USER DATA

Our Privacy Policy describes our information practices, including the types of information we receive and collect and how we use and share this information. You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information to countries where we have or use facilities, service providers or partners, regardless of where you use our Service. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

4. ACCEPTABLE USE OF OUR SERVICE

You may only use our Service in accordance with our Terms. If we disable your account for a violation of our Terms, you agree that you will not create another account without our permission.

Legal and Acceptable Use. You may only access and use our Service for lawful, authorized, and acceptable purposes. You will not access or use (or assist others to access or use) our Service in ways that: (a) violate, misappropriate, or infringe our rights, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, racially or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate; (c) violate our Terms; (d) involve publishing falsehoods, misrepresentations, or misleading statements; (e) impersonate someone; (f) involve sending illegal or impermissible communications such as spam, bulk messaging, auto-messaging, auto-dialing, other unsolicited advertising or messages, and the like; or (g) involve any non-personal use of our Service not otherwise authorized by us.

Content. We do not endorse or make any representations or warranties about, and have no obligation to review, screen, or otherwise control Content connected with the Service. However, we may remove any Content from the Service at our discretion, including if we believe it violates our Terms. You are responsible for Your Content. Any content owned by us, or third parties is excluded from Your Content. Also, Your Content must not include Content that is illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, libelous, invasive of another’s privacy, bigoted, inflammatory, vulgar, sexually explicit, pornographic, violent, discriminatory, or harmful to minors in any way, that would instigate or encourage conduct that would be illegal, or otherwise inappropriate.

Charging Content. Celebrities can sell Content through our Service by selling Gold Passes and Lottery Passes. This Content is subject to a distribution approval. The deadline for approving the content is 24 hours. If the Content is inappropriate due to your violation of the preceding paragraphs, it will not be approved, so the Content will be deferred for distribution without any refund of your money. However, If the Content is appropriate but is not approved for distribution, a refund of funds will be made.

Harm to us or others. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Service in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Service, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, decompile, or extract code from our Service; (b) send, store, or transmit viruses or other harmful computer code through or onto our Service; (c) interfere with or disrupt the integrity or performance of our Service; (d) create accounts for our Service through unauthorized or automated means; (e) collect the information of or about our users in any impermissible or unauthorized manner or (f) intimidate, harass, interfere with, negatively affect or inhibit another user’s use and enjoyment of the Service.

Account Security. You are responsible for the use of your account, and for keeping your device, account and any related passwords secure. Please notify us of any unauthorized use or breach of your account or our Service at legal_service@penkala.hr.

5. LICENSES

Our rights. Regarding our relationship with the users, please be noted that we own, and retain all the copyrights, trademarks, domains, trade secrets, patents, and other intellectual property rights in and to our Service, including Our Content.

Your rights. We consider You as an owner of Your Content, which includes the photos or videos that you share in connection with our App. Your Content does not include Our Content. When you make Your Content available to us or in connection with the Service, you represent and warrant that: (a) you own Your Content or otherwise have the right to grant the licenses to use Your Content as set forth in these Terms, (b) the use of Your Content as set forth in these Terms does not violate, misappropriate or infringe on the rights of any third party, including, privacy rights, publicity rights, copyrights, trademark or other intellectual property or proprietary rights, and (c) you agree to pay for all royalties, fees, and any other monies owed by reason of use of Your Content as set forth in these Terms.

Our license to you. We grant you a personal, limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to access and use our Service. Except as expressly set forth above, no licenses or rights are granted to you by implication or otherwise.

Your license to us. You hereby grant to us and our other affiliates a worldwide, irrevocable, perpetual, royalty-free, sub-licensable, transferable license to use, reproduce, modify, make derivative works of, distribute, publicly display or perform Your Content in connection with the Service.

6. REPORTING

We respect the intellectual property rights of others and we expect our users to do the same. We may terminate your account if you infringe the intellectual property rights of others.

Please notify us promptly on any copyright, trademark, or other intellectual property infringement, by sending an email with an intellectual property report to us at legal_service@penkala.hr, or to our designated address:

Modus Infinitum, d.o.o.

Avenija Dubrovnik 15/12

10 000 Zagreb, Croatia

7. DISCLAIMERS

Your use of the Service is at your own risk. We are providing our services without any express or implied warranties and therefore we expressly disclaim all warranties of merchantability or fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete or useful, that our Service will be operational, error free, secure, or safe, or that our Service will function without disruptions, delays, or imperfections. We do not control, and are not responsible for controlling how or when our users use our Service or the features and interfaces our Service provides. We are not responsible for and are not obligated to control the actions or information (including Content) of our users or other third parties.

Some jurisdictions may not allow certain limitation on or exclusion of implied warranties, so some of the above limitation or exclusions may not apply in full to you.

You release Penkala Parties from any claim, complaint, cause of action, controversy, or dispute and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any of our users or other third parties. 

8. LIMITATION OF LIABILITY

Penkala Parties will not be liable for any lost profits or indirect, special, incidental, consequential, exemplary, or punitive damages relating to, arising out of, or in any way in connection with these Terms, us, our Service or any Content even if the Penkala Parties have been advised of the possibility of such damages.

The foregoing disclaimer of certain damages will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages, so some or all the exclusions set forth above may not apply to you. Notwithstanding anything to the contrary in our Terms, in such cases, the liability of the Penkala Parties will be limited to the fullest extent permitted by applicable law.

9. INDEMNIFICATION

You agree to defend at our option, indemnify and hold harmless the Penkala Parties from and against all liabilities, claims, damages, losses and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or, use of, or inability to use the Service, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; (c) any misrepresentation made by you; or (d) Your Content.

10. UPDATES OF OUR TERMS

We may amend these Terms from time to time. We will provide you timely with a notice regarding the amendment and will update the Effective Date at the top of our Terms. Your continued use of our Service following such amendment confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Service. Please review our Terms from time to time.

11. TERMINATION AND SURVIVAL

We may suspend or terminate your access to or use of our Service anytime for any reason, such as if you violate the letter or spirit of our Terms, or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with us: Licenses, Disclaimers, Limitation of Liability, Indemnification, Termination and Survival, Assignability, Other Provisions, Dispute Resolution.

12. ASSIGNABILITY

You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent. All our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities or new owner.

13. OTHER PROVISIONS

Our Service is not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any other local regulations. We reserve the right to limit our Service in any country.

You will comply with the Export Laws. You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Service: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on local government restricted parties lists; or (c) for any purpose prohibited by Export Laws. You will not use or download our Service if you are in a restricted country, if you are currently listed on any local government restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxy or other methods.

The English version of our Terms is always the prevailing version. Any translated version is provided solely for your convenience.

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.

We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.

We always appreciate your feedback or other suggestions about our Service, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

14. DISPUTE RESOLUTION

Our relationship with the users shall be entirely governed by and construed in accordance with the substantive laws of the Republic of Croatia.

You hereby agree that you shall settle all your Disputes with us through arbitration, before The Permanent Arbitration Court at the Croatian Chamber of Economy, in accordance with its Arbitration Rules (Zagreb rules). The arbitral tribunal shall be composed of three (3) arbitrators. The place of arbitration shall be Zagreb. The language to be used in the arbitral proceedings shall be English.

15. CONTACT US 

If you have any questions or concerns regarding these Terms, please contact us online at legal_service@penkala.hr or by mail at:

Modus Infinitum, d.o.o.

Avenija Dubrovnik 15/12

10 000 Zagreb, Croatia