Terms of Use

Last updated: 4.11.2023.

Introduction

Before you start using the www.audioforum.rs website or any other website that may come into existence in the future (hereinafter referred to as the “websites”), owned and operated by Masiv, please carefully this Terms of Use. It governs your use of our websites and materials downloaded from it, including electronic PDF documents, text, images, links and other content (hereinafter referred to as “material”).

By using our websites, you accept this Terms of Use in full and without reservation. If you do not agree with this Terms of Use, please do not use our websites.

We reserve the right to make changes or update the content of our sites or their formats at any time and without notice. We reserve the right to terminate or restrict access to our websites for any reason and at our sole discretion.

The terms “you” and “your” refer to you, the person accessing our webites and accepting the Terms of Use.

Masiv is committed to protecting your privacy. All information collected from individuals will be used only if necessary. We will investigate all unauthorized actions against computer systems and unauthorized use of personal data.

Personal data is defined as: “[…] any information that relates to an identified or identifiable living individual. Different pieces of information, which collected together can lead to the identification of a particular person, also constitute personal data.” (source: https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-personal-data_en)

Your use of any materials and information submitted through or in connection with our websites is subject to our Privacy Policy.

Confidentiality

Your personal information is considered confidential and therefore will not be disclosed to third parties, unless required by law. You have the right to request inspection and copies of any records we keep, provided we have been reasonably notified of such request.

We will not sell, share or rent your personal information to any third party or use your email address to send spam mail. Any email we receive from you will only be used to provide an adequate response.

License to use the website

Subject to the license below, all intellectual property rights in our websites and related materials are reserved.

You may view, download content for caching purposes only and print pages or other content from our websites for your own personal use, subject to the restrictions set forth below and elsewhere in this Terms of Use.

You may not:

  • reproduce material from our sites (including reproduction on other websites),
  • sell, rent or sublicense material from our websites
  • display any material from our websites in public
  • duplicate, copy or otherwise exploit material on our websites for commercial purposes
  • edit or otherwise modify any material on our websites
  • redistribute material from our websites.

Rights to content

“Content” means all software (including without limitation all software, titles and computer code), communications (including without limitation all documentation, drawings or technical guidelines), images, sounds, audio-visual content, accounts and material produced by Masiv . Content also includes any feedback, comments or suggestions we receive from you regarding the websites. Unless otherwise expressly stated in writing, you understand and agree that all content is owned, controlled and/or licensed to us.

We reserve the right to use all content for any purpose, including without limitation any commercial and/or promotional use, without limitation or compensation. We retain all rights, including without limitation, all intellectual property rights and other proprietary rights in and to the Sites. It is not permitted to copy, redistribute, publish, create any derivative work or otherwise exploit our content or any part of it in violation of our and/or the intellectual property rights of any third party.

Masiv, including activities and events, its logos and all related assets and elements may be trademarks of Masiv and may not be used without our prior written consent.

If, in some way, you own any right over our content or any part thereof, you hereby agree to transfer exclusively to Masiv all your rights over such content or any part thereof without additional consideration and permanently under all applicable laws. If, for any reason, such transfer is ineffective under applicable law, you hereby grant to Masiv a sole, exclusive, irrevocable, sublicensable, transferable, worldwide, royalty-free license to reproduce, modify, create any derivative works, publish, distribute, sell, transfer, public communication, use and practice of such content or any part thereof, and such license shall be an integral part of other works in any form, media or technology known now or hereafter. To the extent permitted by applicable law, you agree to waive any moral rights or rights of publicity or privacy you may have in such content.

You acknowledge and agree that Masiv may use built-in tracking features to obtain information about your use of our websites in order to improve the services we provide, and you agree that such information shall be considered content and shall be used in the scope limited by these Terms of Use.

Acceptable use

You must not use our websites in any way that causes or may cause damage to our websites or impair the availability or accessibility of our websites; or in any manner that is illegal, fraudulent or harmful, or in connection with any illegal, fraudulent or harmful purpose or activity.

You may not use our websites to copy, store, host, transmit, send, use, publish or distribute any material that consists of or is related to any spyware, computer virus, Trojan horse, worm, keylogger, rootkit or other malicious computer software.

You may not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in connection with our website without our prior express written consent.

You may not use our websites to transmit or send unsolicited commercial communications, so-called “spam”.

Restricted access

Access to certain parts of our websites may be restricted. We reserve the right, at our sole discretion, to restrict access to parts of our wesites, or even entire websites. If we provide you with a username and password to enable you to access restricted areas of our websites or other content or use, you must keep this information confidential. If necessary, we may deactivate your username and password at our sole discretion without notice or explanation.

Availability

Unless otherwise stated, functionalities of our websites are available worldwide. You are solely responsible for evaluating the fitness for a particular purpose of all downloads, programs and text available through our websites. Redistribution or republication of any part of the websites or their contents, whether through embedding or any other means, without our express written consent is prohibited. We do not guarantee that your use of our websites will be uninterrupted, timely, or error-free, although it is provided to the best of our ability. By using our websites, you indemnify us against any loss or damage, in any way, howsoever caused.

Whenever you visit our websites, hosting service providers record your visit. Our hosting provider is Unlimited.rs. In this process, your IP address, date and time of visit are recorded and made visible to us. We undertake to treat such information as confidential and keep it in a secure place. We encourage you to read our hosting provider’s privacy policy to understand how they handle data stored on their servers: https://unlimited.rs/pravilnik-podaciolicnosti.pdf

For system administration, usage pattern detection, and troubleshooting, our web servers automatically record standard access information, including browser type, access time/mail opened, requested URL, and referral URL. This information is not shared with third parties and is used only as needed. Any information that can be identified in connection with this data will never be used in any way different from the above and without your express permission.

Like most interactive websites, we use cookies to be able to retrieve user data for each site visit. Cookies are used in some parts of our sites to enable the basic functionality of some of their parts and make it easier for visitors to search the sites. Read the section “Cookies” in our Privacy Policy, located at: :LINK:

Links to our website

You may create a link to any page of our websites at your own discretion. However, you do so at your own risk and the above exclusions and limitations will apply to your use of our sites.

Links from our website

Masiv does not monitor or review the content of third-party websites that are linked from our websites. We do not share or necessarily endorse the opinions expressed or material appearing on such websites. In such cases, Masiv will not be considered the originator of such opinions or materials. Please note that we are not responsible for the privacy practices or content of these websites. We want our users to be aware of this when they leave our websites and to read the texts of the privacy policies of those websites. You should make your own assessment of the security and trustworthiness of any other sites linked to or accessed through our websites before disclosing any personal information to them. We will not accept any liability for any loss or damage in any way resulting from your disclosure of personal information to third parties. For further information about links from our sites, see the “Privacy Policy of Other Websites and Services” segment at: LINK

Accessibility

Access to our sites is temporarily permitted and we reserve the right to withdraw or change the service we provide on our sites without notice. We will not be liable if for any reason our websites are unavailable at any time or for any period.

From time to time, we may restrict access to our websites, in whole or in part, to some or all users.

Masiv reserves the right to limit your use of the websites, including the number of simultaneous connections you make, as well as your ability to contact other users. Masiv reserves the right to limit, suspend or terminate your account if we believe you may be violating these Terms of Use, the law or abusing our websites.

Disclaimer

It is your responsibility to ensure that all information you share on our sites is accurate. If you find any incorrect information on any of our websites, please let us know by sending an email to contact@audioforum.rs and we will correct it where possible, as soon as possible.

MASIV MAKES NO WARRANTIES OR GUARANTEES ABOUT THE WEBSITE CONTENTS. SINCE THE WEBSITES ARE UNDER CONSTANT DEVELOPMENT, THEIR CONTENT MAY BE INACCURATE OR OUT OF DATE AND SUBJECT TO CHANGE WITHOUT NOTICE. MASIV CANNOT ACCEPT RESPONSIBILITY FOR THE CONTINUOUS ACCURACY OF ITS CONTENT.

Masiv makes every effort to secure the computer infrastructure from errors and viruses, but does not guarantee that any material available for download from our websites will not be infected, contain a virus and/or other code that has malicious or destructive properties. You are responsible for implementing defense mechanisms and virus checks (including anti-virus and other security checks) to meet your data input and output accuracy requirements.

Neither Masiv nor any of its agents, employees and subcontractors shall be liable to you or any other party for any claim, loss, demand or damage (whether such claim, loss or damage was foreseeable, known or otherwise) arising out of or in connection with the use of our websites or the information, content or materials that are part of the websites.

In no event shall Masiv or any of its agents, employees or subcontractors be liable to you for any indirect or consequential loss or damage including, without limitation, any: loss of actual or anticipated profits (including loss of profits under contracts); loss of income, business, opportunity, expected savings, reputation, reputation, loss or damage or corruption of data, loss of use of money or the like, and regardless of whether they have been informed of the possibility of such a claim, loss, claim or compensation and arising as a result of the tort (including negligence), contract or otherwise, to the fullest extent permitted by law.

Our websites contain links to other sites operated by third parties. Using such links means that you are leaving our websites. Masiv assumes no responsibility and makes no guarantees, endorsements or representations regarding linked websites. Masiv is not responsible for the privacy practices, nor do we accept any responsibility for the content of such websites, including those that are part of us and our groups, which in some cases will have their own privacy policies tailored to the particular business practices in which they operate. Any doubts regarding any link should be sent to contact@audioforum.rs.

IF MASIV IS A DISTRIBUTOR (AND NOT A PUBLISHER) OF CONTENT PROVIDED BY THIRD PARTIES AND INTERNET USERS, ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION OR CONTENT PROVIDED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING INFORMATION PROVIDERS OR USERS, ARE THE AUTHORS OR DISTRIBUTORS OF SUCH INFORMATION, NOT US. MASIV DOES NOT REPRESENT NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY THIRD PARTY OPINIONS, ADVICE OR STATEMENTS PROVIDED ON OUR WEBSITES.

The information on our websites is not intended to meet your specific requirements. Such information does not constitute any form of advice or recommendation on our part and is not intended for you to rely on in making (or refraining from making) any specific decisions. You should seek professional advice and independently verify all information before relying on it.

If you enter into any agreement with anyone listed on or linked to from our websites, you do so at your own sole risk.

Limitations of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, THE TOTAL LIABILITY, AGGREGATE, MASIV, OF ITS OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES AND SUBCONTRACTORS AND ANY OF THE FOREGOING TO YOU AND ANY THIRD PARTY, FOR ANY AND ALL CLAIMS, LOSSES, COSTS OR DAMAGES, INCLUDING ATTORNEYS’ FEES AND EXPERTS’ FEES AND EXPENSES OF ANY NATURE OR CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USEARISING FROM ANY CAUSE WILL NOT EXCEED THE TOTAL DAMAGES RECEIVED BY YOU TO THESE TERMS OF USE A TOTAL AMOUNT OF $100.00, WHICHEVER IS GREATER. THIS LIMITATION IS INTENDED TO APPLY TO ANY AND ALL LIABILITY OR CAUSE OF ACTION ON WHATEVER ALLEGATIONS OR HOW ARISING, EXCEPT AS OTHERWISE PROHIBITED BY LAW.

Idemnity

You will fully indemnify, hold harmless and defend Masiv and its directors, officers, employees, agents, shareholders and affiliates (collectively the “Indemnified Parties”) from and against all claims, demands, actions, claims, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorneys’ fees and expenses), whether or not arising out of or relate to (1) any breach of any representation and warranty contained in these Terms of Use, (2) any breach or violation of any contract or other obligation or duty under these Terms of Use or under applicable law.

Force majeure

Neither party shall be liable to the other for any failure to perform any obligation under any of the Terms of Use caused by an event beyond that party’s control including, but not limited to, any force majeure, terrorism, war, political insurrection, riot, civil commotion, act of civil or military power, insurrection, earthquake, flood or any other natural or induced event beyond our control, which causes the termination of an agreement or contract which has been entered into, or which could have been reasonably foreseen. Each party affected by such event shall promptly notify the other party thereof and shall use reasonable efforts to comply with the Terms of Use contained herein.

Waiver

Failure to insist on strict performance of any provision of these Terms of Use or failure to exercise any right or remedy to which we are entitled hereunder shall not constitute a waiver thereof and shall not reduce our obligations under these Terms of Use. No waiver of any provision of these Terms of Use shall be effective unless expressly stated to be so and signed by both parties.

General

The laws of our country of residence govern these Terms of Use and all disputes related to these Terms of Use shall be subject to the exclusive jurisdiction of the courts of the Republic of Serbia. By accessing our websites, you agree to these Terms of Use and to the exclusive jurisdiction of the domiciled courts in our country in all disputes arising from such access. If any of these terms are held invalid or unenforceable for any reason (including but not limited to the exclusions and limitations set forth above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Our failure to enforce any of the provisions set forth in these Terms of Use, or failure to exercise any termination option, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms of Use or the right to enforce any provision.

Minors

You must be at least 13 years of age to access and/or use our websites. If you are a minor over the age of 13, we recommend that you seek the consent of a parent or legal guardian before accessing and/or using our websites.

Termination

We reserve the right to suspend or terminate your access to any or all of our websites (including deleting your account) at any time if we reasonably believe that you have violated any of these Terms of Use. In the event that we suspend or terminate your account, you will have no further access to your account and/or anything associated with it. As stated above, Masiv and any third parties associated with Masiv will not issue any refund to you for any goods or services you have purchased.

Supplementary policies

Masiv may issue additional policies related to specific services (including but not limited to forums, contests or loyalty programs). Your right to use such services is subject to the applicable policies and these Terms of Use.

YOU AGREE THAT YOUR USE OF THE INFORMATION, CONTENT OR SERVICES INDICATES THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THE PROVISIONS HEREOF.

If you have any questions or comments, please contact us at contact@audioforum.rs. Also see our Privacy Policy: LINK

Notice of changes

We reserve the right to change these terms from time to time as we see fit and your continued use of our websites will mean that you accept any adjustment to these terms. If there are any changes to our Terms of Use, we will post that these changes have been made on the front page of our websites. Any changes to these Terms of Use will be posted on our sites ten (10) days before these changes occur.

Table of Contents

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