Effective as of 16.12.2020.
General Terms and Provisions
- Consent and Approval
FIREFLY consent or approval may exclusively be deemed to have been granted by FIREFLY in writing form and if signed by an officer of FIREFLY.
- Assignment of the Rights and Obligations
FIREFLY may assign its rights and obligations under these Terms in whole or in part, to any party at any time without any prior notice. These Terms may not be assigned by you, without the prior written consent of an officer of FIREFLY.
- Severability of Provisions
If any provision of these Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, thereby such provision will be deemed severable from these Terms, and the invalidity of the provision shall not affect the validity or enforceability any other provisions provided under the Terms.
- Complete Agreement and Waiver
These Terms reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, and assurances related to the Service. No failure or delay by you or FIREFLY in exercising any of rights hereunder will presume as a waiver of such or any other right, and no waiver or modification of any provisions of these Terms will be effective unless in writing and signed by the party against whom the waiver or modification is to be enforced
The Service contains, among other things, the following:
- materials and other items relating to FIREFLY and its products and services, and similar items from licensors and other third parties, including all information, articles, posts, text, data, files, databases, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, technology, software, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyright material thereon;
- trademarks, logos, trade names, and trade identities of various parties, including those of FIREFLY; and
- other forms of intellectual property (all of the aforementioned, collectively herein referred as: Content).
All rights, title, and interest in and to the Service and the Content is the property of FIREFLY or its licensors or other third parties, and is protected under the regulations in Republic of Serbia and international copyright, trademark, patent and/or other intellectual property and unfair competition rights and laws.
- Availability of Service and Content
FIREFLY may suspend or terminate the availability of the Service and Content, in whole or in part, to any individual user or all users, for any reason, in FIREFLY’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Service, or upon notice from FIREFLY, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Service and Content.
- Limited Licensing and Copyright
Subject to your compliance pursuant to these Terms, FIREFLY grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to view, display, and use the Content on a internet enabled device such as personal computer, browser, laptop, mobile phone, or any other device (each individually referred as: Device) and/or print a copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only.
The limited license herein:
- does not provide any ownership of, or any other intellectual property in any Content, and
- may be suspended or terminated for any reason pursuant to these Terms, on FIREFLY’s sole discretion, and without advance notice or any liability thereof.
Unauthorized use of the Content as described herein, or in any other manner, may infringe copyright, trademark, privacy, and other laws, and any such use may result in personal liability, including potential criminal liability under the regulations of Republic of Serbia or other applicable law.
Restrictions of use
Under the rules setforth herein, you may not:
- use the Service or Content for any political or commercial purpose;
- harvest any information from the Service or Content;
- reverse engineer or modify the Service or Content;
- interfere with the proper usage of or any security measure used by the Service or Content;
- infringe any intellectual property or other right of any third party;
- use the Service or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or
- engage in any activity related to the Service and/or Content that is unlawful, harmful, offensive, harassing, sexually explicit, violent, threatening, abusive, falsely representative, invasive of someone else’s privacy, or otherwise objectionable to FIREFLY;
- send, create or reply to emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent or engage in “spamming”(i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of the Service and Content by any other person.
- you may not reproduce, sell, re-sell or otherwise exploit any resource, or access to any resource, contained on the Service.
- otherwise violate these Terms;
You agree to comply with all local, national, foreign and international laws, regulations, treaties, directives, and agreements applicable to your use of the Service and Content.
Reservation of Rights
All rights not expressly granted herein shall be reserved by FIREFLY and its licensors and/or other third parties. No right or license may be construed, under any legal ground, by implication, or otherwise. Any unauthorized use of the Content or Service for any purpose is prohibited.
Resolving Disputes and Applicable Law
- Arbitration Agreement
You and FIREFLY agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate FIREFLY’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights).
In such a case, FIREFLY may commence a lawsuit for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (i.e. trademark, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
- Arbitration Procedures
The Serbian Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through Belgrade Arbitration Centre, under the Belgrade rules. All disputes arising out of or in connection with Terms shall be finally settled by arbitration organized in accordance with the Rules of the Belgrade Arbitration Center (Belgrade Rules). Applicable substantive law shall be Serbian. The place of arbitration shall be in Belgrade, Serbia. The language to be used is Serbian. The number of arbitrator is one.
- Applicable substantive law
In any circumstances where the agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the Republic of Serbia, excluding its conflict of law rules.
You hereby agree to indemnify and endeavour to hold harmless FIREFLY from all claims, and/or any liabilities, losses damages, costs (including without limitation attorneys fees and costs) arising out of or in connection with your:
- breach or alleged breach of the Terms herein and/or misuse of the Service;
- violation of any laws, rules, regulations, and/or orders of any governmental authorities;
- violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right.
Updates and Amendments to Terms
FIREFLY reserves the right to modify, amend and/or replace any part of Terms herein, without prior notice. You agree that FIREFLY may notify you of any updated Terms by posting them on the Service so that they are accessible via a link from the home page. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated.
Disclaimer of Representations and Warranties
THE SERVICE IS PROVIDED ON “AS IS,” “AS AVAILABLE,” BASIS. NEITHER FIREFLY NOR ANY OF ITS MEMBERS, DIRECTORS, MANAGERS, EMPLOYEES AND/OR AGENTS (COLLECTIVELY, THE FIREFLY TEAM) MAKE ANY REPRESENTATIONS, WARRANTIES OF ANY KIND TO THE CONTENT OR ANY OTHER SERVICES, WHETHER DIRECT OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
NOTWITHSTANDING THE AFORESAID, DISCLAIMERS PROVIDED HEREIN DO NOT EXCLUDE LIABILITY FOR DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM FIREFLY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
Limitations of Our Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER THE REGULATIONS OF REPUBLIC OF SERBIA, IN NO EVENT SHALL THE FIREFLY TEAM BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER LOSSES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THESE TERMS OR IN CASE OF MISUSE OF THE SERVICE OR ANY CONTENT AVAILABLE THEREON OR THROUGH THE SERVICE.
THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, LEGAL ACT OR ANY OTHER LEGAL GROUNDS.
NOTWITHSTANDING THE AFORESAID, DISCLAIMERS PROVIDED HEREIN DO NOT EXCLUDE LIABILITY FOR DAMAGES REGARDING PERSONAL INJURY OR RESULTING FROM FIREFLY INTENTIONAL MISCONDUCT, FRAUD, OR GROSS NEGLIGENCE.