1. GENERAL PROVISIONS
The content of the General Terms and Conditions of Use of the VIVI portals (hereinafter referred to as the General Terms and Conditions) relates to the terms and conditions of use of the free and paid content and services on the VIVI portals’ websites and constitutes a valid and binding agreement between the Provider and the users or registered users of the VIVI portals.
The VIVI Portals are operated by VIVI d.o.o., Vesnaverjeva 6, 2000 Maribor, Slovenia (hereinafter: VIVI d.o.o.).
These General Terms and Conditions apply to the linked web portals/sites Izbor okusov (www.vivi.si), Šola okusov (www.solaokusov.si) and Teden restavracij (www.tedenrestavracij.si) (hereinafter referred to as the VIVI portals).
The VIVI portals consist of the linked websites/portals, with thematic content, Izbor okusov (www.vivi.si), Šola okusov (www.solaokusov.si) in Teden restavracij (www.tedenrestavracij.si).
The provider, owner and operator of the VIVI portals is VIVI d.o.o.
A user is any person who visits and uses the VIVI portals in any way (“User”).
A member of the Šola okusov is any user who successfully registers and logs in at www.solaokusov.si and purchases access to the paid content of the Šola okusov portal.
A user of the paid services is any natural or legal person who agrees to use the services described in these General Terms and Conditions by registering and logging in to the website of the Šola okusov or by purchasing access to the paid online content of the Šola okusov portal.
The use of the VIVI portals is available to an unspecified number of users who agree to these General Terms and Conditions and to the rules of use of the provider’s online portals.
3. REGISTRATION CONDITIONS
By registering and publishing their content on the VIVI portals, the User authorises VIVI d.o.o. to publish it publicly on all media and in all legally established forms owned by VIVI d.o.o. and its related legal entities and authorises any third party to view and download the content of the VIVI portals on their computer and to temporarily or permanently save it.
VIVI d.o.o. is not responsible for any further disposal by third parties of the content posted by the User, nor does it have any influence on the conduct of third parties, which the User acknowledges and accepts. The User expressly warrants that the publication of his/her content on the Vivi.si website does not infringe the copyright, intellectual property rights or personality rights of third parties, for which he/she shall be liable.
The trademarks appearing or displayed on the Vivi.si website are registered trademarks of which VIVI d.o.o. or its affiliated companies or third parties are the owner or licensee. Any use of these trademarks is expressly prohibited without the prior written consent of the respective rights holder of each trademark. Marks that are not registered as trademarks are protected under copyright law.
4. DESCRIPTION OF THE VIVI PORTAL WEBSITES
The VIVI portals are online culinary portals that educate, advise and invite ‘foodies’, and are therefore made up of the Šola okusov (solaokusov.si), Izbor okusov (vivi.si) and Teden restavracij (tedenrestavracij.si).
The Šola okusov portal educates and informs on how to eat well. The Šola okusov is a subscription-based culinary web of “good-eating” information, educational recipes, tasty tours and knowledge about good food.
The Izbor okusov portal offers advice on where to eat well. Izbor okusov evaluates, selects and invites (to) the best Slovenian pubs and restaurants.
The Teden restavracij portal is the showcase web portal of the Teden restavracij campaign, which invites its users and the general public to the most “tasty week” in Slovenia at least twice a year, in cooperation with participating pubs and restaurants.
In order to provide the best possible experience for its users, the VIVI portals may be updated daily. The User acknowledges and agrees that the form and nature of the content and services provided by the VIVI portals may change from time to time, without the need for the Provider to notify the Users in advance.
The provider of the VIVI portals reserves the right to change any part of the portal and to delete any part of the content without prior notice.
5. ACCESSIBILITY OF THE VIVI PORTALS
The websites/portals are generally accessible 24 hours a day, every day of the year. The Provider reserves the right to interrupt access to the VIVI Portals for short periods of time for technical maintenance and replacement of equipment. For maintenance reasons, the Provider also reserves the right to interrupt access to the VIVI portals for longer periods. The Provider does not guarantee the availability of the portal pages in the event of any outages in the networks of the route providers or any failures, faults, other technical malfunctions or interruptions in the operation of third parties (power supply, etc.) or force majeure.
6. ACCESS MODE
The use of and access to the VIVI portals is guaranteed 24 hours a day, except in the cases provided for in point 5 of the General Conditions. The content provider reserves the right to restrict or terminate access to the VIVI portals’ paid content to a specific password in the event of suspected abuse.
The method of access to the paid content is set out in the instructions on the VIVI portals. Any changes in the way of access and use of the paid content service will be published by the content provider on the VIVI portals.
There are no age restrictions for the use of the paid and free content published on the VIVI portals.
Membership of the School of Tastes is for the user’s own use only. The registration of other persons is not allowed, for which the user guarantees and is responsible and assumes passive legitimation in the event of a dispute. The User may not authorise or register other persons or in any other way redirect the User’s account. Nor may the Service be used for illegal purposes.
The Provider may, at its sole discretion, refuse to grant a username that is suggestive of another person, protected by trademark or other rights, obscene or otherwise unacceptable.
8. OTHER RULES OF USE
In order to ensure the quality of the use of the Services, the User undertakes to comply with all the instructions and other rules of use published on the VIVI portals when accessing and using the Services.
9. GENERAL RECOMMENDATIONS TO USERS
The User is advised to keep his/her password and username carefully. Users should use the Services in accordance with the instructions and recommendations of the Service Provider and the instructions of the Route Provider. Users should be aware that, despite the care and control of the services, misuse is possible. The service provider will inform its users of any changes and updates in all places where the instructions and conditions for use of the services are published.
Comments on the VIVI portals are moderated and operate in accordance with the rules governing their publication.
Commenting on articles is not automatic, but the decision to allow comments on individual articles is the sole responsibility of the editorial staff. In certain cases, commenting on articles is thus disabled.
The submission of a comment is subject to registration and logging in.
11. USER CONTENT AND COPYRIGHT
11.1 Users who contribute content (e.g. photographs, images, illustrations, texts, recordings, other musical works, other audiovisual works, etc.) warrant that the content they send by e-mail or by submitting it via the online form or by any other means is their own original work of authorship or that they are the exclusive owner of all material copyright and related rights in the copyright work. Likewise, he/she warrants that he/she has the permission of the persons appearing in the photograph or video to publish it publicly. The Provider reserves the right not to publish the submitted content in case of doubt that the content is not the copyright work of the sender.
11.2 By submitting the content, the user agrees to transfer to the provider, exclusively and gratuitously, all material copyright or related rights of the said copyright work, namely the material rights of the author as defined by the Copyright and Related Rights Act for the user’s copyright work. By the aforementioned assignment and transfer, the provider acquires general, perpetual and unrestricted rights to the content transmitted. For the avoidance of doubt, the Provider acquires these universal, perpetual and unrestricted titles, rights and interests as to means, time, place and otherwise including without limitation, all rights to copy, distribute, publicly display and modify or adapt the Content and/or the said Work as determined by the Provider in its sole discretion. All submitted content may also be published on social networks and other websites owned by the Provider or its affiliates.
11.3 The Provider reserves the right not to publish the content received or not to allow the publication of any controversial content. If the User, without the Provider’s knowledge, submits content that is protected under the Intellectual Property Act, the Copyright and Related Rights Act and other regulations, the Provider shall not be liable for any infringement of copyright, related rights and other intellectual property rights.
11.4 Each User agrees to the existing General Terms and Conditions by submitting a Submission. By submitting any such submission, the User also agrees that its content may be published in any media of the Provider or its affiliates. The content will remain published for the duration of the campaign, even if the participant decides to cancel his/her participation or withdraws from the campaign. The Provider may also decide to extend the publication period for any length of time.
11.5 The user who contributes content agrees that he/she will not be charged for the publication or that he/she has contributed content free of charge.
12. USE OF PAID CONTENT
Content on the Šola okusov portal is subject to a fee. The User purchases access to them by registering and logging in and paying the membership fee as indicated on the registration form.
The User may also use the paid content free of charge for a limited period of time by registering and signing up for a trial period as indicated on the registration form.
13. PRIVACY AND DATA PROTECTION
13.1. The Provider, who is also the Data Controller, undertakes to protect the personal data of Users with due care and to use it exclusively for the purposes of the provision of the Services. The Provider will handle the data in accordance with the General Data Protection Regulation (GDPR) and the law governing the protection of personal data in force from time to time.
13.2. The Provider obtains personal data with the consent of the Users from various sources, online or written. In most cases, the data is provided by the Users or obtained indirectly by the Provider through the use of the VIVI portal services.
The data collected and processed by the Provider in the context of the activities and services of the VIVI portals are:
– first and last name,
– demographic data (e.g. gender, age, date of birth),
– contact details (e.g. e-mail address, telephone number, residential address),
– information on event attendance and purchasing habits,
– transactional data (data about the channels and applications through which users interact with the VIVI portals and the provider, including web cookies).
The Provider uses the User Data collected for the following purposes only:
– communication with users,
– the provision of services in accordance with these General Terms and Conditions,
– informing you about general information, news, promotions, events, marketing/advertising content and game of prize,
– improving the user experience and obtaining feedback on the Services,
– conducting surveys to obtain opinions on the user experience with the services provided by the provider and the brands,
– managing existing registrations and applications,
– maintaining a database of registered users,
– website administration (allowing content to be viewed according to the user’s status; allowing contributions to be posted on the forum; communicating with the user in the event of technical or content-related questions, etc.),
– statistical research (total number of users, number of new users per unit of time, etc.),
– notification of new content, other news, events in the areas covered by the VIVI portals and other websites owned by the Provider or its affiliates, through all the chosen communication channels (telephone, e-mail, residential address),
– periodically informing you by any chosen communication channel (telephone, e-mail address, residential address) about offers, benefits, special offers, promotions, campaigns and other activities of the business partners of the websites owned by the provider or its affiliates, whether the content is commercial or non-commercial.
In the case of communications from the Provider, the Provider will provide a simple way for users to unsubscribe from receiving communications.
The provider also guarantees the user the right to:
– access to their own personal data,
– rectification or completion of personal data,
– restriction of the processing of personal data,
– the portability of personal data,
– erasure of personal data (“right to be forgotten”),
– to object.
The request for the exercise of each right shall be made by contacting the Provider at email@example.com. The provider will respond to the request without undue delay or at the latest within one month.
The user also has the right to lodge a complaint with the Information Commissioner of the Republic of Slovenia if he/she considers that the processing of his/her personal data has infringed the provisions of the General Data Protection Regulation or the provisions of the Personal Data Protection Act in force.
13.3. Personal data provided to the Provider by Users may be used by the Provider’s employees, employees of the Provider’s contractual partners and contractual processors with whom the Provider has concluded relevant contracts, all for the purpose of providing services within the scope of the purpose of collection. Personal data may also be processed by contractual processors entrusted by the Provider with the processing of individual data.
The Provider shall only process the data within the scope of the lawful legal basis and the purposes chosen and shall not disclose, lend or sell the data to third parties without the relevant legal basis or without prior notice and consent.
13.4. The Provider shall store and protect the personal data of the Users in such a way that any unjustified disclosure of the data to unauthorised persons will not occur. Personal data shall be kept only for as long as is necessary to achieve the purpose for which it was collected.
13.5. The Provider shall have the right to transfer all or part of its business or the VIVI Portals to another new owner in accordance with the law. In this case, the Provider may transfer the management of the VIVI Portals to the new owner in accordance with the applicable regulations as part of this transaction, all with the intention that the new owner may continue to provide the services described in these General Terms and Conditions. If the Provider transfers or sells to a third party any of the trademarks and the provision of the services of the web portals is related to the trademark, the new owner may use the data, within the scope of the purpose for which the data was obtained or the service of any of the web portals itself. In this case, the company of the provider will also change and the new provider will inform the users.
13.6. The provider reserves the right to store information on the user’s computer, tablet or phone or other device in the form of a cookie or similar file, the purpose of which is to adapt the portal to the user’s preferences and to provide user-friendly online services. Their storage is under the full control of the browser used by the user. The user can restrict or disable the storage of cookies if he wishes.
The software used also collects and stores certain technical data, including the IP address of the user. However, no identification or collection of personal data of the persons behind this data or of the persons using the terminal equipment will take place. Nor can this data be linked to other personal data made available by individual users. The user is aware that the provider is obliged to provide information about the user to the public authorities upon a reasoned request and on a legal basis, where there are grounds for suspecting the commission of an offence which is being prosecuted ex officio.
14. LIMITATION OF THE LIABILITY OF THE PROVIDER
By using the VIVI portals, the user is aware of the following risks or conditions:
– The online technologies for downloading and accessing content are not 100% reliable. VIVI as a content provider assumes no liability for any outages caused by the path providers.
– The provider is not liable for malfunctioning of the services resulting from misuse and ignorance of the user.
– The user needs a suitable computer to use the video content and the provider is not liable for technical obstacles on the part of the user.
– To use the video content, the user needs a reasonably fast connection to the Internet. The minimum connection speed required is 128 Kbps and a minimum of 512 Kbps is recommended.
– The content provider cannot guarantee the operation of the services in the event of network outages of the contractual partners, power outages or other technical interruptions that may temporarily interfere with the operation of the services.
– The Content Provider shall not be liable for content published on the VIVI Portals that is authored by users of the VIVI Portals.
The Content Provider has the right to remove inappropriate messages, photos, video and comments at its sole discretion.
15. USER COMMITMENTS
The User undertakes to:
– not use the Service for the purpose of publishing or promoting any content and/or activity that is contrary to applicable law and/or public order, ethics and morality,
– not use threatening, degrading, humiliating or offensive language in his/her communications,
– communicate with other Users on behalf of other persons,
– exploit the Services for any commercial, illegal or any other purpose other than those set out in these Terms,
– distribute copyrighted content or content owned by another legal or natural person,
– not attempt to obtain, collect and/or store personal data of other Users,
– not harass other Users if they express their disagreement with the communication,
– copy, store or transmit in any way, in whole or in part, the content of the VIVI portals and, in particular, the paid content of the Šola okusov portal,
– use computer codes, malicious programs or anything that could interfere with, disable or damage this service, the service provider and its software and hardware.
The Provider shall conduct all possible complaints and other procedures with the Users in accordance with these Terms and Conditions, its operating rules and the applicable legislation of the Republic of Slovenia. The Provider undertakes to resolve any technical and/or substantive complaints on a timely basis.
In the event of justified complaints, the Content Provider undertakes to resolve them as soon as possible and to inform the User thereof.
All complaints related to the functioning of the Internet network shall be resolved by the Internet service provider of the service user.
17. BREACH OF THE GENERAL TERMS AND CONDITIONS
The Provider reserves the right to deny access to the paid (even if they have paid for the service) and free content of the VIVI portals to Users who violate or act in contravention of these General Terms and Conditions.
The Content Provider reserves the right to deny access to users who intentionally or negligently provide third parties with their password and/or username.
If the user causes any damage to the provider by his/her conduct, he/she shall be held fully liable for material and criminal damage.
The user may report any violations in the use of the portal’s website by other users to the service provider by sending an e-mail to firstname.lastname@example.org or in writing to the address of the service provider.