Welcome to Benka Pulko website ("Site").
These terms and conditions of use ("Terms") constitute a legal
agreement between you and a subsidiary of Benka Pulko. Your use of this
Site constitutes your acceptance of the Terms. If you do not agree with
the Terms, please do not use this Site.
Ownership of This Website and Its Contents
This Site is owned and operated by Benka Pulko. All of the content featured
or displayed on this Site, including, but not limited to, text, photographs,
graphics, images, moving images, sound, illustrations and software ("Content"),
is owned by Benka Pulko. All elements of Benka Pulko Site, including,
but not limited to, the general design and the Content, are protected
by trade dress, copyright, moral rights, trademark and other laws relating
to intellectual property rights. Except as explicitly permitted under
this or another written license or agreement with Benka Pulko, no portion
or element of the Site or its Content may be copied or retransmitted via
any means and all related rights shall remain the exclusive property of
Benka Pulko. You shall indemnify Benka Pulko, our affiliates and licensors
against any losses, expenses, costs or damages incurred by any or all
of them as a result of your breach of these Terms or your unauthorized
use of the Content or Site.
Use of the Site
This Site and its Content are intended for anyone. You may not use this
Site or the Content for any purpose not related to Benka Pulko. Any use
of the Content, this Site or any of its functionality for a purpose not
permitted by these Terms is grounds for the immediate revocation of any
usernames, passwords, codes or other permissions that may have been granted
by Benka Pulko for use of this Site.
Trademarks
"BenkaPulko” and “Believe in Yourself and Kickstart the World” are
international trademarks of Benka Pulko. All other trademarks logos and
service marks (collectively, the "Trademarks") appearing on
the Site are Trademarks of their respective owners. Nothing contained
on the Site should be construed as granting, by implication, estoppels
or otherwise, any license or right to use any Trademark displayed on the
Site without the written permission of its respective owner. Your use
of the Trademarks displayed on the Site except as provided in these Terms
is strictly prohibited.
Disclaimers
THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND BENKA PULKO
EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
BENKA PULKO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE OR THE UNAVAILABILITY OF THE SITE, INCLUDING, BUT
NOT LIMITED TO, LOST PROFITS AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE
AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS
OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU,
NOT BENKA PULKO, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION DUE TO YOUR USE OF THIS SITE.
Benka Pulko uses reasonable efforts to ensure the accuracy,
correctness and reliability of the Content, but we make no representations
or warranties as to the Content's accuracy, correctness or reliability.
Images of people or places displayed on the Site are either the property
of, or used with permission by, Benka Pulko. The use of these images by
you, or anyone else authorized by you, is prohibited unless specifically
permitted by these Terms or specific permission provided elsewhere on
the Site or by separate license or agreement. Any unauthorized use of
these images may violate copyright laws, trademark laws, the laws of privacy
and publicity, and communications' regulations and statutes.
There may be links to other websites from this Site;
however, these other websites are not controlled by Benka Pulko Site and
we are not responsible for any content contained on any such website or
any loss or damage suffered by you in relation to your use of such websites.
You waive any and all claims against Benka Pulko regarding the inclusion
of links to outside websites or your use of those websites.
Some countries do not permit the exclusion or limitation
of implied warranties or liability for certain categories of damages.
Therefore, some or all of the limitations above may not apply to you to
the extent they are prohibited or superseded by state or national provisions.
Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the laws
of Slovenia, without reference to its laws relating to conflicts of law
and not including the provisions of the 1980 United Nations Convention
on Contracts for the International Sale of Goods. Venue for all disputes
arising under this Agreement shall lie exclusively in the Superior Court
in Ljubljana, Slovenia. Users of this Site agree that any and all disputes
arising from the use of this Site, or the ordering of materials from this
Site, shall be settled by binding arbitration. Notwithstanding the foregoing,
however, Benka Pulko shall have the right to commence and prosecute any
legal or equitable action or proceeding before any non-Slovene court of
competent jurisdiction to obtain injunctive or other relief in the event
that, in the opinion of Benka Pulko, such action is necessary or desirable
beyond that relief immediately afforded through an arbitration proceeding.
No Waiver, Severability
No action of Benka Pulko, other than an express written waiver or amendment,
may be construed as a waiver or amendment of any of these Terms. If any
clause in these Terms is found to be unenforceable, wherever possible,
this will not affect any other clause and each will remain in full force
and effect. We reserve the right to change these Terms, the Content displayed
on this Site, any license or product prices contained on the Site and
any information or license terms without prior notice. These Terms set
out the entire agreement between Benka Pulko and you relating to your
use of this Site.
© 1997-2006 Benka Pulko. All rights reserved. |
