Website Terms and Conditions of Use
 

Welcome to Benka Pulko's website ("Site"). These terms and conditions of use ("Terms") constitute a legal agreement between you and a subsidiary of Benka Pulko / Undara Studio. 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 / Undara Studio. 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 / Undara Studio. All elements of Benka Pulko's 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 / Undara Studio, 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 / Undara Studio. You shall indemnify Benka Pulko / Undara Studio, 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 / Undara Studio. 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 / Undara Studio for use of this Site.

Trademarks
BenkaPulko and Believe in Yourself and Kickstart the World are international trademarks of Benka Pulko / Undara Studio. 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 / UNDARA STUDIO 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 / UNDARA STUDIO 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 / UNDARA STUDIO, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE.

Benka Pulko / Undara Studio 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 / Undara Studio. 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's 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 / Undara Studio 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 / Undara Studio 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 / Undara Studio, such action is necessary or desirable beyond that relief immediately afforded through an arbitration proceeding.

No Waiver, Severability
No action of Benka Pulko / Undara Studio, 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 / Undara Studio and you relating to your use of this Site.

© 1997-2009 Benka Pulko. All rights reserved.