1. The Slatnar Service.
Slatnar provides a number of Internet-based services through the Website (all such services, collectively, the "Slatnar Service").
2. Use of the Web Site and Slatnar Service.
Slatnar will only knowingly provide the Slatnar Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Slatnar Service only under the supervision of a parent or legal guardian who agrees to be bound by this TOU. The Slatnar Service is not intended for children under the age of 13.
2.2 Compliance with TOU and Applicable Law.
You must comply with all of the terms and conditions of this TOU, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Slatnar Service and the Website.
2.3 Your License to Use the Web Site and the Slatnar Service.
(a) Slatnar solely and exclusively owns all intellectual property and other rights, title and interest in and to the Slatnar Service and Website, except as expressly provided for in these TOU. For example and without limitation, Slatnar owns the trademark Slatnar; the copyrights in and to the Website, and certain technology used in providing the Slatnar Service. You will not acquire any right, title or interest therein under this TOU or otherwise to any intellectual property owned by Slatnar.
(b) Slatnar grants you a limited revocable license to access and use the Website and the Slatnar Service for its intended purposes, subject to your compliance with this TOU. This license does not include the right to collect or use information contained on the Website for purposes prohibited by Slatnar; to compete with Slatnar; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach this TOU, Slatnar may revoke the license granted to you.
2.4 Third-Party Services.
3. General Rules.
3.1 Prohibited Use.
You may only use the Slatnar Service as expressly permitted by Slatnar. You may not cause harm to the Website or the Slatnar Service. Specifically, but not by way of limitation, you may not: (i) interfere with the Slatnar Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Slatnar Service; (iii) interfere with, or disrupt the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Slatnar Service; (iv) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology; (v) collect electronic mail addresses or other information from third parties by using the Slatnar Service; (vi) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain Slatnar' name or trademarks; (viii) engage in any activity that interferes with another user's ability to use or enjoy the Slatnar Service; or (ix) assist or encourage any third party in engaging in any activity prohibited by this TOU.
3.3 Ordering Policies.
If you purchase Products, you agree to do so in accordance with Slatnar' Ordering Policy and instructions on the Website. Title to the Products you purchase passes to you when the Products are delivered to the common carrier.
4. Reservation of Rights.
Slatnar reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If Slatnar determines, in its sole and absolute discretion, that you or another Slatnar user will breach a term or condition of this TOU or that such transaction or communication is inappropriate, Slatnar may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
4.2 Modification of the Service.
Slatnar reserves the right to modify the organization, structure or "look and feel" of the Slatnar Service or the Website, and may change, suspend, or discontinue any aspect of the Slatnar Service at any time without any liability to you or any third party. Slatnar shall have complete discretion over the features, functions, prices and other terms and conditions on which the Slatnar Service is offered to Slatnar users.
When you submit requests, questions, communications or any other information ("Submissions"), you grant Slatnar permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that Slatnar will have no obligation to keep any Submissions confidential. You will not bring a claim against Slatnar based on "moral rights" or the likes arising from Slatnar' use of a Submission.
6. Representations and Warranties.
6.1 Mutual Representations and Warranties.
You represent and warrant to Slatnar and Slatnar represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOU, (ii) the execution and performance of your or its obligations under this TOU does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOU is a legal, valid and binding obligation of the party entering into this TOU, enforceable in accordance with its terms and conditions.
6.2 By You.
You represent and warrant to Slatnar that, in your use of the Slatnar Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will not violate any applicable laws, rules, and regulations, including, without limitation, by exploiting images or the likeness of minors.
7. Disclaimers and Exclusions.
DISCLAIMER OF WARRANTIES. SLATNAR PROVIDES THE WEBSITE AND SLATNAR SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. SLATNAR DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SLATNAR SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. SLATNAR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOU, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
8. Limitation of Liability.
LIMITATION OF LIABILITY. SLATNAR WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SLATNAR SERVICE OR THIS TOU, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THIS TOU OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOU, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOU EXCEED THE GREATER OF (i) THE AMOUNT PAID BY SLATNAR TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.
You hereby indemnify and hold Slatnar and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of this TOU through any act or omission, including without limitation monetary damages incurred by Slatnar due to any breach of this Agreement or violation of any policy. If you have to indemnify Slatnar under this Section, Slatnar will have the right to control the defense, settlement, and resolution of any Claim solely as against you and at your sole expense. However, you may not settle or otherwise resolve any Claim without Slatnar' express written permission.
In its sole discretion, with or without notice to you, Slatnar may: (i) suspend, limit your access to or terminate your use of the Website and/or the Slatnar Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from Slatnar' servers and directories and (iv) prohibit you from using the Slatnar Service and/or the Website.
Notwithstanding Section 10.1 above, this TOU will survive indefinitely unless and until Slatnar chooses to terminate this TOU.
10.3 Effect of Termination.
If you or Slatnar terminates your use of the Website or the Slatnar Service, Slatnar may delete any Content or other materials relating to your use of the Slatnar Service on Slatnar' servers or otherwise in its possession and Slatnar will have no liability to you or any third party for doing so.
All notices required or permitted to be given under these TOU will be in writing and delivered to the other party by any of the following methods: (i) regular mail, or (ii) electronic mail. If you give notice to Slatnar, you must use the following addresses: Slatnar d.o.o., Ulica Ignaca Borštnika 16, SI-4207 Cerklje na Gorenjskem, Slovenia (EU), email@example.com. If Slatnar provides notice to you, Slatnar will use the contact information provided by you to Slatnar. All notices will be deemed received as follows: (i) if by delivery regular mail, seven (7) business days after dispatch, or (ii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
12. Dispute Resolution.
All disputes arising out of, relating to or connected with these TOU or your use of any part of the Slatnar Service will be exclusively resolved under confidential binding arbitration held in District Court in Kranj, Slovenia, before and in accordance with the Rules of JAMS, by a sole arbitrator applying Slovenia law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. Each party hereby irrevocably submits to the personal jurisdiction of the district courts in Slovenia. Notwithstanding anything to the contrary in this Section 12, Slatnar may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
These TOU will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of Slovenia without reference to conflict of law principles. This TOU is not assignable or transferable by you without the prior written consent of Slatnar. This TOU (including all of the policies and other Agreements described in this TOU, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this TOU will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Slatnar are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOU. The invalidity or unenforceability of any provision of this TOU will not affect the validity or enforceability of any other provision of this TOU, all of which will remain in full force and effect.