Terms of use

Last updated 2. September 2021

AGREEMENT TO THE TERMS OF USE

These Terms of Use constitute a legally binding agreement between you, personally or on behalf of the entity (“you”) and KOTNIG, gostinstvo in turizem doo (“Company”, “we”, “we” or “our”), in connection with your access to and use of the website https://kotnig.si/ as well as any other media form, media channel, mobile website or a mobile application that is connected, connected, or otherwise associated with it (collectively, the “Website”). We are registered in Slovenia and have our registered office at Kitni Vrh 1a, Zagradec, Zagradec 1303. Our VAT number is SI49926110. You agree that by accessing the Website, you have read, understood and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE TO ALL TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST STOP USING IMMEDIATELY.

Additional terms or documents that may be posted on the Website from time to time are expressly incorporated herein by reference. We reserve the right, in our sole discretion, to change or amend these Terms of Use from time to time. We will notify you of any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive special notice of any such change. Make sure you check the applicable terms and conditions each time you use our site to understand which terms apply. It will apply to you and you will be deemed to be aware of changes to any revised terms of use and will accept them with your continued use of the website after the date of publication of these revised terms of use.

The information on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would be subject to any requirement to register in such jurisdiction or countries. . Accordingly, those persons who choose to access the Website from other sites do so on their own initiative and are solely responsible for compliance with local law, if and to the extent of local law.

The website is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register the Website.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, the Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photos and graphics on the Website (“Content” together) and trademarks, the trademark services and logos contained therein (“trademarks”) are owned or controlled by us or are licensed to us and are protected by copyright and trademark law and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The content and tags are only available on the “AS IS” website for your information and personal use. Except as expressly provided in these Terms of Use, no part of the Site and no content or tags may be copied, reproduced, combined, republished, uploaded, published, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise used for any commercial purpose without our express prior written permission.

Provided that you qualify to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any part of the Content that you have properly accessed solely for your personal, non-commercial purposes. use. We reserve all rights not expressly granted to you and to the Website, Content and Tags.

USER PRESENTATIONS

By using the Website, you represent and warrant that: (1) you have legal capacity and agree to abide by these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Website for any illegal or unauthorized purposes; and (5) your use of the Website will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, out of date or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Site (or any part of it).

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than those for which we make the Site available. The Website may not be used in connection with any commercial ventures other than those specifically approved or endorsed by us.

As a user of the Website, you agree not to:

1. Systematically retrieve data or other content from a site to create or translate, directly or indirectly, a collection, compilation, database, or directory without our written permission.

2. Mislead, cheat, or mislead us and other users, especially in any attempt to obtain sensitive account information, such as user passwords.

3. Bypass, disable, or otherwise interfere with the security-related features of the Website, including features that prevent or restrict the use or copying of any content or enforce restrictions on the use of the Website and / or the content contained therein.

4. Disparaging, tarnishing or otherwise harming us and / or the Website in our opinion.

5. Use any information obtained from the Website to harass, abuse or harm another person.

6. Incorrectly use our support services or submit false reports of abuse or misconduct.

7. Use the Website in a manner that does not comply with applicable laws or regulations.

8. Participate in unauthorized design or association with the Website.

9. Upload or submit (or attempt to upload or download) viruses, Trojan horses, or other material, including excessive capitalization and spam (continuous posting of repetitive text) that interferes with the smooth use and enjoyment of any site on the Website or modifies, degrades, interferes with, alters or interferes with the use, functions, functions, operation or maintenance of the Website.

10. Participate in any automated use of the system, for example by using scripts to send comments or messages or by using any data mining, robots or similar tools to collect and extract data.

11. Delete the copyright or other proprietary rights notice from any content.

12. Try to introduce yourself as another user or person or use another username.

13. Upload or submit (or attempt to upload or download) any material that acts as a passive or active mechanism for collecting or transmitting information, including unlimited formats for sharing clear graphics (“gifs”), 1 × 1 pixels, web bugs , cookies or other similar devices (sometimes called “spyware” or “passive collection mechanisms” or “pcms”).

14. Disrupt, disrupt, or create unnecessary burdens on the Site or the networks or services associated with the Site.

15. Harass, harass, intimidate or threaten any of our employees or agents who provide you with any part of the Website.

16. Try to circumvent any measures taken by the Site to prevent or restrict access to the Site or any part of the Site.

17. Copy or customize the Website Software, including, but not limited to, Flash, PHP, HTML, JavaScript, or other code.

18. Except as permitted by applicable law, decrypt, decompile, disassemble, or reverse engineer any software that makes up or in any way forms part of the Website.

19. Unless this may be due to the normal use of a search engine or Internet browser, the use, start-up, development or distribution of any automated system, including any spider, robot, cheat aid, scraper or offline reader that accesses the Website , or use or run any unauthorized script or other software.

20. Use a shopping or purchasing agent to make purchases on the site.

21. Perform any unauthorized use of the Website, including collecting usernames and / or email addresses of users by electronic or other means of sending unsolicited e-mail or creating user accounts by automated means or under false pretenses.

22. Use the Website as part of any endeavor to compete with us or otherwise use the Website and / or Content for any revenue-generating or commercial enterprise.

CONTRIBUTIONS GENERATED BY USERS

The site does not offer users to send or publish content. We may offer you the ability to create, submit, publish, display, transmit, perform, publish, distribute or broadcast content and material to us or on the Website, including but not limited to text, records, video, audio, photos, graphics , comments, suggestions or personal data or other material (together “Contributions”). Posts can be viewed by other users of the website and through third party websites. Therefore, any submissions you submit may be treated in accordance with the site’s privacy policy. By creating or making available any contributions, you represent and warrant that:

1. The creation, distribution, transfer, public display or performance, and access to, contribution to, transfer of, or copying of your contributions do not infringe, and will not infringe, but is not limited to, copyright, patent, trademark, trade secret. , or the moral rights of any third party.

2. You are the creator and owner or have the necessary licenses, rights, consents, publications and permissions to use and authorize us, the site and other users of the site to use your contributions in any way provided by the site. and these terms of use.

3. You have the written consent, release and / or permission of each identifiable individual in your contributions to use the name or image of each such identifiable individual to enable the inclusion and use of your contributions in any way provided by and these Terms of Use.

4. Your contributions are not false, inaccurate or misleading.

5. Your contributions are not unsolicited or unauthorized advertising, promotional material, pyramid schemes, chain letters, spam, mass mailing, or other forms of solicitation.

6. Your contributions are not obscene, lewd, lewd, dirty, violent, harassing, defamatory, defamatory, or otherwise controversial (as we specify).

7. Your contributions do not ridicule, ridicule, belittle, intimidate or abuse anyone.

8. Your contributions are not used to harass or threaten (in the legal sense of these terms) any other person and to encourage violence against a particular person or group of people.

9. Your contributions do not violate any applicable law, regulation or rule.

10. Your contributions do not infringe the rights of privacy or publicity of third parties.

11. Your contributions do not violate any applicable legislation regarding child pornography or otherwise intended to protect the health or well-being of minors.

12. Your posts do not include offensive comments related to race, national origin, gender, sexual desires or physical disabilities.

13. Your contributions do not otherwise violate or relate to material that violates any provision of these Terms of Use or any applicable law or regulation.

Any use of the Website that is inconsistent with the foregoing violates these Terms of Use and may, inter alia, result in the termination or suspension of your rights to use the Website.

CONTRIBUTION LICENSE

You and the Website agree that we may access, store, process and use all information and personal information you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we may use and share such feedback for any purpose without compensation to you.

We do not claim any ownership of your contributions. Retain full ownership of all your contributions and all intellectual property rights or other proprietary rights associated with your contributions. We are not responsible for any statements or statements in your contributions that you have made in any area of the Site. You are solely responsible for your contributions to the Site and expressly agree to release us from any liability and to refrain from any legal action against us in connection with your contributions.

PROPOSALS

You acknowledge and agree that all questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Templates”) that you provide to us are not confidential and become our sole property. We have exclusive rights, including all intellectual property rights, and we are entitled to the unrestricted use and dissemination of these contributions for any lawful purpose, commercial or otherwise, without recognition or compensation to you. You hereby waive all moral rights to any such contribution, thereby guaranteeing that all such contributions are original to you or that you have the right to submit such contributions. You agree that we will not complain against us for any alleged or actual violation or misappropriation of any property rights in your contributions.

PLACE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in its sole discretion, violates the law or these Terms of Use, including the unrestricted reporting of such a user to law enforcement; (3) in its sole discretion and without limitation, refuse, restrict access to, restrict availability or disable (as far as technologically feasible) any of your contributions or any part of; (4) at its sole discretion and without limitation, notice or liability, remove from the Website or otherwise disable any files and content that are excessive or in any way burden our systems; and (5) otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.

DURATION AND TERMINATION

These terms of use remain in full force and effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISIONS OF THESE TERMS OF USE reserves the right, at TOURIST discretion and without notice or liability refuses access to, and use WEB SITE (INCLUDING block specific decision-making IP) NO NO REASON, INCLUDING WITHOUT LIMITATION WITH VIOLATION OF KIND ORDERS, WARRANTIES OR UNDERTAKINGS, CONTENTS UNDER THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. YOUR USE OR PARTICIPATION ON THE WEBSITE MAY BE DOWNLOADED OR DELETED BY ANY CONTENT OR INFORMATION YOU HAVE PUBLISHED AT ANY TIME, WITHOUT WARNING, AT OUR OUR WARNING.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your own name, false or borrowed name, or the name of any third party, even if you may be acting on behalf of a third party. fun. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including unlimited civil, criminal, and prohibitive damages.

CHANGES AND INTERRUPTIONS

We reserve the right to change, change or remove the content of the website at any time or for any reason at our own discretion without prior notice. However, we are not obligated to update any information on our site. We also reserve the right to change or discontinue all or part of the Site at any time without notice. We will not be liable to you or any third party for any change, price change, suspension or termination of the website.

We cannot guarantee that the site will be available at all times. We may have hardware, software, or other issues, or we may need to perform site-related maintenance that results in interruptions, delays, or errors. We reserve the right to change, update, suspend, discontinue or otherwise change the Website at any time or for any reason without prior notice. You agree that we are not responsible for any loss, damage or inconvenience caused by your inability to access or use the Website during the downtime or termination of the Website. Nothing in these Terms of Use shall be construed to oblige us to maintain and maintain the Site or to provide any corrections, updates or releases in connection therewith.

RIGHT

These conditions are regulated and interpreted by the legislation of Slovenia, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If you are habitually resident in the EU and you are a consumer, you have the additional protection provided by the mandatory provisions of the law of your country of residence. KOTNIG, gostinstvo in turizem doo and both agree to submit to the non-exclusive jurisdiction of the courts in Ljubljana, which means that you can apply for protection of your consumer protection rights in relation to these Terms of Use in Slovenia or in the EU country where you reside. .

CONFLICT SOLVING

Informal negotiations

To expedite the resolution and cost control of any disputes, disputes or claims related to these Terms of Use (each “Dispute” and collectively “Disputes”) entered by you or us (individually, “Customer” and collectively, “Customers”) , the Parties agree to first attempt to negotiate any dispute (other than those expressly set forth below) at least thirty (30) days prior to the commencement of the arbitration. Such informal negotiations shall be initiated by written notification from one Party to the other.

Binding arbitration

Any disputes arising out of the relationship between the parties to this contract shall be decided by one arbitrator, selected in accordance with the arbitration and internal rules of the European Court of Arbitration, part of the European Arbitration Center based in Strasbourg, in force at the time. filing a request for arbitration and whose acceptance of this clause constitutes acceptance. The seat of the arbitration is Ljubljana, Slovenia. The language of the proceedings is Slovenian and English. The applicable substantive law rules are Slovenian law.

Limits

The parties agree that each arbitration shall be limited to a dispute between the parties individually. To the extent permitted by law, (a) no arbitration may be combined with any other proceedings; (b) there is no right or power to arbitrate in any dispute based on class actions or to use class actions; in (c) there is no right or authority to initiate any dispute as an alleged representative on behalf of the general public or any other person.

Exceptions to informal negotiations and arbitration

The parties agree that the following disputes shall not be subject to the above provisions relating to informal negotiations and binding arbitration: (a) any dispute for the purpose of enforcing or protecting or concerning the validity of any of the intellectual property rights of a Party; (b) any dispute relating to or arising out of allegations of theft, piracy, invasion of privacy or unauthorized use; in (c) any claim for damages. If this provision is found to be illegal or unenforceable, neither Party shall decide to arbitrate any dispute falling under this part of this provision which is found to be illegal or unenforceable, and such dispute shall be decided by the competent the court within the courts of the jurisdictions listed above and the parties agree to submit to the personal jurisdiction of that court.

AMENDMENTS

The Website may contain information that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies or deficiencies and to change or update the information on the website at any time without prior notice.

DISCLAIMER

THE PLACE IS PROVIDED ON THE BASIS AS IT IS AND AS IT IS AVAILABLE. YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR EXCLUSIVE RISK. TO THE BEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE ONLINE WEBSITE AND YOUR USE, INCLUDING, WITHOUT LIMITATIONS. WE DO NOT MAKE ANY WARRANTY OR STATEMENT OF THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE WEBSITE OR THE CONTENT OF ANY WEBSITES RELATED TO THE WEBSITE, AND WE DO NOT ASSUME RESPONSIBILITY OR RESPONSIBILITY OR RESPONSIBILITY. (1., 2.) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OR USE. STORED THERE, (4) SUSPENSION OR TERMINATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BEETLE, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE AND WEB SITE FOR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF ANY PUBLISHED, SENT OR DIFFERENTLY MADE THROUGH THE CONTENT WEBSITE. WE DO NOT WARRANT, WE DO NOT CONFIRM OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED ON THIRD PARTIES THROUGH THE WEBSITE OR ANY ONLINE ADVERTISEMENTS OR ADVERTISEMENTS. BE RESPONSIBLE FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. SO, WHEN YOU PURCHASE A PRODUCT OR SERVICE THROUGH ANY MEDIA OR IN ANY ENVIRONMENT, YOU WILL USE YOUR BEST JUDGMENT AND BE CAREFUL WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

WE OR OUR DIRECTORS, EMPLOYEES OR REPRESENTATIVES WILL NOT BE LIABLE TO YOU OR THIRD PARTIES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXAMPLE, INCIDENTAL, SPECIAL, SPECIFIC, SUCH DAMAGES. NOTHING ABOUT ANY CONTRARY CONTAINED IN THIS DOCUMENT, OUR LIABILITY TO YOU FOR ANY CAUSE AND REGARD TO THE FORM OF ACTION WILL ALWAYS BE LIMITED TO THE AMOUNT PAID TO US. CERTAIN STATE LAWS OF SLOVENIA AND INTERNATIONAL LAW DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE PERFORMANCE OR RESTRICTIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

COMPENSATION

You agree to defend, indemnify, and protect us from any loss, damage, liability, claim or claim, including reasonable attorneys, including our affiliates, affiliates, and all of our officers, agents, partners, and employees. ‘fees and expenses incurred by any third party as a result of or arising from: (1) the use of the Website; (2) violation of these terms of use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your infringement of third party rights, including but not limited to intellectual property rights; or (5) any manifestly harmful act to any other user of the Site with whom you have linked through the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume sole defense and control of any matter for which you must reimburse us, and you agree to participate in our defense of such claims at your own expense. We will endeavor to notify you of any such claim, act or proceeding to which this indemnity applies when we become aware of it.

USER DATA

We will retain certain information that you provide to the Website for the purposes of managing the operation of the Website, as well as information regarding your use of the Website. Although we perform regular routine data backups, you are solely responsible for all information you provide or relating to any activity you perform using the Website. You agree that we will not be liable to you for any loss or damage to such data, and you hereby waive any right to sue us arising out of any loss or damage to such data.

ELECTRONIC COMMUNICATION, TRANSACTIONS AND SIGNATURES

Visiting the website, sending e-mails and filling out online forms constitute electronic communication. You agree to receive electronic communications and agree that all agreements, notices, disclosures and other communications we provide to you electronically, by e-mail and on the Website meet all legal requirements for such communication to be in writing. YOU AGREE TO USE THE ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND THE ELECTRONIC SUBMISSION OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS BEGINNING OR ENDING WITH US. You hereby waive any rights or claims under any statute, regulation, policy, ordinance or other law in any jurisdiction requiring the original signature or delivery or storage of non-electronic records, or for the payment or approval of credits to any other way as by electronic means.

MISCELLANEOUS

These Terms of Use and any policies or rules of operation that we post on or in connection with this Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. These terms of use apply to the fullest extent permitted by law. We may transfer any or all of our rights and obligations to others at any time. We will not be liable or liable for any loss, damage, delay or inaction resulting from any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is found to be illegal, void or unenforceable, that provision or part of the provision shall be deemed separate from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions. There is no joint venture, partnership, employment or agency relationship between you and us as a result of these Terms of Use or Use of the Website. You agree that these terms of use will not be applied against us because we have prepared them. You hereby disclaim any representations you may have based on the electronic form of these Terms of Use and the absence of signatures of the parties to enforce these Terms of Use.

CONTACT US

To resolve a complaint regarding the website or for additional information on the use of the website, contact us at:

KOTNIG, gostinstvo in turizem doo

Kitni Vrh 1a

Zagradec, Zagradec 1303

Slovenia

Phone: +386 31 895 321

info.kotnig@gmail.com