Terms of Use

Terms & Conditions

TERMS OF USE

Welcome to Boonika, site that supports art… no bullshit!.
We aspire to do the right, ethical and legal thing in bringing you this site, and we ask that you use the same judgment as you read, use, and share the content hosted on Boonika. What we ask, when using Boonika, is that you give credit where appropriate and don’t edit our content. If we’ve made an error, please let us know. Use our contact form to reach us.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY:

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The content and services offered at www.boonika.org, are provided to you under the terms and conditions of this Boonika Terms of Service (”BTOS”), and any operating rules or policies that may be published by Boonika at the URL: HYPERLINK “http://www.boonika.org” www.boonika.org.
The BTOS comprises the entire agreement between you and Boonika and supersedes all prior agreements between the parties regarding the subject matter contained herein.
BY COMPLETING THE REGISTRATION PROCESS, OR USING BOONIKA, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use Boonika as long as you adhere to these Terms of Service.

2. ELIGIBILITY AND SERVICES VOID WHERE PROHIBITED
You must be thirteen or older to register as a member of Boonika. Use of the Services is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.

3. GENERAL TERMS AND CONDITIONS
The web site located at www.Boonika.org (the “Site” or “Boonika.org”) is provided by Boonika, for your and others’ personal enjoyment and professional development, subject to these terms and conditions of use and all modifications thereto (”Terms and Conditions”), and the rules that may be published from time to time by Boonika.
By using this site, you are deemed to have agreed to these Terms and Conditions. Boonika may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on Boonika.net. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions, please do not use this site.

4. PRIVACY POLICY
Information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://boonika.org/about/privacy-policy/

5. DESCRIPTION OF SERVICE
Boonika provides Users with a variety of online services, including but not limited to:
BOONIKA-GENERATED CONTENT. Examples of how creative professionals manage their ideas and increase productivity.
USER-GENERATED CONTENT. Uploaded or entered multimedia content developed and owned by creative professionals across industries.
GIG LIST. A directory of jobs in the creative professional community.
TIP EXCHANGE. A directory of user-generated tips for creative professionals.
ONLINE STORE. Boonika sells productivity-related products and services in its online outfitter.
OTHER FEATURES. You may also conduct various other tasks through the service. In order to use any feature of the Service not described above, you may be required to register for a free Boonika account.

6. EVENT DISCLAIMERS AND LIMITATION OF LIABILITY: YOUR PARTICIPATION IN ANY PUBLIC OR PRIVATE EVENT IS AT YOUR SOLE AND EXCLUSIVE RISK. BY USING BOONIKA YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES. BOONIKA HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING BOONIKA, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARTIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE EVENT OR ACTIVITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE BOONIKA FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS BOONIKA, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING THE USER AT THE EVENTS.

7. CONTENT
You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials (”Content”) which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your e-mail communications, information, photos or images posted by you or posted on your Blog and information, photos, images, sound files or other Content posted by you in a forum or other page. All Content posted by you, is your sole responsibility. By posting Content you warrant and represent that you own all right, title and interest to that Content and any likenesses contained in that Content. Boonika does not control the Content posted by users such as yourself via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using Boonika you understand and agree that you may be exposed to Content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will Boonika be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.

8. USER’S GRANT OF LIMITED LICENSE
Boonika does not claim ownership of Content you submit or make available for inclusion on the Service. It is also never our intention to misuse or in any way alter the artistic integrity of the work posted by creative professionals on the service. We abide by the privacy settings selected for projects. However, given the nature of the propagation of content in the Boonika Network and other sites that may feature publicly accessible work on the site, we require that users grant us a limited license. With respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Boonika the following worldwide, royalty-free and non-exclusive license(s), as applicable:

a. With respect to Content you submit or make available for inclusion on publicly accessible areas of Boonika.org the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Boonika to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Boonika removes such Content from the Service.

b. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Boonika the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Boonika removes such Content from the Service.

“Publicly accessible” areas of the Service are those areas of the Boonika Network or properties that are intended by Boonika to be available to the general public. By way of example, publicly accessible areas of the Service would include Boonika.
You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Boonika. You also warrant that any “moral rights” in posted materials have been waived.

By submitting ideas, suggestions, documents, and/or proposals (”Contributions”) to Boonika through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Boonika is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Boonika shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Boonika may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Boonika without any obligation of Boonika to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Boonika under any circumstances.

9. USER CONDUCT
This Site and any communications service, including the capability to contribute links and other information (each such submission, a “Contribution”), or other interactive service that may be available to you on or through this site (collectively, the “Services”) are provided to you solely for entertainment purposes.
a. By using the Site and Services you agree to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and/or any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Boonika reserves the right to reject any of your Contributions and to terminate your right to use the Site and refuse any and all current or future use of the Services.
b. Without limitation of the foregoing, you agree not to use the Site or Services to submit any Contribution regarding any products or multimedia files, or make comments about them, that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
c. You also agree that you will not harvest, collect or store information about the users of this Site or the content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Illegal and/or unauthorized use of Boonika, including aggregating usernames and other contact information for the purpose of sending unsolicited communications is prohibited. Unauthorized framing Boonika.net is also prohibited. Inappropriate use as defined in Terms of Use may result in your being removed from participant listings without notice and may result in termination of your privileges for participation in Boonika. Appropriate legal action may also be taken for any unauthorized use of Boonika.
d. You acknowledge that Boonika is not responsible for material submitted to Boonika.com or posted to the Site by users. Boonika does not pre-screen, monitor, review or edit the Contribution posted by users. However, Boonika and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Contribution, in whole or part, that in Boonika’s judgment does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. Boonika is not responsible for any failure, non-failure or delay in removing such Contribution. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Boonika. You agree to immediately notify Boonika of any unauthorized use of the Service or any other breach of security that you know or suspect.

10. MODIFICATIONS TO SERVICE
Boonika reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Boonika shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. INTELLECTUAL PROPERTY RIGHTS
a. You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, including but not limited to Contributions (”Content”), including Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
b. Thus, all Content is either the copyrighted property of Boonika, or the copyrighted content of its users that created and submitted the content, and its affiliates or licensors. As between Boonika and you, Boonika is the sole owner of all Boonika-generated content on the Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Participant in Boonika retains all rights, titles, and interests in and to the content provided by the Participant hereunder (including, without limitation, the copyrights in and to the Participant’s Content), subject to the non-exclusive rights in the licenses granted to Boonika under this agreement. Participant is free to grant similar rights to others during and after the Term of this Agreement.
c. All individual articles, content and other elements comprising this Service are also copyrighted works. In addition to abiding by any rights each author may have retained in connection with each such article, you must also abide by all additional copyright notices or restrictions contained in this Service. By posting content, including any links, on the Site, a user is giving Boonika the right to display such content on the Site and its affiliated publications and to distribute such content and use such content for promotional and marketing purposes.
d. Unless expressly permitted by Boonika or advertisers, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, rent, lease, sell, or in any way exploit any part of this Service, except when permission is explicitly stated by Boonika and you may also download material from this Service for your own personal use as follows: you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including, without limitation, a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database.
e. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
f. We are concerned about the integrity of our Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Service. Neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or trademark, that has not been expressly authorized by us.

12. INDEMNIFICATION
Upon a request by Boonika, you agree to defend, indemnify and hold Boonika, its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you (including, but not limited to, any claim that your Contribution infringes the rights of any third party). Boonika reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Boonika in asserting any available defense.

13. YOUR CONTRIBUTIONS
You acknowledge and agree that Boonika may preserve any Contribution and may also disclose your Contribution if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce these Terms and Conditions; (c) to respond to claims that any Contribution violates the rights of third-parties; or (d) to protect the rights, property, or personal safety of Boonika, its users or the public.
a. You understand that the technical processing and transmission of the Site, including your Contribution, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Boonika assumes no responsibility for the deletion or failure to store Contributions or other information submitted by you or other users to Boonika.org.
b. Any or all Content on the Site may be purged periodically at Boonika’s sole discretion. You acknowledge and agree that all Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created by Boonika or submitted to Boonika. You further acknowledge and agree that the views expressed on the Site do not necessarily reflect the views of Boonika, and Boonika does not support or endorse Content (including any Contribution, whether or not edited by Boonika or its designee or presented on the Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.

14. UNSOLICITED MATERIALS
In operating this site, Boonika does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site or Boonika mail and e-mail addresses, or in any other way. Any information or material submitted or sent to Boonika, will be deemed not to be confidential or secret. By submitting or sending information or other material to Boonika you represent and warrant that the information is original to you and that no other party has any rights to the material, and that the material and information will not violate any of the prohibitions set forth above (”User Conduct”).

15. LINKED SITES
You may be able to link to third parties’ Sites (”Linked Sites”) from the Boonika Site. Linked Sites are not, however, reviewed, controlled, or examined by Boonika in any way and Boonika is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Boonika’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Boonika be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. Boonika reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or to introduce different features or links to different users.

a. SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
b. Permission must be granted by us for any type of link to Boonika.org. To seek our permission, you may write to Boonika. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Site, at our discretion at any time.

16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.You agree that Boonika shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

17. PARENTAL PERMISSION
This Site is not intended for use by children under thirteen (13) years of age, and Boonika does not knowingly collect personal information from children under thirteen years of age. Some of the available information may concern certain topics that may not be appropriate for children. Boonika may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and Boonika may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone circumvent these restrictions.

18. DISCLAIMER OF WARRANTIES
a. THE WEB SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, Boonika AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
b. THIS DISCLAIMER OF LIABILITYAPPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.
c. BOONIKA DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
d. BOONIKA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (RATHER THAN BOONIKA LLC OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
e. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.


19. LIMITATION OF LIABILITY
a. IN NO EVENT WILL BOONIKA, ITS SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF BOONIKA OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE.
b. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BOONIKA ‘S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

20. COPYRIGHTS AND COPYRIGHT AGENT
We respect the intellectual property rights of others, and require that the people who use the Boonika.org Site do the same.
a. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
(i) Your name, address, telephone number, and e-mail address;
(ii) A description of the copyrighted work that you claim has been infringed;
(iii) A description of where the alleged infringing material is located;
(iv) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(v) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
(vi) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
b. Please do not send us notice pursuant to this section by regular mail, as we may not receive it in a timely fashion. As you may know, spam blockers sometimes reject important emails from unknown parties.
c. We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question. Therefore, please provide proof of copyright registration in the image or text concerned, OR, absent such registration, other evidence to support your claim that you own the copyright in the image or text.
d. Please note that you may be held liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our site infringes your copyright.

21. APPLICABLE LAWS / JURISDICTION
a. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or any other country in which you reside.
b. Notwithstanding local rules or laws regarding your use of the Site, you agree that the laws of the Republic of Croatia, excluding its conflicts-of-law rules, shall govern these Terms and Conditions.You expressly agree that exclusive jurisdiction for any claim or dispute with Boonika or relating in any way to your use of the Site shall be in the federal or state courts located in Zagreb, Croatia and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute, including any claim involving Boonika or its affiliates, officers, directors, employees, representatives, successors, assigns, or content providers.
c. We operate the Site from our offices in Zagreb, Croatia. We do not represent that materials on the site are appropriate or available for use outside of Croatia. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

22. INQUIRIES
Any inquiries concerning these terms and conditions of use should be directed to us through our contact form.

23. PROVISIONS UNENFORCEABLE OR INVALID
If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

24. DISPUTES
Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the Republic of Croatia.

25. THIRD PARTY BENEFICIARIES
Nothing in these Terms and Conditions shall be deemed to create any rights for any third party beneficiary.

26. HEADINGS
The section titles in these Terms and Conditions are for convenience only, and have no legal or contractual effect.

27. ASSIGNMENT
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions. Boonika may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
If you have any questions about this policy or our site in general, please contact us.