Terms and Conditions

ACCEPTANCE OF TERMS

By accessing, downloading, installing, or using the Kitesurfculture.com website, whether or not becoming a registered user, any user of our service agrees to be bound by these Terms, as they may be amended by Kitesurfculture management from time to time, which any user acknowledges to have read and understood.

You are invited to create your account, post comments, sign up to receive newsletters and RSS feeds, and visit Kitesurfculture.com in accordance with these Terms of Use. These Terms of Use, together with any documents they expressly incorporate by reference, govern your access to and use of Kitesurfculture.com on all platforms, whether accessed via web browser, mobile device, non-browser application, or e-mail, and to our subscription service (collectively, the “Site”). “You” and “your” refer to you as the user of the Site. “Kitesurfculture” “we,” “us” and “our” refer to Kitesurfculture website team and our successors, partners, affiliates, subsidiaries, and assigns.

By using the Site, you expressly accept and agree to be bound and abide by these Terms of Use (“Terms”) and our Privacy Policy, incorporated herein by reference. If you do not agree to be bound by these Terms, you may not access or use the Site.

GOAL OF SITE

The goal of this Site is to build and provide you with access to the most comprehensive network of kitesurfers on the web. Please read our Terms carefully before continuing on with your use of this Site. These Terms shall govern the use of the Site and apply to all Internet traffic visiting the Site. By accessing or using this Site, you agree to the Terms. The Terms are meant to protect all of our Web Site visitors, and your use of this Web Site signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon publishing on this website page. By using this Site after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms. Users, whether registered or not, must review these Terms at https://kitesurfculture.com:443/terms-conditions regularly to be informed of any changes.

In accordance with our goals, this Site will permit you to link to many other web sites, that may or may not be affiliated with us or this Site, and that may have terms of use that differ from, or contain terms in addition to, the terms specified here. Your access to such web sites through links provided on this Site is governed by the terms of use and policies of those sites, not this Site.

PRIVACY POLICY

A complete statement of Company’s current privacy policy can be found by clicking the privacy policy link. Company’s privacy policy is expressly included into this Agreement by this reference.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

We control and operate this Site. All content on this Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, software provided by the company on this website and/or other intellectual property rights (which are governed by worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and/or licensed by us or our affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to us. Content on this Site or any website owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without our prior written consent (and the consent of the Providers, if necessary). You may request consent by writing to info@kitesurfculture.com. Without our prior written consent (or the Providers, if necessary) your modification of the Content, use of the Content on any other website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of our copyrights, trademarks or service marks and other proprietary rights (and/or those of the Providers), and is prohibited. As a condition to your use of this Site, you warrant to us that you will not use our Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use our Site immediately terminates without the necessity of any notice. We retain the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your website any trademarks, service marks or copyrighted materials appearing on this Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another website any of the Content or other materials on this Site without our prior written consent.

AGE

The site is intended only for users aged 18 or older. Subjects under the age of 18 are prohibited from using the site and the accounts for any such case shall be terminated imediately upon discovery.

PROHIBITED ACTIVITIES

You are specifically prohibited from any use of this Site, and you agree not to use or permit others to use this Website, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Site; (d) upload, post, emailing or otherwise transmitting any information, Content, or proprietary rights that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy our web pages, or the Content without our prior written permission, provided that generally available third party web browser such as Firefox®, Google Chrome®, Safary®, Opera® and Microsoft Internet Explorer or Edge® may be used without such permission.

USER CONTENT

You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

LINKS AND AFFILIATE SITES

This Website may contain links to other websites (“Linked Sites”). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The Content of any Linked Sites is not under our control. We are not responsible for, and do not endorse, such Content, whether or not we are affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Site or provide any links that state or imply any sponsorship or endorsement of your website by us, our affiliates or Providers.

DISCLAIMER OF WARRANTIES AND LIABILITY

All content on this website is provided “as is” and without warranties of any kind either express or implied. Other than those warranties which, under European laws applicable to these terms, are implied by law and are incapable of exclusion, restriction, or modification, we disclaim any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither we, our affiliated or related entities, nor the providers, nor any person involved in the creation, production, and distribution of this website warrant that the functions contained in this site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components. The content that you access on this website is provided solely for your convenience and information only. We do not warrant or make any representations regarding the results that may be obtained from the use of this website, or as to the reliability, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of this website. You expressly agree that use of this website is at your sole risk. You (and not us) assume the entire cost of all necessary servicing, repair or correction of your system. Users expressly agree that neither we, nor our affiliated or related entities (including its providers), nor any of their respective employees, or agents, nor any person or entity involved in the creation, production and distribution of this website, is responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of this website or any other linked site. By way of example, and without limiting the generality of the foregoing, we and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this website. You expressly acknowledge and agree that we are not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

ALLEGED VIOLATIONS

Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

NO WARRANTIES

COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITED LIABILITY

COMPANY’S LIABILITY TO USERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH USER‘S USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO THE USERS BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

INDEMNITY

You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

SEVERABILITY; WAIVER

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

NO LICENSE

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

JURISDICTIONAL ISSUES

Unless otherwise specified, the Content contained in this Site is presented solely for your convenience and/or information. We control and operate this Site from our offices within Vilnius, Lithuania. These Terms shall be governed by, construed and enforced in accordance with the laws of Lithuania, as they are applied to agreements entered into and to be performed entirely within Europe. Any action you, any third party or we bring to enforce these Terms, or in connection with any matters related to this Site, shall be brought only in Lithuania courts located and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

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