TERMS AND CONDITIONS OF KITETHEWORLD.NET
1/ ACCEPTANCE OF THE TERMS AND CONDITIONS
Your access to and use of kitetheworld.net is subject exclusively to these Terms and Conditions, whether or not you become a registered member. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
Please also read our Privacy Policies
2/ CHANGE OF USE
kitetheworld.net reserves the right to:
2.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that kitetheworld.net shall not be liable to you for any such change or removal.
2.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
Kitetheworld.net respects copyright law and expects its users and members to do the same :
3.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics, photos, videos, and all software and source codes connected with the Website) are owned by or licensed to kitetheworld.net or otherwise used by kitetheworld.net as permitted by law.
3.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
4/ LEGAL ADVICES
Informations are mostly published by our members. As kitetheworld.net is a community website, we do not approve before the content becomes public. All decisions you make based on the content of kitetheworld.net is under your own discretion and responsibility. The contents of kitetheworld.net website is provided without any warranty.
You are solely responsable for all of your communications and interactions with other users of Kitetheworld.net. You understand that we do not make any attempt to verify the statements of users and members of the site, application or services. Kitetheworld.net makes no representations or warranties as to the conduct of users or members of the site.
You agree to take reasonable precautions in all communications and interactions with other users of Kitetheworld.net, particularly if you decide to meet offline or in person regardless of whether such meetings are organized or promoted by Kitetheworld.net
Kitetheworld.net explecitly disclaims all liability for any act or omission of any user, member or other third party.
5/ LINKS TO AND FROM OTHER WEBSITES
5.1 Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.
5.2 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
- you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing
- You do not misrepresent Kitetheworld.net, our users, our members or any third party related to this website.
- The website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
5.3 By linking to this Website in breach of our terms, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.
6/ DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, kitetheworld.net will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits ...) arising out of or in connection with the use of the Website.
6.3 kitetheworld.net makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of kitetheworld.net for death or personal injury as a result of the negligence of kitetheworld.net or that of its employees or agents.
7/ ACCOUNT REGISTRATION
Your Kitetheworld.net Account and your Kitetheworld.net Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us. You may not have more than 1 active Kitetheworld.net Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Kitetheworld.net reserves the right to suspend or terminate your Account and your access to the Site, Application and Services if you create more than 1 account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
8/ USER CONDUCT
You understand and agree that you are solely responsible for compliance with any and all laws and rules, that may apply to your use of Kitetheworld.net. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content for any commercial or other purposes or in a manner that falsely implies Kitetheworld.net endorsement, partnership or otherwise misleads others as to your affiliation with Kitetheworld.net.
- dilute, tarnish or otherwise harm Kitetheworld.net brand in any way, including through unauthorized use of Collective Content, registering and/or using Kitetheworld.net or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Kitetheworld.net domains, trademarks, taglines, promotional campaigns or Collective Content
- infringe the rights of Kitetheworld.net or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements not expressly permitted by these Terms or without our prior written approval
- register for more than one Kitheworld.net Account or register for a Kitetheworld.net Account on behalf of an individual other than yourself;
- Using private messages to contact another Members for any commercial purpose or other than asking a question related to kitesurfing or other sport subjects
- recruit or otherwise solicit any Members to join third-party services or websites that are competitive or not to Kitetheworld.net , without our prior written approval.
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
- use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content.
- as a member, submit any kitesurfing or snowkitesurfing spot Listing with false or misleading information, or any kind of commercial or advertising content.
- engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
- post, upload, publish, submit or transmit any Content that:
- infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
- Is defamatory, obscene, pornographic, vulgar or offensive;
- Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- Is violent or threatening or promotes violence or actions that are threatening to any other person; or promotes illegal or harmful activities or substances;
- incited to inviolate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and kitesurfing rules
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within Kitetheworld.net Content, name, any trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, without Kitetheworld.net express written consent;
- attempt to probe, scan, or test the vulnerability of any Kitetheworld.net system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Kitetheworld.net or any of our providers to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
Kitetheworld.net has the right to investigate and prosecute violations of any of the above. In addition, and as set in these Terms, we may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or canceling your Listing(s) or Account, for a violation of these Terms and conditions.
Kitetheworld.net may access, and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to :
- Respond to claims asserted against Kitetheworld.net or to comply with legal process (for example, subpoenas or warrants)
- Enforce or administer our agreements with users, such as these Terms for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes,
- Protect the rights, property or safety of Kitetheworld.net, its users, or members
You acknowledge that Kitetheworld.net has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review, remove, disable access to or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes),or to ensure your compliance with these Terms, .
Kitetheworld.net reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that we considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
9/ POSTING LISTING
If you choose to create a listing on Kitetheworld.net, you understand and agree that your relationship with Kitetheworld.net is limited to be a member and not an employee, agent, or partner of Kitetheworld.net for any reason,
Kitetheworld.net may not control the content of your listing. As a member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Kitetheworld.net, including by inapropriately using any Kitetheworld.net intellectual property
10/ MEMBER CONTENT
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Kitetheworld.net promotional campaigns, you hereby grant to Kitetheworld.net a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services.
Kitetheworld.net does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through Kitetheworld.net. Accordingly, you represent and warrant that you either are the sole and exclusive owner of all Member Content that you make available through the Site or you have all rights, licenses, consents and releases that are necessary to grant to Kitetheworld.net the rights in such Member Content, as contemplated under these Terms; and neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or our use of the Member Content (or any portion) on, through or by means of the Site, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
11/ REPORTING MISCONDUCT
If you notice anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who engages in offensive, violent or sexually inappropriate behavior, or engages in any other disturbing conduct, you should immediately report such person to kitetheworld.net team (or to the appropriate authorities if necessary)
You acknowledge that Kitetheworld.net has no obligation to take any action against that person
You agree to indemnify and hold kitetheworld.net and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against kitetheworld.net arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
15/ GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of France and you hereby submit to the exclusive jurisdiction of the France courts.