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Terms of Use

1. ACCEPTANCE OF TERMS OF USE

“WORLDKITEBOARDINGLEAGUE.COM” (including all sub-domains and points of entry to the same including via an “App”) (“the WKL Website”) is the interactive on-line service operated by Kite Rider’s Events (“KRE”) on the internet, consisting of information services and content provided by the WKL Website, KRE, their affiliates, associated entities, and other third parties. “You” and “Your” means each person who establishes a connection to the WKL Website for access to and use of the WKL Website content or functions. Any use of the WKL Website in connection with your employment constitutes a representation and warranty that you have the authority to bind your employer to the terms and conditions herein (“Terms of Use”).

2. USE OF THE WKL WEBSITE

(A) KRE encourages parents and guardians to spend time with their children online, and to be fully familiar with the sites visited by the children in their care, including the WKL Website. The WKL Website is not intended for use by people under the age of thirteen (13). If You are under the age of eighteen (18), You should not participate in contests or sweepstakes or other promotional opportunities on the WKL Website, nor should You post information to the WKL Website without a parent or guardian’s consent.

(B) These Terms of Use set forth the terms and conditions that apply to Your use of the WKL Website. By using the WKL Website (other than to read this Agreement for the first time), You agree to comply with all of the terms and conditions within these Terms of Use. The right to use the WKL Website is personal to You and is not transferable to any other person or entity. You are responsible for every aspect of Your use (under anyscreen name, profile or password) and for ensuring that all of Your use complies fully with the provisions of these Terms of Use. You shall be responsible for protecting the confidentiality of Your password(s), if any.

(C) KRE shall have the right at any time to change or disc continue any aspect or feature of the WKL Website, including, but not limited to, content, hours of availability, and equipment needed for access or use in their sole discretion, including those that effect a personal function provided to Your profile (if applicable).

(D) These Terms of Use do not necessarily reflect the terms that govern other sites that are operated by KRE or the practices of parties other than KRE who operate sites that may be linked to or from the WKL Website.

3. CHANGED TERMS

KRE shall have the right at any time to change or modify these Terms of Use or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes or modifications shall be effective immediately upon publication, which may include, but is not limited to, posting on the WKL Website, or by electronic or conventional mail, or by any other means by which KRE may publicize notice thereof. Your use of the WKL Website after such notice shall be deemed to constitute Your acceptance of such changes or modifications and the new Terms of Use from that time of publication.

4. HARDWARE AND SOFTWARE UPDATES

You shall be responsible for obtaining and maintaining all computer hardware, software and other equipment needed for access to and use of the WKL Website functions and all charges related thereto.

5. REGISTRATION OBLIGATIONS

If You register with KRE, You agree to provide true, accurate, current and complete information about Yourself. KRE has the right to suspend or terminate access and refuse any and all current or future use of the WKL Website (or any portion or function thereof) if You provide any untrue, inaccurate, not current or incomplete information, or if KRE reasonably suspects that You have provided untrue, inaccurate, or incomplete information at any time to KRE.

6. PHONE/TABLET USE OF WKL WEBSITE FUNCTIONS

By subscribing to the WKL Website mobile alerts or other functions involving push notifications (including SMS messages) to Your device where charges may apply (if available) (“Notifications”), You certify that You are over eighteen (18) years of age or have consent from a legal guardian, are the account holder or have the account holder’s permission, and agree to receive ongoing notifications from KRE. Service may not be available on all network carriers. Your network carrier’s standard (and additional) message or data rates may apply. Further charges such as international roaming charges may also apply. Please check with your network carrier for more information. KRE will not be liable for any delays in the receipt of any Notifications as delivery is subject to effective transmission from Your network carrier. Notifications are provided on an “as is” basis. Data obtained from You in connection with the Notifications or application to receive the same may include Your cell/mobile phone number, network carrier’s name, date, time and content of any submission to KRE or made available to KRE. Such information may be used by KRE to contact You, create general demographic statistics (for use by KRE) and to provide services or Notifications You request.

7. CONDUCT

(A) You shall use the WKL Website for lawful purposes only. You shall not post or transmit through the WKL Website: any material which violates or infringes any right of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or which, without KRE’s express and written prior approval, contains advertising or any solicitation with respect to products or services. Any conduct that in KRE’s discretion restricts or inhibits any other individual from using or enjoying the WKL Website or which breaches the Terms of Use will not be permitted and removed. You shall not use the WKL Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become users or subscribers of other online information services competitive with the WKL Website.

(B) You shall not use or permit or facilitate others to use automated electronic processes, robots, spiders, scrapers, webcrawlers, or other computer programs that monitor, copy or download data or other content found on WKL Website or accessed through the WKL Website including without limitation real time video, audio, statistics, polling, or data content, whether current or archival.

(C) You shall not interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way the WKL Website or servers or networks connected to the WKL Website, or disobey any requirements, procedures, policies or regulations of networks of KRE or connected to the WKL Website.

(D) Any gaming features that KRE make available are provided exclusively for entertainment purposes. You are prohibited from gambling or wagering on the result of any gaming or polling features or from using the WKL Website to gamble or wager on the result of any tournament with money. If we believe that You have violated the prohibitions in this paragraph, we may immediately terminate Your access to the WKL Website with or without notice to You. Notwithstanding any other provision of this agreement or of law, You will not be entitled to any refund of any fees paid to us if Your access is terminated because of a violation or alleged violation of these Terms of Use.

(E) You shall not create a frame, browser or border around any of the content of the WKL Website or link to the WKL Website without KRE’s prior express written permission (except that You may use a plain text-only link to the home page of the WKL Website, which link does not in any way imply a sponsorship or affiliation with the WKL Website, KRE, a KRE Tour, sponsor, stakeholder, athlete, or any of its affiliates.

(F) The WKL Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the WKL Website are copyrighted as a collective work under Netherlands copyright laws. KRE owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part on the WKL Website. You may download copyrighted material made publicly available for Your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of KRE and the copyright owner (if different). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that You do not acquire any ownership rights by downloading copyrighted material.

(G) You shall not upload, post or otherwise make available on the WKL Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with You. You shall be solely liable (and hereby release KRE from the same) for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the WKL Website, You automatically grant, or warrant that the owner of such material has expressly granted, KRE the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material and for any purpose. You also permit any other user to access, view, store or reproduce and share the material for that user’s personal use or use on another website if available by the function of the WKL Website. The foregoing provisions of Section 7 are for the benefit of KRE its, parent companies, affiliates, licensees, assigns, third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

(A) YOU AGREE THAT USE OF THE WKL WEBSITE IS AT YOUR SOLE RISK. NEITHER KRE, ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSEES OR LICENSORS (“Affiliates”) WARRANT THAT THE WKL WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS/IMPRESSIONS THAT MAY BE OBTAINED FROM USE OF THE WKL WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WKL WEBSITE. THE WKL WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

(B) NEITHER THE KRE NOR ITS AFFILIATES WILL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE WKL WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. IN NO EVENT WILL ANY OF THE FOREGOING PARTIES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WKL WEBSITE. (C) YOU AGREE THAT NEITHER KRE NOR ITS AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE WKL WEBSITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

9. MONITORING AND MODERATION OF CONTENT

KRE shall have the right, but not the obligation, to monitor the content of the WKL Website, including chat rooms and forums, to determine compliance with these Terms of Use and any operating rules established by KRE and to satisfy any law, regulation or authorized government request. KRE shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the WKL Website (or through any functions). Without limiting the foregoing, KRE shall have the right to remove any material that KRE, in its sole discretion, finds to be in violation of these Terms of Use or that it deems otherwise objectionable (in its sole discretion).

10. FULL RELEASE AND INDEMNIFICATION BY YOU

You agree to release, defend, indemnify and hold harmless KRE and its Affiliates and each of their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the WKL Website by You or any third party.

11. TERMINATION

Either KRE or You may terminate Your access to and/or use of the WKL Website at any time. Without limiting the foregoing, KRE shall have the right to immediately terminate Your access and/or use of the WKL Website (or any access to a function within it) in the event of any conduct by You which KRE, in its sole discretion, considers to be unacceptable, or in the event of any breach by You of these Terms of Use.

12. TRADEMARKS AND CONTENT

The WKL Website, KRE and any KRE logo (including all previous PKRA logos) are trademarks of Virgin Kitesurf World Championships used on the WKL Website and in media worldwide (including online). All rights are reserved to those trademarks and trade names in perpetuity. All other trademarks appearing on the WKL Website are the property of their respective owners.

13. THIRD PARTY CONTENT

KRE may from time to time act as a distributor of content supplied by third parties and users. Accordingly, KRE has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, You or any other user of the WKL Website, are those of the respective author(s) or distributor(s) and not of KRE. Neither KRE, nor its Affiliates guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose (refer to Section 8 above for the complete provisions governing limitation of liabilities and disclaimers of warranty). Neither KRE nor its Affiliates are responsible for the accuracy or reliability of any opinion, advice or statement made on the WKL Website by anyone other than authorized KRE employee spokespersons while acting in their official capacity. It is Your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available on the WKL Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content should you choose to rely on the same. The WKL Website may contain links to other third party web sites or resources. KRE has no control over content of such sites and resources, and You acknowledge and agree that KRE bears no responsibility for the availability of such external sites or resources, does not endorse, and bears no responsibility or liability for any content, advertising, products, or other materials on or available from such sites or resources, and also bears no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web site or resource, which You hereby fully release and indemnify KRE of.

14. PRIVACY POLICY

Please refer to our Privacy Policy for information on how KRE collects, uses, and discloses Your personal information.

15. INVALIDITY OF TERMS

If any provision of these Terms of Use or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of such documents or these Terms of Use remain in full force and effect.

16. GOVERNING LAW

You and KRE agree that these Terms of Use will be governed by the courts of the Netherlands. The contractual relationship between You and KRE governed by these Terms of Use will submit exclusively to the laws of that Country, without regard to its conflicts of law provisions.

17. HAVE YOU WITNESSED A USER VIOLATION?

If You witness any user activity in on the WKL Website that violates the Terms of Use, KRE intellectual property or any document or term referred to herein, please notify KRE of such activity by emailing info@worldkitetour.com. KRE will consider Your email and may request further information relating to it and the claims made within it. KRE appreciates Your assistance in this regard.

18. MISCELLANEOUS

These Terms of Use and any document or terms and conditions referred to herein constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal meaning. You agree You must file any claim or cause of action arising out of or related to the WKL Website or these Terms of Use within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary, acknowledging that any claim or cause of action filed after one (1) year would be forever barred and such rights hereby waived. All rights not expressly granted to You herein are hereby reserved to KRE. Paragraphs 1, 3, 8, 10, 12, 16, 17 and this paragraph 20 shall survive termination of this Agreement.