KITE360

Terms of Use

Welcome to Kite360. By accessing the Kite360.com web site at www.kite360.com ("the Site") or by otherwise accessing any content found on this web site, you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms" or "Agreement"), whether or not you are a registered member of Kite360. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If this is done, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the dates these terms were last revised. Your continued use of the Site after such changes constitutes your acceptance of the new Terms of Use. If you do not agree or abide by these or any future Terms of Use, do not use or access the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

Read these Terms of Use carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, and a dispute resolution clause that governs how disputes will be resolved.

Eligibility

Membership in the Site is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Site, you represent and warrant that you are 13 or older and that you agree to and abide by all of the terms and conditions in this Agreement.

Registration Data; Account Security

In consideration of your use of the Site, you agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the Site, to maintain the security of your password and identification, to maintain and promptly update the registration data, and any other information you provide to Kite360, to keep it accurate, current and complete; and to be fully responsible for all use of your account and for any actions that take place using your account.

Intellectual Property Protection

KITE360, KITEBOARDING EVOLVED, ONE WORLD. ONE SPORT. ONE SITE. and other Kite360 graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks, or trade dress of Major Multimedia, LLC in the U.S. and/or other countries. Kite360's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Kite360 or Major Multimedia, LLC. The software which operates the Site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify, or otherwise deal with the software.

Use of Kite360 Content

a. Reproduce or store in or transmit to any other web site, newsgroup, mailing list, bulletin board, server or other storage device connected to a network or systematically store in electronic or print form, all or any part of the Kite360 Content, or;

b. Modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Kite360 Content (including the use as part of any library, archive or similar service) without the prior written consent of Kite360.com;

c. Remove the copyright or trademark notice from any copies of the Kite360 Content made under these Terms.

2. Term and Termination

Kite360 may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use the Kite360 Content) with or without cause by delivering notice to you. The rights of termination are in addition to all other rights and remedies of Kite360 provided in these Terms or by law.

3. Changes to the Site

Kite360 reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the Kite360 Content available on the Site at any time and to restrict the use and accessibility of the Site.

4. Registration, Passwords and Responsibilities

Certain areas of the Site are available only with registration. You are solely responsible for the confidentiality, use of, and access to the Kite360 Content and the Site using your user name, password, and/or ID. You agree to immediately notify Kite360.com if you become aware of any loss or theft of any sign-on password or ID or any unauthorized use of a sign-on password, ID, user name, or of the Kite360 Content of the Site. You will provide Kite360 of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, Kite360 reserves the right to monitor and record activity on the Site, including access to the Kite360 Content.

5. Privacy Policy

The information that you provide about yourself to Kite360 will only be used in accordance with Kite360.com's Privacy Policy Statement.

6. User Conduct

You understand that except for advertising programs offered by us on the Site, the Site is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory otherwise unlawful material.
In addition, you agree not to use the Site to:

* Post, link to or otherwise publish any messages containing any form of advertising or promotion for goods and services or any chain messages or "spam";

* Post, link to or otherwise publish any messages that are unlawful, threatening, abusive, libelous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content;

* Use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;

* Disguise the origin of any messages;

* Impersonate any person or entity (including Kite360.com employees) or misrepresent any affiliation with an person or entity;

* Post or otherwise publish any messages unrelated to the Site;

* Post or transmit any messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment;

* Collect or store other users' personal data;

* Use automated scripts to collect information from or otherwise interact with the Site;

* Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

By submitting information to the Site you agree to indemnify and hold harmless Kite360.com from all claims, costs and expenses (including legal expenses) arising out of any messages posted or published by you that are in breach of this section. All information on this site is submitted by users over whom Kite360.com has no control. Kite360.com cannot guarantee the accuracy, integrity or quality of any of the information. Some users may breach these terms and post information that is misleading, untrue, or offensive. You must bear all risk associated with your use of Kite360.com and should not rely on information in making (or refraining from making) any specific investment or other decisions.
By submitting information on Kite360.com you are granting Kite360.com perpetual royalty free non-exclusive license to reproduce, modify, translate, make available, distribute and sub-license information in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion. Kite360.com reserves the right to contact you by email with regard to your use of the site. You wave any rights that you have in regard to information that you submit. It is not possible for Kite360.com to fully and effectively monitor information that is submitted for infringement of third party rights. If you believe that a message infringes your legal rights, you should notify Kite360.com immediately by email.

7. No Warranty, Disclaimer of Liability and Indemnity

While every effort has been made to ensure the high quality and accuracy of the Site, Kite360.com makes no warranty, express or implied concerning the Kite360 Content, the Site, software, products, or services available through the Site (the Site "Services"), which are provided "as is". Kite360 expressly disclaims all warranties, including but not limited to warranties of fitness for a special, incidental, or consequential damages (including but not limited to, without limitation, losses incurred due to information pertaining to locations, countries, gear, or lessons whether that information be incorrect, misunderstood or misused, injury or loss of life while participating in kiteboarding or any related activity, damages for loss of business profits, business interruption, loss of business information or pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if Kite360.com has been advised of the possibility that such damages may arise. Kite360.com does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related information are free from viruses or other contaminating or destructive properties.
In no event will any liability of Kite360.com, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by Kite360.com exceed the amount, if any, paid by you to Kite360.com in respect of the particular Site Service to which the claim relates. Upon Kite360's request, you agree to defend, indemnify and hold harmless Kite360 from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.

8. Force Majeure

Kite360, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Kite360 Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

9. Miscellaneous

a. Advertising, Third Party, and other Web Sites. Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring the material submitted for inclusion on the Site complies with international and national law. Kite360.com is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. Kite360.com is not responsible for the availability of these web sites or their contents.

b. Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Kite360.com.

c. Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.

d. Severability/Survival/Statue of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Fayetteville, North Carolina, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.

e. Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.

f. Headings. Headings in these Terms are for convenience only and have no legal meaning or effect.

10. Governing Law and Jurisdiction

For the exclusive benefit of Kite360.com, Kite360 shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.