Terms Of Use
Welcome to the Off The Hook Kiteboarding Terms of Use and Privacy
Notices. For any further information please Contact
Us.
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including
all Content available through the offthehookkiteboarding.com
domain name, the "Off The Hook Kiteboarding Website",
or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE
TERMS AND CONDITIONS (the "Terms of Service") AND
THE TERMS AND CONDITIONS OF Off The Hook Kiteboarding’s
PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.offthehookkiteboarding.com/privacy,
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not
agree to any of these terms, then please do not use the Offthehookkiteboarding
Website.
2. Offthehookkiteboarding Website
These Terms of Service apply to all users of the Off The Hook
Kiteboarding Website, including users who are also contributors
of video content, information, and other materials or services
on the Website. The Off The Hook Kiteboarding Website may contain
links to third party websites that are not owned or controlled
by Off The Hook Kiteboarding. Off The Hook Kiteboarding has
no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party websites.
In addition, Off The Hook Kiteboarding will not and cannot censor
or edit the content of any third-party site. By using the Website,
you expressly relieve Off The Hook Kiteboarding from any and
all liability arising from your use of any third-party website.
Accordingly, we encourage you to be aware when you leave the
Off The Hook Kiteboarding Website and to read the terms and
conditions and privacy policy of each other website that you
visit.
3. Website Access
A. Off The Hook Kiteboarding hereby grants you permission to
use the Website as set forth in this Terms of Service, provided
that: (i) your use of the Website as permitted is solely for
your personal, noncommercial use; (ii) you will not copy or
distribute any part of the Website in any medium without Off
The Hook Kiteboarding’s prior written authorization; (iii)
you will not alter or modify any part of the Website other than
as may be reasonably necessary to use the Website for its intended
purpose; and (iv) you will otherwise comply with the terms and
conditions of these Terms of Service.
B. In order to access some features of the Website, you will
have to create an account. You may never use another's account
without permission. When creating your account, you must provide
accurate and complete information. You are solely responsible
for the activity that occurs on your account, and you must keep
your account password secure. You must notify Off The Hook Kiteboarding
immediately of any breach of security or unauthorized use of
your account. Although Off The Hook Kiteboarding will not be
liable for your losses caused by any unauthorized use of your
account, you may be liable for the losses of Off The Hook Kiteboarding
or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including
without limitation, "robots," "spiders,"
"offline readers," etc., that accesses the Website
in a manner that sends more request messages to the Off The
Hook Kiteboarding servers in a given period of time than a human
can reasonably produce in the same period by using a convention
on-line web browser. Notwithstanding the foregoing, Off The
Hook Kiteboarding grants the operators of public search engines
permission to use spiders to copy materials from the site for
the sole purpose of creating publicly available searchable indices
of the materials, but not caches or archives of such materials.
Off The Hook Kiteboarding reserves the right to revoke these
exceptions either generally or in specific cases. You agree
not to collect or harvest any personally identifiable information,
including account names, from the Website, nor to use the communication
systems provided by the Website for any commercial solicitation
purposes. You agree not to solicit, for commercial purposes,
any users of the Website with respect to their User Submissions.
4. Intellectual Property Rights
The content on the Off The Hook Kiteboarding Website, except
all User Submissions (as defined below), including without limitation,
the text, software, scripts, graphics, photos, sounds, music,
videos, interactive features and the like ("Content")
and the trademarks, service marks and logos contained therein
("Marks"), are owned by or licensed to Off The Hook
Kiteboarding, subject to copyright and other intellectual property
rights under Australian, United States and foreign laws and
international conventions. Content on the Website is provided
to you AS IS for your information and personal use only and
may not be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited
for any other purposes whatsoever without the prior written
consent of the respective owners. Off The Hook Kiteboarding
reserves all rights not expressly granted in and to the Website
and the Content. You agree to not engage in the use, copying,
or distribution of any of the Content other than expressly permitted
herein, including any use, copying, or distribution of User
Submissions of third parties obtained through the Website for
any commercial purposes. If you download or print a copy of
the Content for personal use, you must retain all copyright
and other proprietary notices contained therein. You agree not
to circumvent, disable or otherwise interfere with security
related features of the Off The Hook Kiteboarding Website or
features that prevent or restrict use or copying of any Content
or enforce limitations on use of the Off The Hook Kiteboarding
Website or the Content therein.
5. User Submissions
A. The Off The Hook Kiteboarding Website may now or in the future
permit the submission of videos or other communications submitted
by you and other users ("User Submissions") and the
hosting, sharing, and/or publishing of such User Submissions.
You understand that whether or not such User Submissions are
published, Off The Hook Kiteboarding does not guarantee any
confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions
and the consequences of posting or publishing them. In connection
with User Submissions, you affirm, represent, and/or warrant
that: (i) you own or have the necessary licenses, rights, consents,
and permissions to use and authorize Off The Hook Kiteboarding
to use all patent, trademark, trade secret, copyright or other
proprietary rights in and to any and all User Submissions to
enable inclusion and use of the User Submissions in the manner
contemplated by the Website and these Terms of Service; and
(ii) you have the written consent, release, and/or permission
of each and every identifiable individual person in the User
Submission to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of
the User Submissions in the manner contemplated by the Website
and these Terms of Service. For clarity, you retain all of your
ownership rights in your User Submissions. However, by submitting
the User Submissions to Off The Hook Kiteboarding, you hereby
grant Off The Hook Kiteboarding a worldwide, non-exclusive,
royalty-free, sublicense able and transferable license to use,
reproduce, distribute, prepare derivative works of, display,
and perform the User Submissions in connection with the Off
The Hook Kiteboarding Website and Off The Hook Kiteboarding
‘s(and its successor's) business, including without limitation
for promoting and redistributing part or all of the Off The
Hook Kiteboarding Website (and derivative works thereof) in
any media formats and through any media channels. You also hereby
grant each user of the Off The Hook Kiteboarding Website a non-exclusive
license to access your User Submissions through the Website,
and to use, reproduce, distribute, prepare derivative works
of, display and perform such User Submissions as permitted through
the functionality of the Website and under these Terms of Service.
The foregoing license granted by you terminates once you remove
or delete a User Submission from the Off The Hook Kiteboarding
Website.
C. In connection with User Submissions, you further agree that
you will not: (i) submit material that is copyrighted, protected
by trade secret or otherwise subject to third party proprietary
rights, including privacy and publicity rights, unless you are
the owner of such rights or have permission from their rightful
owner to post the material and to grant Off The Hook Kiteboarding
all of the license rights granted herein; (ii) publish falsehoods
or misrepresentations that could damage Off The Hook Kiteboarding
or any third party; (iii) submit material that is unlawful,
obscene, defamatory, libelous, threatening, pornographic, harassing,
hateful, racially or ethnically offensive, or encourages conduct
that would be considered a criminal offense, give rise to civil
liability, violate any law, or is otherwise inappropriate; (iv)
post advertisements or solicitations of business: (v) impersonate
another person. Off The Hook Kiteboarding does not endorse any
User Submission or any opinion, recommendation, or advice expressed
therein, and Off The Hook Kiteboarding expressly disclaims any
and all liability in connection with User Submissions. Off The
Hook Kiteboarding does not permit copyright infringing activities
and infringement of intellectual property rights on its Website,
and Off The Hook Kiteboarding will remove all Content and User
Submissions if properly notified that such Content or User Submission
infringes on another's intellectual property rights. Off The
Hook Kiteboarding reserves the right to remove Content and User
Submissions without prior notice. Off The Hook Kiteboarding
will also terminate a User's access to its Website, if they
are determined to be a repeat infringer. A repeat infringer
is a User who has been notified of infringing activity more
than twice and/or has had a User Submission removed from the
Website more than twice. Off The Hook Kiteboarding also reserves
the right to decide whether Content or a User Submission is
appropriate and complies with these Terms of Service for violations
other than copyright infringement and violations of intellectual
property law, such as, but not limited to, pornography, obscene
or defamatory material, or excessive length. Off The Hook Kiteboarding
may remove such User Submissions and/or terminate a User's access
for uploading such material in violation of these Terms of Service
at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof
and believe that any User Submission or other content infringes
upon your copyrights, you may submit a notification pursuant
to the Digital Millennium Copyright Act ("DMCA") by
providing our Copyright Agent with the following information
in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed;
(ii) Identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a representative
list of such works at that site;
(iii) Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled and information
reasonably sufficient to permit the service provider to locate
the material;
(iv) Information reasonably sufficient to permit the service
provider to contact you, such as an address, telephone number,
and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of
the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Off The Hook Kiteboarding designated Copyright Agent is to be
contacted at: copyright@offthehookkiteboarding.com. Any other
feedback, comments, requests for technical support, and other
communications should be directed to Off The Hook Kiteboarding
feedback page, at http://www.offthehookkiteboarding.com/Contact.
You acknowledge that if you fail to comply with all of the requirements
of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the Off The Hook Kiteboarding
Website, you will be exposed to User Submissions from a variety
of sources, and that Off The Hook Kiteboarding is not responsible
for the accuracy, usefulness, safety, or intellectual property
rights of or relating to such User Submissions. You further
understand and acknowledge that you may be exposed to User Submissions
that are inaccurate, offensive, indecent, or objectionable,
and you agree to waive, and hereby do waive, any legal or equitable
rights or remedies you have or may have against Off The Hook
Kiteboarding with respect thereto, and agree to indemnify and
hold Off The Hook Kiteboarding, its Owners/Operators, affiliates,
and/or licensors, harmless to the fullest extent allowed by
law regarding all matters related to your use of the site.
F. Off The Hook Kiteboarding permits you to link to materials
on the Website for personal, non-commercial purposes only. In
addition, Off The Hook Kiteboarding provides an "Embeddable
Player" feature, which you may incorporate into your own
personal, non-commercial websites for use in accessing the materials
on the Website, provided that you include a prominent link back
to the Off The Hook Kiteboarding website on the pages containing
the Embeddable Player. Off The Hook Kiteboarding reserves the
right to discontinue any aspect of the Off The Hook Kiteboarding
Website at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE OFF THE HOOK KITEBOARDING WEBSITE
SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, OFF THE HOOK KITEBOARDING, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. OFF THE
HOOK KITEBOARDING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT
OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY
ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OFF
THE HOOK KITEBOARDING WEBSITE. OFF THE HOOK KITEBOARDING DOES
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE OFF THE HOOK KITEBOARDING WEBSITE OR ANY HYPERLINKED
WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
OFF THE HOOK KITEBOARDING WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL OFF THE HOOK KITEBOARDING, ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE OFF THE HOOK KITEBOARDING
WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT OFF THE HOOK KITEBOARDING
SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE
RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH
YOU.
The Website is controlled and offered by Off The Hook Kiteboarding
from its facilities in Australia. Off The Hook Kiteboarding
makes no representations that the Off The Hook Kiteboarding
Website is appropriate or available for use in other locations.
Those who access or use the Off The Hook Kiteboarding Website
from other jurisdictions do so at their own volition and are
responsible for compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless Off The Hook
Kiteboarding, its parent corporation, officers, directors, employees
and agents, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including
but not limited to attorney's fees) arising from: (i) your use
of and access to the Off The Hook Kiteboarding Website; (ii)
your violation of any term of these Terms of Service; (iii)
your violation of any third party right, including without limitation
any copyright, property, or privacy right; or (iv) any claim
that one of your User Submissions caused damage to a third party.
This defense and indemnification obligation will survive these
Terms of Service and your use of the Off The Hook Kiteboarding
Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or
an emancipated minor, or possess legal parental or guardian
consent, and are fully able and competent to enter into the
terms, conditions, obligations, affirmations, representations,
and warranties set forth in these Terms of Service, and to abide
by and comply with these Terms of Service. In any case, you
affirm that you are over the age of 13, as the Off The Hook
Kiteboarding Website is not intended for children under 13.
If you are under 13 years of age, then please do not use the
Off The Hook Kiteboarding Website—there are lots of other
great web sites for you. Talk to your parents about what sites
are appropriate for you.
10. Assignment
These Terms of Service, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may
be assigned by Off The Hook Kiteboarding without restriction.
11. General
You agree that: (i) the Off The Hook Kiteboarding Website shall
be deemed solely based in Australia; and (ii) the Off The Hook
Kiteboarding Website shall be deemed a passive website that
does not give rise to personal jurisdiction over Off The Hook
Kiteboarding, either specific or general, in jurisdictions other
than Australia. These Terms of Service shall be governed by
the internal substantive laws of Australia, without respect
to its conflict of laws principles. Any claim or dispute between
you and Off The Hook Kiteboarding that arises in whole or in
part from the Off The Hook Kiteboarding Website shall be decided
exclusively by a court of competent jurisdiction located in
Queensland, Australia. These Terms of Service, together with
the Privacy Notice at http://www.offthehookkiteboarding.com/privacy
and any other legal notices published by Off The Hook Kiteboarding
on the Website, shall constitute the entire agreement between
you and Off The Hook Kiteboarding concerning the Off The Hook
Kiteboarding Website. If any provision of these Terms of Service
is deemed invalid by a court of competent jurisdiction, the
invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms of Service, which shall
remain in full force and effect. No waiver of any term of this
these Terms of Service shall be deemed a further or continuing
waiver of such term or any other term, and Off The Hook Kiteboarding
failure to assert any right or provision under these Terms of
Service shall not constitute a waiver of such right or provision.
Off The Hook Kiteboarding reserves the right to amend these
Terms of Service at any time and without notice, and it is your
responsibility to review these Terms of Service for any changes.
Your use of the Off The Hook Kiteboarding Website following
any amendment of these Terms of Service will signify your assent
to and acceptance of its revised terms. YOU AND OFF THE HOOK
KITEBOARDING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE OFF THE HOOK KITEBOARDING WEBSITE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,
SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
COPYRIGHT NOTICE.
Copyright © 2007 Off The Hook Kiteboarding, Australia.
All rights reserved
