Terms and Conditions
The following describes the TERMS and EULA on which Kwindoo Ltd. company offers you access to our sites and services.
Welcome to the website platform services operated by Kwindoo Ltd. (“we”, “us”).
Please review these Terms carefully. If you do not agree to these Terms, you have no right to obtain information from, or otherwise continue using this Site. Failure to use this Site in accordance with the Terms detailed here may consequently subject you to various severe civil and criminal penalties. We reserve the right to make changes to these Terms at any time. Your continued use of the Site constitutes your acceptance of such changes. Accordingly, we encourage you to review these Terms on a repeated basis to become aware of changes that may have come in effect from your previous usage.
Use of Our Platform, Services, and Content
The content available at any time on the Sites may be protected by copyright, trademark, and other such laws. Collectively referred to as, the “Content”: text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel. Content is owned or controlled by us or by third parties who are our contracted partners or who have licensed their Content to us. Unauthorized use of the Content may violate copyright, trademark, and other applicable laws. Where the Site is configured to enable the download of particular Content, you may download such Content to a single computer device in your possession for your personal, non-commercial use only, provided that you may not
(i) remove or alter copyright or other proprietary notices contained in the original Content,
(ii) sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without our prior written permission, or
(iii) use the Content in a manner that suggests a sort of association with any of our products, services or brands.
You may not, without our prior written permission, “mirror” on any other server any material contained on the Site. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited without our express, written consent. Third parties or we own the trademarks, logos and service information displayed on the Sites. You are prohibited from use of those without specific, written permission from us or such third party. If you would like information about obtaining permission to use the Content on your website email to [email protected]
In the event that we offer downloads of software on the Site and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) will be licensed to you pursuant to an End-User License Agreement (“EULA”) by which you must agree to be bound.
“DATA” means any content in any form submitted by a user of our Site or our products for inclusion in any of our products or features.
You acknowledge that DATA will be accessible to other users, and you have no expectation of privacy about your DATA. We cannot guarantee the validity of any information you disclose as your DATA; you make such disclosures voluntarily and at your risk. You should use good judgment when submitting information, remarks or other content.
You may be held legally responsible for damages suffered by other users, us or third parties as a result of legally actionable or defamatory comments, remarks or other information or content, which you post as DATA. We are not legally responsible for any DATA, even if a DATA is defamatory or otherwise legally actionable.
You are and will remain solely responsible for the DATA you disclose and for the consequences of such disclosure. We have no duty to monitor DATA. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other, including physical harm and misshapen resulting from DATA submitted by yourself.
By submitting DATA you automatically grant, or warrant that the owner of such material has expressly granted to us a perpetual, royalty-free, irrevocable, non-exclusive license to use, reproduce, display, perform, modify, adapt, publish, translate, distribute and promote such DATA (in whole or in part), and to incorporate it in other works, in any form, media or technology now known at this time but developed later, and for any purpose and you explicitly waive any right to compensation for such use. You also permit other users to access, view, store or reproduce such DATA for personal use. We have no obligation to post any DATA from you or anyone else. We may, in our sole and unfettered discretion, decline to post, edit, remove or delete any DATA at any point in time.
You may not sell, market or permit any other party to sell or market, DATA in any other way then that is described in our Terms.
You acknowledge and agree that, when you submit DATA through a mobile device, we may collect the GPS position of the device for the sole purpose of ensuring the accuracy of the DATA or the correctness of the information carried by the DATA and not for your identification or localization other than that of the purpose of our services.
You are solely responsible for any DATA that you submit. DATA may not (in our/your sole judgment):
(i) be defamatory, abusive, harassing or threatening to another person;
(ii) disparage any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise;
(iii) be violent, vulgar, obscene, pornographic or otherwise sexually explicit, or foreseeably harmful to any person, group or entity;
(iv) constitute, encourage or discuss with the intent to commit any illegal activity (including without limitation child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing or illegal drug use, harassment, theft);
(v) violate any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual right; (b) right of privacy or publicity (specifically, DATA must not contain another person’s personal information or image without such person’s express permission); or (c) any confidentiality obligation;
(vi) be commercial in nature (whether or not for profit) or solicits others (including solicitations for contributions or donations);
(vii) contain a virus or other harmful component, or otherwise tamper with, impair or damage our Site, applications or products, or any connected network, or otherwise interfere with their use or enjoyment by any other person;
(viii) (a) be irrelevant to the general topic or purpose of the product or platform for which it is submitted; (b) violate any specific restrictions applicable to the specific platform or forum, such as age restrictions or procedures; or (c) be antisocial, disruptive, or destructive (including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet) at present or in the future where logically applicable as such;
(ix) be false or misleading,
(x) contain any of your personal contact information (although you may be required to provide such information to us as part of your registration to upload DATA).
Content (DATA) Submitted by Others
Currently, no DATA is available through the Site. Your use of DATA through our products, applications or other platforms will be governed by the applicable EULA.
Some services on the Site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You also agree to notify us promptly at [email protected] if you become aware of any unauthorized use of your username, password, other account information, or any other breach of security involving or relating to the Site.
We may and immediately will suspend or terminate completely your account and your ability to use the Site or portion thereof for failure to comply with these Terms or any special terms related to a particular service. Should this measure be taken you are not eligible for any refund and or compensation as such.
We respect the intellectual property rights of others and expect the users of our products and services to do the same. It is our policy to remove content (DATA) that is infringing from our products. In our discretion we may also terminate the account of any user who repeatedly submits infringing DATA.
Procedure for Making Copyright Infringement claim:
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement under law and has been incorporated into any of our products or sites through DATA, you may notify us at [email protected]
In order to be valid your notice must be in writing and contain the following:
(i) A manual or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf.
(ii) Identification of the copyrighted work claimed under infringement.
(iii) Identification of the material that is alleged to be infringing and information reasonably sufficient to enable us to locate the material.
(iv) The contact information of the complaining party (including official address, telephone number, e-mail address).
(v) A statement that the complaining party believes in good faith that use of the material in the manner complained of, is not authorized by the copyright owner, its agent, or the law.
(vi) A statement, that: (a) the provided information in the notice is accurate, and (b) under penalty of perjury, the person filing the notice is the copyright owner or is authorized to act on the owner’s behalf.
Please note that the information provided in your notice may be forwarded to the person who provided the allegedly infringing content.
Please note that due to security concerns, e-mails with attachments other than standard PDF format cannot be accepted and will not be processed but trashed.
Any person who knowingly, materially misrepresents that a material or activity is infringing may be subject to liability for damages. By using our Site, you agree that the exclusive forum for any claims or causes of action arising out of or relating to your use of the Site or these Terms shall be the Court of Budapest, Hungary.
END USER LICENSE AGREEMENT (EULA)
Read this agreement before using KIWNDOO product.
This is a non-exclusive legal agreement between you and KWINDOO.
By using online or downloading this KWINDOO product you agree to be bound to the terms detailed in the present agreement.
As used in this Agreement, the following terms have the respective meanings provided below.
“DEVICE” means any or all of the hardware devices on which you access or use the Product, including without limitation a computer, tablet, smartphone or another smart device capable thereof.
“KWINDOO” means: Kwindoo Ltd.
“PRODUCT” means Kwindoo regatta organizing and tracking cross-platform system software for regatta organizers and for regatta participants, available at www.kwindoo.com and related application software, downloaded electronically from a WebStore, or an “app” installed on a mobile Device.
USES PERMITTED: You may use your Product on your Device as an electronic aid to navigation and participate in outdoor (sailing) activities (refer to Safety Warning below). This Agreement gives you certain limited rights to use and maintain the Product. You agree to make reasonable efforts to protect the Product from unauthorized use, reproduction, distribution or publication. KWINDOO reserves the rights to take marketing initiatives by itself or through co-marketing actions, by sending messages or causing banners to appear on your (mobile) Device during use of the Product
PROHIBITED USES: You may not (1) make copies of a Product; (2) alter, decompile, disassemble or reverse-engineer or attempt to unlock or bypass the initialization system or encryption techniques utilized with, a Product; or (3) remove or obscure KWINDOO logos, possible copyright or trademark notices from any Product (or any of its physical media, if applicable).
DURATION & TERMINATION: This Agreement is effective from the day you download or otherwise purchase your Product and shall continue until terminated. Your license to use Data shall terminate automatically, without notice from KWINDOO, if you fail to comply with any provision of this Agreement. Upon such termination, you must delete and destroy any Product in your possession or control. KWINDOO reserves the right to enforce any other legal rights arising from a termination.
KWINDOO is not obligated to support superseded or discontinued versions of Products or to upgrade or maintain Products for use on new releases/versions of your Device or its operating system.
DISCLAIMER: the product and related materials are licensed “as is” and KWINDOO (and its affiliates, contractors, employees, developers, clients, agents, suppliers, or third-party partners) disclaims any and all other warranties, whether express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement. You assume the entire risk as to the performance and results of product. KWINDOO’s cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this agreement shall not exceed the purchase price you paid for the license to use the product. In no event shall KWINDOO be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if KWINDOO has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the foregoing limitation or exclusion may not apply to you.
GENERAL: If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and such provision shall be substituted with a valid and enforceable provision which as nearly as possible accomplishes the intent of the original provision.
This Agreement shall be governed by the following laws (“Applicable Law”), without reference to conflict-of-law principles, and any dispute arising out or relating to this Agreement shall be submitted to the exclusive jurisdiction of the following courts: Court of Budapest, Hungary. The foregoing choices of law and forum are subject to mandatory (non-waivable) provisions of (i) Applicable Law; or (ii) of the jurisdiction in which you reside.
SAFETY WARNINGS: Products are designed to provide ancillary aid to navigation and race information and are no replacement of navigational: (a) rules, (b) charts. COLREG and ISAF Rules of Racing are the basic rules that need to be followed at all times. Only official government charts and notices to sailors contain all information needed for safe navigation. The user is responsible for the prudent use of Products. Any itineraries generated by the organizers are basic suggestions and or expectations for completing a race, appropriate planning using official charts are required for direct navigation.
IF YOU ARE DOWNLOADING THIS PRODUCT THROUGH iTUNES: You acknowledge and agree that
(i) this Agreement is concluded between you and Kwindoo, and not Apple, Inc. (“Apple”);
(ii) Kwindoo, and not Apple, is solely responsible for the Product;
(iii) Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the Product;
(iv) in the event of any failure of the Product to conform to any applicable warranty, you may notify Apple. Apple will have no other warranty obligation whatsoever with respect to the Product;
(v) Apple is not responsible for any claims that you have arising out of your use of the Product;
(vi) Apple will have no responsibility whatsoever for the investigation, defense, settlement or discharge of any third-party claim that the Product infringes that third party’s intellectual property rights; and
(vii) Apple and its subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
You represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.