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Terms and Conditions
By accessing, browsing, or using wingfoilgearfinder.com (the “Website”), you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, the Wingfoil Gear Finder Privacy Policy, and any additional guidelines and standards we provide in writing (collectively, the "Terms").
Terms of Service
We run the Website called wingfoilgearfinder.com. These Terms outline your use of the Website, all Content, and additional products and services, such as our application programming interfaces (API’s), mobile applications, and online services (together as our "Services"). The agreement is between you ("you") and Wingfoil Gear Finder (“Wingfoil Gear Finder,” ”we,” “us,” and “our”). All visitors and users of the Website, including you, are referred to individually as "user" and together as "users".
By using our Services, you agree to become bound by the Terms. If you do not agree to the Terms, you may not access any of our Services.
Our Services are not directed to children younger than 13 years of age. Access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not use our Services. Any person who provides their personal information to our Services represents that they are 13 years of age or older. Additionally, if you are under the age of 18, you must have your parent’s or guardian’s consent to use the Services, and your parent or guardian may need to agree to these Terms, on your behalf, and be bound by the provisions of these Terms.
Copyright Information
All pages, graphics, animations, videos, written text, visual interfaces, design, compilation, information, software, services, content, educational videos and exercises, and other forms of content (the "Content") are the sole property of Wingfoil Gear Finder and are protected by EUropean Union and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Content from Wingfoil Gear Finder may not, under any circumstances, be redistributed or reproduced in any way, shape, or form without receiving express, written approval from Wingfoil Gear Finder. Failure to comply is in violation of copyright laws.
You grant Wingfoil Gear Finder a non-exclusive, fully paid and royalty-free, worldwide license to use, modify, create derivative works, publicly perform, publicly display, reproduce and translate any Content which you upload, post, or otherwise submit or contribute in any way to Wingfoil Gear Finder or the Website.
DMCA Notice
Please notify us via Contact form in accordance with the Digital Millennium Copyright Act ("DMCA") if you believe any material located on or linked to by wingfoilgearfinder.com violates your copyright.
Wingfoil Gear Finder will respond to all such notices, including as required or appropriate by removing or disabling access to the infringing material or removing or disabling identified links to the infringing material.
Intellectual Property
All Wingfoil Gear Finder trademarks, trade names, logos, domain names, and any other features of the Wingfoil Gear Finder brand, are the exclusive property of Wingfoil Gear Finder, including the Wingfoil Gear Finder and wingfoilgearfinder.com word marks, the Wingfoil Gear Finder and wingfoilgearfinder.com logos, and all other trademarks, service marks, graphics and logos used in connection with the Website and our Services, are trademarks of Wingfoil Gear Finder, or Wingfoil Gear Finder’s licensors, and may be protectable under common law or state or federal statute. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties.
Neither your use of the Services nor agreement with these Terms will transfer from Wingfoil Gear Finder, or from Wingfoil Gear Finder’s licensors or any other third parties, to you any of the Wingfoil Gear Finder or third-party intellectual property rights described in the preceding paragraph. All right, title, and interest in and to such property will remain (as between you and us) solely with Wingfoil Gear Finder, including that neither your use of our Services nor agreement with these Terms grants you any right or license to reproduce or otherwise use any Wingfoil Gear Finder or third-party trademarks
By using the Services, you expressly agree not to use any of Wingfoil Gear Finder’s Content, or trademarks, trade names, logos, domain names, or any other features of the Wingfoil Gear Finder brand in violation of these Terms, and you acknowledge that any such unauthorized use is a material breach of these Terms. In case of such breach, you acknowledge that your breach will cause irreparable harm to Wingfoil Gear Finder, for which monetary damages alone would not suffice, and agree that Wingfoil Gear Finder will be entitled to obtain injunctive or other equitable relief from any court of competent jurisdiction to prevent, mitigate, or remedy such breach
Third Party Software and Libraries
Third party software (for example, open source software libraries) included in the Services are licensed to you under the relevant third-party software library’s license terms.
Prohibited Behavior & Conduct
You are prohibited from doing any of the following
- Use Wingfoil Gear Finder Services, Content, or trademarks, trade names, logos, domain names, or any other features of the Wingfoil Gear Finder brand, for commercial use or any other use not expressly permitted under these Terms unless you are given express written permission to do so by Wingfoil Gear Finder
- Reproduce, rent, lease, loan, sell, resell, sublicense, distribute, or transfer licenses for any Content.
- Delete any copyright, trademark, or other proprietary rights notices on the Services or Content.
- Disable, remove, damage, or interfere with security-related features of the Services, including any anti-circumvention measures.
- Scrape, copy, modify, adapt, translate, or create derivative works based upon the Content.
- Reverse engineer, disassemble, recover the source code of the Services, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Using the Website for any illegal activities or purposes that are in violation of local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy.
- Damaging or purposely causing harm to the Services, including without limitation by participation in DoS (denial of service) attacks or injecting malicious code in the form of viruses, adware, spyware, or worms, and other forms of malicious code
- Using the Services in any manner we deem, in our sole and absolute discretion, constitutes harassment, to be otherwise harmful or derogatory to others, or to be otherwise inappropriate for the Website in any way.
- Without limiting any other provisions of these Terms or any other of our rights, we expressly reserve the right to remove or disable access to any user content on the Services which we deem, in our sole and absolute discretion, constitutes harassment, to be otherwise harmful or derogatory to others, or to be otherwise inappropriate for the Website in any way
Fair Use of Content
You are not allowed, under any circumstances, to use Wingfoil Gear Finder’s copyrighted materials in the following ways:
- Commercial use or for-profit;
- Mass copying (verbatim) of the content;
- Copying large amounts of the content;
- Scraping (e.g., through means of a crawler, bot) content from the Website
In the appropriate circumstances, Wingfoil Gear Finder’s copyrighted materials may be used in the following ways:
- Linking to the Website and Wingfoil Gear Finder’s pages of content;
- Adding the Website and Wingfoil Gear Finder to search engines
- In news reporting;
- In citations;
- In commentary; and
- In research.
You must receive express written permission from Wingfoil Gear Finder to use its Content for any other purposes not directly stated above.
Crediting Wingfoil Gear Finder
If you use any of Wingfoil Gear Finder’s Content or materials in any way, you must provide credit and a link to used material with the following notice: Find the wingfoil gear that fits You in less than a minute at www.wingfoilgearfinder.com!
Please note, the above attribution requirement does not in and of itself authorize your use of the Services, Content, or any of Wingfoil Gear Finder’s trademarks, trade names, logos, domain names, or any other features of the Wingfoil Gear Finder brand in any way not otherwise expressly permitted under these Terms.
Limitation of Liability
IN NO EVENT WILL WINGFOIL GEAR FINDER (INCLUDING ITS SHAREHOLDERS, EMPLOYEES, OFFICERS, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND LENDERS), OR ITS LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS. WITHOUT IMPOSING ANY LIMITATION ON THE PRECEDING SENTENCE, THIS INCLUDES THAT WINGFOIL GEAR FINDER, AND ITS SHAREHOLDERS, EMPLOYEES, CONTRACTORS, OFFICERS, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, LENDERS, AND LICENSORS: (A) WILL HAVE NO LIABILITY UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY; AND (B) WILL HAVE NO LIABILITY FOR: (I) ANY SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WINGFOIL GEAR FINDER FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES AND THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO WINGFOIL GEAR FINDER PRIOR TO THE EVENT THAT GAVE RISE TO SUCH CLAIM.
Linking to Wingfoil Gear Finder
Any website may include a link to any of the pages on the Website. No website can embed or include any Wingfoil Gear Finder Content without first receiving the written permission of Wingfoil Gear Finder.
Warranties
OUR SERVICES ARE PROVIDED “AS IS.” WINGFOIL GEAR FINDER AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WINGFOIL GEAR FINDER NOR ITS LICENSORS, MAKES ANY WARRANTY THAT OUR SERVICES WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU ACCESS OUR CONTENT AND OUR SERVICES AT YOUR OWN DISCRETION AND RISK. ALL INFORMATION PROVIDED ON THE WEBSITE OR OTHERWISE BY WINGFOIL GEAR FINDER OR THROUGH THE SERVICES IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY, AND USERS RELY ON SUCH INFORMATION AT THEIR OWN RISK. NOTHING IN THESE TERMS WILL BE DEEMED TO CREATE ANY SPECIAL RELATIONSHIP BETWEEN WINGFOIL GEAR FINDER AND USERS OR ANY AFFIRMATIVE DUTIES OR RESPONSIBILITIES ON WINGFOIL GEAR FINDER’S BEHALF.
If you discover that the Website or Content contains errors, please contact us via Contact form.
By accessing the Services, you represent and warrant to us, and to our shareholders, employees, contractors, officers, agents, directors, subsidiaries, affiliates, successors, lenders, and licensors, that: (i) your use of our Services will be in strict accordance with these Terms and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Republic of Croatia or the country in which you reside); and (ii) your use of our Services, including any Content you submit or contribute to Wingfoil Gear Finder, the Website, or the Services, will not infringe or misappropriate the intellectual property rights of any third party.
Linked Sites; Sponsorships; Partners
The Website contains both inbound links (i.e., links to pages on wingfoilgearfinder.com) and outbound links (i.e., links to other sites). Wingfoil Gear Finder is not responsible for any content from outbound links that appear on these linked sites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which the Website links, and that link to the Website. Wingfoil Gear Finder does not have any control over those non-wingfoilgearfinder.com websites, and is not responsible for their contents or their use. By linking to a non-wingfoilgearfinder.com website, Wingfoil Gear Finder does not represent or imply that it endorses such website.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Wingfoil Gear Finder disclaims any responsibility or liability for any harm, loss, or other liability resulting from your use of non-wingfoilgearfinder.com websites and web pages
Wingfoil Gear Finder disclaims any responsibility or liability for any harm, loss, or other liability resulting from the use by visitors of our Services.
Wingfoil Gear Finder may from time to time enter into arrangements with third parties by which we help to market or promote third-party products or services, or under which we are sponsored by or sponsor a third party and their products and services. In such cases, Wingfoil Gear Finder will comply with applicable laws regarding the disclosure of such relationships.
Wingfoil Gear Finder is an Amazon Associate. As an Amazon Associate, Wingfoil Gear Finder may earn from qualifying purchases.
Indemnification
You shall indemnify and defend Wingfoil Gear Finder, its shareholders, employees, contractors, officers, agents, directors, subsidiaries, affiliates, successors, lenders, and licensors, and their respective directors, officers, employees, and agents, from and against any and all claims, actions, damages, losses, costs and expenses (including attorneys’ fees), judgments, and other liabilities, arising out of your use of our Services, including but not limited to your violation of these Terms or applicable law.
Translation
These Terms were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will prevail.
Miscellaneous
These Terms constitute the entire agreement between Wingfoil Gear Finder and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Wingfoil Gear Finder, or by the posting by Wingfoil Gear Finder of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms, and any access to or use of our Services, will be governed by the laws of the Republic of Croatia and European Union, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be courts located in the Republic of Croatia. Except for claims for by Wingfoil Gear Finder for injunctive or equitable relief or other claims by Wingfoil Gear Finder regarding Wingfoil Gear Finder’s intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these Terms shall be finally settled in accordance with ARBITRATION RULES OF THE EUROPEAN COURT OF ARBITRATION. The prevailing party in any action or proceeding to enforce these Terms shall be entitled to costs and attorneys’ fees. Before filing such a claim, you shall use your best efforts to cooperate with us to resolve the dispute by contacting us via Contact form with a description of such claim. You will provide us with sixty (60) days’ notice to respond to such a dispute via email, phone call, or other methods.
If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under these Terms; Wingfoil Gear Finder may assign its rights under these Terms without condition. These Terms will be binding upon and will insure to the benefit of the parties, their successors and permitted assigns. Any failure by Wingfoil Gear Finder to enforce these Terms, in whole or in part, shall not waive Wingfoil Gear Finder’s ability to do so.
Changes
We are constantly updating our Services, and that means we may have to change the legal terms under which our Services are offered. If we make changes that are material, we will update the policies with respective dates that the changes were made. If you disagree with our changes, then you should stop using our Services. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
You also agree that we may update our Services, and these Terms will apply to the updated Services.
