{"id":23522,"date":"2023-06-30T14:31:46","date_gmt":"2023-06-30T14:31:46","guid":{"rendered":"https:\/\/kitespotapp.com\/terms-and-conditions\/"},"modified":"2026-03-28T10:56:04","modified_gmt":"2026-03-28T10:56:04","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/kitespotapp.com\/el\/terms-and-conditions\/","title":{"rendered":"TERMS AND CONDITIONS"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-page\" data-elementor-id=\"23522\" class=\"elementor elementor-23522 elementor-12323\" data-elementor-post-type=\"page\">\n\t\t\t\t<div class=\"elementor-element elementor-element-727ef20 e-con-full e-flex e-con e-parent\" data-id=\"727ef20\" data-element_type=\"container\" data-e-type=\"container\">\n\t\t\t\t<div class=\"elementor-element elementor-element-6900767 elementor-widget-tablet_extra__width-inherit elementor-widget elementor-widget-text-editor\" data-id=\"6900767\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t\t\t<p><style><span data-mce-type=\"bookmark\" style=\"display: inline-block; width: 0px; overflow: hidden; line-height: 0;\" class=\"mce_SELRES_start\">\ufeff<\/span><br \/>    * {<br \/>        margin: 0;<br \/>        padding: 0;<br \/>        box-sizing: border-box;<br \/>    }<\/p>\n<p>    body {<br \/>        font-family: Arial, sans-serif;<br \/>        color: #595959;<br \/>        background: #fff;<br \/>    }<\/p>\n<p>    .container {<br \/>        background: transparent;<br \/>    }<\/p>\n<p>    h1 {<br \/>        font-size: 26px;<br \/>        \/* color: #000; *\/<br \/>        text-align: center;<br \/>        margin-bottom: 26px;<br \/>        font-weight: bold;<br \/>    }<\/p>\n<p>    h2 {<br \/>        font-size: 19px;<br \/>        \/* color: #000; *\/<br \/>        margin: 19px 0 8px 0;<br \/>        font-weight: bold;<br \/>    }<\/p>\n<p>    h3 {<br \/>        font-size: 17px;<br \/>        \/* color: #000; *\/<br \/>        margin: 17px 0 8px 0;<br \/>        font-weight: bold;<br \/>    }<\/p>\n<p>    h4 {<br \/>        font-size: 15px;<br \/>        \/* color: #000; *\/<br \/>        margin: 15px 0 8px 0;<br \/>        font-weight: bold;<br \/>    }<\/p>\n<p>    p {<br \/>        font-size: 14px;<br \/>        margin-bottom: 8px;<br \/>        text-align: justify;<br \/>    }<\/p>\n<p>    a {<br \/>        color: #3030F1;<br \/>        text-decoration: none;<br \/>        word-break: break-word;<br \/>    }<\/p>\n<p>    a:hover {<br \/>        text-decoration: underline;<br \/>    }<\/p>\n<p>    ul,<br \/>    ol {<br \/>        margin: 15px 0 15px 30px;<br \/>    }<\/p>\n<p>    li {<br \/>        margin-bottom: 8px;<br \/>        font-size: 14px;<br \/>    }<\/p>\n<p>    ul {<br \/>        list-style-type: disc;<br \/>    }<\/p>\n<p>    ul ul {<br \/>        list-style-type: circle;<br \/>    }<\/p>\n<p>    ul ul ul {<br \/>        list-style-type: square;<br \/>    }<\/p>\n<p>    .toc {<br \/>        background: #f9f9f9;<br \/>        padding: 20px;<br \/>        border-radius: 5px;<br \/>        margin: 20px 0;<br \/>    }<\/p>\n<p>    .toc h2 {<br \/>        margin-top: 0;<br \/>    }<\/p>\n<p>    .toc a {<br \/>        display: block;<br \/>        padding: 3px 0;<br \/>    }<\/p>\n<p>    .contact-info {<br \/>        background: #f5f5f5;<br \/>        padding: 20px;<br \/>        border-radius: 5px;<br \/>        margin: 20px 0;<br \/>    }<\/p>\n<p>    .highlight {<br \/>        background: #fff3cd;<br \/>        padding: 15px;<br \/>        border-left: 4px solid #ffc107;<br \/>        margin: 15px 0;<br \/>    }<\/p>\n<p>    .section {<br \/>        margin: 30px 0;<br \/>    }<\/p>\n<p>    .caps {<br \/>        text-transform: uppercase;<br \/>        font-weight: bold;<br \/>    }<\/p>\n<p>    @media (max-width: 768px) {<br \/>        body {<br \/>            padding: 15px;<br \/>        }<\/p>\n<p>        h1 {<br \/>            font-size: 22px;<br \/>        }<\/p>\n<p>        h2 {<br \/>            font-size: 18px;<br \/>        }<\/p>\n<p>        h3 {<br \/>            font-size: 16px;<br \/>        }<br \/>    }<br \/><\/style><\/p><div class=\"container\"><header><h1>TERMS AND CONDITIONS<\/h1><\/header><section class=\"section\"><h2>AGREEMENT TO OUR LEGAL TERMS<\/h2><p>We are <strong>CMC Development GmbH<\/strong> (&#8220;Company,&#8221; &#8220;we,&#8221; &#8220;us,&#8221; &#8220;our&#8221;), a company registered in<br \/>Germany, Munich, Bayern. Our VAT number is DE359397149.<\/p><p>We operate the website <a href=\"https:\/\/kitespotapp.com\">https:\/\/kitespotapp.com<\/a> (the &#8220;Site&#8221;), the<br \/>mobile application KiteSpot (the &#8220;App&#8221;), as well as any other related products and services that refer<br \/>or link to these legal terms (the &#8220;Legal Terms&#8221;) (collectively, the &#8220;Services&#8221;).<\/p><p>You can contact us by email at <a href=\"mailto:support@kitespotapp.com\">support@kitespotapp.com<\/a>.<\/p><div class=\"highlight\"><p>These Legal Terms constitute a legally binding agreement made between you, whether personally or on<br \/>behalf of an entity (&#8220;you&#8221;), and CMC Development GmbH, concerning your access to and use of the<br \/>Services. You agree that by accessing the Services, you have read, understood, and agreed to be<br \/>bound by all of these Legal Terms. <span class=\"caps\">If you do not agree with all of these legal<br \/>terms, then you are expressly prohibited from using the services and you must discontinue use<br \/>immediately.<\/span><\/p><\/div><p>The Services are intended for users who are at least 13 years of age. All users who are minors in the<br \/>jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be<br \/>directly supervised by, their parent or guardian to use the Services.<\/p><\/section><nav class=\"toc\"><h2>TABLE OF CONTENTS<\/h2><p><a href=\"#services\">1. OUR SERVICES<\/a><br \/><a href=\"#ip\">2. INTELLECTUAL PROPERTY RIGHTS<\/a><br \/><a href=\"#userreps\">3. USER REPRESENTATIONS<\/a><br \/><a href=\"#userreg\">4. USER REGISTRATION<\/a><br \/><a href=\"#prohibited\">5. PROHIBITED ACTIVITIES<\/a><br \/><a href=\"#ugc\">6. USER GENERATED CONTRIBUTIONS<\/a><br \/><a href=\"#license\">7. CONTRIBUTION LICENSE<\/a><br \/><a href=\"#reviews\">8. GUIDELINES FOR REVIEWS<\/a><br \/><a href=\"#gamification\">9. GAMIFICATION &amp; POINTS PROGRAM<\/a><br \/><a href=\"#mobile\">10. MOBILE APPLICATION LICENSE<\/a><br \/><a href=\"#socialmedia\">11. SOCIAL MEDIA<\/a><br \/><a href=\"#thirdparty\">12. THIRD-PARTY WEBSITES AND CONTENT<\/a><br \/><a href=\"#advertisers\">13. ADVERTISERS<\/a><br \/><a href=\"#sitemanage\">14. SERVICES MANAGEMENT<\/a><br \/><a href=\"#ppyes\">15. PRIVACY POLICY<\/a><br \/><a href=\"#terms\">16. TERM AND TERMINATION<\/a><br \/><a href=\"#modifications\">17. MODIFICATIONS AND INTERRUPTIONS<\/a><br \/><a href=\"#law\">18. GOVERNING LAW<\/a><br \/><a href=\"#disputes\">19. DISPUTE RESOLUTION<\/a><br \/><a href=\"#corrections\">20. CORRECTIONS<\/a><br \/><a href=\"#disclaimer\">21. DISCLAIMER<\/a><br \/><a href=\"#liability\">22. LIMITATIONS OF LIABILITY<\/a><br \/><a href=\"#indemnification\">23. INDEMNIFICATION<\/a><br \/><a href=\"#userdata\">24. USER DATA<\/a><br \/><a href=\"#electronic\">25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES<\/a><br \/><a href=\"#california\">26. CALIFORNIA USERS AND RESIDENTS<\/a><br \/><a href=\"#misc\">27. MISCELLANEOUS<\/a><br \/><a href=\"#contact\">28. CONTACT US<\/a><\/p><\/nav><section id=\"services\" class=\"section\"><h2>1. OUR SERVICES<\/h2><p>The information provided when using the Services is not intended for distribution to or use by any person or<br \/>entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation<br \/>or which would subject us to any registration requirement within such jurisdiction or country. Accordingly,<br \/>those persons who choose to access the Services from other locations do so on their own initiative and are<br \/>solely responsible for compliance with local laws, if and to the extent local laws are applicable.<\/p><p>The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability<br \/>and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your<br \/>interactions would be subjected to such laws, you may not use the Services. You may not use the Services<br \/>in a way that would violate the Gramm-Leach-Bliley Act (GLBA).<\/p><\/section><section id=\"ip\" class=\"section\"><h2>2. INTELLECTUAL PROPERTY RIGHTS<\/h2><h3>Our intellectual property<\/h3><p>We are the owner or the licensee of all intellectual property rights in our Services, including all source<br \/>code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in<br \/>the Services (collectively, the &#8220;Content&#8221;), as well as the trademarks, service marks, and logos contained<br \/>therein (the &#8220;Marks&#8221;).<\/p><p>Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property<br \/>rights and unfair competition laws) and treaties in the United States and around the world.<\/p><p>The Content and Marks are provided in or through the Services &#8220;AS IS&#8221; for your personal, non-commercial use<br \/>or internal business purpose only.<\/p><h3>Your use of our Services<\/h3><p>Subject to your compliance with these Legal Terms, including the &#8220;<a href=\"#prohibited\">PROHIBITED<br \/>ACTIVITIES<\/a>&#8221; section below, we grant you a non-exclusive, non-transferable, revocable license to:<\/p><ul><li>access the Services; and<\/li><li>download or print a copy of any portion of the Content to which you have properly gained access.<\/li><\/ul><p>solely for your personal, non-commercial use or internal business purpose.<\/p><p>Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or<br \/>Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,<br \/>translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose<br \/>whatsoever, without our express prior written permission.<\/p><p>If you wish to make any use of the Services, Content, or Marks other than as set out in this section or<br \/>elsewhere in our Legal Terms, please address your request to: <a href=\"mailto:office@kitespotapp.com\">office@kitespotapp.com<\/a>. If we ever grant you the permission to<br \/>post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners<br \/>or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears<br \/>or is visible on posting, reproducing, or displaying our Content.<\/p><p>We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.<\/p><p>Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and<br \/>your right to use our Services will terminate immediately.<\/p><h3>Your submissions and contributions<\/h3><p>Please review this section and the &#8220;<a href=\"#prohibited\">PROHIBITED ACTIVITIES<\/a>&#8221; section carefully prior<br \/>to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or<br \/>upload any content through the Services.<\/p><p><strong>Submissions:<\/strong> By directly sending us any question, comment, suggestion, idea, feedback, or<br \/>other information about the Services (&#8220;Submissions&#8221;), you agree to assign to us all intellectual property<br \/>rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted<br \/>use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or<br \/>compensation to you.<\/p><p><strong>Contributions:<\/strong> The Services may invite you to chat, contribute to, or participate in blogs,<br \/>message boards, online forums, and other functionality during which you may create, submit, post, display,<br \/>transmit, publish, distribute, or broadcast content and materials to us or through the Services, including<br \/>but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating<br \/>suggestions, personal information, or other material (&#8220;Contributions&#8221;). Any Submission that is publicly<br \/>posted shall also be treated as a Contribution.<\/p><p>You understand that Contributions may be viewable by other users of the Services and possibly through<br \/>third-party websites.<\/p><p><strong>When you post Contributions, you grant us a license (including use of your name, trademarks, and<br \/>logos):<\/strong> By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable,<br \/>perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use,<br \/>copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly<br \/>display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including,<br \/>without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to<br \/>prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the<br \/>licenses granted in this section. Our use and distribution may occur in any media formats and through any<br \/>media channels.<\/p><p>This license includes our use of your name, company name, and franchise name, as applicable, and any of the<br \/>trademarks, service marks, trade names, logos, and personal and commercial images you provide.<\/p><p><strong>You are responsible for what you post or upload:<\/strong> By sending us Submissions and\/or posting<br \/>Contributions through any part of the Services or making Contributions accessible through the Services by<br \/>linking your account through the Services to any of your social networking accounts, you:<\/p><ul><li>confirm that you have read and agree with our &#8220;<a href=\"#prohibited\">PROHIBITED ACTIVITIES<\/a>&#8221; and will<br \/>not post, send, publish, upload, or transmit through the Services any Submission nor post any<br \/>Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive,<br \/>discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or<br \/>misleading;<\/li><li>to the extent permissible by applicable law, waive any and all moral rights to any such Submission<br \/>and\/or Contribution;<\/li><li>warrant that any such Submission and\/or Contributions are original to you or that you have the necessary<br \/>rights and licenses to submit such Submissions and\/or Contributions and that you have full authority to<br \/>grant us the above-mentioned rights in relation to your Submissions and\/or Contributions; and<\/li><li>warrant and represent that your Submissions and\/or Contributions do not constitute confidential<br \/>information.<\/li><\/ul><p>You are solely responsible for your Submissions and\/or Contributions and you expressly agree to reimburse us<br \/>for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party&#8217;s<br \/>intellectual property rights, or (c) applicable law.<\/p><p><strong>We may remove or edit your Content:<\/strong> Although we have no obligation to monitor any<br \/>Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in<br \/>our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we<br \/>remove or edit any such Contributions, we may also suspend or disable your account and report you to the<br \/>authorities.<\/p><\/section><section id=\"userreps\" class=\"section\"><h2>3. USER REPRESENTATIONS<\/h2><p>By using the Services, you represent and warrant that:<\/p><ol><li>all registration information you submit will be true, accurate, current, and complete;<\/li><li>you will maintain the accuracy of such information and promptly update such registration information<br \/>as necessary;<\/li><li>you have the legal capacity and you agree to comply with these Legal Terms;<\/li><li>you are not under the age of 13;<\/li><li>you are not a minor in the jurisdiction in which you reside, or if a minor, you have received<br \/>parental permission to use the Services;<\/li><li>you will not access the Services through automated or non-human means;<\/li><li>you will not use the Services for any illegal or unauthorized purpose; and<\/li><li>your use of the Services will not violate any applicable law or regulation.<\/li><\/ol><\/section><section id=\"userreg\" class=\"section\"><h2>4. USER REGISTRATION<\/h2><p>You may be required to register to use the Services. You agree to keep your password confidential and<br \/>will be responsible for all use of your account and password. We reserve the right to remove, reclaim,<br \/>or change a username you select if we determine, in our sole discretion, that such username is<br \/>inappropriate, obscene, or otherwise objectionable.<\/p><\/section><section id=\"prohibited\" class=\"section\"><h2>5. PROHIBITED ACTIVITIES<\/h2><p>You may not access or use the Services for any purpose other than that for which we make the Services<br \/>available. The Services may not be used in connection with any commercial endeavors except those that are<br \/>specifically endorsed or approved by us. As a user of the Services, you agree not to:<\/p><ul><li>Systematically retrieve data or other content from the Services to create or compile a collection,<br \/>compilation, database, or directory without written permission from us.<\/li><li>Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account<br \/>information such as user passwords.<\/li><li>Circumvent, disable, or otherwise interfere with security-related features of the Services.<\/li><li>Disparage, tarnish, or otherwise harm, in our opinion, us and\/or the Services.<\/li><li>Use any information obtained from the Services in order to harass, abuse, or harm another person.<\/li><li>Make improper use of our support services or submit false reports of abuse or misconduct.<\/li><li>Use the Services in a manner inconsistent with any applicable laws or regulations.<\/li><li>Engage in unauthorized framing of or linking to the Services.<\/li><li>Upload or transmit viruses, Trojan horses, or other material that interferes with any party&#8217;s<br \/>uninterrupted use and enjoyment of the Services.<\/li><li>Engage in any automated use of the system, such as using scripts to send comments or messages, or<br \/>using any data mining, robots, or similar data gathering and extraction tools.<\/li><li>Delete the copyright or other proprietary rights notice from any Content.<\/li><li>Attempt to impersonate another user or person or use the username of another user.<\/li><li>Sell or otherwise transfer your profile.<\/li><li>Use the Services to advertise or offer to sell goods and services.<\/li><\/ul><\/section><section id=\"ugc\" class=\"section\"><h2>6. USER GENERATED CONTRIBUTIONS<\/h2><p>The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums,<br \/>and other functionality, and may provide you with the opportunity to create, submit, post, display,<br \/>transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services,<br \/>including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or<br \/>personal information or other material (collectively, &#8220;Contributions&#8221;). Contributions may be viewable by<br \/>other users of the Services and through third-party websites. As such, any Contributions you transmit may be<br \/>treated as non-confidential and non-proprietary. When you create or make available any Contributions, you<br \/>thereby represent and warrant that:<\/p><ul><li>The creation, distribution, transmission, public display, or performance, and the accessing,<br \/>downloading, or copying of your Contributions do not and will not infringe the proprietary rights,<br \/>including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any<br \/>third party.<\/li><li>You are the creator and owner of or have the necessary licenses, rights, consents, releases, and<br \/>permissions to use and to authorize us, the Services, and other users of the Services to use your<br \/>Contributions in any manner contemplated by the Services and these Legal Terms.<\/li><li>You have the written consent, release, and\/or permission of each and every identifiable individual<br \/>person in your Contributions to use the name or likeness of each and every such identifiable individual<br \/>person to enable inclusion and use of your Contributions in any manner contemplated by the Services and<br \/>these Legal Terms.<\/li><li>Your Contributions are not false, inaccurate, or misleading.<\/li><li>Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid<br \/>schemes, chain letters, spam, mass mailings, or other forms of solicitation.<\/li><li>Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous,<br \/>or otherwise objectionable (as determined by us).<\/li><li>Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.<\/li><li>Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other<br \/>person and to promote violence against a specific person or class of people.<\/li><li>Your Contributions do not violate any applicable law, regulation, or rule.<\/li><li>Your Contributions do not violate the privacy or publicity rights of any third party.<\/li><li>Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended<br \/>to protect the health or well-being of minors.<\/li><li>Your Contributions do not include any offensive comments that are connected to race, national origin,<br \/>gender, sexual preference, or physical handicap.<\/li><li>Your Contributions do not otherwise violate, or link to material that violates, any provision of these<br \/>Legal Terms, or any applicable law or regulation.<\/li><\/ul><p>Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among<br \/>other things, termination or suspension of your rights to use the Services.<\/p><\/section><section id=\"license\" class=\"section\"><h2>7. CONTRIBUTION LICENSE<\/h2><p>By posting your Contributions to any part of the Services or making Contributions accessible to the Services<br \/>by linking your account from the Services to any of your social networking accounts, you automatically<br \/>grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited,<br \/>irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license<br \/>to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache,<br \/>publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and<br \/>distribute such Contributions (including, without limitation, your image and voice) for any purpose,<br \/>commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works,<br \/>such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur<br \/>in any media formats and through any media channels.<\/p><p>This license will apply to any form, media, or technology now known or hereafter developed, and includes our<br \/>use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks,<br \/>trade names, logos, and personal and commercial images you provide. You waive all moral rights in your<br \/>Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.<\/p><p>We do not assert any ownership over your Contributions. You retain full ownership of all of your<br \/>Contributions and any intellectual property rights or other proprietary rights associated with your<br \/>Contributions. We are not liable for any statements or representations in your Contributions provided by you<br \/>in any area on the Services. You are solely responsible for your Contributions to the Services and you<br \/>expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against<br \/>us regarding your Contributions.<\/p><p>We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any<br \/>Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the<br \/>Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice.<br \/>We have no obligation to monitor your Contributions.<\/p><\/section><section id=\"reviews\" class=\"section\"><h2>8. GUIDELINES FOR REVIEWS<\/h2><p>We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply<br \/>with the following criteria:<\/p><ol><li>you should have firsthand experience with the person\/entity being reviewed;<\/li><li>your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language;<\/li><li>your reviews should not contain discriminatory references based on religion, race, gender, national<br \/>origin, age, marital status, sexual orientation, or disability;<\/li><li>your reviews should not contain references to illegal activity;<\/li><li>you should not be affiliated with competitors if posting negative reviews;<\/li><li>you should not make any conclusions as to the legality of conduct;<\/li><li>you may not post any false or misleading statements; and<\/li><li>you may not organize a campaign encouraging others to post reviews, whether positive or negative.<\/li><\/ol><p>We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen<br \/>reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not<br \/>endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or<br \/>partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from<br \/>any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free,<br \/>fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any<br \/>means, display, perform, and\/or distribute all content relating to review.<\/p><\/section><section id=\"gamification\" class=\"section\"><h2>9. GAMIFICATION &amp; POINTS PROGRAM<\/h2><div class=\"highlight\"><p>This section governs your participation in Kitespot&#8217;s optional gamification program (the &#8220;Program&#8221;). By<br \/>participating, you agree to these terms in addition to the Kitespot Terms of Use and Privacy Policy.<\/p><\/div><h3>a) Purpose<\/h3><p>The Program is designed to reward meaningful contributions that improve the quality of information available<br \/>to the community. It is not intended to incentivize spam, low effort content, or abusive behavior.<\/p><h3>b) Earning Points<\/h3><p>Subject to the rules below and verification by our systems, you may earn points for the following actions:<\/p><ul><li><strong>Share the App: <\/strong>20 points &#8211; Share Kitespot using the in-app share feature,<br \/>as recorded by our systems<\/li><li><strong>Add a Picture: <\/strong>10 points &#8211; Upload original photos to spots or schools that<br \/>add useful context<\/li><li><strong>Add New Spot: <\/strong>10 points &#8211; Create new, accurate spot entries with essential<br \/>details<\/li><li><strong>Review Spot or School: <\/strong>10 points &#8211; Write substantive, honest, first-hand<br \/>reviews with relevant details<\/li><li><strong>Post your session: <\/strong>10 points &#8211; Write substantive, honest, first-hand<br \/>sessions with relevant details<\/li><\/ul><h3>c) Detailed Requirements:<\/h3><ul><li><strong>Share the App<\/strong> \u2013 We may require that the share is sent to a genuine recipient and\/or<br \/>performed only a limited number of times per period.<\/li><li><strong>Add a Picture<\/strong> \u2013 Original photos that add useful context (e.g., conditions, access,<br \/>hazards). Duplicates, stock photos, AI generated images, or low quality\/irrelevant images may be<br \/>rejected.<\/li><li><strong>Add New Spot<\/strong> \u2013 Accurate spot entries with essential details (location, description,<br \/>access rules, hazards). Entries that are duplicates, inaccurate, incomplete, or violate local<br \/>laws\/access rights may be removed with no points awarded.<\/li><li><strong>Review Spot or School<\/strong> \u2013 Substantive, honest, first-hand reviews describing your own<br \/>experience with relevant details (conditions, wind\/tide, crowding, access, lessons, safety, etc.).<ul><li>Reviews that consist mainly of single words or generic reactions (e.g., &#8220;top,&#8221; &#8220;good,&#8221;<br \/>&#8220;nice,&#8221;<br \/>&#8220;ok&#8221;) will not be accepted.<\/li><li>No reviews in exchange for compensation or benefits, and no reviews where you have a<br \/>conflict of<br \/>interest (e.g., you own\/work for the subject).<\/li><\/ul><\/li><li><strong>Post your session<\/strong> \u2013 A session post must be based on the user\u2019s own real experience<br \/>and should include meaningful information (e.g. location, conditions, duration, personal insights).<ul><li>Sessions that consist mainly of single words or generic reactions (e.g., &#8220;top,&#8221; &#8220;good,&#8221;<br \/>&#8220;nice,&#8221;<br \/>&#8220;ok&#8221;) will not be accepted.<\/li><li>No sessions in exchange for compensation or benefits, and no sessions where you have a<br \/>conflict of<br \/>interest (e.g., you own\/work for the subject).<\/li><\/ul><\/li><\/ul><div class=\"warning\"><p><strong>Verification &amp; Caps:<\/strong> Kitespot may set frequency caps, throttles, or category<br \/>specific<br \/>limits (e.g., per day\/per account) and may require additional signals (e.g., GPS, device checks) to<br \/>validate eligibility. We may deny, delay, or reverse points for any reason, including suspected<br \/>abuse or error. Misuse of the feature (posting false, repeated, or empty content to gain points) may<br \/>result in<br \/>removal of points or suspension of the account.<\/p><\/div><h3>d) Conduct &amp; Anti-Abuse<\/h3><p>You agree not to:<\/p><ul><li>Post low effort, repetitive, or irrelevant content for the purpose of accumulating points.<\/li><li>Submit many reviews or other interactions in a very short time (e.g., within a single day) in a way<br \/>that<br \/>reasonably indicates an intent to game the system.<\/li><li>Use automated tools, scripts, or multiple accounts to generate activity.<\/li><li>Misrepresent your identity or experience, copy others&#8217; content, or infringe third party rights.<\/li><\/ul><p>Kitespot may investigate, withhold or deduct points, remove content, suspend or terminate participation,<br \/>and\/or reset your leaderboard status where we reasonably believe Program misuse or violation of these<br \/>Terms<br \/>has occurred.<\/p><h3>e) Content Standards &amp; Rights<\/h3><p>By submitting content, you confirm it is your own or you have the necessary rights and consents<br \/>(including<br \/>identifiable persons). You grant Kitespot a license consistent with the Terms of Use to host, display,<br \/>and<br \/>use your content. We may edit, moderate, or remove content at our discretion.<\/p><h3>f) No Cash Value; Non-Transferable<\/h3><div class=\"warning\"><p>Points, badges, and rankings have <strong>no monetary value<\/strong>, are not legal tender, and<br \/>cannot be<br \/>sold, transferred, or redeemed for cash. Kitespot may, but is not obligated to, offer perks or<br \/>recognition; any such perks are discretionary and subject to change.<\/p><\/div><p>Prizes, if and when offered, will be given only after compliance with the above conditions has been<br \/>reviewed<br \/>and confirmed by our team. The team&#8217;s determination shall be final and not subject to appeal.<\/p><h3>g) Changes, Errors &amp; Availability<\/h3><p>We may modify, pause, or discontinue the Program (or any earning rules) at any time, with or without<br \/>notice.<br \/>We may correct errors in point calculations at any time. Program availability may vary by region and may<br \/>be<br \/>restricted where prohibited by law.<\/p><\/section><section id=\"mobile\" class=\"section\"><h2>10. MOBILE APPLICATION LICENSE<\/h2><h3>Use License<\/h3><p>If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable,<br \/>limited right to install and use the App on wireless electronic devices owned or controlled by you, and to<br \/>access and use the App on such devices strictly in accordance with the terms and conditions of this mobile<br \/>application license contained in these Legal Terms. You shall not:<\/p><ol><li>except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the<br \/>source code of, or decrypt the App;<\/li><li>make any modification, adaptation, improvement, enhancement, translation, or derivative work from the<br \/>App;<\/li><li>violate any applicable laws, rules, or regulations in connection with your access or use of the App;<\/li><li>remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted<br \/>by us or the licensors of the App;<\/li><li>use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is<br \/>not designed or intended;<\/li><li>make the App available over a network or other environment permitting access or use by multiple devices<br \/>or users at the same time;<\/li><li>use the App for creating a product, service, or software that is, directly or indirectly, competitive<br \/>with or in any way a substitute for the App;<\/li><li>use the App to send automated queries to any website or to send any unsolicited commercial email; or<\/li><li>use any proprietary information or any of our interfaces or our other intellectual property in the<br \/>design, development, manufacture, licensing, or distribution of any applications, accessories, or<br \/>devices for use with the App.<\/li><\/ol><h3>Apple and Android Devices<\/h3><p>The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an<br \/>&#8220;App Distributor&#8221;) to access the Services:<\/p><ol><li>the license granted to you for our App is limited to a non-transferable license to use the application<br \/>on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance<br \/>with the usage rules set forth in the applicable App Distributor&#8217;s terms of service;<\/li><li>we are responsible for providing any maintenance and support services with respect to the App as<br \/>specified in the terms and conditions of this mobile application license contained in these Legal Terms<br \/>or as otherwise required under applicable law, and you acknowledge that each App Distributor has no<br \/>obligation whatsoever to furnish any maintenance and support services with respect to the App;<\/li><li>in the event of any failure of the App to conform to any applicable warranty, you may notify the<br \/>applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may<br \/>refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable<br \/>law, the App Distributor will have no other warranty obligation whatsoever with respect to the App;<\/li><li>you represent and warrant that (i) you are not located in a country that is subject to a US government<br \/>embargo, or that has been designated by the US government as a &#8220;terrorist supporting&#8221; country and (ii)<br \/>you are not listed on any US government list of prohibited or restricted parties;<\/li><li>you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a<br \/>VoIP application, then you must not be in violation of their wireless data service agreement when using<br \/>the App; and<\/li><li>you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and<br \/>conditions in this mobile application license contained in these Legal Terms, and that each App<br \/>Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and<br \/>conditions in this mobile application license contained in these Legal Terms against you as a<br \/>third-party beneficiary thereof.<\/li><\/ol><\/section><section id=\"socialmedia\" class=\"section\"><h2>11. SOCIAL MEDIA<\/h2><p>As part of the functionality of the Services, you may link your account with online accounts you have with<br \/>third-party service providers (each such account, a &#8220;Third-Party Account&#8221;) by either:<\/p><ol><li>providing your Third-Party Account login information through the Services; or<\/li><li>allowing us to access your Third-Party Account, as is permitted under the applicable terms and<br \/>conditions that govern your use of each Third-Party Account.<\/li><\/ol><p>You represent and warrant that you are entitled to disclose your Third-Party Account login information to us<br \/>and\/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions<br \/>that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or<br \/>making us subject to any usage limitations imposed by the third-party service provider of the Third-Party<br \/>Account.<\/p><p>By granting us access to any Third-Party Accounts, you understand that:<\/p><ol><li>we may access, make available, and store (if applicable) any content that you have provided to and<br \/>stored in your Third-Party Account (the &#8220;Social Network Content&#8221;) so that it is available on and through<br \/>the Services via your account, including without limitation any friend lists; and<\/li><li>we may submit to and receive from your Third-Party Account additional information to the extent you are<br \/>notified when you link your account with the Third-Party Account.<\/li><\/ol><div class=\"highlight\"><p><span class=\"caps\">Please note that your relationship with the third-party service providers associated<br \/>with your third-party accounts is governed solely by your agreement(s) with such third-party service<br \/>providers.<\/span><\/p><\/div><p>We make no effort to review any Social Network Content for any purpose, including but not limited to, for<br \/>accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You<br \/>acknowledge and agree that we may access your email address book associated with a Third-Party Account and<br \/>your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and<br \/>informing you of those contacts who have also registered to use the Services.<\/p><p>You can deactivate the connection between the Services and your Third-Party Account by contacting us using<br \/>the contact information below or through your account settings (if applicable). We will attempt to delete<br \/>any information stored on our servers that was obtained through such Third-Party Account, except the<br \/>username and profile picture that become associated with your account.<\/p><\/section><section id=\"thirdparty\" class=\"section\"><h2>12. THIRD-PARTY WEBSITES AND CONTENT<\/h2><p>The Services may contain (or you may be sent via the Site or App) links to other websites (&#8220;Third-Party<br \/>Websites&#8221;) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video,<br \/>information, applications, software, and other content or items belonging to or originating from third<br \/>parties (&#8220;Third-Party Content&#8221;).<\/p><p>Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy,<br \/>appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed<br \/>through the Services or any Third-Party Content posted on, available through, or installed from the<br \/>Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other<br \/>policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to,<br \/>or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply<br \/>approval or endorsement thereof by us.<\/p><p>If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party<br \/>Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should<br \/>review the applicable terms and policies, including privacy and data gathering practices, of any website to<br \/>which you navigate from the Services or relating to any applications you use or install from the Services.<br \/>Any purchases you make through Third-Party Websites will be through other websites and from other companies,<br \/>and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and<br \/>the applicable third party. You agree and acknowledge that we do not endorse the products or services<br \/>offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of<br \/>such products or services. Additionally, you shall hold us blameless from any losses sustained by you or<br \/>harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with<br \/>Third-Party Websites.<\/p><\/section><section id=\"advertisers\" class=\"section\"><h2>13. ADVERTISERS<\/h2><p>We allow advertisers to display their advertisements and other information in certain areas of the Services,<br \/>such as sidebar advertisements or banner advertisements. We simply provide the space to place such<br \/>advertisements, and we have no other relationship with advertisers.<\/p><\/section><section id=\"sitemanage\" class=\"section\"><h2>14. SERVICES MANAGEMENT<\/h2><p>We reserve the right, but not the obligation, to:<\/p><ol><li>monitor the Services for violations of these Legal Terms;<\/li><li>take appropriate legal action against anyone who, in our sole discretion, violates the law or these<br \/>Legal Terms, including without limitation, reporting such user to law enforcement authorities;<\/li><li>in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or<br \/>disable (to the extent technologically feasible) any of your Contributions or any portion thereof;<\/li><li>in our sole discretion and without limitation, notice, or liability, to remove from the Services or<br \/>otherwise disable all files and content that are excessive in size or are in any way burdensome to our<br \/>systems;<\/li><li>otherwise manage the Services in a manner designed to protect our rights and property and to facilitate<br \/>the proper functioning of the Services.<\/li><\/ol><\/section><section id=\"ppyes\" class=\"section\"><h2>15. PRIVACY POLICY<\/h2><p>We care about data privacy and security. Please review our Privacy Policy: <strong><a href=\"https:\/\/kitespotapp.com\/privacy-policy\/\" target=\"_blank\" rel=\"noopener\">https:\/\/kitespotapp.com\/privacy-policy\/<\/a><\/strong>. By using the Services, you<br \/>agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.<\/p><p>Please be advised the Services are hosted in Germany. If you access the Services from any other region of the<br \/>world with laws or other requirements governing personal data collection, use, or disclosure that differ<br \/>from applicable laws in Germany, then through your continued use of the Services, you are transferring your<br \/>data to Germany, and you expressly consent to have your data transferred to and processed in Germany.<\/p><p>Further, we do not knowingly accept, request, or solicit information from children or knowingly market to<br \/>children. Therefore, in accordance with the U.S. Children&#8217;s Online Privacy Protection Act, if we receive<br \/>actual knowledge that anyone under the age of 13 has provided personal information to us without the<br \/>requisite and verifiable parental consent, we will delete that information from the Services as quickly as<br \/>is reasonably practical.<\/p><\/section><section id=\"terms\" class=\"section\"><h2>16. TERM AND TERMINATION<\/h2><p>These Legal Terms shall remain in full force and effect while you use the Services. <span class=\"caps\">Without limiting any other provision of these legal terms, we reserve the right to, in our<br \/>sole discretion and without notice or liability, deny access to and use of the services (including<br \/>blocking certain ip addresses), to any person for any reason or for no reason, including without<br \/>limitation for breach of any representation, warranty, or covenant contained in these legal terms or of<br \/>any applicable law or regulation. We may terminate your use or participation in the services or delete<br \/>your account and any content or information that you posted at any time, without warning, in our sole<br \/>discretion.<\/span><\/p><p>If we terminate or suspend your account for any reason, you are prohibited from registering and creating a<br \/>new account under your name, a fake or borrowed name, or the name of any third party, even if you may be<br \/>acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the<br \/>right to take appropriate legal action, including without limitation pursuing civil, criminal, and<br \/>injunctive redress.<\/p><\/section><section id=\"modifications\" class=\"section\"><h2>17. MODIFICATIONS AND INTERRUPTIONS<\/h2><p>We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason<br \/>at our sole discretion without notice. However, we have no obligation to update any information on our<br \/>Services. We will not be liable to you or any third party for any modification, price change, suspension, or<br \/>discontinuance of the Services.<\/p><p>We cannot guarantee the Services will be available at all times. We may experience hardware, software, or<br \/>other problems or need to perform maintenance related to the Services, resulting in interruptions, delays,<br \/>or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the<br \/>Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever<br \/>for any loss, damage, or inconvenience caused by your inability to access or use the Services during any<br \/>downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to<br \/>maintain and support the Services or to supply any corrections, updates, or releases in connection<br \/>therewith.<\/p><\/section><section id=\"law\" class=\"section\"><h2>18. GOVERNING LAW<\/h2><p>These Legal Terms are governed by and interpreted following the laws of Germany, and the use of the United<br \/>Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual<br \/>residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by<br \/>obligatory provisions of the law in your country to residence.<\/p><p>CMC Development GmbH and yourself both agree to submit to the non-exclusive jurisdiction of the courts of<br \/>Bavaria, which means that you may make a claim to defend your consumer protection rights in regards to these<br \/>Legal Terms in Germany, or in the EU country in which you reside.<\/p><\/section><section id=\"disputes\" class=\"section\"><h2>19. DISPUTE RESOLUTION<\/h2><h3>Informal Negotiations<\/h3><p>To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal<br \/>Terms (each a &#8220;Dispute&#8221; and collectively, the &#8220;Disputes&#8221;) brought by either you or us (individually, a<br \/>&#8220;Party&#8221; and collectively, the &#8220;Parties&#8221;), the Parties agree to first attempt to negotiate any Dispute<br \/>(except those Disputes expressly provided below) informally for at least thirty (30) days before initiating<br \/>arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.<\/p><h3>Binding Arbitration<\/h3><p>Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by<br \/>one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European<br \/>Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and<br \/>which are in force at the time the application for arbitration is filed, and of which adoption of this<br \/>clause constitutes acceptance.<\/p><p>The seat of arbitration shall be M\u00fcnchen, Germany. The language of the proceedings shall be English.<br \/>Applicable rules of substantive law shall be the law of Germany.<\/p><h3>Restrictions<\/h3><p>The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To<br \/>the full extent permitted by law:<\/p><ol type=\"a\"><li>no arbitration shall be joined with any other proceeding;<\/li><li>there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize<br \/>class action procedures;<\/li><li>there is no right or authority for any Dispute to be brought in a purported representative capacity on<br \/>behalf of the general public or any other persons.<\/li><\/ol><h3>Exceptions to Informal Negotiations and Arbitration<\/h3><p>The Parties agree that the following Disputes are not subject to the above provisions concerning informal<br \/>negotiations binding arbitration:<\/p><ol type=\"a\"><li>any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual<br \/>property rights of a Party;<\/li><li>any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or<br \/>unauthorized use;<\/li><li>any claim for injunctive relief.<\/li><\/ol><p>If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any<br \/>Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute<br \/>shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and<br \/>the Parties agree to submit to the personal jurisdiction of that court.<\/p><\/section><section id=\"corrections\" class=\"section\"><h2>20. CORRECTIONS<\/h2><p>There may be information on the Services that contains typographical errors, inaccuracies, or omissions,<br \/>including descriptions, pricing, availability, and various other information. We reserve the right to<br \/>correct any errors, inaccuracies, or omissions and to change or update the information on the Services at<br \/>any time, without prior notice.<\/p><\/section><section id=\"disclaimer\" class=\"section\"><h2>21. DISCLAIMER<\/h2><div class=\"highlight\"><p class=\"caps\">The services are provided on an as-is and as-available basis. You agree that your use of the<br \/>services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties,<br \/>express or implied, in connection with the services and your use thereof, including, without limitation,<br \/>the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.<\/p><p class=\"caps\">We make no warranties or representations about the accuracy or completeness of the services&#8217;<br \/>content or the content of any websites or mobile applications linked to the services and we will assume<br \/>no liability or responsibility for any:<\/p><ol><li class=\"caps\">errors, mistakes, or inaccuracies of content and materials,<\/li><li class=\"caps\">personal injury or property damage, of any nature whatsoever, resulting from your<br \/>access to and use of the services,<\/li><li class=\"caps\">any unauthorized access to or use of our secure servers and\/or any and all personal<br \/>information and\/or financial information stored therein,<\/li><li class=\"caps\">any interruption or cessation of transmission to or from the services,<\/li><li class=\"caps\">any bugs, viruses, trojan horses, or the like which may be transmitted to or through<br \/>the services by any third party,<\/li><li class=\"caps\">any errors or omissions in any content and materials or for any loss or damage of any<br \/>kind incurred as a result of the use of any content posted, transmitted, or otherwise made available<br \/>via the services.<\/li><\/ol><p class=\"caps\">WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE<br \/>ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR<br \/>MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY<br \/>WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS<br \/>OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU<br \/>SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.<\/p><\/div><\/section><section id=\"liability\" class=\"section\"><h2>22. LIMITATIONS OF LIABILITY<\/h2><p class=\"caps\">In no event will we or our directors, employees, or agents be liable to you or any third party<br \/>for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost<br \/>profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have<br \/>been advised of the possibility of such damages.<\/p><\/section><section id=\"indemnification\" class=\"section\"><h2>23. INDEMNIFICATION<\/h2><p>You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our<br \/>respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim,<br \/>or demand, including reasonable attorneys&#8217; fees and expenses, made by any third party due to or arising out<br \/>of:<\/p><ol><li>your Contributions;<\/li><li>use of the Services;<\/li><li>breach of these Legal Terms;<\/li><li>any breach of your representations and warranties set forth in these Legal Terms;<\/li><li>your violation of the rights of a third party, including but not limited to intellectual property<br \/>rights; or<\/li><li>any overt harmful act toward any other user of the Services with whom you connected via the Services.<\/li><\/ol><p>Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and<br \/>control of any matter for which you are required to indemnify us, and you agree to cooperate, at your<br \/>expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim,<br \/>action, or proceeding which is subject to this indemnification upon becoming aware of it.<\/p><\/section><section id=\"userdata\" class=\"section\"><h2>24. USER DATA<\/h2><p>We will maintain certain data that you transmit to the Services for the purpose of managing the performance<br \/>of the Services, as well as data relating to your use of the Services. Although we perform regular routine<br \/>backups of data, you are solely responsible for all data that you transmit or that relates to any activity<br \/>you have undertaken using the Services. You agree that we shall have no liability to you for any loss or<br \/>corruption of any such data, and you hereby waive any right of action against us arising from any such loss<br \/>or corruption of such data.<\/p><\/section><section id=\"electronic\" class=\"section\"><h2>25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES<\/h2><p>Visiting the Services, sending us emails, and completing online forms constitute electronic communications.<br \/>You consent to receive electronic communications, and you agree that all agreements, notices, disclosures,<br \/>and other communications we provide to you electronically, via email and on the Services, satisfy any legal<br \/>requirement that such communication be in writing.<\/p><p class=\"caps\">You hereby agree to the use of electronic signatures, contracts, orders, and other records, and<br \/>to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via<br \/>the services.<\/p><p>You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws<br \/>in any jurisdiction which require an original signature or delivery or retention of non-electronic records,<br \/>or to payments or the granting of credits by any means other than electronic means.<\/p><\/section><section id=\"california\" class=\"section\"><h2>26. CALIFORNIA USERS AND RESIDENTS<\/h2><p>If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the<br \/>Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North<br \/>Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.<\/p><\/section><section id=\"misc\" class=\"section\"><h2>27. MISCELLANEOUS<\/h2><p>These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the<br \/>Services constitute the entire agreement and understanding between you and us. Our failure to exercise or<br \/>enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or<br \/>provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of<br \/>our rights and obligations to others at any time. We shall not be responsible or liable for any loss,<br \/>damage, delay, or failure to act caused by any cause beyond our reasonable control.<\/p><p>If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or<br \/>unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does<br \/>not affect the validity and enforceability of any remaining provisions. There is no joint venture,<br \/>partnership, employment or agency relationship created between you and us as a result of these Legal Terms<br \/>or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of<br \/>having drafted them. You hereby waive any and all defenses you may have based on the electronic form of<br \/>these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.<\/p><\/section><section id=\"contact\" class=\"section\"><h2>28. CONTACT US<\/h2><div class=\"contact-info\"><p>In order to resolve a complaint regarding the Services or to receive further information regarding<br \/>use of the Services, please contact us at:<\/p><p><strong>CMC Development GmbH<\/strong><br \/>81927 Munich, Bavaria<br \/>Germany<\/p><p>Email: <a href=\"mailto:support@kitespotapp.com\">support@kitespotapp.com<\/a><\/p><\/div><\/section><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"<p>TERMS AND CONDITIONS AGREEMENT TO OUR LEGAL TERMS We are CMC Development GmbH (&#8220;Company,&#8221; &#8220;we,&#8221; &#8220;us,&#8221; &#8220;our&#8221;), a company registered inGermany, Munich, Bayern. Our VAT number is DE359397149. We operate the website https:\/\/kitespotapp.com (the &#8220;Site&#8221;), themobile application KiteSpot (the &#8220;App&#8221;), as well as any other related products and services that referor link to these legal [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-23522","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/kitespotapp.com\/el\/wp-json\/wp\/v2\/pages\/23522","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/kitespotapp.com\/el\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/kitespotapp.com\/el\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/kitespotapp.com\/el\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/kitespotapp.com\/el\/wp-json\/wp\/v2\/comments?post=23522"}],"version-history":[{"count":84,"href":"https:\/\/kitespotapp.com\/el\/wp-json\/wp\/v2\/pages\/23522\/revisions"}],"predecessor-version":[{"id":33434,"href":"https:\/\/kitespotapp.com\/el\/wp-json\/wp\/v2\/pages\/23522\/revisions\/33434"}],"wp:attachment":[{"href":"https:\/\/kitespotapp.com\/el\/wp-json\/wp\/v2\/media?parent=23522"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}