WeKite.com Terms of Service Agreement

 

Revision date: Apr 1, 2017

 

THE FOLLOWING DESCRIBES THE TERMS ON WHICH WEKITE.COM OFFERS YOU ACCESS TO OUR WEBSITES, APP, PLATFORM AND SERVICES:

Welcome to WeKite.com.

 

MEGALOOP AB (“WeKite.com”, “our”, “we”) provide our website (www.wekite.com) platforms, App, features, tools, Premium and Business services (together, the "Platform") to you subject to the terms of service set forth in this Terms of Service Agreement (the "Agreement").

A statement of our privacy policy may be found at https://www.wekite.com/privacy/.

We may update the Agreement at any time. When we do, we will revise the "Revision date" at the top of this Agreement, and you may view the most recent version at https://wekite.com/terms/. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. By continuing to use the Platform, you consent to any updates to this Agreement. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and WeKite.com regarding the Platform. By accessing or using the Platform, you accept this Agreement and any modifications that we may make to this Agreement from time to time. If you do not agree to any provision of this Agreement, you should not use the Platform.

 

1. Platform

Our Platform provides our users with a variety of resources to facilitate organizing of Sessions, (a "Session" is a physical meeting to a designated location – the “spot” – with the primarily intent to practice the kitesurf, windsurf, wave-surf or similar watersports), and to create a social network of people sharing the passion for surf.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Platform, and your submission of acceptable Public Information (as defined in Section 4 ("Your Information")).

 

2. Membership

2.1 Eligibility. Our Platform is available to all individuals who are at least 18 years of age. Our Platform is not available to any temporarily or indefinitely suspended WeKite.com users. By registering to use our Platform, you represent and warrant that you are at least 18 years of age.

We have the right, in our sole discretion, to suspend or terminate your use of our Platform and refuse any and all current or future use of all or any portion of our Platform.

2.2 Password and Security. When you complete our registration process you will create a password that will enable you to access our Platform. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that WeKite.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.2.

 

3. Fees and Payments

3.1 General. Access to our websites and use of selected features of our Platform is free. We may charge fees for various premium features and services that we offer, and we will notify you of those charges at the time that we offer you the premium features or services for a fee. We may, in our sole discretion, and by notifying you on our website, change this policy and begin charging for access to our website and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service or charge a new fee, we will establish and notify you of the fees for that service at the launch of the service or start of charging a new fee. If we notify you of new fees or change the fees for an existing service, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Service (e.g., overdrawn accounts, exceeding account limits, etc.).

3.2 Third Party Transactions. You acknowledge that WeKite.com does not control the transactions between you and any third party (WeKite Business User) who is advertising its product or services on WeKite.com, and that you bear all risk in connection with the transaction. Refunds of any payment you make to any WeKite Business User are subject to that third party policies and applicable law. If you believe any payment to an WeKite Business User is in error, you must contact the WeKite Business User to seek resolution. You should use common sense and be careful in deciding whether to make a payment to an WeKite Business User. You have full discretion whether and how to purchase any product or service from a WeKite Business User. WeKite.com cannot ensure that a WeKite Business User is legitimate and truthful, and that such WeKite Business User will deliver the products or service to you in the form advertised on the Platform, or to your according to your expectations. Your correspondence or business dealings with, or participation in promotions of a WeKite Business User, including payment and related services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the applicable WeKite Business User.

3.3 Payed Fee Subscriptions. Payed Fee Subscriptions are billed, as specified in the App, under WEKITE PREMIUM TERMS & CONDITIONS and WEKITE BUSINESS TERMS & CONDITIONS on either a monthly, quarterly, semi-annual, or annual recurring basis and are payable in advance of the subscription period with no refunds. Subscriptions are non-transferable. By purchasing a Subscription, you authorize us to keep your subscription current by charging your credit card or PayPal account the monthly subscription fee and all applicable taxes until you discontinue your Subscription. To discontinue future billings of your subscription, you can write to unsubscribe@wekite.com at least 15 business days in advance of your next renewal. We reserve the right to limit the number of WeKite Premium or WeKite Business accounts that may be charged to a particular PayPal, credit card or other account USERS ACKNOWLEDGE AND AGREE THAT RECEIPT OF ANY FEE FROM ANY THIRD PARTY IS A THIRD PARTY TRANSACTION BETWEEN YOU AND SUCH THIRD PARTY, AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. If you believe that any accounting by a Third Party is in error, you must contact such other Third Party, and not WeKite.com, to seek resolution. Your correspondence or business dealings with any Third Party, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party.

3.4 WeKite Premium Terms & Conditions. WeKite Premium is a set of premium features offered to WeKite users in front of a subscription fee. The fee amount is specified in our Platform under “WeKite Premium/Purchase Subscription/WeKite Premium Terms & Conditions”.

WeKite.com reserves the right to change the pricing of its service as well as its features and accessibility at any moment without prior notice.

Any such change will be communicated in writing to the email address that you provided us during the registration process. The amount is billed in Swedish Kronas - SEK. The subscription renews automatically. To discontinue future billings of your subscription, you can write to unsubscribe@wekite.com at least 15 business days in advance of your next renewal.  No refunds will be issued. Invoices will be issued only in electronic format and emailed to the email address specified in the “Billing Details” section. By purchasing WeKite Premium you agree and accept to the WeKite Premium Terms & Conditions and the present Agreement.

3.5 WeKite Business Terms & Conditions. WeKite Business is a set of premium features (“Interactive Business Tools”) offered to WeKite Business users in front of a subscription fee. The fee amount is specified in our Platform under “WeKite Premium/Purchase Subscription/WeKite Premium Terms & Conditions”.

WeKite.com reserves the right to change the pricing of its service as well as its features and accessibility at any moment without prior notice.

Any such change will be communicated in writing to the email address you provided in the “Billing Details” section. The amount is billed in Swedish Kronas - SEK.

The subscription renews automatically. To discontinue future billings of your subscription, you can write to unsubscribe@wekite.com at least 15 business days in advance of your next renewal.  No refunds will be issued. Invoices will be issued only in electronic format and emailed to the email address specified in the “Billing Details” section. By purchasing WeKite Premium or WeKite Business you agree and accept to the Terms & Conditions and the present Agreement.

3.6 Promotions; Coupon Codes; Group Sponsorships. We may from time to time offer promotions where we may discount or waive certain WeKite Premium or WeKite Business Subscriptions, or other fee-based products or services. We may offer coupon codes as a mechanism for processing a discount or credit. Coupon codes have no cash value, are not retroactive, and unless specified, are non-transferable and expire within 30 days of date of issue. Additionally, we may ship free WeKite.com promotional materials to an address you specify in order to promote WeKite.com.

Offers and promotions are subject to change.

3.7Consent to Disclosure. You acknowledge and agree that WeKite.com may disclose Your Information (as defined in Section 4) if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Agreement, (c) respond to claims that Your Information violates the rights of third parties; (d) protect the rights, property or personal safety of WeKite.com, its employees, users and the public; or (e) enable the transfer or sale to another entity of all or substantially all of our stock or assets in the line of business to which this Agreement relates, or upon any other corporate reorganization, subject to the promises made in this Agreement. We also may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.

 

4. Your Information

4.1 Definition. "Your Information" is defined as any information post or other material you provide (directly or indirectly), including through the registration process for a WeKite Premium or WeKite Business Subscription, or through the use of our Platform, in any public message board or through chat or email. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information (as defined below).

Any of Your Information that, through the use of our Platform or otherwise, you submit or make available for inclusion on publicly accessible areas of our website is referred to as "Public Information" (your name (if provided) and location are considered Public Information); any other portion of Your Information shall be referred to as "Private Information." "Publicly accessible" areas of our website are those areas that are available either to some or all of our members (i.e., not restricted to your viewing only) or to the general public.

You should understand that your Public Information may be accessible by and made public through syndication programs (including data feed tools) and by search engines, metasearch tools, crawlers, metacrawlers and other similar programs.

4.2 Restrictions. In consideration of your use of our Platform, you agree that Your Information:

• (a) shall not be fraudulent;

• (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

• (c) shall not violate any law, statute, ordinance or regulation;

• (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

• (e) shall not be obscene or contain, pornography, child pornography, or photographs of unclothed person(s);

• (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

• (g) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

• (h) shall not link directly or indirectly to any materials to which you do not have a right to link to or include.

In addition, you agree that you will provide us with your valid, current email address, both at the time of your registration with us and from time to time as your email address changes.

4.3 License. We do not claim ownership of Your Information. We will use Your Information only in accordance with our privacy policy. However, to enable us to use your Public Information and to ensure we do not violate any rights you may have in your Public Information, you grant WeKite.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise, commercialize and exploit the copyright, publicity, and database rights (but no other rights) you have in your Public Information, in any media now known or not currently known, with respect to your Public Information.

4.4 Restriction on Use of Your Information. Except as otherwise provided in our privacy policy, we will not sell, rent or otherwise disclose any of your Personally Identifiable Information (as defined in our privacy policy) about you (including your email address) to any third party.

 

5. Use of Platform

5.1 Control. You, and not WeKite.com, are entirely responsible for all of your Public Information that you upload, post, email, transmit or otherwise make available via our Platform. We do not control your Public Information or the Public Information of or posted by other users and do not guarantee the accuracy, integrity or quality of Your Information or the Information of or posted by other users. Nor do we endorse any opinions expressed by you or other users. You understand that by using our Platform, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, Public Information or information of or posted by other users. You agree that under no circumstances will WeKite.com its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our Platform, or for any failure to correct or remove information.

5.2 API License. Subject to the terms and conditions of this Agreement, WeKite.com grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to use any application programming interface ("API") that WeKite.com makes available via the Platform for the sole purpose of integrating or making available Public Information on another web site. WeKite.com reserves all rights not expressly granted under this Agreement.

5.3 Grounds for Removal, Sanction and/or Suspension. Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate removal, repeal and/or suspension or termination of your account:

(a) The use of our Platform to (including, without limitation, eligibility requirements):

• (i) harm or intimidate another person in any way, including restricting or inhibiting any other user from using our Platform;

• (ii) impersonate any person or entity (including WeKite.com, WeKite.com staff and other members), or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;

• (iii) disguise the origin of any Public Information that is transmitted to any third party;

• (iv) "stalk" or otherwise harass another;

(v) advertise merchandise, auctions, services or commercial websites (except for WeKite Business users), including offers to trade or charitable solicitations unrelated to the topic or spirit of WeKite.com

• (vi) resell Public Information or access to Public Information;

• or (vii) collect or store personal data about other users;

• (viii) Attempting to bypass the WeKite Business services by making improper use of the Map and the “Add Spot” function (disguise a commercial activity location with a surf Spot location) and or making improper or commercial use of the “spot chat” tab

(b) Posting any Public Information or other material:

• (i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another's privacy (including the posting of private emails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech;

• (ii) that is obscene, pornographic or adult in nature;

• (iii) that you do not have a right to make available under any law or under contractual or fiduciary relationships;

• (iv) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;

• (v) that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, "spam," "junk mail," and "chain letters");

• (vi) that is inappropriate, posted in bad faith, or contrary to the spirit of WeKite.com

• (vii) that uses the Platform primarily as a lead generator or listing service for another website;

(c) Encouraging others to violate this Agreement;

(d) Refusing to follow WeKite.com staff instruction or direction;

(e) Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation;

(f) Disclose the Private Information of any user of WeKite.com without the permission of that member; or

(g) Transmit money to WeKite.com or any through financial accounts that are stolen, fraudulent or otherwise unauthorized.

Also, your posting of other inappropriate actions, Public Information or other materials may also warrant removal and/or suspension from our website. WeKite.com reserves the right to remove any post or other material without warning or further notice.

While we prohibit such conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the Platform and attend Sessions at your own risk.

For purposes of this Agreement, "posting" includes uploading, posting, emailing, transmitting or otherwise making available. Without limiting the foregoing, WeKite.com and its designees shall have the right to remove any Public Information or other material that violates this Agreement or is otherwise objectionable.

5.4 Interference with Platform.

You agree that you will not:

(a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(b) interfere with or disrupt our Platform or networks connected to our website or through the use of our Platform, or disobey any requirements, procedures, policies or regulations of networks connected to our website or through the use of our Platform, or otherwise interfere with our Platform in any way, including through the use of JavaScript, active or other coding;

(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or

(d) copy, reproduce, alter, modify, or publicly display any information displayed on our website (except for Your Information), or create derivative works from our website (other than from Your Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of WeKite.com or any other third party, except with the prior written consent of WeKite.com or the appropriate third party.

5.5 General Practices Regarding Use of Platform. You acknowledge and agree that we may establish general practices and limits concerning the use of our Platform. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of Your Information. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

 

6. Sessions and social gatherings or activities at the premises of WeKite Business Users

6.1 Sessions and practice of dangerous, extreme sports. You understand that Kitesurfing, Windsurfing, SUP and Wave Surfing are dangerous water sports: you acknowledge and agree that when engaging in such activities you practice extreme sports at your own risk. You acknowledge and agree that WeKite.com cannot be deemed responsible for any accident, loss of lives, equipment or damage to persons, animals, environment and property, incurred as a consequence of any action of the individuals who are present at the Sessions or during any activity or event that takes place in such circumstances. WeKite.com strongly encourages to engage in kitesurf, surf, SUP and windsurf or similar activities only after having attended to proper courses. Before engaging in any water sport, consider to perform a risk analysis of the spot and evaluate the conditions against your skill level, as well as your physical fit and always check your equipment integrity. Be aware of sudden changes in weather conditions.

6.2 WeKite.com Sessions. Through our Platform we provide tools that enable our users to arrange physical meetings (the "Sessions) at locations (the “Spots”) that include, but are not limited to, public beaches, lakes, riversides, private or public environments, either indoor or outdoor. You acknowledge that Wekite.com does not supervise these Sessions, does not control on the identity of the individuals attending the Sessions and is not involved in any way with the actions of any individuals or any event that might take place during the Sessions at the Spots. As a result we request that our users exercise caution and good judgment when attending these Sessions. You acknowledge and agree that WeKite.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with actions of the individuals who are present at the Sessions, nor by any activity you might undertake or assist, or be directly or indirectly involved with during such circumstances, nor during transportation to and from the Spots.

6.3 Gatherings and activities at the premises of WeKite Business users. WeKite.com facilitates to find the premises of WeKite Business users (such as surf schools, accommodation or retail stores). Through our Platform we provide tools that enable WeKite Business users to promote their commercial activities. Many such activities consist in the practice of dangerous watersports (6.2), and or social gathering in public or private environments (6.1). Any product or service delivered to you by a WeKite Business user is considered as a Third Party Transaction (3.3). You acknowledge that Wekite.com does not supervise these gatherings, has not control on the identity of the individuals attending the gatherings, including the identity of the WeKite Business users and their representatives or associated personnel and is not involved in any way with the actions of any other individual or any event and activity that might take place during the gatherings at the Premises of a WeKite Business users. As a result we request that our users exercise caution and good judgment when attending these gatherings. You acknowledge and agree that that WeKite.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any information, product, service, equipment provided by or action undertaken by the individuals who are present at the gatherings at the premises of WeKite Business users or by any activity you might undertake, assist, or be directly or indirectly involved with during such circumstances, nor during transportation to and from the premises of WeKite Business users.

6.4 Information available on the Spot Info tab, Spot Chat tab and user Posts. WeKite.com App allows users to collect and post information regarding geographical characteristics, wind directions, facilities, hazards and weather conditions at each Spot. This information is accessible from the Map and available under the Spot Info and Spot Chat tabs. You acknowledge that all the information present on the Platform is User Generated Content (UGC) and might not be comprehensive nor correct. You acknowledge thatWeKite.com does not provide any moderation or control over the content present on the Platform in any sort of media, nor it is possible for WeKite.com staff to verify the truthfulness, comprehensiveness or accuracy of information presented under the Spot Info tab or posted by other WeKite users on the Spot Chat tab or present elsewhere on the Platform or displayed on Third Parties websites. You acknowledge and agree that WeKite.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any information, media content, users posts, or link available on our Platform or through any Third Party website or resources.

6.5 Release. Because we do not supervise or control the Sessions or interactions among or between members of WeKite.com and other persons or companies (including WeKite Business users), and because we are not involved in any way with physical transportation to or from the Spots (or towards premises of a WeKite Business user) with the actions of any individuals at Sessions (or towards premises of a WeKite Business user), and because we do not control credit card companies or other payment processing companies, and because we cannot guarantee the true identity, age, 3.3(b) (WeKite Premium and WeKite Business Fees), nationality of Platform users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Platform, you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a Session or at the premises of a WeKite Business User or any event that might take place in such circumstances.

 

7. Communications from WeKite.com and users of the Platform

7.1 WeKite.com Communications. You understand that certain communications, such as WeKite.com service announcements and newsletters, as well as offers of sponsorship or promotion relevant and beneficial to you or your WeKite Premium or WeKite Business Subscriptions, are part of our Platform. By using our Platform, you expressly agree to receive such communications from WeKite.com. You may manage your subscriptions to WeKite.com communications in the Communication Preferences tab of the Your Account page; however, some basic communications are a necessary part of our Platform and may not be disabled.

7.2 Communications with Members of the WeKite.com Community.

• Notifications. By adding a new Session or joining a Session, you understand and agree that you may receive communication from other members of the WeKite.com Community, or automated reminders from WeKite.com in the normal course of utilizing our Platform. Notifications of such messages will be relayed to your email address through our Platform, which does not disclose your email address.

• WeKite.com email notifications of Spot Chat posts. You may receive email notifications when other users have posted messages on the Spot Chat of a Spot where you have added a session. You may subscribe, unsubscribe, and manage the frequency of emails you receive from the Notification tab, under More/Settings/Notification

• WeKite.com Session Members. If you have added or joined a Session at a Spot, you agree to receive messages from individual members of your Session.

• WeKite.com Interactive Business Tools and interaction with WeKite Business users.

You understand that by engaging with a WeKite Business through any of the “interactive Business Tools” (including the buttons: “visit our webpage”, “contact us” and “share this page”) you agree to receive messages from individuals representing such Third Party.

7.4 Use of Pop-up Windows. WeKite.com might launch pop-up windows or banners to advertise third-party products or services.

7.5 Other Users. We do not control the information provided by other users, which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our website. Please note there is a risk that you may be dealing with underage persons or people acting under false pretense.

 

8. Privacy

WeKite.com collects registration and other information about you through the Platform. Our collection, use, and disclosure of this information is governed by the WeKite.com Privacy Policy Statement available at https://www.wekite.com/privacy/.

 

9. Links

On WeKite Business pages or elsewhere on the Platform, WeKite.com or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that WeKite.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

 

10. Dealings with WeKite Business users and Third Parties

Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on WeKite Business pages, on our website or throughout our Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party (3.3). You agree that WeKite.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of our Platform.

 

11. Indemnity

You agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of our Platform, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, your participation in a Session, or your participation at any gathering or activity at the premises of a WeKite Business user (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at such gatherings). Without limiting the foregoing, agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any WeKite.com user or third party due to or arising out of your actions as an member of a Session or gathering, including your use of money paid to you as a WeKite Business Member by other members of WeKite.com.

 

12. Warranties; Liability

12.1 Disclaimer of Warranties. Your use of our Platform is at your sole risk. Our Platform is provided to you "as is" and on an "as available" basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our Platform. We disclaim any warranties for any information or advice obtained through our Platform. We disclaim any warranties for services or goods received through or advertised on our Platform or received through any links provided by our Platform, as well as for any information or advice received through any links provided through our Platform.

In addition, no advice or information (oral or written) obtained by you from us shall create any warranty.

You understand and agree that you download or otherwise obtain material or data through the use of our Platform at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.

12.2 Limitation of Liability. You agree that in no event shall WeKite.com be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if WeKite.com has been advised of the possibility of such damages), arising out of or in connection with our Platform or this Agreement or the inability to use our Platform (however arising, including negligence), arising out of or in connection with Third Party Transactions or arising out of or in connection with your use of our Platform or transportation to or from Sessions and gatherings at premises of WeKite Business users, attendance at Sessions, participation in or exclusion from Sessions and the events that might take place or actions of you or other individuals at Sessions and gatherings at premises of WeKite Business users. Our liability to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees, if any, you pay to us in the twelve (12) months prior to the action giving rise to liability, and (b) SEK100.

 

13. Dispute Resolution

13.1 Most concerns can be solved quickly by contacting us at support@wekite.com

13.2 You acknowledge and agree that any dispute must be first dealt with negotiation and mediation. In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of Sweden.

13.3 Dispute Resolution by WeKite.com for the Benefit of Users. We may try to help WeKite.com members resolve disputes. We do so in our sole discretion, and we have no obligation to try to resolve disputes between users. To the extent we attempt to resolve disputes, we will do so in good faith based solely on the general rules and standards of the Platform, and we will not make judgments regarding legal issues or claims.

 

14. Modifications

We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our Platform with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our Platform.

 

15. Termination; Breach

You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account your status as a WeKite user or as a WeKite Business user, or your ability to use all or any portion of our Platform (including any APIs), for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Platform. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Platform. Termination or suspension of your use of our Platform in violation of Section 4.2 will not result in refunds of membership fees paid, if any, and you will forfeit the remaining period of your paid membership, if any.

 

16. Trademarks; Copyrights; Proprietary Rights

16.1 WeKite.com Trademarks. WeKite.com trademarks and service marks, and other WeKite.com logos, products and service names, are trademarks of MEGALOOP AB. Except as otherwise permitted by law, you agree not to display or use in any manner the WeKite.com Trademarks without WeKite.com prior written consent.

16.2 WeKite Business users owned Copyright and Trademarks. When advertising your business on WeKite.com Platform as a WeKite Business user, you will be asked to post your company name and logo, as well as a set of information and media to describe and promote your brand, products or services. By doing so you agree to lend WeKite.com the rights to publish and use such information on its Platform for advertisement and promotional service as long as your WeKite Business contract is in place. You also acknowledge and agree that your content will be publish automatically on your WeKite Business Page and as you provide it, without any additional information, media, registration mark or post stating the ownership of the IP published. You also acknowledge and agree to assume full legal responsibility for the information and media you upload and publish on your WeKite Business page or elsewhere on the platform. You acknowledge and agree to publish only information and media for which you or your company owns the IP (intellectual property), or the right of use, including Copyrights, Trademarks, Patents. You agree that WeKite.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of Copyright, Trademark, Patent or any other IP infringement. You acknowledge and agree that any information you publish in your WeKite Business Page becomes Public Information and is subject to the present agreement regards to the Use of Platform (5).

16.3 Copyrights and Trademarks of Others. WeKite.com respects the intellectual property of others, and we ask our users to do the same. To the extent WeKite.com uses a trademark that is the property of a third party, unless for WeKite Business users (16.2 applies) WeKite.com shall provide clear notice to anyone viewing WeKite.com´s use of that trademark that (a) WeKite.com does not own the trademark and that the trademark is the property of a third party, (b) WeKite.com has no affiliation, connection or association with that third party, and (c) if applicable, that third party has not approved or sponsored WeKite.com's use of the trademark in any way. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our Platform to those who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to this email address IP@wekite.com : 1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2.a description of the copyrighted work or other intellectual property that you claim has been infringed; 3.a description of where the material that you claim is infringing is located on the site; 4.your address, telephone number, and email address; 5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6.a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

16.4 Proprietary Rights. You acknowledge and agree that our Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through our Platform or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our Platform, in whole or in part.

 

17. No Resale

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of WeKite.com Platform, use of the Platform, or access to the Platform for any sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit or the Wekite.com, unless if you are a registered WeKite Business user.

 

18. Additional Terms

18.1 Notices. Except as otherwise stated in this Agreement or as expressly required by local law, any notice to us shall be given by email to legal@wekite.com , and any notice to you shall be given to the email address that you provided us during the registration process. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

18.2 Entire Agreement. This Agreement constitutes the entire agreement between you and WeKite.com, superseding any prior agreements between you and WeKite.com. To the extent that you have previously registered with WeKite.com and provided Your Information, this Agreement now governs how WeKite.com may use Your Information, whether provided in the past or the future.

18.3 No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and WeKite.com is intended or created by this Agreement.

18.4 Governing Law. Except as expressly provided in this Section, (a) this Agreement and the relationship between you and WeKite.com shall be governed by the laws of the Sweden, and (b) you and WeKite.com agree to submit to the personal and exclusive jurisdiction of the courts located within Stockholm.

18.5 Assignment. You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by WeKite.com, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of WeKite.com assets, or similar transaction.

18.6 No Guaranty. We do not guarantee continuous, uninterrupted or secure access to our Platform, and operation of our website may be interfered with by numerous factors outside of our control.

18.7 No Waiver. WeKite.com failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.

18.8 Severance. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and WeKite.com nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.

18.9 Survival. Sections 3.2 (Third Party Transactions), 3.3 (Payed Fee Subscriptions ), 3.4 (WeKite Premium Terms & Conditions ), 3.5 (WeKite Premium Terms & Conditions ) 4.3 (License), 5.4 (Interference with Platform), 6.5 (Release), 11 (Indemnity), 12 (Warranties; Liabilities), 13 (Dispute Resolution) and 18.4 (Governing Law) shall survive any termination or expiration of this Agreement.

18.10 Limitation. You and WeKite.com each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our Platform or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.

 

19. Disclosures; Violations

The Platform offered under this Agreement is offered by MEGALOOP AB, Wollmar Yxkullsgatan 48D, 11850 Stockholm, Sweden. Please report any violations of this Agreement by sending a notice of the violation to report@wekite.com

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By registering and using the Platform, you agree to this Agreement and all of its terms, including Section 13 which provides that, except as otherwise specified in Section 13.1, all disputes, claims or controversies arising out of or relating to this Agreement shall first be dealt with through negotiation and mediation and if the dispute is not resolved shall then be submitted to binding, neutral arbitration.

WEKITE ©  2016

MEGALOOP AB,

ALL RIGHTS RESERVED

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