Terms

Date of Last Revision: March 7, 2014

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") is our terms of service that governs our relationship with users and others who interact with Kitetribe. By using or accessing Kitetribe, you agree to this Statement, as updated from time to time in accordance with Section 14 below. Additionally, you will find resources at the end of this document that help you understand how Kitetribe works.

1.  Privacy

Your privacy is very important to us. We encourage you to read the Privacy page, and to use it to help you make informed decisions.

2.  Sharing Your Content and Information

You own all of the content and information you post on Kitetribe, and you can control how it is shared through your privacy and application settings. In addition:

  1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Kitetribe (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you.  We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. 
  4. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Kitetribe, to access and use that information, and to associate it with you (i.e., your name and profile picture).
  5. We always appreciate your feedback or other suggestions about Kitetribe, but you understand that we may use them without any obligation.

3.  Safety

We do our best to keep Kitetribe safe, but we cannot guarantee it. We need your help to keep Kitetribe safe, which includes the following commitments by you:

  1. You will not post unauthorized commercial communications (such as spam) on Kitetribe.
  2. You will not collect users' content or information, or otherwise access Kitetribe, using automated means (such as harvesting bots, robots, spiders, or scrapers).
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Kitetribe.
  4. You will not upload viruses or other malicious code.
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not bully, intimidate, or harass any user.
  7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; gratuitous violence. Nudity, as part of beach culture, is accepted, but not pornography.
  8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements).
  9. You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on Kitetribe.
  10. You will not use Kitetribe to do anything unlawful, misleading, malicious, or discriminatory.
  11. You will not do anything that could disable, overburden, or impair the proper working or appearance of Kitetribe, such as a denial of service attack or interference with page rendering or other Kitetribe functionality.
  12. You will not facilitate or encourage any violations of this Statement or our policies.

4.  Registration and Account Security

Kitetribe users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You will not provide any false personal information on Kitribe, or create an account for anyone other than yourself without permission.
  2. You will not create more than one personal account.
  3. If we disable your account, you will not create another one without our permission.
  4. You will not use your Personal profile Page primarily for your own commercial gain, and will use a Tribe Page for such purposes.
  5. You will not use Kitetribe if you are under 13.
  6. You will not use Kitetribe if you are a convicted sex offender.
  7. You will keep your contact information accurate and up-to-date.
  8. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
  9. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
  10. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

 5.  Protecting Other People's Rights

  1. We respect other people's rights, and expect you to do the same.
  2. You will not post content or take any action on Kitetribe that infringes or violates someone else's rights or otherwise violates the law.
  3. We can remove any content or information you post on Kitetribe if we believe that it violates this Statement or our policies.
  4. We provide you with tools to help you protect your intellectual property rights and you can report us any post content.
  5. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  6. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  7. You will not use our copyrights or trademarks (including Kitetribe, the Kitetribe and K Logos), or any confusingly similar marks, except with our prior written permission.
  8. If you collect information from users, you will: obtain their consent, make it clear you (and not Kitetribe) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  9. You will not post anyone's identification documents or sensitive financial information on Kitetribe.
  10. You will not tag users or send email invitations to non-users without their consent. Kitetribe offers social reporting tools to enable users to provide feedback about tagging.

6.  Mobile and Other Devices

  1. We provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
  2. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Kitetribe.

7.  About Advertisements and Other Commercial Content Served or Enhanced by Kitetribe

Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:

  1. You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. If you have selected a specific audience for your content or information, we will respect your choice when we use it.We do not give your content or information to advertisers without your consent.
  2. You understand that we may not always identify paid services and communications as such.

8.  Special Provisions Applicable to Kitetribe

You can target your desired audience by buying ads on Kitetribe. The following additional terms apply to you if you place an Order to advertise on Kitetribe:

  1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target.
  2. In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify.
  3. You will pay for your Orders in accordance with our Payments Terms.
  4. Your ads will comply with our Advertising Guidelines.
  5. We will determine the size, placement, and positioning of your ads.
  6. We do not guarantee the activity that your ads will receive, such as the number of clicks your ads will get.
  7. We cannot control how clicks are generated on your ads. We have systems that attempt to detect and filter certain click activity, but we are not responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the cost of running ads.
  8. You can not cancel your Order and you are responsible for paying for all ads that run.
  9. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
  10. We can use your ads and related content and information for marketing or promotional purposes.
  11. You will not issue any press release or make public statements about your relationship with Kitetribe without our prior written permission.
  12. We may reject or remove any ad for any reason.
  13. If you are placing ads on someone else's behalf, you must have permission to place those ads, including the following:
  14. You warrant that you have the legal authority to bind the advertiser to this Statement.
  15. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.

 9.  Amendments

  1. Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will provide you with seven (7) days notice and an opportunity to comment on changes to this Statement.  You can also visit our website to get updates about changes to this Statement.
  2. If we make changes to policies referenced in or incorporated by this Statement, we may provide notice by email.
  3. Your continued use of Kitetribe following changes to our terms constitutes your acceptance of our amended terms.

10.  Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Kitetribe to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate.

11.  Disputes

Any disputes arising hereunder will be under the exclusive jurisdiction of the Courts of Lugano, Switzerland. This contract is likewise ruled exclusively by the Swiss substantive Law.

WE TRY TO KEEP KITETRIBE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING KITETRIBE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT KITETRIBE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT KITETRIBE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. KITETRIBE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.