Terms Of Service

WHO ARE WE?

This website is operated by Watersports.Guru Worldwide LTD and we operate the site www.watersports.guru.

Throughout the site, the terms ‘site’, ‘service’, “we”, “us”, “our” and ‘Watersports.Guru’ refer to Watersports.Guru Worldwide LTD.

Watersports.Guru offers this website, including all information, events, communications (e.g. emails, and phone calls), mobile applications, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These Terms of Service are effective immediately for all users accessing or using this service with or without a registered Account.

By using our site, subscribing and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Shipping Policy”, and “Privacy Policy”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing, using or making any purchase on our website. By making any purchases, accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

TRANSLATION

We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Watersports.Guru, and any inconsistencies among the different versions will be resolved in favor of the English version available here. 

SECTION 1 – SITE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You also agree that you have the requisite power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of Watersports.Guru or if we have previously banned you from the Service or closed your Account.

You may not use our service or products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

You must not transmit any worms or viruses or any code of a destructive nature. 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We do our best to make sure everything on our site is up to date and safe, however, we are not responsible if information or services made available on this site is not accurate, complete, legitimate or safe. All the material on this site, including posts, events and listings, is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. Your use in any kind of the Service is at your own risk, including the risk that you might be exposed to Content or Services that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 3 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and services are subject to change without notice. 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 4 – PRODUCTS OR SERVICES

By making any purchases through our site, you warrant that:

  • You are legally capable of entering into a binding contract.
  • You are at least 18 years old.
  • You are a resident in one of the Serviced Countries and you are accessing our Site from that country.
  • You agree to the Website Terms Of Service which govern all areas of this site, including all purchases of products and services.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Terms & Conditions.. 

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

By listing on our site you agree that your business or event holds the correct insurance and industry certifications to out activities legally, safely and with all due diligence.

We accept no liability for any loss, damage or injury caused by a product or service of Watersports.Guru Worldwide Ltd, shown on Watersports.Guru Worldwide Ltd, or posted by Watersports.Guru Worldwide Ltd.

We offer our products & services at different prices depending on when and where you first signed up. Please see our Website to view the most recent deals and offers.

SECTION 5 – PURCHASES AND PURCHASE CONTRACT

After your purchase is made on this Website, you will receive an e-mail from us to the account specified by you, acknowledging that we have received your order. Subject to our cancellation rights, this signals acceptance of your order and your contract between us.

The subscription service consists of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to deactivation. Watersports.Guru may submit periodic charges without further authorisation from you, until you provide prior notice that you have terminated this authorisation, or wish to change your payment method. Such notice will not affect charges submitted before Watersports.Guru could reasonably act. To terminate your authorisation or change your payment method, please follow instructions on our FAQ page or email [email protected]

By purchasing a subscription from or to Watersports.Guru, you are agreeing to pay recurring periodic subscriptions for an indefinite time until deactivated by you or us, on the subscription terms set out in the application form you have completed on our Website. These subscription terms are subject to variation and change. 

Your subscription is automatically set to renew at the time specified in your subscription plan. (i.e. annually), at which time your specified payment method will be used to take the next payment and continue your subscription. You can cancel this auto-renewal any time by following the instructions on our FAQ page. You will not be charged for any deactivation. You can re-subscribe at any time following your deactivation by taking out a new subscription, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.

Cancelling your subscription and deleting a listing is easy. Please follow instructions on our FAQ page.

We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision. Such reasons may include (but not limited to) suspicion of fraud.

SECTION 6 – VOUCHERS, DISCOUNTS AND GIFT CARDS

We may offer gift cards, discount promotions and other types of voucher (“Voucher”) which require activation by email application in order for the holder to commence products through our Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms of service shall become applicable as between us and the Holder of the Voucher (holder) when the Holder redeems the Voucher by applying for a Service to commence.

A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.

We reserve the right to withdraw or deactivate any Voucher (other than a paid-up gift card) for any reason at any time.

Vouchers may only be redeemed through our WebsSite and not through any other website or method of communication. To use your Voucher, you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.

Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates unless otherwise stated.

We reserve the right to exclude the use of Voucher codes on specific products.

Vouchers will not be applied in conjunction with any existing account credits.

We reserve the right to cancel Vouchers at any time. We also reserve the right to reject Voucher codes if we suspect any fraud.

SECTION 7 – PRICE AND PAYMENT

The price of the Products and delivery charges will be as quoted on our Website when your subscription is created, except for in cases of obvious error.

All subsequent orders will be the same cost unless a change is made to the subscription by the customer e.g. change of listing type.

In all Service Countries Product prices include VAT where applicable.

Product prices and delivery charges are liable to change at any time, but the changes will not affect orders in respect of which we have already sent you a Subscription Confirmation.

Payment for all Products and Services must be by credit or debit card. We accept payment with Visa and Mastercard through Stripe Payments.

Payment details are stored securely by a third party to allow recurring payment for future orders. Further details are set out in our privacy policy available on our Website. Watersports.Guru does not have access to view your full credit or debit card details.

If payment for your order is unsuccessful the Product may still be dispatched and the sale will be deemed to have occurred.

In such circumstances Watersports.Guru will re-attempt payment through the recurring payment method.

It is your responsibility to ensure sufficient funds are available to process the payment for the order or update payment details if required.

If our third-party payment provider has new card details (e.g. your previous card expired or was lost or stolen) these will be updated on our system automatically in order to process future payments on your subscription.

SECTION 8 – PAYMENT COLLECTION

If payment is not processed when re-attempted by Watersports.Guru we reserve the right to recover the debt through alternative means, either directly or through a third party debt collection agency.

Watersports.Guru may contact you via email, letter, call or text to retrieve the funds.

If the payment has not been settled or we do not gain any satisfactory guarantee for payment your contact details and order information may be referred to a third-party debt collection agency. You will be liable for any fees or charges incurred due to this referral.

We reserve the right to suspend or terminate your service when there is an outstanding balance on your Watersports.Guru account.

SECTION 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

This section refers to both consumer and business accounts. 

You must create an Account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are not authorized to create, access, or use a Consumer or Business Account if you do not agree to these Terms of Service. 

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We are not liable for any damage caused by your account or a breach of security. 

You agree to provide current, complete and accurate purchase and account information for all purchases of any kind (including subscription based and recurring payments) made at our Site. You agree to promptly update your account and other information, including your images, email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per business, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit any orders with no stated reason.

Your Consumer Account is for your personal, non-commercial use only, and you may not create or use a Consumer Account for anyone other than yourself. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Consumer Account to another person without Watersports.Guru’s prior approval. 

By opening an Account for a business you agree you have the authority to act on behalf of the business or businesses associated with or claimed through your Account and bind any such business (including any corresponding business entity) to the Terms of Service.

Your access to or use of the Site will only be in your capacity as an authorized representative of your Business.

You will not use the Consumer Site for business activities, including but not limited to flagging reviews or messaging people who have reviewed your Business;

Your Business complies with applicable laws and does not offer, advertise, sell, or lease illegal products and/or services;

You grant Watersports.Guru a non-transferable, non-exclusive, royalty-free limited license to display your public website on the Services, or allow for its display through iframes or other framing technology;

You agree that we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business, and that our communications (including phone calls) with you may be monitored and recorded for quality purposes;

You understand that we may display health score information for your Business, and may place a Consumer Alert regarding that health score, on the business page for your Business;

You understand and agree that we may share certain aggregate or otherwise deidentified information about your responses to Request a Quote leads with other Businesses, for example, the number of total Businesses responding to the lead and the speed of those responses.

You represent and warrant that you will not, and will not authorize or induce any other party, to:

      1. offer incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, or deals in exchange for the posting of reviews of your Business, or to prevent or remove reviews, and you understand and acknowledge that Watersports.Guru, through its Consumer Alerts, may publicly notify consumers about such incentives and other attempts to obtain, prevent, or remove reviews;
      2. solicit or ask for reviews from your customers;
      3. write reviews or vote on Content (e.g., voting user reviews as useful, funny, or cool) for your Business or your Business’s competitors;
      4. pay or induce anyone to post, refrain from posting, or remove reviews, or otherwise attempt to circumvent Watersports.Guru’s Recommendation Software (defined below) or fraud detection systems;
      5. attempt to generate automated, fraudulent, or otherwise invalid ad impressions, inquiries, conversions, ad clicks, or other actions;
      6. use any automated means or form of scraping or data extraction to access, query or otherwise collect Watersports.Guru data, content and/or reviews from the Consumer Site or the Business Site, except as expressly permitted by Watersports.Guru.
      7. use any Watersports.Guru trademark or service mark in any manner without Watersports.Guru’s prior written consent; or
      8. misrepresent your identity or affiliation to anyone in connection with Watersports.Guru.

You understand and acknowledge that Watersports.Guru allows consumers to post Content about your Business, including photos, ratings, and reviews. You understand and acknowledge that Watersports.Guru employs automated software in an effort to showcase the most reliable and useful reviews while displaying other reviews less prominently (“Recommendation Software”). You understand and acknowledge that while Watersports.Guru uses Recommendation Software to identify potentially less helpful reviews, the Recommendation Software may sometimes suppress legitimate reviews or fail to detect illegitimate reviews. You understand and acknowledge that any purchase of advertising or other paid features from Watersports.Guru will not influence the Recommendation Software or otherwise allow or enable You, directly or indirectly, to alter reviews or impact whether, where, or how reviews appear on Watersports.Guru.

SECTION 10 – OUR REFUNDS POLICY

If you are unhappy with your purchase for any reason, we offer a 30 day money back guarantee from the date of initial purchase. If you are within this time and would like to request a refund, please follow the instructions on our FAQ page or email [email protected] As soon as a refund is issued your subscription will be cancelled and listing deleted.

SECTION 11 – CONTENT

Responsibility for Your Content. You alone are responsible for Your Content, and once posted to Watersports.Guru, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Watersports.Guru.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.

Our Right to Use Your Content. We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Watersports.Guru and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

Ownership. As between you and Watersports.Guru you own Your Content. We own the Watersports.Guru Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Watersports.Guru Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the Watersports.Guru Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Watersports.Guru Content are retained by us.

Advertising. Watersports.Guru and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

Other. User Content (including any that may have been created by users employed or contracted by Watersports.Guru) does not necessarily reflect the opinion of Watersports.Guru. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. Except in accordance with Watersports.Guru’s Verified License program, Watersports.Guru does not attempt to verify any licenses a local business or its representatives may have, and consumers should inquire about any such licenses with the business directly.

SECTION 12 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 13 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 14 – PERSONAL INFORMATION

Your submission of personal information through the site is governed by our Privacy Policy

SECTION 15 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 16 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 17 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Watersports.Guru, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Watersports.Guru. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 19 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 21 – RESPONSIBILITY OF CONTRIBUTORS

If you operate a blog, listing, event, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Watersports.Guru or otherwise.

By submitting Content to Watersports.Guru for inclusion on your Website, or ours, you grant Watersports.Guru a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your, or our blog. If you delete Content, Watersports.Guru will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Watersports.Guru has the right (though not the obligation) to, in Watersports.Guru’s sole discretion (i) refuse or remove any content that, in Watersports.Guru’s reasonable opinion, violates any Watersports.Guru policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Watersports.Guru’s sole discretion. Watersports.Guru will have no obligation to provide a refund of any amounts previously paid.

SECTION 22 – RESPONSIBILITY OF WEBSITE VISITORS

Watersports.Guru has not reviewed, and cannot review, all of the material, including computer software, services, events, meetups, videos and images posted to the Website, and cannot therefore be responsible for that material’s content, use, safety or effects. By operating the Website, Watersports.Guru does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Watersports.Guru disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

SECTION 23 – CONTENT POSTED ON OTHER WEBSITES

We have not reviewed, and cannot review, all of the material, including physical or digital services and computer software, made available through the websites and webpages to which www.Watersports.Guru links, and that link to www.Watersports.Guru. Watersports.Guru does not have any control over those non Watersports.Guru websites and webpages, and is not responsible for their contents or their use. By linking to a non-Watersports.Guru website or webpage, Watersports.Guru does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Watersports.Guru disclaims any responsibility for any harm resulting from your use of non-Watersports.Guru websites and webpages.

SECTION 24 – COPYRIGHT INFRINGEMENT AND DMCA POLICY

As Watersports.Guru asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.Watersports.Guru violates your copyright, you are encouraged to notify Watersports.Guru in accordance with Watersports.Guru Digital Millennium Copyright Act (“DMCA”) Policy. Watersports.Guru will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Watersports.Guru will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Watersports.Guru or others. In the case of such termination, Watersports.Guru will have no obligation to provide a refund of any amounts previously paid to Watersports.Guru.

SECTION 25 – INTELLECTUAL PROPERTY

This Agreement does not transfer from Watersports.Guru to you any Watersports.Guru or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Watersports.Guru. Watersports.Guru, www.Watersports.Guru, the Watersports.Guru, Watersports.Guru Worldwide and all other trademarks, service marks, graphics and logos used in connection with Watersports.Guru, or the Website are trademarks or registered trademarks of Watersports.Guru or Watersports.Guru’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Watersports.Guru or third-party trademarks.

SECTION 26 – ADVERTISEMENTS

Watersports.Guru reserves the right to display advertisements on this site, your site and third- party sites unless you have purchased an ad-free account.

SECTION 27 – ATTRIBUTION

Watersports.Guru reserves the right to display attribution links such as ‘Blog at www.Watersports.Guru’ theme author, and font attribution in your blog footer or toolbar.

SECTION 28 – PARTNER PRODUCTS

By activating or purchasing a partner product (e.g. image or wetsuit) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.

SECTION 29 – DOMAIN NAMES

If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

SECTION 30 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 31 – GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of United Kingdom, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

SECTION 32 – CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time without notice. It is up to you to check you agree with our Terms before using our site and services, so we recommend you read our Terms periodically and prior to using the site.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

SECTION 33 – CONTACT US

If you have any questions about these Terms of Service, please contact us by emailing [email protected].

Registered Offices:
Watersports.Guru Worldwide LTD,
Kemp House,
160 City Road,
London,
United Kingdom,
EC1V 2NX

Company no: 12537283

© 2020 Watersports.Guru Worldwide LTD.