Terms & Conditions

Last updated: July 19, 2018

Hello, and welcome to our Terms and Conditions of Use. This is important and affects your legal rights, so please read them and our Privacy Policy and other terms referenced in this document carefully. We hope you’re sitting comfortably and listening to some great music. Here we go…

Introduction
The following terms and conditions, (these “Terms”) are entered into by and between you and Seakayakers (“Seakayakers”, “we“, “us” or “our“).  These Terms govern your access to and use of our website, Seakayakers.com (the “Site”), your purchase membership with Seakayakers (“Membership”), along with any other services offered by us, whether through the Site or otherwise (collectively and together with the Site, the “Services”).

Please read these Terms carefully. By accessing, browsing or otherwise using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you (1) acknowledge that you have read and understood these Terms, (2) represent and warrant that you meet all of our eligibility requirements for using the Services as described in these Terms, and (3) accept and agree to be bound by these Terms, including any other terms applicable to the Services that are incorporated herein by reference. If you are using the Services on behalf of an entity, you are agreeing to these Terms for that entity and are representing to us that you have the authority to bind that entity to these Terms (in which case “you” will refer to that entity). If you do not accept these Terms or do not satisfy the eligibility requirements set forth below, you may not access or use the Services.

Privacy Policy
Your use of, and participation in, the Services offered by Seakayakers is subject to the terms set forth in our privacy policy (the “Privacy Policy”). Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect, use, and treat your information.

Changes to the Terms of Use
We reserve the right to update and revise these Terms at any time. We’ll make sure to also change the “Last Updated” date at the top of this page so you can tell if these Terms have changed since your last visit. Any such changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.

Access to services
By accessing the Services, you warrant that:
. You are legally capable of entering into binding contracts;
. All registration information you submit is truthful and accurate;
. You will maintain the accuracy of such information; and
. Your use of the Services does not violate any applicable law or regulation.

Purchase of membership
If you purchase a Membership from the Site, the terms of sale provided in this section apply to you, as well as any other specific rules, usage restrictions, or procedures that we may provide to you in relation to your purchase (including your Membership Terms and Conditions).

You agree to provide your payment information at the time you purchase or renew your membership on the Site.

Our payment page is powered by third party payment service providers, Stripe. The information provided to Stripe is governed by Stripe’s respective Privacy and Terms located at https://stripe.com/privacy. Seakayakers is not responsible for the performance of Stripe. In the course of your use of the Services, the third party payment service providers may receive and implement updated credit card information from your credit card issuer in order to prevent your membership from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to third party payment service providers at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer. Our obligation to provide the Services only comes into being when we take receipt of your order. You agree not to hold us responsible for banking charges incurred due to payments on your account.

Prices for EU residence are VAT included and for rest of world residence prices are exclusive VAT. Corporate or Sponsored memberships will receive an invoice.

Seakayakers offers two memberships: Personal or corporate (Company/Brand/Store). Both give access to all Seakayakers Sites and have a recurring yearly charge for ongoing access. Transfer of Membership to other persons is prohibited.

In order to use the Service, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the terms, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.

Membership rules
Seakayakers is a community of members. In order to become a member of Seakayakers, you must join through our Site. Seakayakers is a diverse community open to all. You agree:

  1. To be good, respectful and civil to other members, even if you disagree with them.
  2. That any unacceptable content (including but not limited to posts, user names, or subject lines) will be deleted.
  3. That we do not allow harassing, threatening, racist, abusive, hateful, violent, vulgar, or obscene language or behavior.
  4. That participation in, encouragement, or suggestion of any illegal behavior is cause for immediate deletion and suspension of posting privileges, and may be reported to the appropriate authorities.
  5. That no articles, news reports, or other copyrighted material may be posted without the permission of the relevant copyright owners.
  6. That flooding or spamming on the site is not permitted.
  7. That no commercial solicitation or advertising will be allowed.
  8. To not post personal or any other identifying information, such as your name, address, telephone number, etc. Also, do not post any personal information about a third party without that person’s explicit consent.
  9. To keep in mind that other users may claim expert status (legal, medical, etc.) that they do not, in fact, possess. We encourage you to use discretion in following their advice.
  10. That members are allowed to hide their account from the public.
  11. To contact anyone who has asked not to be contacted.
  12. Not to pursue or otherwise disturb another user.
  13. Not to collect personal information about others for commercial or unlawful purposes.
  14. Not to use automated methods, inclusive scripts, spiders, robots, crawlers, data mining tools or the like to download data from or upload data to the visited Site.
  15. Not to upload irrelevant content, repeat the uploading of the same or similar content or otherwise overburden our infrastructure with unreasonable or disproportionately large amounts of data.
  16. Not to attempt to gain unauthorized access to our system or network, or participate in any activity that seeks to disrupt, degrade or straining our Services.

Report abuse
Please contact Seakayakers to report abuse.

Cancellation or suspension of membership
The Seakayakers’s Membership, cancellation, and suspension policies are set forth in its Membership Terms and Conditions, which are made available to all applicants for Membership that have been accepted to Seakayakers. Except as provided in the Membership Terms and Conditions, all Memberships are non-refundable unless otherwise specified in writing by Seakayakers. You can cancel the recurring yearly charge at any time in your account. The cancelation will only be for the recurring yearly charge and you will still get membership access for the period you paid for. Seakayakers will keep any data as required by law.

Cancellations by Seakayakers
We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms or other related restrictions (including, but not limited to, your Membership Terms and Conditions). Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of content from the Services.

Changing fees
We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services.

Use of the Services; Restrictions on Use
We may from time to time in our sole discretion develop and provide updates to the Services, change the Services, restrict access to the Services (including to registered users) or withdraw or terminate the Services entirely, and we reserve the right to do so in our sole discretion without notice.  Any such updates or changes will be deemed part of the Services and subject to all terms and conditions of these Terms. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. In the event of modification or termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.

You may only use the Services as explicitly authorized and in compliance with any policies made available to you within the Services. You will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. Without limiting the foregoing, you may not do any of the following while accessing or using the Services:

use the Services or solicit members for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use, without our express written consent;
express or imply that any statements you make are endorsed by Seakayakers;
scrape the Services or use other automated or manual means to take our content without our express prior written consent;
modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Services not intended to be so read;
take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;
interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
run any form of auto-responder or “spam” on the Services;
access or use the Services for any illegal or unauthorized purpose, including to harass, abuse, defame or otherwise infringe or violate the rights of any other party;
or otherwise take any action in violation of these Terms.

User generated content

Users are responsible for all news, comments, reviews, ratings and pictures or other content they upload to the visited website. By providing content you agree to hold the provider harmless of any liability whatsoever that such content may cause. Due to the large amount of content that is published, it is impossible for us as a provider to monitor all activities. We cannot control and are not responsible for the content that users provide. Furthermore, you as the user may be exposed to content that you find objectionable, erroneous or otherwise reprehensible. You acknowledge that we, as a provider, have not pre-approved user content and that we have the right, without further justification, to remove any content that is published on the visited website if it conflicts with the spirit or the wording of the above conditions. By uploading content to the visited site you accept:

▪ That you have all necessary rights to the material you provide and the right to use it as described in these conditions.
▪ That all information you provide is true, accurate, current and complete and does not violate the conditions described herein.
▪ The publication of the content will not be detrimental to any person or group.

All information and all material you provide to the visited website shall be provided, and may be used by Seakayakers free of charge. As a provider, Seakayakers and our partners, without asking your permission, may refer to and/or mention your content in our media, across our titles and in other formats. Seakayakers and its companies have the right to use anything you transmit for any purpose. Seakayakers may also use any ideas, concepts, techniques and know-how contained in what you send to the Site for any purpose. This can mean, among other things developing, manufacturing and marketing products using such information. Furthermore, any communication or material you transmit to the Site by email or otherwise – this could include data, comments, questions, suggestions or the like – will not be treated as confidential or proprietary.

Internet
You also acknowledge and agree that your use of the Services requires Internet access and bandwidth and we do not own or control all aspects through which the Services are provided and cannot guarantee the performance of such facilities, equipment and communications lines. The Internet is not a secure network and third parties may be able to intercept, accept, use or corrupt the information you transmit or receive over the Internet. We are not responsible for invalid, erroneous or corrupted data.

Links to third party websites
We may provide links to third party websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. Although a third party website may contain Seakayakers’s logo or other intellectual property elements, please understand that it is independent from Seakayakers and that Seakayakers has no control over the content of that website. These links do not imply endorsement of, sponsorship of, or affiliation with Seakayakers. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites and services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

Social Media
Seakayakers will not tolerate certain social media conduct by users of the Site, whether indirectly or directly targeting or relating to Seakayakers, its members, officers, directors, employees, personnel, or agents, including for example: (a) defamatory, malicious, obscene, intimidating, discriminatory, harassing or threatening comments or hate propaganda; (b) calls to violence of any kind or other threats of any kind; or (c) conduct that violates any law or regulation. In the event that Seakayakers feels that you have breached these Terms, Seakayakers reserves all its rights to take further action, including but not limited to: (i) adding, removing, or modifying any content, including comments, (ii) blocking you or any other disruptive users; and (iii) discontinuing any of its social media channels at any time. In the event that you engage in (or direct or influence any person to engage in) any of this prohibited conduct on your social media channels regarding Seakayakers or any of Seakayakers’s officers, directors, employees, personnel, agents, policies, services or products or other members, Seakayakers may immediately terminate your Membership or use of this Site and reserves it full legal rights to pursue legal damages against you.

Intellectual property
Except as otherwise expressly granted to you in these Terms, we reserve and retain all right, title and interest in the Services, including without limitation, all technology and processes, enhancements or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. You acknowledge that the Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and you agree that, except with our prior written consent or as explicitly provided in these Terms, (1) using the Services does not give you any ownership of any intellectual property rights in our Services or (2) grant you the right to display, modify, reproduce, distribute, create derivative works of, download, store, transmit or otherwise use any of our intellectual property. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

In particular, audio or video content from Seakayakers not explicitly indicated as downloadable may not be downloaded or copied from the Services. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

You must not access or use for any commercial purposes any part of the Site and App or any services or materials available through the Site and App. You acknowledge and agree that you do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.
To inquire about obtaining authorization to use the materials or content other than as permitted in these Terms, please contact us.

Availability of the Services
Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault free. If a fault occurs in our Services, please report it to us and we will review your complaint and, where we determine it appropriate to do so, correct the fault. We will not be liable to you if the Services are unavailable from time to time.

Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. We will restore the Services as soon as we reasonably can.

Warranty disclaimers; Limitation of liability
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.
WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO.  THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEAKAYAKERS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY SEAKAYAKERS OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND SEAKAYAKERS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY OF THE SERVICES OR ANY CONTENT AVAILABLE THROUGH ANY OF THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SEAKAYAKERS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IN NO EVENT WHATSOEVER SHALL SEAKAYAKERS, ITS AFFILIATES, OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, WHETHER DIRECTLY OR INDIRECTLY ARISING, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S BREACH OF CONTRACT OR NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIALS IN CONNECTION WITH THE SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. SEAKAYAKERS NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, SEAKAYAKERS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES ,SEAKAYAKERS’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES PAID BY YOU TO SEAKAYAKERS IN THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY OF THE SERVICES OR FEATURE RELEVANT TO THE CLAIM, OR (2) USD$500.00.

THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.

Third party materials and content

You understand that the Services may display, include, or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites (“Third Party Materials”). In consideration for Seakayakers allowing you to use the Services, you agree that we, our affiliates, and third party partners may place advertising on the Services. You acknowledge and agree that Seakayakers is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. We expressly disclaim any responsibility for all aspects of the Third Party Materials and you further acknowledge and agree that Seakayakers 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 use of or reliance on any content, goods or services in connection with any Third Party Materials. Use of any third party trademarks or third party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. Nothing in these Terms grants you any license to third party trademarks or content, which shall remain the property of their respective owners.

Indemnification
You agree to defend, indemnify and hold harmless Seakayakers, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services or your use of any information obtained through use of the Services.

Governing law
No matter where you’re located, the laws of Denmark will govern these Terms and the relationship between you and Seakayakers as if you signed these Terms in Denmark. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the courts in Denmark for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.

Arbitration
At our sole discretion, we may require you to submit any disputes arising from the use of these Terms or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the law of Denmark.

Severability
If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

Entire agreement
These Terms constitute the entire agreement between you and Seakayakers and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved. Each party confirms that it has not relied upon, and shall have no remedy in respect of any agreement, warranty, statement, representation or undertaking unless set out expressly in these Terms.

Force majeure
We take our commitment to customers seriously, and we will do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials.

Assignment
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

Waiver
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Comments, concerns and complaints
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to Seakayakers.