Terms of Service

Welcome to KitesurfOK! These Terms of Service ("Terms") govern your access to and use of the KitesurfOK website and services (collectively, the "Service"). Please read these Terms carefully before using the Service.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service. Please also refer to our Impressum for operator details.

1. Intellectual Property

The KitesurfOK Service and its original content (excluding Third-Party Content as defined below), features, functionality, and logo are and will remain the exclusive property of the Service operator ([Your Full Name]) and its licensors. The Service name "KitesurfOK" and related graphics are trademarks or trade dress of the operator.

Company logos, trademarks, job descriptions, and other content originating from third-party company websites ("Third-Party Content") displayed on KitesurfOK are the property of their respective owners. This Third-Party Content is scraped from publicly available sources and is displayed solely for identification and informational purposes to represent the company associated with a job listing.

The display of Third-Party Content does not imply any endorsement, affiliation, sponsorship, or partnership between KitesurfOK (or its operator) and the respective companies. We claim no ownership rights over Third-Party Content.

Our service relies on automated tools to gather publicly available job information from company websites to provide a comprehensive resource for the kitesurfing community. We respect company preferences regarding data use. If a company wishes to have their job listings and associated logo removed from KitesurfOK, they may contact us at [email protected]. We will process removal requests promptly.

2. Disclaimer of Job Information Accuracy

KitesurfOK aggregates job listings from publicly available Third-Party Content. While we strive to provide current information, we (the Service operator) do not verify, endorse, or guarantee the accuracy, completeness, timeliness, legality, or availability of any job descriptions, requirements, salary information, company details, or other information presented in the listings derived from Third-Party Content.

Job listings are subject to change or removal by the hiring company at any time without notice on KitesurfOK. Users are solely responsible for verifying the details and authenticity of any job listing directly with the hiring company before applying or relying on the information provided on our Service.

KitesurfOK is not an employer, recruitment agency, or agent for any employer or job seeker. We are not involved in the actual transaction or hiring process between job seekers and companies.

3. Third-Party Websites and Content

The Service contains links to third-party websites (e.g., direct links to job postings on company career pages, company homepages linked via logos) and displays Third-Party Content. These links and content are provided for your convenience only.

KitesurfOK (and its operator) has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, practices, or availability of any third-party websites or Third-Party Content. Your access and use of third-party websites and reliance on Third-Party Content are solely at your own risk.

4. User Conduct

You agree not to use the Service to post, upload, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

You are responsible for your own conduct and any content you provide while using the Service. We reserve the right to remove content and suspend or terminate accounts for violations of these Terms without notice or refund (if applicable).

5. Data Usage and Privacy

Your use of the Service is subject to our Privacy Policy, which details how we collect, use, and protect your information. By using the Service, you consent to the data practices described in the Privacy Policy.

6. User Accounts

If you create an account on KitesurfOK, you are required to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account. We reserve the right to suspend or terminate accounts with inaccurate, incomplete, or suspicious information.

7. Payment and Refunds

Certain features of the Service may require payment. All payments are processed securely via third-party processors. In the event of a declined payment method, we may attempt to process the transaction again or suspend access to paid features. Refunds, if any, are handled on a case-by-case basis at our sole discretion and are not guaranteed unless required by applicable law.

8. Limitation of Liability

To the fullest extent permitted by applicable German law, the operator of KitesurfOK ([Your Full Name]), including any affiliates or agents involved in providing the Service, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service;
• Any conduct or content of any third party on the Service, including Third-Party Content and links;
• Any content obtained from the Service, including reliance on potentially inaccurate or outdated job information;
• Unauthorized access, use, or alteration of your transmissions or content;

In no event shall the aggregate liability of the Service operator for all claims relating to the Service exceed the amount paid by you, if any, for accessing the Service during the twelve (12) months preceding the claim, or one hundred Euros (€100), whichever is greater.

Nothing in these Terms shall affect any statutory rights that cannot be excluded or limited under applicable law (e.g., liability for intent (Vorsatz), gross negligence (grobe Fahrlässigkeit), death or personal injury caused by negligence, or fraudulent misrepresentation under German law).

9. Indemnification

You agree to defend, indemnify, and hold harmless the operator of KitesurfOK ([Your Full Name]) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) content posted on the Service by you (if applicable).

10. Modifications to Service

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located at the place of residence of the operator ([Your Full Name]), unless otherwise mandated by law (e.g., specific consumer protection venues).

12. Severability

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. Any invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice prior to any new terms taking effect (e.g., by posting on the website). What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

14. Contact Us

If you have any questions about these Terms, or wish to request removal of content as described in Section 1, please contact us at: [email protected]. You can also find contact details in our Impressum.

By using KitesurfOK, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: October 26, 2023