THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.KANARAKITESURFING.COM (THE “SITE”) AND ALL SERVICES PROVIDED BY KANARA ON ITS PLATFORM.
By using the Platform in any manner, including but not limited to visiting or browsing the Platform, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions, criteria and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Platform, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Platform.
If you have any questions, please email email@example.com
In brief: These are our terms:
1. KANARA is a Venue
KANARA acts as a venue. KANARA is not directly involved in the transaction between buyers and sellers. And although KANARA makes a first filter of each initiative in order to achieve an homogeneity in the proposals, KANARA has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.
Consequently, KANARA does not transfer legal ownership of items from the seller to the buyer.
KANARA cannot guarantee the true identity, age, and nationality of a user. KANARA encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that KANARA is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on KANARA. You use the KANARA service at your own risk.
In brief: KANARA is a venue and doesn’t interfere in the transactions between buyers and sellers.
2. Membership Eligibility
Age. KANARA’ services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. KANARA may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use KANARA’ services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance. You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by KANARA’ policies as stated in the Agreement and the KANARA policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by KANARA, each of which may be updated by KANARA from time to time without notice to you
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by KANARA from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Keep your user data secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain confidentiality. You agree to immediately notify KANARA of any unauthorized use of your password or any breach of security. You also agree that KANARA cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than KANARA without KANARA’s express written permission.
You must keep your account information up-to-date and accurate at all times, including valid email address, phone number, billing address and payment information.
Criteria and Certifications
All your statements about the KANARA criteria on your items (handmade, fairtrade, recycled…) must be true. Certifications must be authentic, original and have the valid official seal obtained from the official certificators.
You may not transfer or sell your KANARA account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service
KANARA’s services are not available to temporarily or indefinitely suspended KANARA members. KANARA reserves the right, in KANARA’s sole discretion, to cancel unconfirmed or inactive accounts. KANARA reserves the right to refuse service to anyone, for any reason, at any time.
KANARA can only be used by individuals who are 18 years and older. You must keep your password secure. The account information, criteria and certifications must be accurate and valid. A KANARA account cannot be transferred to another party.
3. Fees and Services
Registering is free. It allows use of the free gaming app, the ability to earn KOINS, buy, sell or trade within our Marketplace, and to promote and support sustainable initiatives. KANARA doesn’t buy, nor sell nor ship any item from others. KANARA provides the internet venue (design, development and diffusion) for possible future transactions between users. Possible customs charges -not included in the price or transportation- will be responsibility of the buyer.
Advertising on KANARA
KANARA allows advertising kitesurfing and lifestyle products, services and experiences on the internet and in-app. Users that want to advertise must be freelancers or entrepreneurs that observe all regulations and taxations in force and must have all permissions to advertise the brands.
Fees are detailed in the Fees Policy
Such Policy, which is subject to change, shall survive to this Agreement. Changes to the Fees Policy and the fees for KANARA’s services are effective after KANARA provides you with at least fourteen (14) days’ notice by posting the changes on the Site. However, KANARA may choose to temporarily change the Fees Policy and the fees for KANARA’s services for promotional events; such changes are effective when KANARA posts the temporary promotional event on the Site. KANARA may, at KANARA’s sole discretion, change some or all of KANARA’s services at any time. In the event KANARA introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in euros (€).
You are responsible for paying all fees and applicable taxes associated with using KANARA.
If you have a question or wish to dispute a charge, you can contact KANARA.
Fees and Termination: If KANARA terminates a listing or your account, if you close your account, or if the payment of your KANARA fees cannot be completed for any reason, you remain obligated to pay KANARA for all unpaid fees plus any penalties, if applicable. Cancellation in the contractual relationship by the user will not mean refund of the fee.
In brief: Fees can be found in the Fees Policy.
Listings. By listing an item on the Site you warrant that you and all aspects of the item comply with KANARA’s published policies and criteria. You also warrant that you may legally sell the item. Your listings may only include text descriptions, graphics, pictures and other content relevant to that item. All items must be listed in an appropriate category with appropriate tags.
All items and services listed by the users must be environmentally friendly items (minimizing the impact), must promote human rights (free from discrimination, forms of slavery and/or child labor), and be listed by the brand itself. Users must act in good faith and follow these Policies.
Certifications. The certifications must be true, original and have the valid official seal obtained from the official certificators. The user must always act in good faith, and must not refer certifications to listed items that have not been certificated in the official way.
Brand Policies. Brands must outline reasonable policies, in good faith, and complying with KANARA’s site-wide policies and criteria, and with law. KANARA reserves the right to request brands to modify their policies.
Binding Sale. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Subscription to the KANARA’s newsletter. Users can decide whether to receive or not communications about news, promotions, etc. by subscribing or unsubscribing within the newsletter itself.
In brief: Items must accurately meet their listings. Certifications must be original and must be in effect for the item. Users must set their shop policies complying with KANARA’s site-wide policies, and with law. Sales are binding. Users must act in good faith. Users can opt in to receive the newsletter and unsubscribe at any time.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to KANARA and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on KANARA.
Restricted Activities. Your Content and your use of KANARA shall not:
1. Be false, inaccurate or misleading
2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
3. Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, KANARA Copyright and IP Policy)
4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5. Contain items that have been identified by the law as hazardous to consumers and therefore subject to a recall
6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including KANARA staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
7. Be obscene or contain child pornography
8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
9. Host images not part of a listing
10. Modify, adapt or hack KANARA or modify another website so as to falsely imply that it is associated with KANARA
11. Appear to create liability for KANARA or cause KANARA to lose (in whole or in part) the services of KANARA’s ISPs or other suppliers
In brief: You must act in good faith, according to the law and cause no harm.
Image of the brand
KANARA will prepare and upload an image of the brand according to the aesthetics of KANARA. The graphic will not have text or logos, and it will be chosen according to aesthetic and logical criteria at discretion of KANARA. Exceptionally, KANARA could receive information about the brand’s preferences.
Images in listings
The images of the listings will be uploaded by the brand itself. They must have plain and clean background, with natural light, without flash, and not out of focus. Images that do not have the minimum quality will not be admitted in the Site in order to maintain high standards of graphic quality for the benefit of all initiatives and their positive visibility. They could be excluded from the Selection of items for the same reason.
By posting Content on KANARA, it is possible for an outside website or a third party to re-post that Content. You agree to hold KANARA harmless for any dispute concerning this use. If you choose to display your own KANARA-hosted image on another website, the image must provide a link back to its listing page on KANARA.
KANARA considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and KANARA shall not be liable for the disclosure or use of such Material. If, at KANARA’s request, any member sends Material to improve the site (for example through the Forums or to customer support), KANARA will also consider that Material to be non-confidential and non-proprietary and KANARA will not be liable for use or disclosure of the Material. Any communication by you to KANARA is subject to this Agreement. You hereby grant and agree to grant KANARA, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
In brief: The intellectual property is of the content owner, although KANARA has a license of use. If you choose to display your image on KANARA on another website, you must link back to KANARA.
7. Information Control
KANARA does not control the Content provided by users that is made available on KANARA. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using KANARA, you agree to accept such risks and that KANARA (and KANARA’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on KANARA. Please use caution, common sense, and practice safe buying and selling when using KANARA.
KANARA is not responsible for the availability of outside websites or resources linked to or referenced on the Site. KANARA does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that KANARA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
In brief: KANARA has no control over the universe. Use common sense and caution.
Users may arrange and attend online virtual meetings or in-person meetings (“Meetings”) with one or more individuals. Users are solely responsible for interactions with others. Users must comply with KANARA’s policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group’s contact person. KANARA is not involved with user generated groups, the groups’ requirements, or the Meetings.
KANARA does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that KANARA does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Groups or User Fees
Some user-generated groups on KANARA may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. KANARA IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO KANARA; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY KANARA, AND KANARA HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT KANARA IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, KANARA USERS AND/OR THIRD PARTIES (together a “Third Party Transaction”), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
In brief: KANARA is alien to events or user groups fees unless stated otherwise. Use common sense.
9. Resolution of Disputes and Release
In the event a dispute arises between you and KANARA, please contact KANARA.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Valencia, Spain, using the Spanish language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the Spanish Courts or located in Valencia, Spain. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and KANARA agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release KANARA (and KANARA’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. KANARA encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
KANARA, for the benefit of users, may try to help users resolve disputes. KANARA does so in KANARA’s sole discretion, and KANARA has no obligation to resolve disputes between users or between users and outside parties. To the extent that KANARA attempts to resolve a dispute, KANARA will do so in good faith based solely on KANARA’s policies. KANARA will not make judgments regarding legal issues or claims.
In brief: Any dispute with KANARA will be resolved in the courts of Valencia, Spain. In case of conflict between users KANARA encourages to report them to the local law enforcement.
10. KANARA’s Intellectual Property
KANARA, and other KANARA graphics, logos, designs, page headers, button icons, scripts, and service names are property of KANARA and may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
In brief: KANARA and all its corporate identity belongs to KANARA and may not be used, partly or totally to cause confusion.
11. Access and Interference
KANARA may contain robot exclusion headers which contain internal rules for software usage. Much of the information on KANARA is updated on a real-time basis and is proprietary or is licensed to KANARA by KANARA’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access KANARA for any purpose whatsoever, or otherwise without KANARA’s prior express written permission. Additionally, you agree that you will not:
1. Take any action that imposes, or may impose, in KANARA’s sole discretion, an unreasonable or disproportionately large load on KANARA’s infrastructure.
2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses or otherwise without the prior express written permission of KANARA and the appropriate third party, as applicable.
3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
4. Bypass KANARA’s robot exclusion headers or other measures KANARA may use to prevent or restrict access to KANARA.
In brief: Please don’t interfere with the proper working on the Site.
Without limiting any other remedies, KANARA may, without notice, and without refunding any fees, delay or immediately remove Content, warn KANARA’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
In brief: KANARA reserves the right to provide service to certain that violate the Agreements.
In brief: KANARA protects your data and doesn’t disclose it to third parties.
14. No Warranty
KANARA, KANARA’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND KANARA’S SUPPLIERS PROVIDE KANARA’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. KANARA, KANARA’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND KANARA’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM KANARA SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
In brief: KANARA provides services as is.
15. Liability Limit
IN NO EVENT SHALL KANARA, AND (AS APPLICABLE) KANARA’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR KANARA’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, KANARA’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
KANARA’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF KANARA’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO KANARA IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In brief: KANARA shall not be liable for the users’ actions.
YOU AGREE TO INDEMNIFY AND HOLD KANARA AND (AS APPLICABLE) KANARA’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, 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 THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
In brief: KANARA shall not be liable if the users violate the Agreements.
17. No Guarantee
KANARA does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside KANARA’ control.
In brief: KANARA cannot guarantee uninterrupted service.
18. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any KANARA service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on KANARA’s net income).
In brief: Users shall be responsible for any taxes relative to the transactions and shall comply with the laws.
19. Severability and No agency
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and KANARA are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
In brief: KANARA and you are independent.
20. KANARA Service
In brief: KANARA may modify the Policies at any time.
21. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of Valencia, excluding its conflicts of laws rules, and Spain.
In brief: The Spanish laws shall are applicable.
22. Survival, Notices and Disclosures
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (KANARA’ Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability and No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement. The Fees Policy available in the Site shall survive Sections 3 (Fees and Services, Fees and Termination).
In event of differences between this English version, and the Spanish version available on the Site, the Spanish one shall survive.
The services hereunder are offered by KANARA Kitesurfing.
Except as explicitly stated otherwise, any notices shall be given by email to firstname.lastname@example.org (in the case of KANARA) or, in your case, to the email address you provide to KANARA (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, KANARA may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to KANARA. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in KANARA Copyright and IP Policy.
In brief: Contact KANARA at email@example.com
Updated: June 2, 2020
KANARA reserves the right to alter these policies at any time.
In compliance with the provisions of Law 34/2002, of July 11, of the Information Society Services and Electronic Commerce, the kanarakitesurfing.com website is owned by KANARA KITESURFING (hereinafter, KANARA), a start-up initiative supported by Demium Valencia. Email firstname.lastname@example.org for more information.
We want to provide the best shared community experiences where our members and partners can interact comfortably and consciously. To achieve this goal, we ask that all users and visitors to the KANARA community participate in such a way that promotes a friendly, positive experience for all.
In addition to our Terms of Service, we provide the following guidelines for our community. These guidelines fall under a common sense philosophy and apply to all user generated content and activity on our services. This is considered a living document that we regularly update based on the evolution of the KANARA community and service. Additional guidelines or specific exceptions may be applicable for certain services or properties under the KANARA Service.
To protect the integrity of our community, we at KANARA, as the provider of the service, reserve the right to suspend any account at any time for any conduct that we determine to be inappropriate or harmful. Such actions may include: removal of content, a strike on the account, and/or suspension of account(s).
Breaking the Law
You must respect all applicable local, national, and international laws while using our services. Any content or activity featuring, encouraging, offering, or soliciting illegal activity is prohibited.
All suspensions are binding until expiration or removal upon appeal. Any attempt to circumvent an account suspension or chat ban by using other accounts, identities, personalities, or presence on another user’s account will also result in suspension. Suspension evasion will not only increase the length of suspension, but may lead to an indefinite suspension.
Any activity that may endanger your life or lead to your physical harm is prohibited. This includes, but is not limited to: suicide threats, intentional physical trauma, illegal use of drugs, illegal or dangerous consumption of alcohol, and dangerous or distracted driving. We do not make exceptions for self destructive behavior performed as a stunt or gag made in jest, or meant to entertain, when the behavior could reasonably be expected to cause physical injury.
Violence and Threats
Acts and threats of violence will be taken seriously and are considered zero-tolerance violations and all accounts associated with such activities will be indefinitely suspended. This includes, but is not limited to:
Attempts or threats to physically harm or kill others
Attempts or threats to hack, DDOS, or SWAT others
Use of weapons to physically threaten, intimidate, harm, or kill others
Hateful Conduct and Harassment
Hateful conduct is any content or activity that promotes, encourages, or facilitates discrimination, denigration, objectification, harassment, or violence based on race, ethnicity, national origin, religion, sex, gender, gender identity, sexual orientation, age, disability or serious medical condition or veteran status, and is prohibited. Any hateful conduct is considered a zero-tolerance violation. We will take action on all accounts associated with such conduct with a range of enforcement actions, including and up to indefinite suspension.
Harassment is any content or activity that attempts to intimidate, degrade, abuse, or bully others, or creates a hostile environment for others, and is prohibited. Depending on the severity of the offense, your account may be indefinitely suspended on the first violation.
We prohibit using KANARA to facilitate hateful conduct or harassment, whether the targets are on or off KANARA. Individuals, communities or organizations that do so are not allowed to use our services. We may take action against users for hateful conduct or harassment that occurs off KANARA services that are directed at KANARA users.
Learn more about our hateful conduct and harassment policies and enforcement.
Unauthorized Sharing of Private Information
Do not invade the privacy of others. It is prohibited to share content that may reveal private personal information about individuals, or their private property, without permission. This includes but is not limited to:
Sharing personally identifiable information (such as real name, location, or ID)
Sharing restricted or protected social profiles or any information from those profiles
Sharing content that violates another’s reasonable expectation of privacy, for example streaming from a private space, without permission
Content or activity meant to impersonate an individual or organization is prohibited. Any attempts to misrepresent yourself as a member of KANARA representatives is a zero-tolerance violation and will result in indefinite suspension.
Spam, Scams, and Other Malicious Conduct
Any content or activity that disrupts, interrupts, harms, or otherwise violates the integrity of KANARA services or another user’s experience or devices is prohibited. Such activity includes:
Posting large amounts of repetitive, unwanted messages or user reports
Distributing unauthorized advertisements
Spreading malware or viruses
Tampering (such as artificially inflating personal session stats)
Selling or sharing user accounts
Reselling KANARA services or features
Defacing, or attempting to deface, website pages or other KANARA services (such as uploading inappropriate or malicious content)
Cheating a KANARA rewards system (such as the KOINS system)
Any activity, such as cheating, hacking, botting, or tampering, that gives the account owner an unfair advantage in the app is prohibited. This also includes submitting modified session data to increase KOIN earnings or utilising motorised boards to skew session results.
Nudity, Pornography, and Other Sexual Content
Nudity and sexually explicit content or activities, such as pornography, sexual acts or intercourse, and sexual services, are prohibited.
Content or activities that threaten or promote sexual violence or exploitation are strictly prohibited and may be reported to law enforcement. Child exploitation will be reported to authorities via the National Center for Missing & Exploited Children.
Sexually suggestive content or activities are also prohibited, although they may be allowed in educational contexts or for pre-approved licensed content, in each case subject to additional restrictions.
Learn more about our sexual content policies and enforcement.
Extreme Violence, Gore, and Other Obscene Conduct
Content that exclusively focuses on extreme or gratuitous gore and violence is prohibited.
Intellectual Property Rights
You should only share content on KANARA that you own, or that you are otherwise authorized to share on KANARA. If you share content on KANARA that you do not own or otherwise do not have the rights to share on KANARA, you may be infringing another person’s intellectual property rights. This includes any third party content included in your content, derivative creations, or performances of others’ copyrighted content. We encourage you to assess your content for adherence to applicable intellectual property laws and the proper application of principles such as fair use, and to secure all appropriate rights needed, before sharing your content on KANARA.
Any unauthorized content you share on KANARA may be subject to a takedown by the rights holder(s) to remove the infringing content from KANARA, and is a violation of our Terms of Service and Community Guidelines. Multiple violations of our policies may lead to a permanent suspension of your account.
Data and Content
You are expected to accurately label your session data, personal information and content to the best of your ability. When choosing a category or tag, please choose whichever best describes your content. Deliberate or extensive misuse of titles, tags, games/categories, or other metadata are prohibited.
Your data matters to us. Please read the following to understand your rights and how the data we collect is utilised.
(hereinafter referred to as “the WEBSITE”) are included in a file of “WEB USERS AND SUBSCRIBERS” as well as “CLIENTS AND / OR SUPPLIERS”:
Company Name: Kanara Kitesurfing
Represented by: Alejandro Latorre Otero
My registered office is at C / Roger de Llòria, 28. 46002. Valencia.
Activity: Community platform for social, marketplace, and fitness purposes.
All this duly registered with the Spanish Data Protection Agency and with respect to which KANARA KITESURFING guarantees that the organizational and technical security measures required by the GDPR have been applied.
With this, we declare our commitment to maintain and guarantee commercial relationships in a secure way by protecting personal data and guaranteeing the right to privacy of each of the users of our website.
A small approximation is important, therefore, you should know that it would be any information related to a person that you provide us when you visit our website, in our case name and email, and if you buy any product needing an invoice, we will request a full address, name, surname and other information, as required, with your authorisation.
Additionally, when you visit our website, certain information is automatically stored for technical reasons such as the IP address assigned by your Internet access provider.
As stated in the regulations, the USER is informed that, through the contact forms or subscriptions, data is collected, which is stored in a file, with the sole purpose of sending electronic communications, such as: bulletins (newsletters), new entries (posts), commercial offers, as well as other communications that KANARA KITESURFING considers interesting for its USERS. The fields marked as mandatory completion are essential to achieve the stated purpose.
Likewise, it may comply with the data, the requirements requested by the USERS.
Only the owner will have access to their data, and under no circumstances will this data be transferred, shared, transferred or sold to any third party without authorisation of the USER.
In no case will a different use be made than the purpose for which the data was collected, much less will KANARA KITESURFING transfer this data to a third party, without the authorisation of the USER
In the event you are over 13 years of age, you can register at https://www.kanarakitesurfing.com without the prior consent of your parents or guardians.
What happens in the event that you are under 14 years of age?
In this case, the consent of your parents or guardians will be a mandatory condition so that we can process your personal data.
Warning: If you are under 14 years of age and we have proof you have not obtained the consent of your parents or guardians, you cannot register on the Website and we will proceed to deny your request.
Thanks to consent, we can process your data as a mandatory requirement to be able to subscribe to the website.
As you well know, you can withdraw your consent at any time.
CATEGORY OF DATA
The data collected at no time is specially protected, but is categorized as identifying data.
TIME OF CONSERVATION OF DATA
KANARA KITESURFING will keep your data for the legally established time or until you request to delete it.
ACCURACY AND TRUTHFULNESS OF DATA
Obviously, you are solely responsible for the veracity and accuracy of the data you send to KANARA KITESURFING, exempting KANARA KITESURFING from any type of responsibility in this regard.
As a user, you must guarantee the accuracy and authenticity of the personal data provided, providing the complete and correct information on the different data collection forms.
COMPLIANCE WITH THE APPLICATION REGULATIONS.
KANARA KITESURFING to date complies with the guidelines of Organic Law 15/1999 of December 13 on the Protection of Personal Data, Royal Decree 1720/2007 of December 21, which approves the Regulations for the development of said Law Organic and other regulations in force and applicable at all times, ensuring the correct use and treatment of the user’s personal data.
As of May 2018, we will be governed by the regulations that will come into force, being the General Regulation on Data Protection (GDPR) of the European Union.
Likewise, KANARA KITESURFING informs that it complies with Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce and will request the USER’s consent to the processing of their email for commercial purposes in each moment.
In compliance with the provisions of the regulations, we inform you that the data provided, as well as those data derived from your browsing, may be stored in the files of KANARA KITESURFING and processed for the purpose of attending to your request and maintaining the relationship that is established in the forms that you subscribe.
Additionally, the USER consents to the processing of their data in order to inform them, by any means, including email, of products and services of KANARA KITESURFING.
In case of not authorizing the processing of your data for the purpose indicated above, the USER may exercise their right of opposition to the processing of their data under the terms and conditions provided below in the section “Exercise of Rights”.
KANARA KITESURFING informs you that it has implemented the necessary technical and organizational security measures to guarantee the security of your personal data and avoid its alteration, loss and unauthorized treatment and / or access, taking into account the state of technology, the nature of the stored data and the risks to which they are exposed, whether they come from human action or from the physical or natural environment. All in accordance with the provisions of the GDPR.
Likewise, KANARA KITESURFING has established additional measures in order to reinforce the confidentiality and integrity of the information in its organization. Continuously maintaining the supervision, control and evaluation of processes to ensure respect for data privacy.
EXERCISE OF RIGHTS
Those natural persons who have provided their data through www.kanarakitesurfing.com, may contact the owner of the same in order to be able to freely exercise their rights of access to their data, rectification or deletion, limitation and opposition regarding the data incorporated in your files.
The quickest and easiest method would be to access your user account directly and modify your data or delete your user account. Any information that we need to store, by virtue of a legal or contractual obligation, will be blocked and only used for said purposes instead of being erased.
The interested party may exercise their rights by means of a written communication addressed to KANARA KITESURFING with the reference “Data protection”, specifying their data, proving their identity and the reasons for their request at the following address:
C / Roger Llòria, 28, 46002.
You can also exercise your rights, through email: email@example.com
LINKS OR EXTERNAL LINKS
As a service to our visitors, our website may include hyperlinks to other sites that are not operated or controlled by the Website. Therefore, www.kanarakitesurfing.com does not guarantee, nor is it responsible for the legality, reliability, usefulness, veracity and timeliness of the content of such websites or their privacy practices. Please, before providing your personal information to these non- www.kanarakitesurfing.com websites, please note that their privacy practices may differ from ours.
The only purpose of the links is to provide the User with the possibility of accessing said links and learning about our work, although www.kanarakitesurfing.com does not offer or market the information, content and services available on the sites themselves or through third parties. Linked sites, nor does it approve, supervise or control in any way the content and services and any material of any nature existing in them. www.kanarakitesurfing.com is not responsible in any case for the results that may be derived to the User for access to said links.
RESPONSIBLE FOR THE FILE, AND RESPONSIBLE FOR TREATMENT.
The person responsible for the data file is ALEJANDRO LATORRE OTERO
As data processors outside the aforementioned controller:
KANARA KITESURFING has hired the hosting services of BANAHOSTING and GOOGLE.
DO YOU NOT WANT TO RECEIVE INFORMATION FROM US OR DO YOU WANT TO REVOKE YOUR CONSENT?
In accordance with the provisions of Law 34/20023, of June 11, Services of the Information Society and Electronic Commerce, you can oppose the use of their information for advertising purposes, market research or the development of satisfaction surveys in any moment, as well as revoke your consent at any time (without retroactive effect).
To do this, you must send an email to the address firstname.lastname@example.org . If you have received advertising by email, you can also object from said email, by clicking on the link included in it by following the instructions provided to you. Another simpler way would be to access your user account and select the corresponding options.
Please keep in mind that our systems may require a period of time that in no case will exceed 48 hours for your opposition or revocation to take effect, understanding that during said period of time you can continue to receive messages.
In relation to the management of your data associated with the social profiles of KANARA KITESURFING, the exercise of the right of access will depend on the functionality of the social network and the possibilities of access to information on user profiles. In relation to the rights of access and rectification, we recommend that it can only be satisfied in relation to that information that is under the control of KANARA KITESURFING.
You can also stop interacting, follow or receive information from the social profiles of KANARA KITESURFING, delete the content that ceases to interest you or restrict who you share your connections with, through the mechanisms stipulated in the different social networks.
The user will be able to access the privacy policies of each Social Network, as well as configure their profile to guarantee their privacy. KANARA KITESURFING encourages users to familiarize themselves with the conditions of use of the different social networks before starting to use them.
PERSONAL DATA CAPTURE SYSTEMS AND THEIR PURPOSE
1) Comments form: The website includes a form whose purpose is to comment on the articles and give their opinion respecting freedom of expression. The user may post comments on the posts that are published. The personal data entered in the form to insert these comments will be used exclusively to moderate and publish them, also collecting this data that will be stored on the server.
2) Contact form: There is a contact form whose purpose is to answer queries, suggestions or professional contact. In this case, the email address will be used to respond to them and send the information that the user requires through the web.
4) Users may unsubscribe at any time from the services provided by www.kanarakitesurfing.com from the same Newsletter through a cancellation form.
5) Tracking systems used on this site: Google (Analytics), at www.kanarakitesurfing.com we also study the preferences of its users, their demographic characteristics, their traffic patterns, and other information together to better understand who They make up your audience and what it needs. Tracking the preferences of our users also helps us show you the most relevant advertisements.
KANARA KITESURFING will not share, sell, rent your personal information with other parties. KANARA KITESURFING may share certain information with authorized third party service providers necessary to provide some services.
On our website we offer you links and services related to the different social networks (eg Facebook “Like”). If you are a member of a social network and click on the corresponding link, the provider of the social network may link your profile data with the information of your visit to said website.
Therefore, it is convenient to inform yourself about the functions and policies on the treatment of personal data of the respective social network, if you access one of our web pages with any of your profiles on social networks or share information through them.
You can access the privacy policies of the different social networks at all times, as well as configure your profile to guarantee your privacy. We encourage you to familiarize yourself with the conditions of use of these social networks before starting to use them:
Facebook: https://www.facebook.com/help/ 323540651073243 /
Instagram: http://www.google.es/intl/es/ policies / privacy /
Google: http://www.google.es/intl/es/ policies / privacy /
12. ACCEPTANCE, CONSENT AND REVOCABILITY
The User declares to have been informed of the conditions on protection of personal data, accepting and consenting to the treatment thereof by KANARA KITESURFING in the manner and for the purposes indicated in the legal notice.
As previously stated, at any time you may revoke your data, however this is not retroactive.
KANARA KITESURFING reserves the right to modify this policy to adapt it to new legislation or jurisprudence as well as industry practices. In such cases, the Provider will announce on this page the changes introduced- with reasonable notice before their implementation.
All content on this website, including, without limitation, text, graphics, images, design and intellectual property rights that may be applicable to such content, and all trademarks, trade names or other distinguishing marks are the property of KANARA Kitesurfing or its rightful owners, and all rights are reserved on them.
Any measures to reproduce the contents in whole or in part in any form or medium, whether mechanical, electronic, photocopying or otherwise, and any act of distribution, public communication or distribution without the express written permission of KANARA or their rightful owners, or contrary to the creative license that the owner set in each case, are forbidden. Read more information at the Creative Commons Licenses site.
KANARA is not liable for any damages arising from the use of the contents by the users or the infringement by them of any legal provision.
KANARA will respond to notices of this form from jurisdictions other than Spain. The address of KANARA’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
KANARA may act expeditiously to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If KANARA removes or disables access in response to such a notice, KANARA will make a good-faith attempt to contact the allegedly infringing party (“Member”) so that they may make a counter notification.
A. Procedure for Reporting Copyright or Intellectual Property Infringements
If you materially misrepresent that a product or activity is infringing your intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting KANARA.
If you believe that material residing on or accessible through the KANARA web site or service infringes a copyright or other intellectual property right, to provide KANARA of notice of such infringement, you must send a written notice of the infringement to the Designated Agent listed below. Please specify the type of infringement at issue and the notice must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (by regular mail – not by email, except by prior agreement);
Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);
Identification of the material that is claimed to be infringing upon the intellectual property.
Include information regarding the location of the infringing material with sufficient detail so that KANARA is capable of finding and verifying its existence (for listings, please provide item numbers);
Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting KANARA on the owner’s behalf, the address, telephone number and, if available, e-mail address;
A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
When removing material from the site, KANARA will make reasonable attempts to inform the Member of the removal, the reason for the removal, and may provide the Member with a copy of the notice and the notifying party’s contact information.
B. Removal of Allegedly Infringing Material
Once Proper Bona Fide Infringement Notification is received by the Designated Agent, KANARA Kitesurfing may remove or disable access to the material infringing upon the intellectual property. If KANARA removes or disables access to content in response to an infringement notice, KANARA will make reasonable attempts to notify the Member that KANARA has removed or disabled access to the material. Repeat offenders will have all material removed from the system and KANARA will terminate such Members’ access to the service.
C. Procedure to Supply a Copyright Counter-Notice to the Designated Agent
If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting KANARA.
If a Member believes that their material that was removed or to which access was disabled is not infringing upon a copyright, you must send a counter-notice. Please do not re-list or reactivate the material yourself. The counter-notice must contain the following information to the Designated Agent listed below.
Your physical or electronic signature (by regular mail – not by email, except by prior agreement);
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement, under penalty of perjury, that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
Your name, address, telephone number, and, if available, e-mail address and a statement that you consent to the jurisdiction of the Courts of Spain, and that you will accept service of process from the person who provided notification or an agent of such person.
If a counter-notice is received by the Designated Agent, KANARA may send a copy of the counter-notice to the original complaining party informing that person that KANARA may replace the removed material or cease disabling it in 10 business days. Unless the copyright or intellectual property owner files an action seeking a court order against KANARA or a Member, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at KANARA discretion.
Please contact KANARA’s’ Designated Agent to submit Notifications of Claimed Infringement and Copyright Counter-Notices at the following address: Designated Agent to Receive Notification of Claimed Infringement
Attn: KANARA KITESURFING
Updated: June 12, 2020
KANARA KITESURFING reserves the right to alter these policies at any time.
Ready to play? Here is how it works.
What You Need:
-A smartwatch or smartphone with fitness tracking and monitoring. Please ensure it is suitable for kitesurfing or utilises protection for kitesurfing conditions.
-Download the KANARA Kitesurfing app from the Google Play Store.
For Solo Sessions:
-When you finish a kitesurfing session, send us a visible link to the recorded session from your fitness tracker.
-Once we have reviewed, your profile will be updated with the value of points (KOINS) you have earned.
-You can use the KOINS you have earned for discounts and rewards in our Marketplace. The more KOINS you have, the better the deals!
A portion of all sales in our Marketplace is reserved for sustainable initiatives, such as For a Cleaner Ocean.
For Rider versus Rider Sessions:
-In the KANARA app, send a fellow kitesurfer a challenge invitation. You can determine the challenge date and type (speed/ distance).
-Both riders will put up the same number of points (KOINS) for the challenge. Winner takes all.
-At the end of the challenge, both riders will submit the recorded session link. Both riders can see the other’s performance, submit and confirm winner.
If you have any questions or concerns, let us know and we will be happy to help!
Q: What is the KANARA Kitesurfing mobile app?
KANARA is a platform focused on rewarding athletes for practicing kitesurfing, encouraging competition and multiplying fun.
Q: Who Can Use the KANARA Kitesurfing mobile app?
A: We built the KANARA app primarily for kitesurfers, however we encourage athletes from other disciplines such as windsurfing are welcome to try it out and provide us feedback. Please see our Warning Section below.*
Q: What devices and applications are compatible with KANARA?
A: Currently compatible with Garmin and Suunto devices and accounts.
We are currently developing the app for other devices and platforms, so contact us at email@example.com to register your interest and be notified!
Q: How Much Is the App?
A: The KANARA Kitesurfing mobile app is completely FREE to download and play!
Q: What Are KANARA Points?
A: KANARA Points are points earned through practice based on your performance metrics.
Points can be lost by losing player versus player challenges or disobeying the Game Rules.
Q: I don’t have a smartwatch, help!
A: We highly recommend using a durable, waterproof sports smartwatch or fitness tracker to use our application.
You can utilize your smartphone if you have synced your account to your phone, however do so at your own risk to prevent property loss or damage.
Q: I still have questions, can you help?
A: Sure! We have a close relationship with our users so that we can better understand needs, troubleshoots and improve the overall experience!
If you haven’t received an answer to your question, do not hesitate to contact us at firstname.lastname@example.org or visit www.kanarakitesurfing.com to keep up with the latest!
Please use the KANARA Kitesurfing mobile app responsibly and with care.
Whilst kitesurfing and all sports are enjoyed by all backgrounds, users are required to be responsible kitesurfers and athletes that are fully aware of the actual and potential risks of kitesurfing and participating in sporting events.
By using KANARA Kitesurfing, you declare that you will not utilise the application unless you are:
+18 years of age or a minor with the safe and supervised consent of a legal guardian.
Experienced, responsible and careful.
To the extent permitted by the law, you accept that KANARA Kitesurfing, its creators, agents or any partners will be liable for any loss, damage, action, claim, costs or expenses,personal injury or death which may arise in connection with your use of the KANARA Kitesurfing mobile application.
Please see also our legal and policies at www.kanarakitesurfing.com/policies
We’re just getting started!
And we want to meet you! Have a question about the app, marketplace or KANARA in general?
Send us a message and we will have a chat!