The Gritwind, Blackwolf and Happytiger Terms Of Use
Welcome to Blackwolf.happytiger.co/, a peer-to-peer water sports marketplace ("The Gritwind, Blackwolf and Happytiger," "we," or "us"). This Terms of Service Agreement ("Agreement") describes the terms and conditions that govern your use of and participation in The Gritwind, Blackwolf and Happytiger services. By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Agreement. If you do not agree to any of these terms or any future amendments, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").
Please read this agreement carefully to ensure that you understand each provision. You understand and agree that The Gritwind, Blackwolf and Happytiger is not a party to any agreements entered into between renters and owners, nor is The Gritwind, Blackwolf and Happytiger an agent or insurer. The Gritwind, Blackwolf and Happytiger has no control over the conduct of renters or other users of the service and disclaims all liability in this regard. This agreement contains a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
Eligibility
This Service is intended solely for people eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is strictly prohibited. The Gritwind, Blackwolf and Happytiger reserves the right to limit or restrict access by any person, in our sole discretion.
End User License
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable, license to use the Service for your personal, noncommercial use only. The Gritwind, Blackwolf and Happytiger may terminate this license at any time for any reason or no reason.
Indemnity
You agree to defend, indemnify and hold harmless The Gritwind, Blackwolf and Happytiger and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service or Products; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
No Warranty
If you choose to use the service and/or participate in a rental, you do so at your own risk. The service and any products are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from The Gritwind, Blackwolf and Happytiger or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, The Gritwind, Blackwolf and Happytiger, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service or any rental will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. You will be solely responsible for any damage or loss that results from your use of the service or products.
Limitation of Liability
Except as expressly provided in the insurance provision, to the maximum extent permitted by applicable law, in no event shall The Gritwind, Blackwolf and Happytiger, its affiliates, agents, directors, employees, supplier, or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use this service, including without limitation any rental.
To the maximum extent permitted by applicable law, The Gritwind, Blackwolf and Happytiger assumes no liability or responsibility for any (I) Errors, mistakes, or inaccuracies of content; (II) Personal injury or property damage of any nature whatsoever, resulting from your access to or use of our service or products; (III) Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (IV) Any interruption or cessation of transmission to or from the service; (V) Any bugs, viruses, or the like that may be transmitted to or through our service by any third party; (IV) Any errors or omissions in any content or for any loss or damage incurred as a result of the us of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (VII) User content or the defamatory, offensive, or illegal conduct of any third party. In no event shall The Gritwind, Blackwolf and Happytiger, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the greater of either (a) The amounts paid by The Gritwind, Blackwolf and Happytiger to you in the twelve (12) month period prior to the event giving rise to the liability; or (b) One hundred dollars ($100). The limitations of damages set forth above are fundamental elements of the basis of the bargain between The Gritwind, Blackwolf and Happytiger and you. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if The Gritwind, Blackwolf and Happytiger has been advised of the possibility of such damage. The forgoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Gritwind, Blackwolf and Happytiger without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Termination
We may terminate your participation in the Service at any time, for any reason or no reason, without explanation. We maintain sole discretion to bar your use of the Service in the future, for any reason that we determine or for no reason. This Agreement will remain in effect after your participation in the Service terminates.
Governing Law
You agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over The Gritwind, Blackwolf and Happytiger, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York. You agree to submit to the personal jurisdiction of a state court located in New York County, New York or the U.S. District Court for the Southern District of New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
Arbitration
In the unlikely event that The Gritwind, Blackwolf and Happytiger has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any The Gritwind, Blackwolf and Happytiger claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration in the county of New York. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorney's fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing The Gritwind, Blackwolf and Happytiger from seeking injunctive or other equitable relief from the courts as necessary to protect any of The Gritwind, Blackwolf and Happytiger’s proprietary interests. All claims must be brought in the party’s individual capacity, and not as a class member in any purported class or representative proceeding. You agree that, by entering into this agreement, you and The Gritwind, Blackwolf and Happytiger are each waiving the right to a trial by jury or to participate in a class action.
Entire Agreement/Severability
This Agreement, together with all amendments, all documents referenced in this Agreement, and any other legal notices and agreements published by The Gritwind, Blackwolf and Happytiger via the Service, shall constitute the entire agreement between you and The Gritwind, Blackwolf and Happytiger concerning the Service. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Registrar
Gritwind, Blackwolf and Happytiger service: Tiger Ltd
juodasvilkas (at) protonmail.com or info (at) happytiger.co or
The Privacy Policy
We take pride in
our community. You’ve also trusted us with a big responsibility, so
we’re committed to upholding a high standard when it comes to our privacy
practices. It’s important to us that you’re comfortable, so we provide options
for you to control how much information you share and your communication
preferences. We use secure technologies and follow best practices.
By visiting our website, you are accepting the terms of this Privacy Policy. Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy policies of these other websites.
If you have any questions about this policy please contact us through the site, or directly at juodasvilkas@protonmail.com.
The Legal Version From Our Lawyers:
Use of personal details (purpose of register)
Personal details are collected to make communication and use of service possible. Details can be used for communication between service providers and users and also for direct communication between users. Some personal details are visible on the profile page of the user, but those details are voluntary (except name).
The handling of personal details is not outsourced, but the register data is stored on a server that is rented from a third party company.
Information content of the register
The following information may be stored in the register:
· Personal details: Name, email address, phone number, street address
· Account details: username, password (stored in encrypted format)
· The description text that the user may write about him/herself
· The offers and requests the user has posted to the service
· The given and received feedback and badges
· Statistical data about service usage, e.g. number times the user has logged in
Regular sources of information
Personal details are given by the user on registration to the service or when using it later.
Aggregated Statistics
The marketplace may collect statistics about the behavior of visitors to its websites. The project may display this information publicly or provide it to others. However, The project does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
The project discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on our website behalf or to provide services available at our websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using the our websites, you consent to the transfer of such information to them. The project will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, The project discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when The project believes in good faith that disclosure is reasonably necessary to protect the property or rights of The project, third parties or the public at large. If you are a registered user of our website and have supplied your email address, The website may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with The project and our products. We expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. The project takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
Cookies
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. The website uses cookies to help The project identify and track visitors, their usage of our website, and their website access preferences. The website visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using The websites, with the drawback that certain features of our websites may not function properly without the aid of cookies.
Business Transfers
If The website, or substantially all of its assets, were acquired, or in the unlikely event that The project goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of The website may continue to use your personal information as set forth in this policy.
Ads
Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by The website and does not cover the use of cookies by any advertisers.
Privacy Policy Changes
Although most changes are likely to be minor, The website may change its Privacy Policy from time to time, and in The website’s sole discretion. The project encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.