Terms & Conditions
These terms and conditions are initially prepared in English (US). In case of any discrepancy between the English text and any translated version of these terms and conditions, the Eng-lish text prevails.

Date of last revision: March 2012.

You must read and accept these terms and conditions before the use of all services delivered to you by KAYAKLOG ApS via the Website www.kayaklog.net.

1. SERVICE DELIVERED BY KAYAKLOG ApS
KAYAKLOG ApS is a limited company, incorporated under Danish law with the Danish Busi-ness Authority, company registration number 34 22 20 53, having its registered address at Bovrup Kirkevej 1, DK-6200 Aabenraa.

On the internet website www. kayaklog.net (hereinafter referred to as the “Website"), KAYAKLOG ApS offers services that help you to register your kayaking experience and to make kayaking more safe and fun.

All services are delivered to and accessed by you via the internet by use of an applicable device (pc, mobile phone etc.) of your own choice.

These terms and conditions and all services provided are delivered to you under and in ac-cordance with Danish law.

2. CHANGES TO SOFTWARE, WEBSITE AND SERVICES
KAYAKLOG ApS reserves the right to;

• change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that KAYAKLOG ApS shall not be liable to you for any such change or removal.

• change, remove, or discontinue any Software, service, or promotion (including but not limited to any previsions, parts thereof, licensing, pricing) as advertised on this website at any time without notice and you confirm that KAYAKLOG ApS shall not be liable for any such change or removal.

• at its discretion change this Agreement at any time. You may be asked to accept changes to these terms and conditions. If you do not accept such changes, you may be denied access to the Website in part or in whole.

3. INTELLECTUAL PROPERTY RIGHTS AND TRADEMARKS
All contents featured or displayed on the Website, including but not limited to logos, trade-marks, text, graphics, photographs, images, moving images, sound, illustrations and soft-ware are the property of KAYAKLOG ApS or KAYAKLOG ApS's business partners and are protected under the Danish Copyright Act (ophavsretsloven), European Law for Intellectual Property and by the international treaties and conventions signed by Denmark.

In the event you download software (including but not limited to mobile phone applications, screensavers, icons, videos and wallpapers) from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the soft-ware (hereinafter the" Software") are licensed to you by KAYAKLOG ApS. However, KAYAKLOG ApS does not transfers title to the software to you.

You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise re-duce the Software to a human-readable form, unless as explicitly permitted by the Danish Copyright Act.

Unauthorized reproduction, distribution or public display of the Website or any parts thereof or the Software is contrary to the Danish Copyright Act and may result in civil and criminal sanctions. Nor is it permitted to remove messages or material available concerning copyright or the like from the Website.

Downloading and other digital reproduction of the Website contents or any parts thereof or the Software are only permitted for personal, non-commercial use, unless otherwise agreed in writing with KAYAKLOG ApS. No reproduction of the Website contents by use of proxy servers is permitted.

"KAYAKLOG ApS" trademark and all trademarks appearing on the Website are property of the Provider and/or third parties, companies / respective owners and are protected by Dan-ish and European trademark laws, as well as by international treaties and conventions. Use of these trademarks, without the owners explicit consent is by all means prohibited.

4. EXCLUSION OF LIABILITY
The information, services and Software on the Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, correctness, completeness, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

KAYAKLOG ApS makes no warranty that the functionality of the Website will be uninter-rupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

KAYAKLOG ApS is not liable for any communications between KAYAKLOG ApS and you. The Website may include links to third party website's that are controlled and maintained by others. Any link to other websites is not an endorsement of such website's and you acknowl-edge and agree that we are not responsible for the content or availability of any such sites. This includes links to partner's Website that may use KAYAKLOG ApS's logos as part of a co-branding agreement.

KAYAKLOG ApS cannot in any event be held liable for damages for any use of the Website, services or Software, including but not limited to loss of income, business interruptions, loss of data, operational failures or similar losses.

Weather forecasts and other weather related information found on the KayakLog app and website should not be substituted for common sense. Before you engage in any activity, make sure to check with other people who frequent the area, check for adverse conditions, use caution, and never venture into conditions that exceed your ability level and equipment. Meteorological information provided here is primarily for guidance in recreational activities in associated areas. Data availability is not guaranteed.

KayakLogs servers are available via internet connection 24 hours a day, seven days a week. However, timely delivery of data and products from this server through the Internet is not guaranteed.

No warranty is given concerning the accuracy, timeliness, or completeness of the forecasts or wind data provided by KayakLog. The User assumes the entire risk related to forecasts and wind data provided by KayakLog. The forecasters, KayakLog, their employees, and their consultants provide this data “as is”, and disclaim any and all warranties, whether express or implied, including without limitation any implied warranties as to the fitness for a particular purpose. In no event will the forecasters, KayakLog and/or their employees or consultants be liable to any third party for any direct, indirect, incidental, consequential, special, or exemplary damages, injury, death, property loss, or lost profit resulting from any use or misuse of any type of forecast information and/or wind-related information of any kind provided by KayakLog, it’s instruments, or it’s employees or consultants. All types of activity on land or on water or in the air, can be dangerous. Upon receiving any suggestion by KayakLog to engage in any activity, the User holds KayakLog harmless against any claims of any kind of personal harm, or financial harm, or property damage related to any such activity and/or related to choosing to engage in actions based on recommendations or suggestions made by KayakLog. KayakLog disclaims any liability related to activities engaged in by Users.

5. USER SUBMISSIONS
You may submit information, text, photographs, graphics, videos, or other material (collec-tively, "User Submissions") to this site.

KAYAKLOG ApS does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and KAYAKLOG ApS expressly disclaims any and all liability in connection with User Submissions.

All User submissions by you on the Website will be considered non-confidential and non-exclusive and will not entitle you or other submitters to royalties. KAYAKLOG ApS can use such materials, information, etc., free of charge, including for granting license for exploitation thereof, though with respect of your privacy - see section 7.

6. MISUSE
You are prohibited from using the Website to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasion of privacy, ob-scene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law

You are also prohibited from using the Website to advertise or perform any commercial so-licitation.

You agree to indemnify and hold KAYAKLOG ApS and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in rela-tion to any claims or actions brought against KAYAKLOG ApS arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

7. PRIVACY AND PERSONAL DATA
KAYAKLOG ApS shall observe the Danish Act on Processing of Personal Data (lov om be-handling af personoplysninger) in its processing of personal data. The act adopts directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protec-tion of individuals with regard to the processing of personal data and on the free movement of such data. You may at any time contact KAYAKLOG ApS to get information on the data processed about you or to have the data deleted or corrected. Further, you may at any time object in relation to our processing of your data. Please contact info@kayaklog.net in these situations.
You allow KAYAKLOG ApS to anonymise your personal data and then copy, process, use, public display and distribute such anonymised data. Such anonymised data is, when ano-nymised, no longer considered "personal data".

You give your explicit consent that KAYAKLOG ApS may transfer and make public the content, including personal data, you automatically upload to the Website by using the KAYAKLOG ApS services, unless you restrict such data processing by changing your pri-vacy settings on the Website. Hence, your data will by default be published and made pub-licly available on the internet from any country in the world upon upload. Notwithstanding the above your e-mail, password to the Website and phone number will not be made public unless you decide to do so.

KAYAKLOG ApS's processing of your data is further described in our Privacy Policy, which is considered an integrated part of these terms and conditions. The Privacy Policy is stated below. By accepting these terms and conditions you also accept the Privacy Policy.

8. MARKETING
KAYAKLOG ApS shall process all personal data received in a confidential manner and may not in any event pass on any such information to a third party.

KAYAKLOG ApS may not use the data for marketing purposes, including circulation of pro-motion e-mails, unless accepted by the user.

9. SEVERABILITY
In the event that any provision of this Agreement is declared by any judicial or other compe-tent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

10. PAYMENT
The KAYAKLOG PRO version is a set of special services provided to the Users. By signing up to KAYAKLOG PRO, you agree to the Terms and Conditions. Furthermore your sign up and continuous subscription is contingent on you providing KAYAKLOG adequate and correct payment information and pay due subscription fees and any other incurred charges. In order for KAYAKLOG to ensure your immediate access to all the services of the PRO version, you agree and accept that by ordering KAYAKLOG PRO, you waive your right to a 14 days right of withdrawal.

Payment for KAYAKLOG ApS service will be made by a valid credit card or Paypal® account accepted by KAYAKLOG ApS. You hereby authorize us to charge your chosen payment option for your subscription fee until your terminate your account. Should your payment option fail, we will make reasonable efforts to resolve the issue, and notify you of the failure. However, if the issue is not resolved, we will disable your PRO subscription until payment is received. All amounts paid for the KAYAKLOG PRO service, including prepayments, are non-refundable. The renewal subscription fees will be the same as the initial fee unless you are otherwise notified in advance. KAYAKLOG reserves the right to increase subscription fees or to institute new fees at any time upon reasonable notice posted in advance on this Site.

Your subscription will continue until you terminate it and is subject to a prepaid subscription fee. The subscription is terminable at any time effective at the end of a subscription period.

By subscriping to a 6 months or 12 months subscription you will be notified by email prior to the next payment.

All fees are paid in advance in accordance with the subscription of your choice, and are drawn from the payment option you submit to KAYAKLOG upon sign up. Payments will continue to be made until you terminate your account.

11. DISCOUNTS IN THE KAYAKLOG APS STORE
Termination is done via your personal 'Settings' at the page ”Dashboard” by choosing ”Cancel subscription'”. You may terminate your subscription to KAYAKLOG PRO at any time effective at the end of a subscription period. Once you have made your cancellation, and received a confirmation, no further charges will be made. It is your responsibility to terminate your description in due time, should you no longer wish to subscribe. This applies irrespective of your use of the services. No refunds are made upon termination.

12. DISCOUNTS IN THE KAYAKLOG APS STORE
Paying subscribers to the KAYAKLOG ApS services may be eligible for exclusive discounts in the KAYAKLOG ApS Store. The level of discount may vary with the type of subscription. The applicable level of discount will at any given time be visible on the KAYAKLOG ApS Store. KAYAKLOG ApS may change the level of discount without notice; certain items may be subject to a lower or higher level of discount, and certain items may be exempt from the discount. The discount can not be combined with any other offers, campaigns or discounts.
PRIVACY POLICY
KAYAKLOG ApS respects the privacy of the visitors to ww.kayaklog.net and take great care to protect your personal data.

This privacy policy tells you what data we collect from you, how we may use it and the steps we take to ensure that it is protected.

1. GENERAL COLLECTION OF PERSONAL DATA
In order for KAYAKLOG ApS to provide you with a personal service we ask for your personal data, such as your name, address, date of birth, gender, email address, kayaking skills, memberships of kayaking clubs etc. All the above mentioned data will be available to you on our Website.

2. LOCATION BASED DATA
When you sign up and use the KAYAKLOG ApS app (hereinafter the "App") on your mobile phone, the default settings in the KAYAKLOG ApS app will allow online tracking of among other your location, route, weather conditions, water temperature, distance and pace (here-inafter the "Data"). Data is only registered while the App is tracking. When the App is turned off, Data is no longer registered but Data remains accessible to you on your profile at the Website. Your Data is retained as long as your KAYAKLOG ApS account is active.

3. E-MAIL AND SMS
KAYAKLOG ApS encourages you to be on our e-mailing and SMS list in order to receive e-mails/SMS with information, news and updates on our services. We only send such e-mails/SMS to you provided that you have actively accepted this. If you provide us with personal data about a third party, for instance if you invite your friends to join you in using KAYAKLOG ApS, we will only use such third-party data for the specific purpose (delivering the invitation). KAYAKLOG ApS will not contact the third party further unless the third party contacts us.

4. AUTOMATICALLY COLLECTED DATA
When you visit the Website, we automatically collect data about your visit. This includes: ▪ Your IP address
▪ Pages you view and the order hereof
▪ Duration of your visit
▪ Website or search engine you came from
▪ Keyword(s) you entered in the search engine
▪ Your operating system as well as your browser type and version
▪ Your screen resolution and the number of colours used by your PC
▪ Whether your PC supports JavaScript and Flash
This information can be combined with information you have provided to us (for instance by registering), and will enable us to analyze and customize our services to you.

5. USE OF VISITOR'S INFORMATION
All personal data will be recorded, used and protected in accordance with our Terms and Conditions and this Privacy Policy.

6. DATA PROCESSING
All information and personal data are managed and controlled by
KAYAKLOG ApS ApS, Bovrup Kirkevej 1, 6200 Aabenraa, Denmark.
E-mail: info@kayaklog.net.


If you have any questions about your personal data and our processing of it, please do not hesitate to contact us.

All data are stored and processed by KAYAKLOG ApS on servers located within the Euro-pean Union.

If you are located outside the European Union, please note that the information you provide will be transferred to the European Union.

KAYAKLOG ApS may choose to enter into an agreement with a hosting provider within the European Union about storage and processing of data, including your personal data. Such agreement will be subject to applicable data protection legislation and this Privacy Policy.

Personal data processed and stored by KAYAKLOG ApS will not be transferred to third par-ties except for such hosting agreement between KAYAKLOG ApS and a third party. Thus we keep your personal information confidential except to the extent that we are compelled to disclose it by law (for example where fraud or other crime is involved) or to comply with an instruction from a regulatory body of competent jurisdiction

Personal data is retained as long as your KAYAKLOG ApS account is active. For information about how to close your KAYAKLOG ApS account, please see section 11.

To get information on the data processed about you, to have data deleted or corrected, or to object to our processing of your data, please contact info@kayaklog.net.

7. DATA PROTECTION SECURITY
In order to protect your personal data and all other information we have stored, we have implemented various security measures.

Your personal data is stored in a secure environment and treated confidentially.

The personal data is only accessible by a limited number of people, who have special ac-cess rights and are required to keep the information confidential.

Please keep in mind though that whenever you pass on personal information online there is a risk that third parties may intercept and use that information.

While KAYAKLOG ApS strives to protect its user's personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk.

8. CHILDREN
KAYAKLOG ApS encourages parents and guardians to participate in and/or advise their children about their online activities. KAYAKLOG ApS encourages children to get their parents and/or guardian's permission be-fore disclosing any information to online media in general.

9. LINKS TO THIRD PARTIES
For your convenience and to improve the usage of the Website we insert links to third-party Websites, for which this privacy policy does not apply.

These links take you outside our service and off the Website and are beyond our control. This includes links to third-party Websites that may use KAYAKLOG ApS's logos as part of a co-branding agreement.

Your visit/access to third-party Websites is entirely at your own risk. Please note that these third-party Websites may have their own privacy policy.

When we do link to a third-party Website, this does not automatically imply that KAYAKLOG ApS endorses that Website, its contents or products.

10. USE OF COOKIES
A cookie is a small string of information that is transferred to and stored on your computer for identification purposes.

Cookies can be used to follow your activity on the Website and that information helps us to understand your preferences and improve your experience.

The Website uses session cookies to keep you logged in within same browser session. Ses-sion cookies will expire after 120 minutes.

Persistent cookies are used by the Website to automatically keep you logged in, if you have accepted the "keep-me-logged-in" functionality. Furthermore persistent cookies are used to remember your preferences for display of the map functionality. Persistent cookies will ex-pire after 31 days from your last visit at the Website.

You can turn off all cookies, in case you prefer not to receive them. You can also have your computer to warn you whenever cookies are being used. For both options you have to adjust your browser settings. You can read more about cookies at: http://www.google.com/support/accounts/bin/answer.py?&answer=61416 KAYAKLOG ApS uses cookies to enhance your use of the Website. Besides KAYAKLOG ApS cookies, the Website sets cookies from Google Analytics and Facebook. Both are per-sistent cookies. You can learn about expiration on cookies from Google Analytics and Face-book at http://code.google.com/intl/da/apis/analytics/docs/concepts/gaConceptsCookies.html#HowGAUsesCookies and http://developers.facebook.com/docs/reference/fql/cookies/

11. OPT-OUT, DELETE, MODIFY PERSONAL INFORMATION OR CLOSE ACCOUNT
You may cancel your registration with KAYAKLOG ApS at any time, and you can choose to opt-out of receiving any e-mails and/or SMS messages from KAYAKLOG ApS.

Additionally you can choose to have all your personal data deleted from our database. If you want to opt-out, delete or modify your personal data, please visit www. Kayaklog.net, log in and change your profile settings under "Settings". Should you wish to delete your ac-count and all data, please send an e-mail to closemyprofile@kayaklog.net with the title "Close my KAYAKLOG ApS profile" from the email address you signed up with (if you signed up through Facebook or are not sure of which email you use, you can go to "Settings" on www.kayaklog.net and see your email). KAYAKLOG ApS encourages you promptly to update your personal data, if it changes.

12. CHANGES
We may from time to time need to change this Privacy Policy. You will be asked to accept changes to this Privacy Policy. If you do not accept such changes, you may be denied access to the Website in part or in whole.