Please take the time to read these Terms & Conditions (“T&C”) before using Gliderbase. They clearly outline rights, responsibilities, the Privacy Policy and more details about the products and services.
\n“Gliderbase” is an interactive online platform for managing all of your paragliding activities. It is provided to you by Kai Rollmann (“him” or “he” or “his” or Kai), in connection with his partners, service providers, sponsors, or other affiliates.
\nIn order to be able to use the complete spectrum of Gliderbase, a one-time registration is required (see Section 4, below).
\nALWAYS consult your paragliding instructor or doctor about your athletic behavior. Kai is NOT responsible for your behavior. The contents of Gliderbase, regardless whether they are provided by Kai, his partners or users, are not meant to supplement, let alone replace, the information provided by paragliding instructors or doctors. By accepting these T&C, you confirm that you are solely responsible for your health and behavior.
\nKai offers Gliderbase on the basis of these T&C. The user consents to the validity of these T&C and any agreements incorporated therein by reference either by (i) using Gliderbase, in case they are available without registration, or (ii) registration, in case they require an account. These T&C shall be valid until cancelled in the currently valid version as of April 1st, 2020.
\nNeither the registration nor the use of the complete spectrum of Gliderbase shall be possible without consent to these T&C.
\nThese T&C shall apply to all points of access for Gliderbase. In particular, the Gliderbase online offering is accessible via gliderbase.com.
\nCurrently, Gliderbase essentially offers its users the following features and information:
\nOther content, such as
\nCertain content (\"Presented Content\") on Gliderbase can be viewed without registration (e.g. paraglider catalog, including images and technical details, links, materials, flights, blog articles, pilot information, and general descriptions of Gliderbase). All Presented Content is either under copyright by Kai or supplied in agreement with paragliding manufacturers. In particular, all images, and the technical paraglider wing data are under copyright.
\nA user of Gliderbase may view Presented Content for personal information. Partially or entirely collecting, extracting, scraping, crawling, cloning, redistributing the Presented Content, using it for commercial purposes, or any similar activity, is not permitted.
\nKai may in the future choose to adjust the license on any of the Presented Content.
\nThe use of the complete spectrum of Gliderbase requires a one-time, free registration via the registration form provided. The “Free Membership” makes all current options and features available to users. Kai reserves the right to offer a “Premium Membership” with additional options and features in the future, available against payment of a certain price.
\nOnly persons legally capable to enter into agreements on their own behalf shall be permitted to register with Gliderbase.
\nBy registering, the user confirms their knowledge and the unlimited recognition of the content of these T&C as well as that all registration data is true, accurate, current, and complete, and they will keep all registration information up to date.
\nFollowing successful registration, the user (then the “Registered User”) can log on to Gliderbase by entering their email address and the chosen password via the login form provided.
\nKai reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.
\nEach user shall have the right to terminate the use of Gliderbase at any time via their account settings or by email at info@gliderbase.com.
\nAdditionally, Kai reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user’s obligations as set forth in these T&C and ancillary agreements.
\nPlease see section 7.5 of our Privacy Policy for further information on the deletion of your account.
\nEach user of Gliderbase must
\nIn order to ensure the proper and reliable provision of Gliderbase, Kai imposes the following sanctions upon breach obligations by a user:
\nThe type of sanction shall depend on the purpose, impact, and type of the breach in light of Kai’s and the user’s interests.
\nIn the event a user account shall be cancelled in accordance with this Section 9, the respective user shall not be permitted to register again.
\nKai permits Registered Users to use Gliderbase in accordance with statutory law and these T&C, in order to upload, save, publish, distribute, transmit, and share content with other users.
\nKai shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to
\nThe user grants Kai the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, Kai shall have the right to use, irrespective of the type of usage, all content both as part of Gliderbase and any other activity of Kai or any company affiliated with Kai. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that Kai uses content created by a user outside Gliderbase, Kai shall note that such content was created by the user.
\nKai does not claim ownership of any content created by users and will not supervise such content.
\nKai reserves the right to delete content created by users, such as paraglider wings owned, uploaded images, texts, videos, technical paraglider wing data, or notes, without giving reasons. In this event, the user shall be notified and, in the event of a breach of these T&C, may be sanctioned in accordance with Section 13.
\nKai shall not be responsible for inaccurate content created by users, e.g., paraglider wing details, serial numbers, etc.
\nPlease see the separate Privacy Policy available on gliderbase.com/privacy-policy that is an integral part of this agreement.
\nKai does not claim or warrant that
\nThe user uses Gliderbase exclusively at their own risk. This applies, without limitation, to
\nThe use of any software or hardware offered by Kai is no substitute for the consultation by the user of a specialized paragliding instructor.
\nAdditionally, Kai does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. Kai does not make any representations or warranties with respect to products or services of third party providers.
\nKai shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if he has caused a certain damage willfully or with gross negligence. In the event of slight negligence, Kai shall not be liable to other businesses and shall be liable to consumers only for personal damages. Kai shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, or damages resulting from claims of third parties.
\nUnless required by statutory law, neither Kai nor any of his business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of Gliderbase. This also applies to damages resulting from errors, problems, viruses or loss of data.
\nKai assumes no liability for downloaded material or material obtained as a consequence of using Gliderbase. The Registered User is solely responsible for any damages caused by such materials to his computer or smart phone system or for information that is lost as a consequence of downloading materials from Gliderbase.
\nThe Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that Kai will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.
\nThe user shall indemnify Kai for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to Gliderbase by such user or as a result of any other usage by such user of Gliderbase. The user shall bear the costs of any legal proceedings, in which Kai may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.
\nIn the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to Kai all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that Kai may be entitled to bring against the user shall not be affected.
\nKai reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service reasons. At any time, the then-current version of these T&C is available for viewing on Gliderbase at gliderbase.com/terms-and-conditions.
\nIf Kai does not obtain your specific consent to the changes in Gliderbase, he will inform you of any changes at least four weeks prior to the effective date of the changes via email to the address provided during registration or in your account settings (“Amendment Information”). From receiving the Amendment Information, you will have an objection period of four weeks.
\nThe Amendment Information will entail (i) the updated T&C, (ii) the effective date of the changes, (iii) a four-week objection period, (iv) information on the consequences of omitting an objection.
\nIf you do not object to the changes, the updated T&C will be deemed accepted.
\nIn the event that you object to the changes, Kai is entitled to terminate the user contract and delete your user account, under consideration of your interests if continuing of the contractual relationship under the scope of the current terms and conditions is not possible or unreasonable for him.
\nSubject to Sections 15.1 to 15.2, any changes to these T&C must be made in writing. No ancillary oral arrangements exist.
\nIn the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect.
\nLast updated: April 1st, 2020
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