Terms of Use
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively,
including all Content available through the GetSomeSurf.com domain name, the "GetSomeSurf
Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND
CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF
GETSOMESURF'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.getsomesurf.com/privacy,
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of
these terms, then please do not use the Website.
2. Get Some Surf Website
These Terms of Service apply to all users of the
GetSomeSurf Website, including users who are also contributors of Photographic,
Music, Video content, information, and other materials or services on the
Website. The GetSomeSurf Website may contain links to third party websites that
are not owned or controlled by GetSomeSurf. GetSomeSurf has no control over, and
assumes no responsibility for, the content, privacy policies, or practices of
any third party websites. In addition, GetSomeSurf will not and cannot censor or
edit the content of any third-party site. By using the Website, you expressly
relieve GetSomeSurf from any and all liability arising from your use of any
third-party website. Accordingly, we encourage you to be aware when you leave
the GetSomeSurf Website and to read the terms and conditions and privacy policy
of each other website that you visit.
3. Website Access
A. GetSomeSurf hereby grants you permission to use the
Website as set forth in this Terms of Service, provided that: (i) your use of
the Website as permitted is solely for your personal, noncommercial use; (ii)
you will not copy or distribute any part of the Website in any medium without
GetSomeSurf's prior written authorization; (iii) you will not alter or modify
any part of the Website other than as may be reasonably necessary to use the
Website for its intended purpose; and (iv) you will otherwise comply with the
terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you
may have to create an account. You may never use another's account without
permission. When creating your account, you must provide accurate and complete
information. You are solely responsible for the activity that occurs on your
account, and you must keep your account password secure. You must notify
GetSomeSurf immediately of any breach of security or unauthorized use of your
account. Although GetSomeSurf will not be liable for your losses caused by any
unauthorized use of your account, you may be liable for the losses of
GetSomeSurf or others due to such unauthorized use.
C. You agree not to use or launch any automated system,
including without limitation, "robots," "spiders," "offline readers," etc., that
accesses the Website in a manner that sends more request messages to the
GetSomeSurf servers in a given period of time than a human can reasonably
produce in the same period by using a convention on-line web browser.
Notwithstanding the foregoing, GetSomeSurf grants the operators of public search
engines permission to use spiders to copy materials from the site for the sole
purpose of creating publicly available searchable indices of the materials.
GetSomeSurf reserves the right to revoke these exceptions either generally or in
specific cases. You agree not to collect or harvest any personally identifiable
information, including account names, from the Website, nor to use the
communication systems provided by the Website for any commercial solicitation
purposes. You agree not to solicit, for commercial purposes, any users of the
Website with respect to their User Submissions.
4. Intellectual Property Rights
The content on the GetSomeSurf Website, except all User
Submissions (as defined below), including without limitation, the text,
software, scripts, graphics, photos, sounds, music, videos, interactive features
and the like ("Content") and the trademarks, service marks and logos contained
therein ("Marks"), are owned by or licensed to GetSomeSurf, subject to copyright
and other intellectual property rights under United States and foreign laws and
international conventions. Content on the Website is provided to you AS IS for
your information and personal use only and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without the prior written consent of
the respective owners. GetSomeSurf reserves all rights not expressly granted in
and to the Website and the Content. You agree to not engage in the use, copying,
or distribution of any of the Content other than expressly permitted herein,
including any use, copying, ordistribution of User Submissions of third parties
obtained through the Website for any commercial purposes. If you download or
print a copy of the Content for personal use, you must retain all copyright and
other proprietary notices contained therein. You agree not to circumvent,
disable or otherwise interfere with security related features of the GetSomeSurf
Website or features that prevent or restrict use or copying of any Content or
enforce limitations on use of the GetSomeSurf Website or the Content therein.
5. User Submissions
A. The GetSomeSurf Website may now or in the future
permit the submission of photographs, music, videos or other communications
submitted by you and other users ("User Submissions") and the hosting, sharing,
and/or publishing of such User Submissions. You understand that whether or not
such User Submissions are published, GetSomeSurf does not guarantee any
confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User
Submissions and the consequences of posting or publishing them. In connection
with User Submissions, you affirm, represent, and/or warrant that: (i) you own
or have the necessary licenses, rights, consents, and permissions to use and
authorize GetSomeSurf to use all patent, trademark, trade secret, copyright or
other proprietary rights in and to any and all User Submissions to enable
inclusion and use of the User Submissions in the manner contemplated by the
Website and these Terms of Service; and (ii) you have the written consent,
release, and/or permission of each and every identifiable individual person in
the User Submission to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of the User
Submissions in the manner contemplated by the Website and these Terms of
Service. For clarity, you retain all of your ownership rights in your
User Submissions. However, by submitting the User Submissions to
GetSomeSurf, you hereby grant GetSomeSurf a worldwide, non-exclusive,
royalty-free, sublicenseable and transferable license to use, reproduce,
distribute, prepare derivative works of, display, and perform the User
Submissions in connection with the GetSomeSurf Website and GetSomeSurf's (and
its successor's) business, including without limitation for promoting and
redistributing part or all of the GetSomeSurf Website (and derivative works
thereof) in any media formats and through any media channels. You also hereby
grant each user of the GetSomeSurf Website a non-exclusive license to access
your User Submissions through the Website, and to use, reproduce, distribute,
prepare derivative works of, display and perform such User Submissions as
permitted through the functionality of the Website and under these Terms of
Service. The foregoing license granted by you terminates once you request
removal of and deletion in writing to the GetSomeSurf Website.
C. In connection with User Submissions, you
further agree that you will not: (i) submit material that is copyrighted,
protected by trade secret or otherwise subject to third party proprietary
rights, including privacy and publicity rights, unless you are the owner of such
rights or have permission from their rightful owner to post the material and to
grant GetSomeSurf all of the license rights granted herein; (ii) publish
falsehoods or misrepresentations that could damage GetSomeSurf or any third
party; (iii) submit material that is unlawful, obscene, defamatory, libelous,
threatening, pornographic, harassing, hateful, racially or ethnically offensive,
or encourages conduct that would be considered a criminal offense, give rise to
civil liability, violate any law, or is otherwise inappropriate; (iv) post
advertisements or solicitations of business: (v) impersonate another person.
GetSomeSurf does not endorse any User Submission or any opinion, recommendation,
or advice expressed therein, and GetSomeSurf expressly disclaims any and all
liability in connection with User Submissions. GetSomeSurf does not permit
copyright infringing activities and infringement of intellectual property rights
on its Website, and GetSomeSurf will remove all Content and User Submissions if
properly notified that such Content or User Submission infringes on another's
intellectual property rights. GetSomeSurf reserves the right to remove Content
and User Submissions without prior notice. GetSomeSurf will also terminate a
User's access to its Website, if they are determined to be a repeat infringer. A
repeat infringer is a User who has been notified of infringing activity more
than twice and/or has had a User Submission removed from the Website more than
twice. GetSomeSurf also reserves the right to decide whether Content or a User
Submission is appropriate and complies with these Terms of Service for
violations other than copyright infringement and violations of intellectual
property law, such as, but not limited to, pornography, obscene or defamatory
material, or excessive length. GetSomeSurf may remove such User Submissions
and/or terminate a User's access for uploading such material in violation of
these Terms of Service at any time, without prior notice and at its sole
discretion.
D. In particular, if you are a copyright owner or an
agent thereof and believe that any User Submission or other content infringes
upon your copyrights, you may submit a notification pursuant to the Digital
Millennium Copyright Act ("DMCA") by providing GetSomeSurf with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed;
(ii) Identification of the copyrighted work claimed to
have been infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such works at
that site;
(iii) Identification of the material that is claimed to
be infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled and information reasonably
sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the
service provider to contact you, such as an address, telephone number, and, if
available, an electronic mail;
(v) A statement that you have a good faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
(vi) A statement that the information in the
notification is accurate, and under penalty of perjury, that you are authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed.
Direct all GetSomeSurf notifications of claimed
infringement to: copyright@getsomesurf.com. For clarity, only DMCA notices
should go to the Copyright email address; any other feedback, comments, requests
for technical support, and other communications should be directed to
GetSomeSurf customer service through customerservice@getsomesurf.com. You
acknowledge that if you fail to comply with all of the requirements of this
Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the GetSomeSurf
Website, you will be exposed to User Submissions from a variety of sources, and
that GetSomeSurf is not responsible for the accuracy, usefulness, safety, or
intellectual property rights of or relating to such User Submissions. You
further understand and acknowledge that you may be exposed to User Submissions
that are inaccurate, offensive, indecent, or objectionable, and you agree to
waive, and hereby do waive, any legal or equitable rights or remedies you have
or may have against GetSomeSurf with respect thereto, and agree to indemnify and
hold GetSomeSurf, its Owners/Operators, affiliates, and/or licensors, harmless
to the fullest extent allowed by law regarding all matters related to your use
of the site.
F. GetSomeSurf permits you to link to materials on the
Website for personal, non-commercial purposes only. In addition, GetSomeSurf may
provide an "Embeddable Player" feature, which you may incorporate into your own
personal, non-commercial websites for use in accessing the materials on the
Website, provided that you include a prominent link back to the GetSomeSurf
website on the pages containing the Embeddable Player. GetSomeSurf reserves the
right to discontinue any aspect of the GetSomeSurf Website at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE GETSOMESURF WEBSITE
SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GETSOMESURF,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GETSOMESURF
MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND 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 AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GETSOMESURF WEBSITE.
GETSOMESURF DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
GETSOMESURF WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND GETSOMESURF WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS
OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL GETSOMESURF, ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE GETSOMESURF WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT GETSOMESURF SHALL NOT
BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT
OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
The Website is controlled and offered by GETSOMESURF
from its facilities in the United States of America. GetSomeSurf makes no
representations that the GetSomeSurf Website is appropriate or available for use
in other locations. Those who access or use the GetSomeSurf Website from other
jurisdictions do so at their own volition and are responsible for compliance
with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless
GetSomeSurf , its parent corporation, officers, directors, employees and agents,
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 GetSomeSurf Website; (ii) your
violation of any term of these Terms of Service; (iii) your violation of any
third party right, including without limitation any copyright, property, or
privacy right; or (iv) any claim that one of your User Submissions caused damage
to a third party. This defense and indemnification obligation will survive these
Terms of Service and your use of the GetSomeSurf Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of
age, or an emancipated minor, or possess legal parental or guardian consent, and
are fully able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms of
Service, and to abide by and comply with these Terms of Service. In any case,
you affirm that you are over the age of 13, as the GetSomeSurf Website may
contain content that is not intended for children under 13. If you are
under 13 years of age, then please do not use the GetSomeSurf Website to view
content that may not be appropriate for those under the age of 13.
10. Assignment
These Terms of Service, and any rights and licenses
granted hereunder, may not be transferred or assigned by you, but may be
assigned by GetSomeSurf without restriction.
11. General
You agree that: (i) the GetSomeSurf Website shall be
deemed solely based in the USA; and (ii) the GetSomeSurf Website shall be deemed
a passive website that does not give rise to personal jurisdiction over
GetSomeSurf, either specific or general, in jurisdictions other than the USA.
These Terms of Service shall be governed by aplicable internal substantive laws
of the USA, without respect to its conflict of laws principles. Any claim or
dispute between you and GetSomeSurf that arises in whole or in part from the
GetSomeSurf Website shall be decided exclusively by a court of competent
jurisdiction located in the USA. These Terms of Service, together with the
Privacy Notice at http://www.getsomesurf.com/privacy and any other legal notices
published by GetSomeSurf on the Website, shall constitute the entire agreement
between you and GetSomeSurf concerning the GetSomeSurf Website. If any provision
of these Terms of Service is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms of Service, which shall remain in full
force and effect. No waiver of any term of this these Terms of Service shall be
deemed a further or continuing waiver of such term or any other term, and
GetSomeSurf's failure to assert any right or provision under these Terms of
Service shall not constitute a waiver of such right or provision. GetSomeSurf
reserves the right to amend these Terms of Service at any time and without
notice, and it is your responsibility to review these Terms of Service for any
changes. Your use of the GetSomeSurf Website following any amendment of these
Terms of Service will signify your assent to and acceptance of its revised
terms. YOU AND GETSOMESURF AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE GETSOMESURF WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.