SURFSHOTS TERMS OF USE
Last updated: September 5, 2023
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING ANY SURFSHOTS WEBSITE OR MOBILE APPLICATION (OR ANY CONTENT, PRODUCT, SERVICE, OR FEATURE AVAILABLE THROUGH THE WEBSITE OR MOBILE APPLICATION, INCLUDING THE EMBEDDED VIEWER AND THE AI CONTENT GENERATOR) (COLLECTIVELY, THE "SITE"), YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC PRODUCT, SERVICE OR FEATURE (COLLECTIVELY, THE "SITE TERMS"). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE.
These Site Terms are not intended to alter the terms or conditions of any content licence agreement you may have with Surfshots, its subsidiaries or affiliates, and to the extent of any conflict, the terms of your content licence agreement will prevail. By using the Site, you represent and warrant that you are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Surfshots for violations of these Site Terms.
Privacy Policy
Surfshots is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.
Ownership of the Site and its Contents
The Site is owned by Surfshots. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software and the selection and arrangement thereof ("Surfshots Content"), is owned by Surfshots, its licensors or its third-party image partners. All elements of the Site, including the Surfshots Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property. We also appreciate any feedback or other suggestions that you may submit to us about our services, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them.
Use of the Site
The Site and the Surfshots Content are intended for customers of Surfshots. You may not use the Site or the Surfshots Content for any purpose not related to your business with Surfshots. You are specifically prohibited from: (a) downloading, copying or re-transmitting any or all of the Site or the Surfshots Content without, or in violation of, a written licence or agreement with Surfshots; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Surfshots Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing or attempting to register, subscribe or unsubscribe any party for any Surfshots product or service if you are not expressly authorized by such party to do so; (e) reverse engineering, altering or modifying any part of the Site or the Surfshots Content; (f) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (g) selling, licensing, leasing or in any way commercializing the Site or the Surfshots Content without specific written authorization from Surfshots; and (h) using the Site or the Surfshots Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from Canada or the country in which you reside.
Surfshots will not be responsible for paying you or any Third Parties fees in connection with billing or collecting any licensing fees from you. You are responsible for all applicable taxes and any applicable Third Party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees.)
Copyright Infringement Policy
In accordance with the Copyright Act (Canada) and other applicable laws, Surfshots has adopted a policy of terminating, in appropriate circumstances and at Surfshots' sole discretion, account holders who infringe the intellectual property rights of Surfshots or any third party.
Copyright Complaints
If you believe that any material on the Site infringes upon any copyright that you own or control, you may e-mail us at admin@surfshots.app.
Links
You may not use a Surfshots logo or other proprietary graphic of Surfshots to link to the Site without the express written permission of Surfshots. Further, you may not frame any Surfshots, logo or other proprietary information, including the Surfshots Content, without Surfshots' express written consent.
Surfshots makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Surfshots and Surfshots is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Surfshots provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Surfshots of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Surfshots shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Embedded Viewer
Where enabled, you may embed Surfshots Content on a website, blog or social media platform using the embedded viewer (the “Embedded Viewer”). Not all Surfshots Content will be available for embedded use, and availability may change without notice. Surfshots reserves the right in its sole discretion to remove Surfshots Content from the Embedded Viewer. Upon request, you agree to take prompt action to stop using the Embedded Viewer and/or Surfshots Content. You may only use embedded Surfshots Content for editorial purposes (meaning relating to events that are newsworthy or of public interest). Embedded Surfshots Content may not be used: (a) for any commercial purpose (for example, in advertising, promotions or merchandising) or to suggest endorsement or sponsorship; (b) in violation of any stated restriction; (c) in a defamatory, pornographic or otherwise unlawful manner; or (d) outside of the context of the Embedded Viewer.
Surfshots (or third parties acting on its behalf) may collect data related to use of the Embedded Viewer and embedded Surfshots Content, and reserves the right to place advertisements in the Embedded Viewer or otherwise monetize its use without any compensation to you.
Forums & Other Interactive Services or Areas
The Site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, the search feature, the AI Generator, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site ("Interactive Areas").
You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Any search term, generative AI prompt, message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, state, national or international law, including, without limitation, the regulations securities and exchange commissions or any rules of a securities exchange;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; or any private information whatsoever into the AI Generator;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgement of Surfshots, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters or flooding continuous posting of repetitive text), or which may expose Surfshots or its users to any harm or liability of any type.
Further, you agree not to delete or revise any User Content posted by any third party. Surfshots takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Surfshots liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Surfshots is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Surfshots has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Surfshots reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. You acknowledge and agree that Surfshots may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of Surfshots; or to protect the safety of our company, employees, customers or the public. If you post User Content to the Site, unless we indicate otherwise, you grant Surfshots and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Surfshots and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Surfshots immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account, including but not limited to, all applicable taxes and any applicable third-party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees); and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.
Disclosures
This Site, and any documents issued by Surfshots and available through this Site, may contain statements which constitute forward-looking statements. Those statements can be identified by the use of words such as "believe", "expect", "plan", "may", "will", "should", "anticipate" or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. Surfshots undertakes no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made. The information contained within press releases issued by Surfshots should not be deemed accurate or current except as of the date the release was posted. Surfshots has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbour for forward-looking statements, and is subject to material risk. Surfshots may provide links to third-party websites or services that contain financial or investment information about Surfshots. Access to such websites and the information contained therein is provided as service to those interested in the information. Surfshots neither regularly monitors nor has control over the content of third parties' statements or websites. Accordingly, Surfshots does not endorse or adopt these websites or any information contained therein, including, without limitation, analyst's reports and stock quotes. Surfshots makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party websites or other third-party information that is identified on the Site. Users visit these websites and use the information contained therein at their own risk.
Indemnification
You agree to defend, indemnify and hold harmless Surfshots, its subsidiaries, affiliates, licensers, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Surfshots Content, or your violation of any rights of another.
Disclaimer
THE SITE, INCLUDING WITHOUT LIMITATION THE EMBEDDED VIEWER, THE AI CONTENT GENERATOR, ANY EDITING TOOLS AND THE SURFSHOTS CONTENT, ARE PROVIDED "AS IS" AND SURFSHOTS AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS, LICENSORS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. SURFSHOTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE SURFSHOTS CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT SURFSHOTS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE SURFSHOTS CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE SURFSHOTS CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Surfshots uses reasonable efforts to ensure the accuracy, correctness and reliability of the Surfshots Content, but we make no representations or warranties as to the Surfshots Content's accuracy, correctness or reliability.
Surfshots offers a search feature within the Site. Surfshots explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Surfshots also disclaims any responsibility for the completeness or accuracy of any directory or search result.
In connection with the search feature and/or AI content generator within the Site, in order to use such functionalities of the Site, you hereby provide Surfshots and its partners a non-exclusive, non-revocable, sublicensable, worldwide, royalty-free licence to use any inputs (e.g., search terms, image generation prompts) you provide on the Site to use in order to provide such functionalities to you as well as for any other of Surfshots’ business purposes. To the extent any ownership rights result from the outputs generated by your use of the search feature and/or AI content generator, such outputs are owned by Surfshots and you agree that you assign all right, title and interest to such outputs to Surfshots to the extent necessary to effectuate the foregoing.
Some provinces, states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Limitation of Liability
IN NO EVENT SHALL SURFSHOTS, ITS DIRECTORS, MEMBERS, EMPLOYEES, LICENSORS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE SURFSHOTS CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SURFSHOTS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO SURFSHOTS' RECORDS, PROGRAMMES OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SURFSHOTS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SURFSHOTS FOR ACCESS TO OR USE OF THE SITE.
Content Withdrawal
Surfshots may discontinue licensing any item of content at any time in its sole discretion. Upon notice from Surfshots, or upon your knowledge, that any content may be subject to a claim of infringement of a third party’s right for which Surfshots may be liable, Surfshots may require you to immediately, and at your own expense: cease using the content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise. Surfshots will provide you with replacement content (determined by Surfshots in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.
Refunds
Refunds and refund credits are available if a purchase or series of purchases occurs due to a Site error during the purchase. Requests for refunds must be made within 5 business days in writing to admin@surfshots.app, if the licensed content has not been used. If you receive a refund, your rights to use the content terminate, and you must delete or destroy any copies of the content.
Dispute Resolution
Any dispute relating in any way to your use of the Site or the Surfshots Content shall be submitted to admin@surfshots.app. Surfshots retains the right to select, in its reasonable commercial judgment, the jurisdiction and method of dispute resolution.
Termination
Notwithstanding any of these Site Terms, Surfshots reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
Miscellaneous Provisions
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Surfshots. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Site Terms
Surfshots reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.