Updated and Effective From: August 1, 2020
4. Hardware and software updatesYou shall be responsible for obtaining and maintaining all computer hardware, software and other equipment needed for access to and use of the SDC Website functions and all related charges.
5. Registration obligationsIf You register with SDC, You agree to provide true, accurate, current and complete information about Yourself. SDC has the right to suspend or terminate access and refuse any and all current or future use of the SDC Website (or any portion or function thereof) if You provide any untrue, inaccurate, not current or incomplete information, or if SDC reasonably suspects that You have provided untrue, inaccurate, or incomplete information at any time to SDC.
6. Phone/tablet user of SDC website functionBy subscribing to the SDC Website mobile alerts or other functions involving push notifications (including SMS messages) to Your device where charges may apply (if available) (“Notifications”), You certify that You are over eighteen (18) years of age or have consent from a legal guardian, are the account holder and agree to, or have the account holder's permission to agree to receive ongoing Notifications from SDC. Service may not be available on all network carriers. Your network carrier's standard (and additional) message or data rates may apply. Further charges such as international roaming charges may also apply. Please check with your network carrier for more information. SDC will not be liable for any delays in the receipt of any Notifications as delivery is subject to effective transmission from Your network carrier. Notifications are provided on an “as is” basis. Data obtained from You in connection with the Notifications or application to receive the same may include Your cell/mobile phone number, network carrier's name, date, time and content of any submission to SDC or made available to SDC. Such information may be used by SDC to contact You, create general demographic statistics (for use by SDC) and to provide services or Notifications You request.
8. Unsolicited Submissions and FeedbackPlease be aware that SDC does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, scripts, or other potential creative content (“Unsolicited Submissions”). This is to avoid the possibility of future misunderstanding when projects developed by SDC staff or representatives might seem to others to be similar to their submitted concepts, creative ideas, suggestions, stories, scripts, or other potential creative content. Therefore, please do not send SDC any Unsolicited Submissions. In the event you do send SDC an Unsolicited Submission, you understand and agree that your Unsolicited Submission does not create any fiduciary relationship between you and SDC and that SDC is under no obligation to refrain from using the Unsolicited Submission (in whole or in part), to keep it confidential, or to compensate you for SDC’s use of it.
11. Full release and indemnification by youYou agree to release, defend, indemnify and hold harmless SDC and its Affiliates and each of their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the SDC Website by You or any third party authorized by You.
13. Trademarks and contentThe Surfing.com and World of Waves trademarks and any SDC or affiliate’s logo as used on the SDC Website and in media worldwide (including online) are trademarks of SDC. All rights are reserved to those trademarks and trade names in perpetuity. All other trademarks appearing on the SDC Website are the property of their respective owners. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL INCLUDING THE TRADEMARKS OR CONTENT ON THE WEBSITE, IN WHOLE OR IN PART, IS EXPRESSLY PROHIBITED. Any unauthorized use may subject the offender to civil liability and criminal prosecution under applicable federal and state law.
14. Third party contentSDC may from time to time act as a distributor of content supplied by third parties and users. Accordingly, SDC has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, You or any other user of the SDC Website, are those of the respective author(s) or distributor(s) and not of SDC. Neither SDC, nor its Affiliates guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose (refer to Section 8 above for the complete provisions governing limitation of liabilities and disclaimers of warranty). Neither SDC nor its Affiliates are responsible for the accuracy or reliability of any opinion, advice or statement made on the SDC Website by anyone other than authorized SDC employee spokespersons while acting in their official capacity. It is Your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available on the SDC Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content should you choose to rely on the same. The SDC Website may contain links to other third-party websites or resources. SDC has no control over content of such sites and resources, and You acknowledge and agree that SDC bears no responsibility for the availability of such external sites or resources, does not endorse, and bears no responsibility or liability for any content, advertising, products, or other materials on or available from such sites or resources, and also bears no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web site or resource.
16. Copyrights and copyright agentSDC respects the rights of all copyright holders and, in this regard, SDC has adopted and implemented a policy that provides for the termination of access and use by users who infringe the rights of copyright holders in appropriate circumstances. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide SDC's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512: (A) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (B) 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; (C) 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 SDC to locate the material; (D) Information reasonably sufficient to permit SDC to contact the complaining party; (E) A statement that the complaining party has 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 (F) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries under the Digital Millennium Copyright Act, for web posting, reprint, transcript or licensing or any other requests, please contact SDC at firstname.lastname@example.org
19. Governing Law; Disputes; Arbitration; Class Actions; Jury TrialThese Terms are governed by the laws of the State of California without giving effect to the principles of conflicts or choice of laws, except that the Federal Arbitration Act will apply as described below. By using the SDC Website in any way, you unconditionally consent and agree that:(A) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) You may have against SDC arising out of, relating to, or connected in any way with the SDC Website or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS, except that either party may bring any applicable claim in small claims court.(B) This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.(C) The arbitration shall be held in Los Angeles, California.(D) The arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable user may have entered into in connection with the SDC Website.(E) There shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or SDC’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY AGREEING TO THESE TERMS, YOU ARE WAIVING ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.(F) The arbitrator shall not have the power to award punitive damages against you or SDC.(G) If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, SDC will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.(H) With the exception of above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (f) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor SDC shall be entitled to arbitrate their dispute.
20. Amendments; AssignmentYou agree that SDC may update these Terms at any time, and it is your obligation to check for updates. Updates do not apply retroactively. You may not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part.