Updated and Effective From: August 1, 2020

Terms of Use

1. Acceptance of terms of use

"SURFING.COM" (including all sub-domains and points of entry to the same including via an “App” and any other domains or micro-sites owned or operated on the internet by SDC (as defined below)) (“the SDC Website”) is the interactive on-line service operated by Oceanic Media LLC d/b/a Surfing.com ("SDC") on the internet, consisting of information services and content provided by the SDC Website, SDC, their affiliates, associated entities, and other third parties. “You” and “Your” means each person who establishes a connection to the SDC Website for access to and use of the SDC Website content or functions. Any use of the SDC Website in connection with Your employment constitutes a representation and warranty that You have the authority to bind Your employer to the terms and conditions herein (“Terms of Use”).Please read these Terms of Use carefully as they contain important information about your legal rights and remedies. By accessing the SDC Website, you agree to comply with and be bound by these Terms of Use.Please note: Section 19 of these Terms of Use contains an arbitration clause and class action waiver which affects how disputes shall be resolved. If your country of residence is the United States, this provision applies to all disputes with SDC. If your country of residence is outside of the United States, this provision applies to any action you bring against SDC in the United States. By accepting these Terms of Use, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

2. Use of SDC website

(A) SDC encourages parents and guardians to spend time with their children online, and to be fully familiar with the sites visited by the children in their care, including the SDC Website. The SDC Website is not intended for use by people under the age of thirteen (13). If You are under the age of eighteen (18), You should not participate in contests or sweepstakes or other promotional opportunities on the SDC Website, nor should You post information to the SDC Website without a parent or guardian's consent. (B) These Terms of Use set forth the terms and conditions that apply to Your use of the SDC Website. By using the SDC Website (other than to read these Terms of Use for the first time), You agree to comply with all of the terms and conditions within these Terms of Use. The right to use the SDC Website is personal to You and is not transferable to any other person or entity. You are responsible for every aspect of Your use (under any screen name, profile or password) of a SDC Website and for ensuring that all of Your use complies fully with the provisions of these Terms of Use. You shall be responsible for protecting the confidentiality of Your password(s), if any. (C) SDC shall have the right at any time to change or discontinue any aspect or feature of the SDC Website, including, but not limited to, content, hours of availability, and equipment needed for access or use in their sole discretion, including those that effect a personal function provided to Your profile (if applicable). (D) These Terms of Use do not necessarily reflect the terms that govern other sites that may be linked to or from the SDC Website. We encourage you to independently review the terms and conditions of use of such third party sites.

3. Changed terms

SDC shall have the right at any time to change or modify these Terms of Use or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes or modifications shall be effective immediately upon publication, which may include, but is not limited to, posting on the SDC Website, or by electronic or conventional mail, or by any other means by which SDC may publicize notice thereof. Your use of the SDC Website after such notice shall be deemed to constitute Your acceptance of such changes or modifications and the new Terms of Use from that time of publication.

4. Hardware and software updates

You 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 obligations

If 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 function

By 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.

7. Conduct

(A) You shall use the SDC Website for lawful purposes only. You shall not post or transmit through the SDC Website: any material which violates or infringes any right of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or which, without SDC's express and written prior approval, contains advertising or any solicitation with respect to products or services. Any conduct that in SDC's discretion restricts or inhibits any other individual from using or enjoying the SDC Website or which breaches the Terms of Use will not be permitted and will be removed. You shall not use the SDC Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become users or subscribers of other online information services competitive with the SDC Website EXCEPT as part of the SDC “Friend in the Know” digital advertising solution.(B) You shall not use or permit or facilitate others to use automated electronic processes, robots, spiders, scrapers, web-crawlers, or other computer programs that monitor, copy or download data or other content found on the SDC Website or accessed through the SDC Website including without limitation real time video, audio, statistics, polling, or data content, whether current or archival. (C) You shall not interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way the SDC Website or servers or networks connected to the SDC Website, or disobey any requirements, procedures, policies or regulations of networks of SDC or connected to the SDC Website. (D) Any gaming features that SDC make available are provided exclusively for entertainment purposes. You are prohibited from gambling or wagering on the result of any gaming or polling features or from using the SDC Website to gamble or wager on the result of any tournament with money. If we believe that You have violated the prohibitions in this section, we may immediately terminate Your access to the SDC Website with or without notice to You. Notwithstanding any other provision of these Terms of Use or of law, You will not be entitled to any refund of any fees paid to us if Your access is terminated because of a violation or alleged violation of these Terms of Use. (E) You shall not create a frame, browser or border around any of the content of the SDC Website or link to the SDC Website without SDC's prior express written permission (except that You may use a plain text-only link to the home page of the SDC Website, which link does not in any way imply a sponsorship or affiliation with the SDC Website, SDC, a SDC Tour, sponsor, stakeholder, athlete, or any of its affiliates. (F) The SDC Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the SDC Website are copyrighted as a collective work under United States copyright laws. SDC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part on the SDC Website. You may download copyrighted material made publicly available for Your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of SDC and the copyright owner (if different). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that You do not acquire any ownership rights by downloading copyrighted material. (G) You shall not upload, post or otherwise make available on the SDC Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with You. You shall be solely liable (and hereby release SDC from any liability) for any damage resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the SDC Website, You automatically grant, or warrant that the owner of such material has expressly granted, SDC the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material and for any purpose. You also permit any other user to access, view, store or reproduce and share the material for that user's personal use or use on another website if the ability to do so is available on the SDC Website. The foregoing provisions of Section 7 are for the benefit of SDC its, parent companies, affiliates, licensees, assigns, third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

8. Unsolicited Submissions and Feedback

Please 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.

9. Disclaimer of warranties; limitation of liability

(A) YOU AGREE THAT USE OF THE SDC WEBSITE IS AT YOUR SOLE RISK. NEITHER SDC, ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSEES OR LICENSORS (“AFFILIATES”) WARRANT THAT THE SDC WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS/IMPRESSIONS THAT MAY BE OBTAINED FROM USE OF THE SDC WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SDC WEBSITE. THE SDC WEBSITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.(B) NEITHER SDC NOR ITS AFFILIATES WILL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SDC WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. IN NO EVENT WILL SDC OR THE AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SDC WEBSITE.(C) YOU AGREE THAT NEITHER SDC NOR ITS AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SDC WEBSITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM YOUR USE AND ACCESS OF THE SDC WEBSITE RESTS ENTIRELY WITH YOU.

10. Monitoring and moderation of content

SDC shall have the right, but not the obligation, to monitor the content of the SDC Website, including chat rooms and forums, to determine compliance with these Terms of Use and any operating rules established by SDC and to satisfy any law, regulation or authorized government request. SDC shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the SDC Website (or through any functions). Without limiting the foregoing, SDC shall have the right to remove any material that SDC, in its sole discretion, finds to be in violation of these Terms of Use or that it otherwise deems objectionable (in its sole discretion).

11. Full release and indemnification by you

You 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.

12. Termination

Either SDC or You may terminate Your access to and/or use of the SDC Website at any time. Without limiting the foregoing, SDC shall have the right to immediately terminate Your access and/or use of the SDC Website (or any access to a function within it) in the event of any conduct by You which SDC, in its sole discretion, considers to be unacceptable, or in the event of any breach by You of these Terms of Use.

13. Trademarks and content

The 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 content

SDC 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.

15. Privacy policy

Please refer to our Privacy Policy for information on how SDC collects, uses, and discloses Your personal information.

16. Copyrights and copyright agent

SDC 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 info@surfing.com

17. Invalidity of terms

If any provision of these Terms of Use or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents or these Terms of Use remain in full force and effect.

18. Have you witnessed a use violation?

If You witness any user activity on the SDC Website that violates the Terms of Use SDC intellectual property or any document or term referred to herein, please notify SDC of such activity by emailing info@surfing.com. SDC will consider Your email and may request further information relating to it and the claims made within it. SDC appreciates Your assistance in this regard.

19. Governing Law; Disputes; Arbitration; Class Actions; Jury Trial

These 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; Assignment

You 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.

21. Miscellaneous

These Terms of Use, the Privacy Policy and Cookie Policy and any document or terms and conditions referred to herein constitute the entire agreement of the parties with respect to Your use of the SDC Website, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal meaning. You agree You must file any claim or cause of action arising out of or related to the SDC Website or these Terms of Use within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary, acknowledging that any claim or cause of action filed after one (1) year would be forever barred and such rights hereby waived. All rights not expressly granted to You herein are hereby reserved to SDC. Sections 1, 3, 8, 10, 12, 17, 18, and this section 20 shall survive termination of this Agreement.