These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”)
and
Surf Snapshot https://surfsnapshot.com
website as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Site”).New York ,
United States 318 Grand Avenue Apt 3 Brooklyn NY 11238 .
Supplemental terms and conditions or documents that may be posted
on the Site from time to time are hereby expressly incorporated
herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Terms of Use
The information provided on the Site is not intended for
distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law
or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly,
those persons who choose to access the Site from other locations
do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are
applicable.
The Site is not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA),
etc.), so if your interactions would be subjected to such laws,
you may not use this Site. You may not use the Site in a way that
would violate the Gramm-Leach-Bliley Act (GLBA).
Unless otherwise indicated, the Site is our proprietary property
and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks,
and logos contained therein (the “Marks”) are owned or controlled
by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and
unfair competition laws of the United States, international
copyright laws, and international conventions. The Content and the
Marks are provided on the Site “AS IS” for your information and
personal use only. Except as expressly provided in these Terms of
Use, no part of the Site and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a
limited license to access and use the Site and to download or
print a copy of any portion of the Content to which you have
properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to
the Site, the Content and the Marks.
By using the Site, you represent and warrant that: (1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as
necessary;
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future
use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to
keep your password confidential and will be responsible for
all use of your account and password. We reserve the right
to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any purpose other than
that for which we make the Site available. The Site may not be
used in connection with any commercial endeavors except those
that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
-
Use the Site as part of any effort to compete with
us or otherwise use the Site and/or the Content for
any revenue-generating endeavor or commercial
enterprise.
-
Use the Site to advertise or offer to sell goods
and services.
-
Sell or otherwise transfer your profile.
6. USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing
violates these Terms of Use and may result in, among other
things, termination or suspension of your rights to use
the Site.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site
This license will apply to any form, media, or technology
now known or hereafter developed, and includes our use of
your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks,
trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions,
and you warrant that moral rights have not otherwise been
asserted in your Contributions.
We do not assert any ownership over your Contributions.
You retain full ownership of all of your Contributions and
any intellectual property rights or other proprietary
rights associated with your Contributions. We are not
liable for any statements or representations in your
Contributions provided by you in any area on the Site. You
are solely responsible for your Contributions to the Site
and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action
against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to
edit, redact, or otherwise change any Contributions; (2) to
re-categorize any Contributions to place them in more
appropriate locations on the Site; and (3) to pre-screen or
delete any Contributions at any time and for any reason, without
notice. We have no obligation to monitor your Contributions.
8. SUBMISSIONS
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the
Site ("Submissions") provided by you to us are non-confidential
and shall become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be entitled
to the unrestricted use and dissemination of these Submissions for
any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all moral
rights to any such Submissions, and you hereby warrant that any
such Submissions are original with you or that you have the right
to submit such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or
misappropriation of any proprietary right in your
Submissions.
We reserve the right, but not the obligation, to: (1) monitor the
Site for violations of these Terms of Use; (2) take appropriate
legal action against anyone who, in our sole discretion, violates
the law or these Terms of Use, including without limitation,
reporting such user to law enforcement authorities; (3) in our
sole discretion and without limitation, refuse, restrict access
to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Site or otherwise disable
all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a
manner designed to protect our rights and property and to
facilitate the proper functioning of the Site.
10. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://surfsnapshot.com/privacy . By using the Site, you agree to be bound by our Privacy
Policy, which is incorporated into these Terms of Use.
Please be advised the Site is hosted in
United States United States United States United States
These Terms of Use shall remain in full force and effect while
you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SITE OR DELETE
YOUR ACCOUNT AND
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive
redress.
We reserve the right to change, modify, or remove the contents
of the Site at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or
discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the
Site.
We cannot guarantee the Site will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason without notice to
you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of
the Site. Nothing in these Terms of Use will be construed to
obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
These Terms of Use and your use of the Site are governed by and
construed in accordance with the laws of
the State of
New York the State of
New York
Informal Negotiations
To expedite resolution and control the cost of any
dispute, controversy, or claim related to these Terms of
Use (each "Dispute" and collectively, the “Disputes”)
brought by either you or us (individually, a “Party” and
collectively, the “Parties”), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least
thirty (30)
days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party
to the other Party.
If the Parties are unable to resolve a Dispute through
informal negotiations, the Dispute (except those
Disputes expressly excluded below) will be finally and
exclusively resolved through binding arbitration. YOU
UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE
THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The
arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration
Association ("AAA") and, where appropriate, the AAA’s
Supplementary Procedures for Consumer Related Disputes
("AAA Consumer Rules"), both of which are available at
the AAA website: www.adr.org. Your arbitration fees and your share of
arbitrator compensation shall be governed by
the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer
Rules.
United States ,New York
If for any reason, a Dispute proceeds in court rather
than arbitration, the Dispute shall be commenced or
prosecuted in theUnited States ,New York
The Parties agree that any arbitration shall be
limited to the Dispute between the Parties
individually. To the full extent permitted by
law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action
procedures; and (c) there is no right or
authority for any Dispute to be brought in a
purported representative capacity on behalf of
the general public or any other persons.
The Parties agree that the following Disputes
are not subject to the above provisions
concerning informal negotiations and binding
arbitration: (a) any Disputes seeking to enforce
or protect, or concerning the validity of, any
of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of
privacy, or unauthorized use; and (c) any claim
for injunctive relief. If this provision is
found to be illegal or unenforceable, then
neither Party will elect to arbitrate any
Dispute falling within that portion of this
provision found to be illegal or unenforceable
and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed
for jurisdiction above, and the Parties agree to
submit to the personal jurisdiction of that
court.
There may be information on the Site that contains
typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the
information on the Site at any time, without prior
notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR
IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY 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.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE
six (6)
mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any
third party due to or arising out of:
(1) your Contributions;
We will maintain certain data that you transmit to the Site
for the purpose of managing the performance of the Site, as
well as data relating to your use of the Site. Although we
perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to
any activity you have undertaken using the Site. You agree
that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of
such data.
Visiting the Site, sending us emails, and completing online
forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Site,
satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive
any rights or requirements under any statutes, regulations,
rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, you
can contact the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer
Affairs in writing at 1625 North Market Blvd., Suite N 112,
Sacramento, California 95834 or by telephone at (800) 952-5210
or (916) 445-1254.
These Terms of Use and any policies or operating rules posted
by us on the Site or in respect to the Site constitute the
entire agreement and understanding between you and us. Our
failure to exercise or enforce any right or provision of these
Terms of Use shall not operate as a waiver of such right or
provision. These Terms of Use operate to the fullest extent
permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible
or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any
provision or part of a provision of these Terms of Use is
determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from
these Terms of Use and does not affect the validity and
enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship
created between you and us as a result of these Terms of Use
or use of the Site. You agree that these Terms of Use will not
be construed against us by virtue of having drafted them. You
hereby waive any and all defenses you may have based on the
electronic form of these Terms of Use and the lack of signing
by the parties hereto to execute these Terms of Use.
In order to resolve a complaint regarding the Site or to
receive further information regarding use of the Site,
please contact us at:
Phone: __________