LEASE READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS SITE.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by Surfing America. Any use of any of the materials on this site other than for private, non-commercial viewing purposes is strictly prohibited. The sale, auction, lease, loan, gift, trade or barter, or use of any of the text, graphics, photographs, audio and/or video material, or stills from audiovisual material or any other materials contained herein, for any other purpose, in any form, media or technology now known or hereafter developed, including the use of any of the aforementioned materials on any other web site or networked computer environment, without a prior written consent from Surfing America, is expressly prohibited. The creation of derivative works based on the materials contained herein including, but not limited to, products, services, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise (whether sold, bartered or given away) is expressly prohibited. No material from this site or any web site owned, operated, licensed or controlled by Surfing America may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Surfing America’s copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other web site or networked computer environment is prohibited.
In the event you download software from the site, the software, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Surfing America. Surfing America does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Surfing America retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
Surfing America maintains federal and state trademark registrations, and has common law rights, in certain trademarks and service marks. Some of these marks may appear on Surfing America’s site(s). The use of any of these marks taken from Surfing America’s site(s) by you for any reason, including on any other web site or networked computer environment or for personal use, is strictly prohibited. All other trademarks, service marks and logos used on this Site are the property of their respective owners.
Surfing America is pleased to hear from its loyal fans and welcomes your comments regarding Surfing America products and services. Unfortunately, however, Surfing America’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Surfing America’s professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as stories or character ideas, screenplays or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.
If, at our request, you send certain specific submissions (e.g., postings to chatrooms, message boards or contests) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of Surfing America. None of the Submissions shall be subject to any obligation of confidence on the part of Surfing America, and Surfing America shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Surfing America shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. The sender waives all so-called “moral rights” in all Submissions. The sender further waives the right to make any claims against Surfing America relating to unsolicited submissions, including, but not limited to, unfair competition, copyright infringement, trademark infringement, breach of implied contract and/or breach of confidentiality.
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting programs, films and other products available in the United States and its territories, possessions and protectorates. This site is controlled and operated by Surfing America from its offices within the State of California, United States of America. Surfing America makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all Surfing America site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. You agree that Surfing America, in its sole discretion, may terminate any account (or any part thereof) you may have with us, or use of the web site, and remove and discard all or any part of your account or any Submissions, for any reason whatsoever in Surfing America’s sole discretion. Surfing America may also in its sole discretion and at any time discontinue providing the Surfing America site, or any part thereof, with or without notice. You agree that any termination of your access to the site or any account you may have or portion thereof, may be effected without prior notice, and you agree that Surfing America shall not be liable to you or any third-party for any such termination. Upon termination, you must destroy all materials obtained from this site and any and all other Surfing America site(s) and all copies thereof, whether made under the terms of these terms or otherwise.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SURFING AMERICA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SURFING AMERICA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SURFING AMERICA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SURFING AMERICA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
This site includes links to other Internet sites solely as a convenience to users. Surfing America does not endorse any such linked sites, or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Surfing America makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites, is solely at your own risk. Surfing America explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from Surfing America’s site(s) from third parties. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, Surfing America cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites.
Surfing America cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from Surfing America’s site(s), since other shop channels are owned and operated by independent retailers. Surfing America does not endorse any of the merchandise on these third-party sites. Surfing America does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you agree to irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You hereby irrevocably waive any claim against Surfing America with respect to any claim arising out of any linked third-party sites.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SURFING AMERICA BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF SURFING AMERICA OR A SURFING AMERICA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SURFING AMERICA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING SURFING AMERICA’S SITE(S).
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), you agree that notifications of claimed copyright infringement shall be sent to Surfing America’s Designated Agent. See Surfing America’s Notice and Procedure for Making Claims of Copyright Infringement.
These terms shall be governed by and construed, in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity, arising out of or relating to these terms, shall be filed only in the state or federal courts located in Orange County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The failure of Surfing America to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such, or any other, right or provision. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
SURFING AMERICA’S NOTICE AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
Notification must be submitted to the following Designated Agent:
555 N El Camino Real, Suite A126
San Clemente, CA 92672
To be effective, the notification must be a written
communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 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
- 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.