1.   Introduction

Thanks for choosing SURFINFOCUS.COM (“SURFINFOCUS.COM”, “we”, “us”, “our”). By signing up or otherwise using the SURFINFOCUS.COM service, websites, and software applications (together, the “SURFINFOCUS.COM Service”or “Service”), or accessing any content or material that is made available by SURFINFOCUS.COM through the Service (the “Content”) you are entering into a binding contract with the SURFINFOCUS.COM entity indicated at the bottom of this document.

The SURFINFOCUS.COM Service include Social and interactive features as well as buying and selling opportunities and requires acceptance of all Terms, including PAYMENT TERMS

Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our PRIVACY POLICY. (The Terms, Privacy Policy, PAYMENT TERMS and any additional terms that you agree to, are referred to together as the “Agreements”.) If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on SURFINFOCUS.COM’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the SURFINFOCUS.COM Service or consume any Content.

Please read the Agreements carefully. They cover important information about SURFINFOCUS.COM Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about FUTURE CHANGES TO THE AGREEMENTS, AUTOMATIC RENEWALS, LIMITATION OF LIABILITY, PRIVACY INFORMATION, COPYRIGHTS, CLASS ACTION WAIVER

Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.

In order to use the SURFINFOCUS.COM Service and access the Content, you need to (1) be 18 or older if you want to buy services and or photos, or be 13 or older and have your parent or guardian’s consent to the Agreements (except as set forth in the chart below), (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also guarantee that any registration information that you submit to SURFINFOCUS.COM is true, accurate, and complete, and you agree to keep it that way at all times.

If you are a resident of one of the following countries, reference this chart for your country-specific age restrictions:

Country

Age Requirements

Chile, Ecuador, Paraguay, Peru

Must be 18 or older, or be 15 or older and have parent or guardian consent.

Brazil

Must be 18 or older, or be 16 or older and have parent or guardian consent.

Nicaragua, Taiwan

Must be 20 or older, or be 13 or older and have parent or guardian consent.

Bulgaria, Hungary, Germany

Must be 18 or older, or be 14 or older and have parent or guardian consent.

Italy

Must be 13 or older to use Free Service. To register for a Paid Subscription, you must be 18 or older, or be 13 or older and have parent or guardian consent (your parents/guardians will enter into contract on behalf of you).

Malaysia

Must be 18 or older, or if 13 to 18, parent or guardian consent is required, and guardian enters into agreement.

Lithuania

Must be 13 or older to use Service. For Paid Subscriptions, you must be 18 or older, or be 14 or older with parent or guardian consent. If you are 13 to 18, guardian enters into agreement.

Canada

Must be 13 or older to use Service. For Paid Subscriptions, you must be age of majority in your province or territory of residence, or 13 or older with parent or guardian consent.

Spain

Must be 14 or older to use Free Service. To register for a Paid Subscription, you must be 18 or older, or be 14 or older and have parent or guardian consent (your parents/guardians will enter into contract on behalf of you).

2.   Changes to the Agreements

Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by  Contact Us

3.   Enjoying SURFINFOCUS.COM

Here’s some information about all the ways you can enjoy SURFINFOCUS.COM.

1.     Our Services & Paid Subscriptions

SURFINFOCUS.COM provides SEARCH, SOCIAL, BUYING and SELLING opportunities around SURF PICTURES and other related CONTENTS, PRODUCTS or SERVICES. Certain SURFINFOCUS.COM services are provided to you free-of-charge. Other SURFINFOCUS.COM services require payment before you can access them. The SURFINFOCUS.COM services that may be accessed after payment are currently referred to as the “Premium Service”. The SURFINFOCUS.COM service that does not require payment is currently referred to as the “Free Service”. You can learn more about our services by visiting www.surfinfocus.com 

The “Premium Service”. may not be available to all users. We will explain which services are available to you when you are signing up for the services. If you cancel your subscription to the “Premium Service”., or if your subscription to the “Premium Service”. is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the “Premium Service”. Note that the “Premium Service”. may be discontinued in the future, in which case you will no longer be charged for the Service.

2.     Trials

From time to time, we or others on our behalf may offer trials or “bonus trial” of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). SURFINFOCUS.COM reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.

For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such “Trials” we may automatically start to charge you for the applicable paid subscriptions ON A RECURRING MONTHLY BASIS.

BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR SURFINFOCUS.COM ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR SURFINFOCUS.COM ACCOUNT BEFORE THE END OF THE TRIAL.

Paid subscriptions cannot be terminated before the end of the period you already paid.

4.   Rights we grant you

The SURFINFOCUS.COM Service and the Content are the property of SURFINFOCUS.COM or SURFINFOCUS.COM 's licensors. We grant you a limited, non-exclusive, revocable license to make use of the SURFINFOCUS.COM Service, and a limited, non-exclusive, revocable RIGHT to make personal assent of selling your pictures to other users. This License shall remain in effect until and unless terminated by you or SURFINFOCUS.COM. You promise and agree that you are using the Content for your own personal use and that you will not redistribute or transfer the SURFINFOCUS.COM Service or the Content.

The SURFINFOCUS.COM software applications and the Content are licensed, not sold, to you, and SURFINFOCUS.COM and its licensors retain ownership of all copies of the SURFINFOCUS.COM software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).

All SURFINFOCUS.COM trademarks, service marks, trade names, logos, domain names, and any other features of the SURFINFOCUS.COM brand (“SURFINFOCUS.COM Brand Features”) are the sole property of SURFINFOCUS.COM or its licensors. The Agreements do not grant you any rights to use any SURFINFOCUS.COM Brand Features whether for commercial or non-commercial use.

SURFINFOCUS.COM is also a Marketplace that allows users to PUBLISH, SEARCH, SHARE, BUY OR SELL SURF OR ACTION SPORT PICTURES FOR THEIR OWN PERSONAL USE , in a variety of pricing formats that are chosen directly by the publisher and owner of every single content. The actual contract for sale is directly between the seller and buyer and all users know and accept that SURFINFOCUS.COM IS AUTHORIZED to WITHHOLD FEES, as a percentage of the transaction performed between a seller and a buyer. We grant you that WE HOST THE FULL VERSION OF THE PICTURES PUBLISHED AND THAT YOU WOULD LIKE TO BUY (details aligned to the information provided for each single hosted photos) and that at the payment of the requested amount you will be GRANTED IMMEDIATE DOWNLOAD PRIVILEGE on that picture (“full version”) with the right to use it in a personal and not commercial way.

You agree to abide by our USER GUIDELINE and not to use the SURFINFOCUS.COM Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, SURFINFOCUS.COM grants no right, title, or interest to you in the SURFINFOCUS.COM Service or Content.

Third party software (for example, open source software libraries) included in the SURFINFOCUS.COM Service are licensed to you either under the Agreements or under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.

5.   Third Party Applications

The SURFINFOCUS.COM Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that SURFINFOCUS.COM does not endorse and is not responsible or liable for the behaviour, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.

6.   User-Generated Content

SURFINFOCUS.COM users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, videos, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the SURFINFOCUS.COM Community

You promise that, with respect to any User Content you post on SURFINFOCUS.COM, (1) you have the right to post such User Content, and (2) such User Content, or its use by SURFINFOCUS.COM as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by SURFINFOCUS.COM or any surfer, brand, entity or individual without express written consent from such individual or entity.(4)You promise and understand THAT IS ABSOLUTELY FORBIDDEDN TO PUBLISH ON SURFINFOCUS.COM ANY CONTENT THAT IS VIOLENT, SEXUAL EXPLICIT, PORNOGRAPHIC,OR RELATED TO POLITICAL OR RELIGIOUS MATTERS AND OR NOR ALIGNED WITH SURFINFOCUS.COM MISSION ( EG to host SURF AND SURFER RELATED CONTENT)

SURFINFOCUS.COM may, but has no obligation to, monitor, review, or edit User Content. In all cases, SURFINFOCUS.COM reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in SURFINFOCUS.COM’s sole discretion, violates the Agreements. SURFINFOCUS.COM may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

You are solely responsible for all User Content that you post. SURFINFOCUS.COM is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST SURFINFOCUS.COM RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD SURFINFOCUS.COM HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

7.   Rights you grant us

In consideration for the rights granted to you under the Agreements (this Term and the Payment Terms), you grant us the right (1) to allow the SURFINFOCUS.COM Service to use the processor, bandwidth, and storage hardware on your Device (EITHER SMARTPHONE OR CAMERA) in order to facilitate the operation of the Service,( eg. UPLOAD OF CONTENTS) (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the SURFINFOCUS.COM Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. (4) To change the price of your published contents in any case of: (a)DISCOUNT OFFERED FOR MULTIPLE PURCHASES OF YOUR PUBLISHED CONTENTS PERFORMED by a single user (b) DISCOUNTS APPLIED TO ANY CONTENT THAT IS IN THE WISHLIST OF USERS BUT NOT PURCHASED FOR A PERIOD EXCEEDING A CERTAIN AMOUNT OF TIME (5) TO REMOVE UPLOADED CONTENTS (ONLY FROM FREE PROFILE) WHEN THEY HAVE BEEN HOSTED MORE THAN A CERTAIN AMOUNT OF TIME. (6) To withhold a certain amount of money (transaction fee) for every single transaction that is performed using SURFINFOCUS.COM portals or services as better described under Payment Terms Section of this document

If you provide feedback, ideas or suggestions to SURFINFOCUS.COM in connection with the SURFINFOCUS.COM Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize SURFINFOCUS.COM to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

You grant SURFINFOCUS.COM a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any media channel, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

8.   User guidelines

SURFINFOCUS.COM respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure SURFINFOCUS.COM stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.

The following is not permitted for any reason whatsoever:

Please respect SURFINFOCUS.COM, the owners of the Content, and other users of the SURFINFOCUS.COM Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your SURFINFOCUS.COM account. You also agree that SURFINFOCUS.COM may also reclaim your username for any reason.

Please be thoughtful about how you use the SURFINFOCUS.COM Service and what you share. The SURFINFOCUS.COM Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on SURFINFOCUS.COM or across the web, so please use SURFINFOCUS.COM carefully and be mindful of your account settings. SURFINFOCUS.COM has no responsibility for your choices to post material on the Service.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

9.   Infringement, Copyrights and reporting User Content

SURFINFOCUS.COM respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see our Copyright Policy (bottom of this document). If SURFINFOCUS.COM is notified by a copyright holder that any Content infringes a copyright, SURFINFOCUS.COM may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to SURFINFOCUS.COM with a request to restore the removed content.

10.Service limitations and modifications

SURFINFOCUS.COM will make reasonable efforts to keep the SURFINFOCUS.COM Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, SURFINFOCUS.COM reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the SURFINFOCUS.COM Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the SURFINFOCUS.COM Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that SURFINFOCUS.COM permanently discontinues prior to the end of the Pre-Paid Period (defined in the PAYMENTS SECTION), SURFINFOCUS.COM will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that SURFINFOCUS.COM has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. SURFINFOCUS.COM and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.

11.Brand Accounts

If you establish a SURFINFOCUS.COM account on behalf of a company, organization, entity (Surf-shop, Shop, Branded Photographer, Sport club, association, or brand (a “Brand”, and such account a “Brand Account”), the terms “you” and “your”, as used throughout the Agreements, apply to both you and the Brand, as applicable.

If you open a Brand Account, you represent and warrant that you are authorized to grant all permissions and licences provided in the Agreements and to bind the Brand to the Agreements.

12.Customer support

For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our customer service department using the Customer Service contact form on the About Us (Contact Us) section of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.

13.Payments, cancellations, and cooling off

Paid Subscriptions can be purchased either by (1) paying a monthly subscription fee; or (2) trial giving you access to the SURFINFOCUS.COM Service for a specific time period (“Pre-Paid Period”). When you register for a Paid Subscription or Trial, you consent to get access to SURFINFOCUS.COM Premium immediately. If you reside outside the United States and register for a Paid Subscription, you may change your mind for any or no reason and receive a full refund of all fees paid within fourteen (14) days (the “Cooling-off Period”). Refunds will not, however, be provided if you have accessed SURFINFOCUS.COM at any time during the Cooling-off Period.

Your payment to SURFINFOCUS.COM (or to a third party through whom you purchased the Paid Subscription, such as a telephone company) will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after you have accessed SURFINFOCUS.COM during the Cooling-off Period, or (2) after the Cooling-off Period is over (where applicable), or (3) before the end of the current subscription period, we will not refund any subscription fees already paid to us.

SURFINFOCUS.COM may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the SURFINFOCUS.COM Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the SURFINFOCUS.COM Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.

14.Term and termination

The Agreements will continue to apply to you until terminated by either you or SURFINFOCUS.COM. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. SURFINFOCUS.COM may terminate the Agreements or suspend your access to the SURFINFOCUS.COM Service at any time, including in the event of your actual or suspected unauthorised use of the SURFINFOCUS.COM Service and/or Content, or non-compliance with the Agreements. If you or SURFINFOCUS.COM terminate the Agreements, or if SURFINFOCUS.COM suspends your access to the SURFINFOCUS.COM Service, you agree that SURFINFOCUS.COM shall have no liability or responsibility to you and SURFINFOCUS.COM will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your SURFINFOCUS.COM account, please Contact Us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.

15.Warranty and disclaimer

WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE SURFINFOCUS.COM SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SURFINFOCUS.COM SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SURFINFOCUS.COM AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER SURFINFOCUS.COM NOR ANY OWNER OF CONTENT WARRANTS THAT THE SURFINFOCUS.COM SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, SURFINFOCUS.COM MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SURFINFOCUS.COM SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT SURFINFOCUS.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SURFINFOCUS.COM SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SURFINFOCUS.COM SHALL CREATE ANY WARRANTY ON BEHALF OF SURFINFOCUS.COM IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.

THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

16.Limitation

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SURFINFOCUS.COM SERVICE IS TO UNINSTALL ANY SURFINFOCUS.COM SOFTWARE AND TO STOP USING THE SURFINFOCUS.COM SERVICE. WHILE SURFINFOCUS.COM ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO SURFINFOCUS.COM, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SURFINFOCUS.COM, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SURFINFOCUS.COM SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SURFINFOCUS.COM HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SURFINFOCUS.COM SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO SURFINFOCUS.COM DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

17.Third party rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and SURFINFOCUS.COM, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

If you have downloaded the App ( When it will be released and if it will be available in your country) from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and SURFINFOCUS.COM only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement.

18.Entire agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and SURFINFOCUS.COM, the Agreements constitute all the terms and conditions agreed upon between you and SURFINFOCUS.COM and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

19.Severability and waiver

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by SURFINFOCUS.COM or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive SURFINFOCUS.COM’s or the applicable third party beneficiary’s right to do so.

20.Assignment

SURFINFOCUS.COM may assign the Agreements or any part of them, and SURFINFOCUS.COM may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.

21.Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold SURFINFOCUS.COM harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the SURFINFOCUS.COM Service; and (4) your violation of any law or the rights of a third party.

22.Choice of law, mandatory arbitration and venue

0.     Governing Law / Jurisdiction

Unless otherwise required by a mandatory law of a member state of Australia or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the Australian laws and managed under jurisdiction of the city judge where SURFINFOCUS.COM has its own Headquarters, without regard to choice or conflicts of law principles.

SURFINFOCUS.COM does not accept any codes of conduct as mandatory in connection with the services provided under this agreement.

1.     CLASS ACTION WAIVER

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND SURFINFOCUS.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and SURFINFOCUS.COM agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

23.Contact Us

If you have any questions concerning the SURFINFOCUS.COM Service or the Agreements, please Contact Us SURFINFOCUS.COM customer service by visiting the About Us section of our website.

Thank you for reading our Terms. We hope you enjoy SURFINFOCUS.COM!

PAYMENTS TERMS

1.     PAYMENT Terms of Service for SURFINFOCUS.COM ( Payment Services below)

These terms and conditions (“ Terms”) have to be considered an essential element of SURFINFOCUS.COM TERMS and are related to what SURFINFOCUS.COM provides to you in connection with your use of the SURFINFOCUS.COM Site, Application and/or Services, and constitute a binding legal agreement between you and SURFINFOCUS.COM Legal Entity .

YOU ACKNOWLEDGE AND AGREE THAT, BY USING THE SURFINFOCUS.COM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE SURFINFOCUS.COM .

Modification

SURFINFOCUS.COM reserves the right, at its sole discretion, to modify or terminate the Payment Terms at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the “Last Updated” date at the top of these Terms. By continuing to use the Payment Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Payment Services.

2.     Eligibility

The Payment Services are intended solely for persons who are 18 or older. Any use of the Payment Services by anyone under 18 is expressly prohibited. By using the Payment Services you represent and warrant that you are 18 or older.

3.     Account Registration

In order to use the Payment Services, you must first register to create a SURFINFOCUS.COM Account and become a Member. You acknowledge, consent and agree that anyone you authorize to use your SURFINFOCUS.COM Account may use the Services on your behalf and that you will be responsible for any made by such person.

4.     Identity Verification

You authorize SURFINFOCUS.COM , directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g. driver’s license or passport), your date of birth, and other information requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or attempting to screen your information against third party databases. You further authorize SURFINFOCUS.COM (or its affiliate) to request a consumer report on you from a Consumer Reporting Agency. This consumer report will be requested and utilized in compliance with applicable law. SURFINFOCUS.COM reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

5.     Financial Terms for BUYING

1.      Key Definitions

“Payment Method” means a payment method that you have added to your SURFINFOCUS.COM Account, such as a credit card, debit card or PayPal.

“Payout Method” means a payout method that you have added to your SURFINFOCUS.COM Account, such as PayPal, direct deposit, a prepaid card or a debit card (where available) to collect any SURFINFOCUS CREDIT available on your virtual wallet.

2.      Appointment of SURFINFOCUS.COM as Limited Payment Collection Agent for all SURFINFOCUS.COM REGISTER USERS

Each User hereby appoints SURFINFOCUS.COM as the User’s limited payment collection agent solely for the purpose of accepting the “Fees for a buying transaction, of each user published contents, performed by other SURFINFOCUS.COM users

Each User agrees that payment made by another user to buy an “User Content” through SURFINFOCUS.COM , shall be considered the same as a payment made directly to the User. In accepting appointment as the limited collection agent of the User, SURFINFOCUS.COM assumes no liability for any acts or omissions of the Buying User.

3.      Financial Terms for Buying Users regarding “Content Purchasing”

You acknowledge and agree that, notwithstanding the fact that SURFINFOCUS.COM is not a party to the agreement between you and the Selling User, SURFINFOCUS.COM acts as the Selling User’s payment collection agent for the limited purpose of accepting from you on behalf of the User. Upon your payment of the Total Fees to SURFINFOCUS.COM , your payment obligation to the Selling User for the Content Purchasing Fees is extinguished, and SURFINFOCUS.COM is responsible for remitting the Purchasing Fees (less the SIF Transaction Fees and any Taxes in respect of the SIF Transaction Fees, such as GSTin Australia, in the manner described in these Terms. In the event that SURFINFOCUS.COM does not remit any such amounts as described in these Terms, such Buying User will have recourse only against such SURFINFOCUS.COM entity.

You as a Buying User agree that SURFINFOCUS.COM may charge your Payment Method the Total Fees for any purchasing of contents requested in connection with your SURFINFOCUS.COM Account. As a general rule, SURFINFOCUS.COM will collect the Total Fees due once SURFINFOCUS.COM receives confirmation of your buying order and confirmation of valid payment transaction.

In connection with your content purchasing process, you will be asked to provide customary billing information such as name, billing address and Payment Method information either to SURFINFOCUS.COM or its third-party payment processor(s). You agree to pay SURFINFOCUS.COM for any confirmed purchase made in connection with your SURFINFOCUS.COM Account in accordance with these Terms by one of the methods supported by the Site or Application (e.g. by PayPal, credit card or debit card). You hereby authorize the collection of such amounts by charging the Payment Method provided as part of requesting the download, either directly by SURFINFOCUS.COM or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application.

Please note that SURFINFOCUS.COM cannot control any fees that may be charged to a Buying or Selling User by his or her bank related to SURFINFOCUS.COM ’ collection of the Total Fees, and SURFINFOCUS.COM disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party service provider; please review such terms and conditions before using your Payment Method.

4.      Service Fees and Other Fees

SURFINFOCUS.COM collects the Purchasing Fees charged by SURFINFOCUS.COM pursuant to the TERMS. Where applicable, SURFINFOCUS.COM may also charge Taxes (such as GST) in respect of the SIF Transaction Fees withhold by SIF.  SURFINFOCUS.COM deducts the SIF TRANSACTION FEES from the TOTAL OWED AMOUNT FOR A CONTENT PURCHASE and will show in the Virtual Wallet the NET AMOUNT owed to the users, before remitting the balance to the User as described in these Terms.

Balances will be remitted by SURFINFOCUS.COM to Users via the Payout Method selected by the User in the User’s currency of choice ( $ or €), depending upon the selections the User makes via the Site, Application and Services. Amounts may be rounded up or down as described the “Rounding Off” Section.

All users accept that remittance of collected fees will be available as follows:

  1. FREE USERS: once a month (month end closing) or any time a certain amount of credit is reached ($100)
  2. PREMIUM USERS: any time

Please note that SURFINFOCUS.COM , may impose or deduct foreign currency processing costs on or from any payments or payouts by SURFINFOCUS.COM in currencies other than AUS dollars.

Rounding Off

SURFINFOCUS.COM may, in its sole discretion, round up or round down amounts that are payable from or to Buyers or Sellers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, SURFINFOCUS.COM will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.

Payment Processing Errors

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.

o   Payment Method Information

You authorize SURFINFOCUS.COM to store your Payment Method information and charge your Payment Method as outlined in these Terms. If your Payment Method’s account number or expiration date changes (e.g. for credit cards or debit cards), we may acquire that information from our financial services partner and update your Payment Method on file in your SURFINFOCUS.COM Account.

o   User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not:

  1. use the Purchased Content to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  2. register any Payment Method with your SURFINFOCUS.COM account that is not yours or you do not have authorization to use;

o   Privacy

You agree that SURFINFOCUS.COM’s Privacy Policy  (as may be updated from time to time) governs SURFINFOCUS.COM ’ collection and use of your personal information.

o   Specific Terms Regarding SURFINFOCUS.COM VIRTUAL WALLET AND CREDIT

SURFINFOCUS.COM Credits may only be redeemed for confirmed transactions via the Site, Application and Services.. You may only redeem SURFINFOCUS.COM Credits after the SURFINFOCUS.COM Credits are reflected in your SURFINFOCUS.COM Account in the VIRTUAL WALLET SECTION. The scope, variety, and type of services and products that you may obtain by redeeming SURFINFOCUS.COM Credits can change at any time ( cash or credits to buy other content or services)

If for some reason you believe that there is a discrepancy regarding your balance of SURFINFOCUS.COM Credits, please Contact Us. SURFINFOCUS.COM may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at SURFINFOCUS.COM’s and/or SURFINFOCUS.COM ’ sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of SURFINFOCUS.COM Credits. Where applicable, SURFINFOCUS.COM may be required to account for GST on any services for which the SURFINFOCUS.COM Credits are redeemed.

Without limiting any other terms of these Terms and subject to applicable law, all SURFINFOCUS.COM Credits are forfeited if your SURFINFOCUS.COM Account is terminated or suspended for any reason, in SURFINFOCUS.COM’s and/or SURFINFOCUS.COM ’ sole discretion, or if SURFINFOCUS.COM discontinues providing the Site, Application, Services or the Referral Program.

o   Account Limitation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit access to your SURFINFOCUS.COM Account and any associated Payment Services.

SURFINFOCUS.COM Copyright Policy - Last updated: 16th May, 2016

We respect intellectual property rights and expects its users to do the same. If you are a copyright holder, or it agent, and you believe that any of the copyrighted material which is directly available via SURFINFOCUS.COM infringes your copyrighted work, please let us know. Contact Us

Please include as much detail as possible to allow us to identify the facts or circumstances, including, where possible: