SurfShot.com Terms and Conditions of Use

This Web site – http://www.surfshot.com – (the "Site" or “SurfShot.com”) is published by SurfShot Media, Inc. ("SurfShot"). Your access to and use of this Site is subject to these Terms and Conditions of Use. By accessing this Site you agree to be bound by these Terms and Conditions of Use whether or not you have read them. If you do not agree to these Terms and Conditions of Use, do not access this Site. SurfShot may at its sole discretion modify these Terms and Conditions of Use at any time and such modifications will be effective immediately upon being posted on this Site. Your continued use of this Site will indicate your acceptance of these modified Terms and Conditions of Use.

FEES AND PAYMENTS
You agree to pay for all charges and fees incurred in connection with your user name and password for SurfShot's Premium Services. Please note that all fees and charges are nonrefundable.

Monthly Subscriptions
If you have subscribed on a monthly basis to SurfShot’s Premium Services, these monthly fees will be billed automatically at the start of the monthly period to the credit card designated during the registration process. Monthly subscriptions auto-renew each month until membership is terminated.

Yearly Subscriptions
If you have subscribed to SurfShot’s Premium Services on a yearly basis, SurfShot will notify you, no later than ten (ten) days before the expiration of your subscription term, that your subscription is ending, and that SurfShot will, unless otherwise notified by you, automatically bill the credit card designated during the registration process at the start of the yearly period, at whatever yearly subscription rate is in effect at that time. If you want to cancel your membership, switch to a different credit card or there is a change in your credit card name, expiration date, or if you believe someone has accessed SurfShot.com using your user name and password without your authorization, please email SurfShot Administration Department at administration@surfshot.com.


LIMITATIONS ON USE
This Agreement is personal to you, and you may not assign your usage rights to anyone. Only one individual may access SurfShot.com's Premium pages at the same time using the same user name or password. SurfShot limits each user to five different IP addresses within any 24-hour period. SurfShot may discontinue or change SurfShot.com's Premium Services, or its availability, at any time, and you may end your subscription at any time.

MANAGING YOUR PASSWORD AND YOUR ACCOUNT
You are solely responsible for managing your password and for keeping your password confidential. No one from SurfShot will be authorized to provide your password. If you have forgotten your password, go to the Sign In link at the top of the screen, then click on "Forgot password." Follow the instructions, and a link to change your password will be emailed to you. You are also solely responsible for restricting access to any computer you use to access your SurfShot.com account or your SurfShot membership. You agree that you are responsible for all activities that occur on your account or through use of your password by yourself or by other persons.

INTELLECTUAL PROPERTY
The materials displayed on or contained within this Site including, without limitation, all Site software, design, text, editorial materials, informational text, photographs, illustrations, games, audio clips, video clips, short features, artwork and other graphic materials, and names, logos, trademarks and service marks (the "Materials"), are the property of SurfShot, its licensors, partners, or Independent Content Providers and are protected by copyright, trademark and other intellectual property laws. The SURFSHOT name, design and related marks are trademarks of SurfShot Media, Inc. All rights reserved.

SurfShot Inc. hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Materials for noncommercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. You agree not to reproduce, modify, create derivative works from, display, perform, distribute, disseminate, broadcast or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third part website) without express prior written consent of SurfShot Inc. Use of Materials is only permitted with the express written permission of SurfShot Inc. and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials.

This Section will survive the termination of your right to use this Site.

LINKS TO SURFSHOT.COM
You may link to our home page (at www.SurfShot.com) provided that any such link does not imply any sponsorship of any site by SurfShot. You may not frame or otherwise incorporate into any other Web site or service any of the content on this Site without the prior written permission of SurfShot. If you are interested in permission to frame our content or in exploring a partnership arrangement, please contact us at marketing@surfshot.com.

LINKS ON SURFSHOT.COM
This Site may contain links to or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their Web sites are solely those of such third parties and not of SurfShot or its affiliates. Your use of such third party Web sites is subject to the terms and conditions of use and the privacy policies of such Web sites.

RELIANCE ON INFORMATION
This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at SurfShot's sole discretion.

CHANGES TO THE SITE
Changes may be made at any time to the information, names, text, software, images, pictures, logos, trademarks, products and services and any other material displayed on, offered through or contained on this Site.

CHANGES TO TERMS AND CONDITIONS
SurfShot may at any time, and at its sole discretion, modify these Terms and Conditions of Use, including without limitation the Privacy Policy, with or without notice. Such modifications will be effective immediately upon posting. You agree to review these Terms and Condition of Use periodically and your continued use of this Site following such modifications will indicate your acceptance of these modified Terms and Conditions of Use. If you do not agree to any modification of these Terms and Conditions of Use, you must immediately stop using this Site.

PRIVACY POLICY
SurfShot's personal information practices on this Site are governed by SurfShot's privacy statement. Please review this privacy statement. This Site does not intend to target or collect personal information from individuals under the age of majority.


YOUR OBLIGATIONS
In providing registration and transactional information to SurfShot, you agree to provide true, accurate, current and correct information about yourself, and to maintain and update registration information to keep it true, accurate, current and complete. If SurfShot has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SurfShot has the right to suspend or terminate your account and refuse any and all current or future use of the account.

In using this Site you agree that you will not: (a) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (c) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity; (d) engage in any activities intended to withhold or cloak identity or contact information; (e) send harassing and/or threatening messages to others; (f) post excessive responses to interactive features or functions of this Site or (g) engage in 'flooding', i.e., ICMP flooding and mail bombing (sending large amounts of email repeatedly to the same email address)

You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content that: (a) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy; (b) infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality; (c) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (d) contains personally identifiable information belonging to minors.

To the extent that the following activities are prohibited by applicable law, in using this Site you will not: (a) use the Site for any illegal purpose, in violation of any applicable laws or regulations; (b) publish web pages that contain links that initiate downloads of copyright-infringing or other illegal material; (c) electronically stalk or otherwise electronically harass another; or (d) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.

To the extent that any of the following activities materially interfere with this Site or the network and systems of a SurfShot service provider ("Service"), you will not: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this Site; (b) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day; (c) hinder the ability of others to use IRC; (d) disrupt the normal flow on this Site or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) interfere with, disrupt, or harm in any way the servers or networks connected to this Site or Service; (f) use this Site or Service to access the accounts of others without permission; (g) attempt to penetrate security measures of this Site, Service, or another entity, or obtain or bypass others passwords; or (h) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic.


USER REVIEWS, FEEDBACK, SUBMISSIONS
The following does not apply to our Independent Content Providers, who have agreed to a separate set of terms.

You may submit ratings, reviews, tips, comments, feedback, photos, suggestions, ideas, and other materials to SurfShot.com (collectively, the "User Content"). SurfShot does not endorse, and takes no responsibility and assumes no liability for, any Content posted by you or any third party. SurfShot reserves the right (but not the obligation) to remove, restrict, or edit such User Content, but does not regularly review posted User Content.

By posting User Content, you grant SurfShot and its subsidiaries and affiliates a nonexclusive, perpetual, irrevocable, royalty-free right to use, display, adapt, modify, copy, reproduce, distribute, publish, translate, promote, and create derivative works from, the User Content, anywhere in the world, in any form, in any media, and for any purpose, and to sublicense any or all of the foregoing rights to others. Further, you represent and warrant that you own or otherwise control all rights to the User Content and that use or public posting of the User Content will not infringe upon or otherwise violate the rights of any third party, including, without limitation, any copyright, trademark, or other intellectual property right, right of privacy, or any other rights of any nature. Your User Content may not cause injury to any person or entity. Furthermore, no Comment submission may contain libelous or otherwise unlawful, abusive or obscene material. User Content may not contain software viruses, political campaign material, commercial solicitations, chain letters, mass mailings or any form of "spam." The member submitting the User Comment is solely responsible for any losses, costs, expenses and damages that result from any violations of SurfShot's policies regarding Content.

User Content submitted to SurfShot.com (including your name) will not be confidential and may be published or disclosed in SurfShot's sole discretion, without any compensation to you. SurfShot may, but is not obligated to, respond to any User Content.

User Content posted on SurfShot.com may, at SurfShot's sole discretion, be monitored, edited or removed with or without notice. However, SurfShot does not, and is not obligated to, regularly review posted User Content. By submitting User Content, you grant SurfShot the right to use your submitted name in connection with your User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise misrepresent your identity or the origin of any User Content you may submit. You alone shall be fully responsible for any content contained within your User Comment submissions, and you agree to indemnify SurfShot and its affiliates for any and all claims resulting from User Content you submit. To SurfShot and its affiliates accept no responsibility or liability for any User Content submitted by you or any third party.


DISCLAIMER OF WARRANTIES
THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. SURFSHOT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS, OR SUCH SOFTWARE PRODUCTS AND SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCT OR SERVICES PROVIDED THROUGH THIS SITE. IN ADDITION, SURFSHOT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

LIMITATION OF LIABILITY
IN NO EVENT SHALL SURFSHOT, ITS AFFILIATES, SURFSHOT FRANCHISEES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT SURFSHOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE.

YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE.

INDEMNIFICATION
You agree to indemnify and hold harmless SurfShot and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions of Use; and (b) your use of this Site including transmission or placement of information or material by you on this Site. This provision shall survive the termination of your right to use this Site.

DISPUTE RESOLUTION
All claims, disputes or controversies (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) these Terms and Conditions of Use; (b) this Site; (c) any advertisement or promotion relating to these Terms and Conditions of Use or this Site; or (d) transactions effectuated through this Site, or (e) the relationship which results from these Terms and Conditions of Use (including relationships with third parties who are not party to these Terms and Conditions of Use) (collectively "Claims"), will be litigated in San Diego County Superior Court.

You further agree, to the extent permitted by applicable laws, to waive any right you may have to commence or participate in any class action or class-wide arbitration against SurfShot related to any Claim.

This provision shall survive the termination of your right to use this Site.

TERMINATION
SurfShot may at any time and at its sole discretion terminate your right to use this Site.

GOVERNING LAW
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to its conflict of laws provisions.

RELIANCE ON INFORMATION
This Site may include publications with technical inaccuracies or typographical errors that may be corrected as they are discovered at SurfShot's sole discretion. Also, changes are periodically made to the information contained herein.