Surfspotter Terms of Service

Welcome to Surfspotter. These Terms of Service ("Terms") govern your access to and use of the Surfspotter website, mobile application, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

1. Account Registration

1.1 Account Creation

To access certain features of the Service, you must create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

1.2 Account Types

Surfspotter offers different account types:

• Surfer Account: Browse and purchase surf photos, connect with photographers
• Photographer Account: Upload, sell, and manage your surf photography portfolio
• Business Account: For surf schools, hotels, and other businesses

1.3 Age Requirements

You must be at least 13 years old to use the Service. If you are under 18, you must have parental or guardian consent to use the Service.

2. Content and Intellectual Property

2.1 User Content

You retain ownership of the content you upload to the Service ("User Content"). By uploading content, you grant Surfspotter a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your content in connection with the Service.

2.2 Photographer Content

If you are a photographer selling photos through our Service:

• You represent that you own all rights to the photos you upload
• You have obtained necessary releases from any identifiable individuals
• Your photos do not infringe on any third-party rights
• You grant buyers a personal, non-commercial license to the purchased photos

2.3 Prohibited Content

You may not upload, post, or share content that:

• Is illegal, harmful, threatening, abusive, or harassing
• Infringes on intellectual property rights of others
• Contains viruses, malware, or other harmful code
• Is sexually explicit or pornographic
• Promotes violence, discrimination, or hate speech
• Contains false or misleading information

2.4 Surfspotter Content

All content provided by Surfspotter, including logos, designs, text, graphics, and software, is owned by Surfspotter and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express permission.

4. User Conduct

You agree not to:

• Use the Service for any illegal purpose
• Violate any applicable laws or regulations
• Impersonate any person or entity
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use automated systems to access the Service without permission
• Collect or harvest user information without consent
• Engage in any activity that could damage or overburden our infrastructure

5. Disclaimers and Limitations

5.1 Service Availability

The Service is provided "as is" and "as available" without warranties of any kind. We do not guarantee that the Service will be uninterrupted, secure, or error-free.

5.2 Surf Conditions

Any surf condition information, forecasts, or recommendations provided through our Service are for informational purposes only. Surfing is an inherently dangerous activity. Always assess conditions yourself and surf within your abilities. We are not responsible for any injuries or damages resulting from surfing activities.

5.3 Limitation of Liability

To the maximum extent permitted by law, Surfspotter shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service. Our total liability shall not exceed the amount you paid to us in the past 12 months.

5.4 Indemnification

You agree to indemnify and hold harmless Surfspotter and its affiliates from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.

6. Termination

We may suspend or terminate your account at any time for any reason, including violation of these Terms. Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and content
• Any pending payouts may be withheld if there are violations
• Provisions that should survive termination will remain in effect

You may delete your account at any time through your account settings or by contacting support.

7. Dispute Resolution

7.1 Governing Law

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles.

7.2 Dispute Process

If you have a dispute with Surfspotter, please first contact us to attempt to resolve the issue informally. If we cannot resolve the dispute within 30 days, either party may pursue formal legal proceedings.

8. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

9. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Surfspotter.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Failure to enforce any right does not waive that right.
• Assignment: You may not assign your rights under these Terms without our consent.

10. Contact Us

If you have any questions about these Terms of Service, please contact us: