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Surf Park Insider Membership | Terms of Service

Last updated on November 11, 2016

This page describes the terms and conditions that govern your use of certain Surf Park Central & Surf Park Insider digital products, including SurfParkCentral.com and mobile applications, offered by Surf Park Central and certain of its subsidiaries (“SPC”, “SPI”, “us” or “we”).

1.GENERAL RULES AND DEFINITIONS

1.1 If you choose to use SurfParkCentral.com (the “Site”), Surf Park Central’s mobile sites and applications, any of the features of this site, including but not limited to RSS, API, software and other downloads (collectively, the “Services”), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and Surf Park Central (“SPC”, “us” or “we”).

1.2 We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and by continuing to use this Site, you agree to any changes.

1.3 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR MEMBERSHIP BY SENDING E-MAIL TO: john@surfparkcentral.com. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.

1.4 We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

2. CONTENT ON THE SERVICES

2.1 The contents of the Services, including the Site, are intended for your personal, noncommercial use. All materials published on the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by Surf Park Central, Surf Park Insider or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.

2.2 The Services and Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Service), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.

2.3 You may download or copy the Content and other downloadable items displayed on the Services for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from John@SurfParkCentral.com, or the copyright holder identified in the copyright notice contained in the Content.

2.4 The Content of the Services is owned or licensed to Surf Park Central and/or Surf Park Insider. Certain Content is furnished by third parties, which will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.

3. USE OF THE SERVICES

3.1 You may not access or use, or attempt to access or use, the Services to take any action that could harm us or a third party. You may not access parts of the Services to which you are not authorized. You may not attempt to circumvent any restriction or condition imposed on your use or access, or do anything that could disable or damage the functioning or appearance of the Services, including the presentation or display of advertising. Being exposed to advertising is a condition of accessing the Services.

3.2 The Services contain links to other related World Wide Web Internet sites, resources, and advertisers. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to such site.

4. REPRESENTATIONS AND WARRANTIES

4.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless Surf Park Central & Surf Park Insider and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Surf Park Central reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

4.2 Surf Park Central & Surf Park Insider do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.

5. REGISTRATION AND SECURITY

5.1 As part of the registration or account creation process, you will create login credentials by generating a password and providing an e-mail address. You also have to give us certain registration information, all of which must be accurate and updated.

5.2 Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Surf Park Central & Surf Park Insider Services if you share your login credentials. You are responsible for maintaining the confidentiality of your password. You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person’s authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate suspense or termination of your account.

5.3 Please notify John@SurfParkCentral.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

5.4 You must be 13 years or older to subscribe to all parts of the Services.

5.5 You are responsible for all usage or activity on your SurfParkCentral.com & Surf Park Insider account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.

6. FEES AND PAYMENTS

6.1. We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. There will be no refunds for any services or memberships that have already been purchased. All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.

7. COMMUNICATIONS BETWEEN SURF PARK CENTRAL AND USERS

7.1 If you indicate on your registration form that you want to receive such information, we, our owners and assigns, will allow certain third party vendors to provide you with information about products and services.

7.2 Surf Park Central reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.

7.3 Surf Park Central reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our Web site may collect and share personal information about you only if you indicate your acceptance. For more information please read our Privacy Policy.

7.4 Surf Park Central may contact you via e-mail regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.

8. TERMINATION

8.1 You may terminate your account at any time by emailing john@surfparkcentral.com. Upon termination, you will receive an automated confirmation via e-mail that the cancellation was processed, and your access will be suspended within 24 hours. Termination of paid digital products will not be valid for any refunds. See our Terms of Sale and Cancellation Policy here.

8.2 Surf Park Central may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.

9. MISCELLANEOUS

9.1 These Terms of Service have been made in and shall be construed and enforced in accordance with California law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in San Diego, California.

9.2 Correspondence should be sent to john@surfparkcentral.com.

9.3 You agree to report any copyright violations of the Terms of Service to Surf Park Central as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the SurfParkCentral.com or Surf Park Insider service, please notify john@surfparkcentral.com.