Website Terms and Conditions

Before you use this website at www.surfhub.net.au (the Website) it is important that you carefully read these terms and conditions as they set out the legally binding terms and conditions for your use of the Website.

By accessing or using the Website, you unconditionally and irrevocably agree to be bound by these terms and conditions and our Privacy Policy.  If you do not agree to be bound by these terms and conditions and our Privacy Policy, then you should not access or use the Website.

We may change these terms and conditions at any time. By continuing to use the Website, you agree to be bound by the changes.

A.      Use of the Website

 

A.1    We try to ensure the Website is available twenty-four hours a day. However, we do not warrant that the Website will always be available without disruption. We will not be liable to you if the Website is unavailable at any time or for any period.

 

A.2    We may change, suspend or discontinue any aspect of the Website at any time, including the layout and availability of the Website’s features or content without any prior notice or liability.

 

A.3    You are not permitted to use the Website or any of its materials for marketing purposes unless you have first obtained our express written permission to do so.  Any links to third-party websites on the Website are provided for your convenience only and we provide no warranties in relation to the content of any third-party websites and disclaim any liabilities for the use of these third-party websites.

 

A.4    You agree that you will not use any device, software, process or means to interfere or attempt to interfere with the proper working of the Website or do anything which is intended or reasonably likely to damage, impair, interrupt or interfere with the Website or the computer equipment on which the Website is hosted or where its databases and code are located.

 

B.      Registration

 

B.1    The Website operates as a platform that enables registered users to upload photographs and videos of beaches, surf breaks and surfers.  You will only be able to upload photographs and videos to the Website and access certain parts of the Website if you register an account with SurfHub.

 

B.2    When registering an account, you shall provide us with your personal information, including name, telephone number and email address You warrant and represent that all information you provide is accurate and current and that you are authorised and permitted to provide that information to us.

 

B.3    You must not register an account at the Website if:

 

(a)        we have previously disabled your account for any reason, including violation of law or breach of our terms and conditions;

 

(b)        you are a convicted sex offender.

 

B.4    Upon registration, you will be issued with a username and a password, and it is your responsibility to ensure that the username and passport are kept safely. Any use of your username and password, even if done without your authority, remains your responsibility. Registration and continuing access to the Website is a privilege granted by us to you and can be refused, revoked or suspended at any time at our absolute discretion.

 

B.5    By registering and using the Website, you provide your express consent, permission and authority for us to send you direct marketing material and communications to each of the email addresses you provide to us.  You can unsubscribe from such material at any time.

 

C.      Uploading content

 

C.1    Once you are registered with a SurfHub account, you may upload photographs and videos (the copyright in which you own) of beaches, surf breaks and surfers to the Website. When listing photographs and videos, you will be prompted to include information such as:

 

·            the date the photograph or video was taken;

·            the location of the beach at which the photograph or video was taken;

·            if applicable, the name of the surfer featured in the photograph or video and the type of surf board used;

·            if applicable, a brief description of any particular moves being performed in the photograph or video such as air, barrel or wipeout.

C.2    All photographs or videos you upload to the Website will be stored in the cloud using Amazon Web Services.

 

C.3    You unconditionally acknowledge and agree that all photographs and videos that you upload to the Website will be able to be accessed and viewed by any person visiting the Website, including (without limitation) any person that does not have an account registered with SurfHub.

 

C.4    We do not claim ownership of any photograph or video that you upload, but you grant us an unconditional, royalty free license to use any photographs and/or videos that you upload to the Website: 

 

(a)        for marketing or promotional purposes;

 

(b)        on the home page (or other pages) of the Website; 

 

and to the fullest extent possible you hereby waive all your moral rights to the photographs and videos and consent to SurfHub using them without any form of attribution to you.  

 

C.5    Content that you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. 

 

D.      Intellectual Property

 

D.1    You unconditionally represent and warrant to us that:

 

(a)        you own or are expressly and unconditionally authorised or licenced to use all the content, photographs, videos, images, trade marks, logos, or any other works that you upload or feature on the Website (the Materials); and

 

(b)        the use of the Materials on the Website does not infringe the intellectual property or other rights of any third parties.

 

D.2    You will at all times indemnify, and keep indemnified, SurfHub together with its directors, officers, employees and agents, from and against any loss (including legal costs and expenses) arising directly or indirectly out of any claim, demand, suit, action, or proceeding made against in respect of use of any of the Materials on the website.

 

E.      Content removal

 

E.1    We may remove any content, information, photograph or video you share or upload to the Website if we believe, in our absolute and sole discretion, that:

 

(a)        it violates these terms;

 

(b)        it violates any of our policies;

 

(c)        it is inappropriate;

 

(d)        we are permitted or required by law to do so.

 

E.2    We can refuse to provide or stop providing all or part of the services available at the Website to you (including terminating or disabling your account) immediately: 

 

(a)        if we consider it necessary to protect our community or services; 

 

(b)        if you create, in our sole opinion, risk or legal exposure for us; 

 

(c)        if you violate these terms or our policies; 

 

(d)        if you infringe other people's intellectual property rights; 

 

(e)        if you upload or attempt to upload any photographs or videos to the Website that we, in our sole discretion, consider inappropriate or unethical; 

 

(f)         if you use a false identity;

 

(g)        if you misuse the Website; or

 

(h)        where we are permitted or required to do so by law. 

 

 

F.      Limitation of Liability

 

F.1    To the maximum extent permitted by law, SurfHub shall not be liable for any direct, indirect, special, punitive, incidental, exemplary, contractual, or consequential damages, or any damages whatsoever of any kind, resulting from any loss arising out of or in any way connected with your use of the Website.

 

F.2    You agree to indemnify and render harmless SurfHub and its applicable affiliates, officers, directors, agents, and employees, from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, incurred by SurfHub as a result of:

 

(a)        a claim that any information that you provided or photographs or videos you uploaded to the Website or made available on the Website, its use, storage, reproduction or communication, infringes another person’s rights;

 

(b)     a breach by you of your obligations under these terms and conditions or as a result of your use of the Website.

 

G.     General

 

G.1   This agreement is governed by and interpreted in accordance with the laws of New South Wales, Australia You unconditionally and irrevocably consent to the exclusive jurisdiction of the Courts of that state.

 

G.2   If any part of these terms and conditions are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these terms and the severed part will not affect the validity and enforceability of any remaining provisions.

 

 

G.3   If we do not exercise or enforce any right or provision under these terms, it will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by us. Test