Date of Last Revision: January 30, 2017
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities (“Statement,” “Terms,” or “SRR”) derives from Surfcomp, and is our terms of service that governs our relationship with users and others who interact with Surfcomp, as well as Surfcomp brands, products and services, which we call the “Surfcomp Services” or “Services”. By using or accessing the Surfcomp Services, you agree to this Statement, as updated from time to time in accordance with Section 13 below. Additionally, you will find resources at the end of this document that help you understand how Surfcomp works.
Because Surfcomp provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.
Privacy
Your privacy is very important to us. We designed our Data Policy to make important disclosures about how you can use Surfcomp to share with others and how we collect and can use your content and information.
1. Sharing Your Content and Information
1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Surfcomp (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. When you publish content or information, it means that you are allowing everyone, including people off of Surfcomp, to access and use that information, and to associate it with you (i.e., your name and profile picture).
4. We always appreciate your feedback or other suggestions about Surfcomp, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
2. Safety
We do our best to keep Surfcomp safe, but we cannot guarantee it. We need your help to keep Surfcomp safe, which includes the following commitments by you:
1. You will not post unauthorised commercial communications (such as spam) on Surfcomp.
2. You will not collect users’ content or information, or otherwise access Surfcomp, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Surfcomp.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
9. You will not use Surfcomp to do anything unlawful, misleading, malicious, or discriminatory.
10. You will not do anything that could disable, overburden, or impair the proper working or appearance of Surfcomp, such as a denial of service attack or interference with page rendering or other Surfcomp functionality.
11. You will not facilitate or encourage any violations of this Statement or our policies.
3. Mobile and Other Devices
1. We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
2. In the event you change or deactivate your mobile telephone number, you will update your account information on Surfcomp to ensure that your messages are not sent to the person who acquires your old number.
3. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Surfcomp.
4. About Advertisements and Other Commercial Content Served or Enhanced by Surfcomp
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
1. You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you.
5. Special Provisions Applicable to Software
1. If you download or use our software, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
2. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
6. Amendments
1. We’ll notify you before we make changes to these terms
2. Your continued use of the Surfcomp Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
7. Termination
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Surfcomp to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 9.3, and 14-18.
8. Disputes
1. If anyone brings a claim against us related to your actions, content or information on Surfcomp, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on Surfcomp and are not responsible for the content or information users transmit or share on Surfcomp. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Surfcomp. We are not responsible for the conduct, whether online or offline, of any user of Surfcomp.
2. WE TRY TO KEEP SURFCOMP UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SURFCOMP AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SURFCOMP WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT SURFCOMP WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. SURFCOMP IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR SURFCOMP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR SURFCOMP WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SURFCOMP’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
9. Definitions
1. By “Surfcomp” or” Surfcomp Services” we mean the features and services we make available, including through (a) our website at www.Surfcomp.net and any other Surfcomp branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Facebook and Instagram and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Surfcomp reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
2. By “Platform” we mean content that enable others, including application developers and website operators, to retrieve data from Surfcomp or provide data to us.
3. By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with Surfcomp.
4. By “content” we mean anything you or other users post, provide or share using Surfcomp Services.
5. By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from Surfcomp or provide to Surfcomp through Platform.
6. By “post” we mean post on Surfcomp or otherwise make available by using Surfcomp.
7. By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
8. By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
9. By “Trademarks” we mean the list of trademarks provided here.
10. Other
1. This Statement makes up the entire agreement between the parties regarding Surfcomp, and supersedes any prior agreements.
2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Statement, it will not be considered a waiver.
4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Statement shall prevent us from complying with the law.
8. This Statement does not confer any third party beneficiary rights.
9. We reserve all rights not expressly granted to you. By using or accessing Surfcomp Services, you agree that we can collect and use such content and information as amended from time to time.
10. You will comply with all applicable laws when using or accessing Surfcomp.