Terms of Service

Below is the nitty gritty of our terms of service – we have a separate section for community guidelines.

Disclaimer

The surf spot information contained in our app and website was obtained from a variety of sources ranging from websites, to surf guides, surf apps, and other information sources. The information is to be used for general direction purposes only and a jumping off point for you to discover your perfect waves around the world. The information was cross-referenced from a wide variety of sources, however still may not always be 100% accurate, not every criteria is available or all surf spots, and there will always be slightly different opinions on a given surf spot. We strive to continually update the surf spots with new information that we obtain as available, however please use your discretion when going out to surf any surf spot, as even a spot noted for beginners might present dangerous conditions on a given day, depending upon current wave conditions. da Surf Engine is not responsible for any accident, injury, or property damage as a result of using information contained within its website or app.

da Surf Engine doesn’t warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through da Surf Engine or any hyperlinked website or featured in any user submission or other advertising and the company will not be party to or in any way responsible for monitoring any transaction between you and third party providers of products or services.

User Activity

da Surf Engine is meant to be a positive community of surfers, providing connection opportunities and the ability to form groups and host events to get out to the beach or surf with people in real life. Therefore, you will not post or link to content that is hateful, threatening, defamatory, adult, spam, unlawful, copyrighted, or personal information of others.

We will do our best to enforce the terms in our community, however it is not possible for us to review every post. If there is objectionable content, please reach out to us at waves@dasurfengine.com and we will remove such content from the website or app.

All user generated content are the opinions of the community members and don’t necessarily reflect the views of da Surf Engine. While da Surf Engine is not responsible for posts’ content, authenticity or accuracy, we retain copyright privileges to all user generated content. da Surf Engine reserves the right to edit, remove, or retain any post for any reason without explanation. Requests for Content to be removed or modified will be undertaken at our discretion. We reserve the right to take action against any account with the Service at any time. You are granting us with a non-exclusive, permanent, irrevocable, unlimited license to use, publish, or re-publish your Content in connection with the Service. You retain copyright over the Content.

We require several profile fields of info in order to register and join the community. This is only used to make this community more effective for connecting to surfers. Some of the profile fields are required to be publicly displayed and other fields are optional.

da Surf Engine Company is not responsible for the safety of users from any activity that is the result from meeting other users within the app or website.  You further understand and acknowledge that you may be exposed to other users that are offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the da Surf Engine Service.  If there is a problem with any users within the app, please notify us at waves@dasurfengine.com and we will look into the matter and remove offensive parties if needed, however take no responsibility for interactions between other users within the app or website.  da Surf Engine reserves the right to discontinue any aspect of the Service at any time.

You are responsible for the use of the services that this app provides and should only publish content that you are comfortable sharing publicly.  If you set up an account and use the services on behalf of a company, organization, government, or other legal entity, then you are stating that you represent and are indeed authorized to do so and accept the terms on behalf of the company. You may use the services only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

Limitation of Liability

In no event shall the company, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the company’s service, (iii) any unauthorized access to or use of the company’s secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the company’s servers, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the da Surf Engine client, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages, and/or (vi) the disclosure of information pursuant to these terms of service or privacy policy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that the company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Service is controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the da Surf Engine Service is appropriate or available for use in other locations. Those who access or use the da Surf Engine Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless the Company, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the da Surf Engine Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the da Surf Engine Service.

Copyrights

The design of da Surf Engine along with the Company created text, scripts, graphics, interactive features and the like, except User Submissions, and the trademarks, service marks and logo/icon contained therein (“Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. The Company reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes.

Acceptance of Agreement

These Terms of Service, together with the Privacy Policy and any other legal notices published by the Company, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and the Company concerning the da Surf Engine Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. The Company reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the da Surf Engine Service. Your continued use of the da Surf Engine Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE da SURF ENGINE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Privacy Policy

Privacy Policy

updated 5/31/20 to address the new enhancements to the website. Bottom line is we don’t sell any personal information. We do have advertising through Google adsense and other partners that may use cookies to target ads and we just track things internally to determine popular areas of the websites and places where it can use improvement.

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This privacy policy (the “Privacy Policy”) describes how da Surf Engine uses personal information in running the app. da Surf Engine is available from our websites, including but not limited to, www.dasurfengine.com (“Website”) and da Surf Engine (“Mobile App”). We refer to our Website visitors and Mobile App users as users (“Users”) of da Surf Engine’s Services (“Services”). Please read our Terms of Service. By visiting the Websites or the Mobile App, you are accepting and consenting to the practices described in the Privacy Policy.

1. WHAT TYPES OF INFORMATION DOES DA SURF ENGINE COLLECT?

User Provided Information. We obtain certain information when you provide it to us: for example, if you setup your account profile, you may provide your name, email address, photograph, and a list of surfing information as it relates to your profile. Some of that information can be used by da Surf Engine to identify or contact you directly and is sometimes referred to as personally identifiable information.

Information from Use of our Services. da Surf Engine also gathers non-personally identifiable information from Users of our Services. Non-personally identifiable information is information that usually cannot by itself be used to identify a particular person or entity, and may include: the Internet Protocol (IP) address, unique device identifiers, anonymous IDs for advertising, operating system, mobile network information, browser type, your existing installed applications, browsing activity and device location information (e.g., city or region). da Surf Engine also enables you to ‘friend or connect” to other members of the da Surf Engine community, and records specific events in order to determine what elements of the app and website are most used and valued by our users.

Login. When you login directly through da Surf Engine, we can access the information you provided during your account profile setup.

User Generated Content.  We offer our Users the opportunity to post content on surf spots, personal profiles, personal messages, create events/groups, upload photos, and other items. Such postings may appear on other websites or when searches are executed on the subject of your posting. Whenever you voluntarily disclose personally identifiable information on publicly viewable web pages or applications, that information will be publicly available and can be collected and used by others and reproduced on websites or services over which we have no control.

Facebook Connect.  When you choose to connect or login to da Surf Engine with your Facebook account, we can access certain information you’ve added on Facebook in order to provide a social and personalized experience while using the Service. We adhere to the Facebook Platform Policies which restrict how we may can access and use this information. If you log into our services via Facebook Connect, we collect information from your Facebook account, including but not limited to: your name, city, your birthday & your Facebook Connect ID.

Other Login Methods. da Surf Engine may also incorporate alternative log in methods not listed here, which may follow a similar protocol to the log in methods listed above.

Device Information. When you access the Services on your wireless device, we may obtain information from your wireless carrier about the type of device you are using. We may use this information to notify you about what type of features and products from da Surf Engine may be available to you on your device.

Mobile Phone Number. Certain features of the Services may require our collection of the phone number of your device. We may associate that phone number to the mobile device identification information. We will not use that number for telemarketing.

Location. Depending on the provider, we may automatically receive location information when you use our Services. We will ensure that we have your consent (an opt-in) before doing so. We may use and store this information to provide enhanced location-based Services as well as to serve location-targeted advertising without your express opt-in, which includes communication to third party Services providers who have agreed with da Surf Engine to keep such information confidential and only use such information to the extent necessary to perform the Services as required by da Surf Engine.

Cookies. da Surf Engine uses a number of cookies to collect non-personal information for many purposes. Please note that by using the Services you are consenting to the use of cookies.

2. HOW DOES DA SURF ENGINE  USE INFORMATION?

User Provided Information. We use the personally identifiable information in the file we maintain about you, and other information we obtain from your current and past activities on the Services to: deliver the products and services that you have requested, manage your account and provide you with customer support, communicate with you about products or services that may be of interest to you, and to monitor compliance with the rules governing the Services. We don’t sell your personally identifiable information to third parties.

Non-Personally Identifiable Information from the use of our Services. da Surf Engine analyzes non-personally-identifying information gathered from users of the Services to help better understand how our Services are being used and to help tailor content and advertising across the Services. By recognizing patterns and trends in usage, da Surf Engine is able to better design the Services to improve Users’ experiences, both in terms of content and ease of use. We also may share non-personally-identifying information with third parties, including but not limited to advisors, advertisers, analytics providers, and investors, for the purpose of conducting business.

Friend/Connection information – da Surf Engine enables you to ‘friend or connect’ with other members of the da Surf Engine community. Your “friends/connections” can see certain information about you, including all elements of your surf profile, your favorite surf spots and your list of sand bucket surf spots.  We offer you the ability to have a private profile in the app so that no one can see this information. However in the website version, some profile fields are required to be public to enhance the connection ability between surfers in the community.

3. THIRD PARTY ADVERTISERS – YOUR AD CHOICES

We use third-party advertising companies to serve ads when you visit the Websites and/or use the Mobile Apps. These companies may use information about your visits to any of the Websites and other websites and the Mobile App(s) and other mobile applications in order to provide advertisements about goods and services of interest to you. You have the ability to opt out of the use of your information for purposes of online third-party advertising. You may have the ability to manage tracking and ad preferences on your mobile device from your devices settings. We do not respond to Web browser “do not track” signals or other similar mechanisms.

Our advertisers and their partners may collect additional information. Please note that this information may be used in accordance with the advertiser’s privacy policy, which may be different from da Surf Engine’s Privacy Policy.

4. DISCLOSURES OF INFORMATION

As reasonably necessary to provide services to you, da Surf Engine may share non-personally identifying information or personally identifying information with its partners or affiliates, and also with third party vendors.

da Surf Engine may disclose your information to third parties when obligated or permitted to do so by law and in order to investigate, prevent, or take action regarding suspected, or actual prohibited activities, including but not limited to fraud and situations involving potential threats to the physical safety of any person. We reserve the right to disclose to third parties non-personally identifiable information collected for any lawful purpose.

Finally, da Surf Engine may transfer information, including any personally identifiable information, to a successor entity (or potential buyer) in connection with a corporate merger, consolidation, sale of assets, bankruptcy, or other corporate change.

5. SECURITY

We use reasonable electronic, personnel, and physical measures to protect information from loss, theft, alteration, or misuse. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your information. We are not responsible for third party circumvention of any privacy settings or security measures.

6. CHILDREN

We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at waves@dasurfengine.com. We will delete such information from our files within a reasonable time.

 7. PRIVACY POLICY CHANGES

da Surf Engine may, in its sole discretion, change this Privacy Policy from time to time. Any and all changes to da Surf Engine’s Privacy Policy will be reflected here and the date new versions are posted will be stated at the top of this Privacy Policy. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on the relevant Website or Mobile App. Where the changes are material, we may also choose to email all our registered users with the new details and it is within our sole discretion whether or not we choose to do so. The date of the most recent revisions will also appear on this page. If you do not agree with this Privacy Policy, please do not use or access da Surf Engine, and if you do not agree to any changes we make in the future, you must terminate your registration with da Surf Engine.

Where language on the Websites or Mobile Apps contradicts that found in this Privacy Policy, this Privacy Policy shall prevail.

9. UNITED STATES OF AMERICA

The information collected by da Surf Engine is hosted in the United States of America and is subject to U.S. state and federal law. If you are accessing our Services from other jurisdictions, please be advised that you are transferring your personal information to us in the United States where data protection and privacy laws may be less stringent than the laws of your country. BY USING OUR WEBSITES AND/OR MOBILE APPS, YOU CONSENT TO THE TRANSFER AND USE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY.

CONTACT

If you have any questions regarding our Privacy Policy, please contact us at waves@dasurfengine.com.