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.