Effective Date: 10 February 2014
Updated: 2 January 2015
2. USE OF WSL WEBSITE
(A) WSL encourages parents and guardians to spend time with their children online, and to be fully familiar with the sites visited by the children in their care, including the WSL Website. The WSL Website is not intended for use by people under the age of thirteen (13). If You are under the age of eighteen (18), You should not participate in contests or sweepstakes or other promotional opportunities on the WSL Website, nor should You post information to the WSL Website without a parent or guardian’s consent.
(C) WSL shall have the right at any time to change or discontinue any aspect or feature of the WSL Website, including, but not limited to, content, hours of availability, and equipment needed for access or use in their sole discretion, including those that effect a personal function provided to Your profile (if applicable).
3. CHANGED TERMS.
4. HARDWARE and SOFTWARE UPDATES
You shall be responsible for obtaining and maintaining all computer hardware, software and other equipment needed for access to and use of the WSL Website functions and all charges related thereto.
5. REGISTRATION OBLIGATIONS.
If You register with WSL, You agree to provide true, accurate, current and complete information about Yourself. WSL has the right to suspend or terminate access and refuse any and all current or future use of the WSL Website (or any portion or function thereof) if You provide any untrue, inaccurate, not current or incomplete information, or if WSL reasonably suspects that You have provided untrue, inaccurate, or incomplete information at any time to WSL.
6. PHONE/TABLET USE OF WSL WEBSITE FUNCTIONS.
By subscribing to the WSL Website mobile alerts or other functions involving push notifications (including SMS messages) to Your device where charges may apply (if available) (“Notifications”), You certify that You are over eighteen (18) years of age or have consent from a legal guardian, are the account holder or have the account holder's permission, and agree to receive ongoing Notifications from WSL. Service may not be available on all network carriers. Your network carrier's standard (and additional) message or data rates may apply. Further charges such as international roaming charges may also apply. Please check with your network carrier for more information. WSL will not be liable for any delays in the receipt of any Notifications as delivery is subject to effective transmission from Your network carrier. Notifications are provided on an “as is” basis. Data obtained from You in connection with the Notifications or application to receive the same may include Your cell/mobile phone number, network carrier's name, date, time and content of any submission to WSL or made available to WSL. Such information may be used by WSL to contact You, create general demographic statistics (for use by WSL) and to provide services or Notifications You request.
(B) You shall not use or permit or facilitate others to use automated electronic processes, robots, spiders, scrapers, webcrawlers, or other computer programs that monitor, copy or download data or other content found on WSL Website or accessed through the WSL Website including without limitation real time video, audio, statistics, polling, or data content, whether current or archival.
(C) You shall not interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way the WSL Website or servers or networks connected to the WSL Website, or disobey any requirements, procedures, policies or regulations of networks of WSL or connected to the WSL Website.
(E) You shall not create a frame, browser or border around any of the content of the WSL Website or link to the WSL Website without WSL’s prior express written permission (except that You may use a plain text-only link to the home page of the WSL Website, which link does not in any way imply a sponsorship or affiliation with the WSL Website, WSL, a WSL Tour, sponsor, stakeholder, athlete, or any of its affiliates.
(F) the WSL Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the WSL Website are copyrighted as a collective work under United States copyright laws. WSL owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part on the WSL Website. You may download copyrighted material made publicly available for Your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of WSL and the copyright owner (if different). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that You do not acquire any ownership rights by downloading copyrighted material.
(G) You shall not upload, post or otherwise make available on the WSL Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with You. You shall be solely liable (and hereby release WSL from the same) for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the WSL Website, You automatically grant, or warrant that the owner of such material has expressly granted, WSL the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material and for any purpose. You also permit any other user to access, view, store or reproduce and share the material for that user’s personal use or use on another website if available by the function of the WSL Website. The foregoing provisions of Section 7 are for the benefit of WSL its, parent companies, affiliates, licensees, assigns, third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
(B) NEITHER THE WSL NOR IT’S AFFILIATES WILL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE WSL WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. IN NO EVENT WILL ANY OF THE FOREGOING PARTIES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WSL WEBSITE.
(C) YOU AGREE THAT NEITHER WSL NOR ITS AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE WSL WEBSITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
9. MONITORING and MODERATION OF CONTENT
10. FULL RELEASE AND INDEMNIFICATION BY YOU.
You agree to release, defend, indemnify and hold harmless WSL and it’s Affiliates and each of their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the WSL Website by You or any third party.
12. TRADEMARKS AND CONTENT.
The WSL Website, WSL and any WSL logo (including all previous ASP logos) are trademarks of Association of Surfing Professions, LLC used on the WSL Website and in media worldwide (including online). All rights are reserved to those trademarks and trade names in perpetuity. All other trademarks appearing on the WSL Website are the property of their respective owners.
13. THIRD PARTY CONTENT.
WSL may from time to time act as a distributor of content supplied by third parties and users. Accordingly, WSL has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, You or any other user of the WSL Website, are those of the respective author(s) or distributor(s) and not of WSL. Neither WSL, nor it’s Affiliates guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose (refer to Section 8 above for the complete provisions governing limitation of liabilities and disclaimers of warranty). Neither WSL nor its Affiliates are responsible for the accuracy or reliability of any opinion, advice or statement made on the WSL Website by anyone other than authorized WSL employee spokespersons while acting in their official capacity. It is Your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available on the WSL Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content should you choose to rely on the same. The WSL Website may contain links to other third party web sites or resources. WSL has no control over content of such sites and resources, and You acknowledge and agree that WSL bears no responsibility for the availability of such external sites or resources, does not endorse, and bears no responsibility or liability for any content, advertising, products, or other materials on or available from such sites or resources, and also bears no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web site or resource, which You hereby fully release and indemnify WSL of.
15. COPYRIGHTS AND COPYRIGHT AGENT.
WSL respects the rights of all copyright holders and, in this regard, WSL has adopted and implemented a policy that provides for the termination of access and use by users who infringe the rights of copyright holders in appropriate circumstances. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide WSL’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit WSL to locate the material; (iv) Information reasonably sufficient to permit WSL to contact the complaining party; (v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries under the Digital Millennium Copyright Act please contact: Copyright Agent, WSL, firstname.lastname@example.org. For web posting, reprint, transcript or licensing requests for the WSL Website material, please contact email@example.com. For any questions or requests other than copyright issues or licensing requests, please contact firstname.lastname@example.org.
16. FANTASY SURFING GAME TERMS.
(A) ACCEPTANCE OF FANTASY SURFING TERMS
(B) WSL REGISTRATION REQUIREMENT
To participate in Fantasy Surfing, You must be a registered user of the WSL Website. If You do not have an the WSL Website user account, You will be prompted to register before being able to participate.
(C) ACCURACY OF INFORMATION
ALL STATISTICS AND OTHER INFORMATION PROVIDED THROUGH FANTASY SURFING ARE UNOFFICIAL. Fantasy Surfing and its components are offered for informational and/or entertainment purposes only. While WSL and the third parties used to provide services to permit the running of Fantasy Surfing ("Third Party Providers") use reasonable efforts to include accurate and up-to-date information, neither WSL nor the Third Party Providers warrant or make any representations of any kind with respect to the information provided to You through Fantasy Surfing. WSL and its Third Party Providers shall not be responsible or liable for the accuracy, usefulness, availability or reliance of any information transmitted or made available via Fantasy Surfing, and shall not be responsible or liable for any error or omissions in that information.
(D) ENTERTAINMENT PURPOSES ONLY
Fantasy Surfing is for entertainment purposes only and may not be used in connection with any form of gambling or wagering.
(E) COLLECTION OF PERSONAL INFORMATION
(F) WSL'S RESERVATION OF RIGHTS
WSL expressly reserves the right to immediately modify, suspend or terminate Your account and refuse current or future use of any WSL service on the WSL Website, including the Fantasy Surfing service, if WSL: (a) in its sole discretion, believes You have violated or tried to violate the rights of others;
(G) SPECIFIC FANTASY SURFING INDEMNITY
17. INVALIDITY OF TERMS.
18. GOVERNING LAW.
19. HAVE YOU WITNESSED A USER VIOLATION?