As part of our Service, SurfboardShack.com agrees to provide you with
information and other computer services subject to these Terms of Service.
You agree to use the Service in accordance with these Terms of Service.
Accessing our Service, in any manner, for the purpose of obtaining information,
technical or otherwise, about the Service constitutes use of the Service
such that the party accessing the Service is bound by these Terms of
Service. Because the Web is an evolving medium, we may need to change
these Terms of Service or impose new conditions on use of the Service,
from time to time, in which case we will post the revised Terms of Service
on this website. By continuing to use the Service after we post any
such changes, you accept the Terms of Service, as modified. You may
establish a hypertext link to this Service so long as the link does
not state or imply any sponsorship of your site by SurfboardShack.com.
However, you may not, without the prior written permission of SurfboardShack.com,
frame any of the content of the Service, or incorporate into another
website or other service any intellectual property of SurfboardShack.com,
its parent or affiliate companies or its licensors.
The views, opinions, or positions by the authors and those providing comments are theirs alone, and do not necessarily reflect the views, opinions, positions or strategies of Surfboardshack.com. Surfboardshack.com makes no representations as to accuracy, completeness, currentness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use.
Message boards & blog comments
Copyright on materials contributed by Surfboardshack.com readers and/or members is held by the individual creators. All postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the "Content") posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for all Content that you post, email or otherwise make available through the Site. For all Content provided by you, you agree to indemnify Provider as provided below. By uploading or otherwise posting any Content on the Site, you represent and warrant:
(i) you own or otherwise have all necessary rights, including but not limited to copyrights, to the content you provide and the rights to use it as provided in this Terms of Service;
(ii) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and,
(iii) the content will not cause injury to any person or entity. You agree not to upload, transmit, distribute or otherwise publish in these or any other Forums connected with the Company any Materials which are:
- libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy;
- an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity;
- illegal in any way or which advocate illegal activity;
- an advertisement or solicitation of funds, goods, or services.
License to SurfboardShack.com
By posting messages, uploading files, or otherwise providing any material
for display on the Service, you are representing that you are the owner
of the material, or are making your submission with the express consent
of the owner of the material. In addition, when you post a message,
upload a file, or otherwise provide us with material for display on
the Service, you are granting SurfboardShack.com a royalty-free, perpetual,
non-exclusive, unrestricted, worldwide license to:
1. Use, copy, sublicense, adapt, transmit, publicly perform or display
any such communication.
2. Sublicense to third parties the unrestricted right to exercise any
of the foregoing rights granted with respect to the communication. The
foregoing grants shall include the right to exploit any proprietary
rights in such communication, including but not limited to rights under
copyright, trademark, service mark or patent laws under any relevant
This Service includes links and pointers to Internet sites, content
and services provided by third parties. SurfboardShack.com's linking
to any third party sites does not imply an endorsement or sponsorship
of such sites, or the information, products or services offered on or
through the sites. In addition, neither SurfboardShack.com operate or
control in any respect any information, products or services that third
parties may provide on or through the Service or on websites linked
to by SurfboardShack.com. The materials, information, products and services
offered on or through the Service and any third-party sites are provided
"as is" and without warranties of any kind either express or implied.
To the fullest extent permissible pursuant to applicable law, SurfboardShack.com
disclaims all warranties, express or implied, including, but not limited
to, implied warranties of merchantability and fitness for a particular
SurfboardShack.com does not warrant that the Service or any of its functions
will be uninterrupted or error-free, that defects will be corrected,
or that any part of this Service, including bulletin boards, or the
servers that make it available, are free of viruses or other harmful
components. SurfboardShack.com does not warrant or make any representations
regarding the use or the results of the use of the Service or materials
in this Service or in third-party sites in terms of their correctness,
accuracy, timeliness, reliability or otherwise. You (and not SurfboardShack.com)
assume the entire cost of all necessary maintenance, repair or correction.
The Service should not be used in any high risk activities where damage
or injury to persons, property, environment, finances or business may
result if an error occurs. You expressly assume all risk for such use.
Surfing is a fun and healthy sport, enjoyed by many people from all
walks of life. Surfing can also be a dangerous sport, and may result
in serious injuries and even death. SurfboardShack.com recommends all
surfers to respect the ocean.
In addition, SurfboardShack.com may allow you to purchase many different
types of products and services online that are provided by third parties.
SurfboardShack.com is not responsible for the quality, accuracy, timeliness,
reliability or any other aspect of these products and services. If you
make a purchase from a merchant on the SurfboardShack.com or on a site
linked to by SurfboardShack.com, the information obtained during your
visit to that merchant's online store or site, and the information that
you give as part of the transaction, such as your credit card number
and contact information, is collected by the merchant. A merchant may
have separate privacy and data collection practices. SurfboardShack.com
has no responsibility or liability for these independent policies. For
more information regarding a merchant, its online store, and its privacy
policies, return to that merchant's home page and click on its information
links or contact the merchant website directly. You release SurfboardShack.com
and its affiliates from any damages that you incur, and agree not to
assert any claims against them, arising from your purchase or use of
any products or services made available by third parties through SurfboardShack.com.
When you purchase products or services on or through the SurfboardShack.com,
you may be subject to additional terms and conditions that specifically
apply to your purchase or use of such products or services. If you have
any questions about these additional terms and conditions, you should
contact the merchant of such products or services directly.
You agree to be financially responsible for all purchases made by you
or someone acting on your behalf through the Service. You agree to use
the Service and to purchase services or products through the Service
for legitimate, non-commercial purposes only. You also agree not to
make any purchases for speculative, false or fraudulent purposes or
for the purpose of anticipating demand for a particular product or service.
You agree to only purchase goods or services for yourself or for another
person for whom you are legally permitted to do so. When making a purchase
for a third party that requires you to submit the third party's personal
information to SurfboardShack.com or a merchant, you represent that
you have obtained the express consent of such third party to provide
such third party's personal information.
This Service may include a variety of features, such as bulletin boards,
chat rooms, and email services, that allow feedback to SurfboardShack.com
and real-time interaction between users and other features, such as
personalized homes pages and e-mail services, that allow users to communicate
with others. Responsibility for what is posted on bulletin boards, chat
rooms and other public posting areas on the Service lies with each user
- you alone are responsible for the material you post. SurfboardShack.com
does not control the messages, information or files that others may
provide through the Service. It is a condition of your use of the Service
that you do not:
- Restrict or inhibit any other user from using and enjoying the Service.
- Use the Service to post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic, profane or indecent
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any local,
state, national or international law.
- Use the Service to post or transmit any information, software or other
material that violates or infringes upon the rights of others, including
material that is an invasion of privacy or publicity rights or that
is protected by copyright, trademark or other proprietary right, or
derivative works with respect thereto, without first obtaining permission
from the owner or right holder.
- Use the Service to post or transmit any information, software or other
material that contains a virus or other harmful component.
- Use the Service to post, transmit or in any way exploit any information,
software or other material for commercial purposes, or that contains
- Use the Service to advertise or solicit to anyone to buy or sell products
or services, or to make donations of any kind, without the express written
approval of SurfboardShack.com.
- Gather for the purpose of spamming e-mail addresses that have been
posted by other users of the Service.
You understand that SurfboardShack.com has no obligation to monitor
any bulletin boards, chat rooms, or other areas of the Service through
which users can supply information or material. However, SurfboardShack.com
reserves the right at all times to disclose any information as necessary
to satisfy any law, regulation or governmental request, or to refuse
to post or to remove any information or materials, in whole or in part,
that in SurfboardShack.com's sole discretion are objectionable or in
violation of these Terms of Service.
To use certain features of the Service, you must register with SurfboardShack.com
on the form provided. You agree (a) to provide true, accurate, current
and complete information about yourself as prompted by the Service's
registration form, and (b) to maintain and promptly update the information
you provide to keep it true, accurate, current and complete. If SurfboardShack.com
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, we have the right to suspend or terminate
your account and refuse any and all current or future use of the Service
(or any portion thereof). Our use of any personally identifying information
you provide to us as part of the registration process is governed by
When you submit a classified ad for publication on SurfboardShack.com,
you agree that the advertisement as it appears on SurfboardShack.com
becomes the property of SurfboardShack.com and you assign all ownership
interest in the advertisement as it appears on the Service under copyright
law or otherwise to SurfboardShack.com. Submission of an advertisement
does not constitute a commitment to publish the advertisement, and publication
of an advertisement does not constitute an agreement for continued publication.
We will accept only standard abbreviations and required proper punctuation.
SurfboardShack.com reserves the right to edit, reclassify, revise, reject
or cancel any advertisement at any time, in its sole discretion. Rates
and specifications are subject to change.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall
SurfboardShack.com, its subsidiary and parent companies or affiliates
be liable for any direct, indirect, incidental, special or consequential
damages that result from the use of, or the inability to use, SurfboardShack.com
materials, products, or services, or third party materials, products,
or services made available through the Service, or any part of the Service,
even if SurfboardShack.com is advised beforehand of the possibility
of such damages. (Because some states do not allow the exclusion or
limitation of certain categories of damages, the above limitation many
not apply to you. In such states, the liability of SurfboardShack.com,
its subsidiary and parent companies or affiliates is limited to the
fullest extent permitted by such state law.) You specifically acknowledge
and agree that SurfboardShack.com is not liable for any defamatory,
offensive or illegal conduct of any user. If you are dissatisfied with
any SurfboardShack.com materials, products, or services, or with any
of SurfboardShack.com's terms and conditions, your sole and exclusive
remedy is to discontinue using the Service.
SurfboardShack.com may cancel or terminate your right to use the Service
or any part of the Service at any time without notice. In the event
of termination, you are no longer authorized to access the part of the
Service affected by such cancellation or termination. The restrictions
imposed on you with respect to material downloaded from the Service,
and the disclaimers and limitations of liabilities set forth in these
Terms of Service, shall survive.
This agreement constitutes the entire agreement between SurfboardShack.com
and you with respect to the subject matter contained in this agreement
and supersedes all previous and contemporaneous agreements, proposals
and communications, written and oral. You also may be subject to additional
terms and conditions that may apply when you use the products or services
of a third party that are provided through the Service. In the event
of any conflict between any such third party terms and conditions and
these Terms of Service, these Terms of Service shall govern. This agreement
shall be governed by and construed in accordance with the laws of the
Hawai'i without giving effect to any principles or conflicts of law.
If any provision of this agreement shall be unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable
from this agreement and shall not affect the validity and enforceability
of any remaining provisions.