We may change, add or remove portions of these Terms at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms prior to each use of the Service and by continuing to use the Service you agree to any changes. The date on which these Terms were last modified is set forth at the end of these Terms.
These Services are controlled and operated by Buoyweather from its offices within the United States of America. Buoyweather makes no representation that materials in the service are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Service from other countries do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials (as that term is defined below) in violation of U.S. export law or regulation.
As is further explained below, you should be aware that the material that appears on our Services are for informational purposes only. We strive to make the information as accurate as possible, but errors may appear. We are not responsible for, and do not guarantee the performance of, goods and services provided by any of our advertisers or by any third party to whose website we link. The links on all our digital products and Services are designed for convenience only, and do not constitute an endorsement by Buoyweather of that site or company, or any product, service or other material offered on that site or by that company.
Except as otherwise set forth in these Terms, as between you and Buoyweather, all intellectual property rights in and to the Services, including without limitation all copyrights, trademarks, images, website design elements, text, graphics, logos, buttons, icons, Materials, other content, the presentation, selection and arrangement thereof, and all software is the intellectual property of and belongs solely to Buoyweather. No rights or interest in or to any of the foregoing are transferred or granted to you pursuant to this Agreement, except as follows: Buoyweather hereby grants you a revocable, non-transferable, non-sublicensable, limited license to access and use the Services, and the Material and Content therein, solely for personal and non-commercial purposes, in the method and manner approved by Buoyweather from time-to-time subject to these Terms and all other applicable policies, requirements, and agreements from Buoyweather or its licensors. You are not permitted to transfer, publish, or otherwise make available to any third party any Material (including without limitation Material downloaded or otherwise accessible or received from Buoyweather) without Buoyweather's prior written consent.
You are solely responsible for, and Buoyweather will have no obligation with respect to, the software and services you use to access the Services and all costs and expenses related thereto, including without limitation any operating systems, web browsers, media players, codecs, internet connections, and other software or hardware. You will not access or use the Services in a way which violates any agreement or terms and conditions between you and any third party.
By accessing, using, or subscribing to any Service, including without limitation Buoyweather Premium, you affirm that: (a) you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live); or (b) that your parent or guardian has reviewed this Agreement and he or she assents to these Terms on your behalf and takes full responsibility for your compliance with them. You represent and warrant to Buoyweather that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms, and to abide and comply with these Terms.
PREMIUM SUBSCRIPTION FEES AND PAYMENTS
As part of the Service, Buoyweather offers a subscription ("Buoyweather Premium") that entitles you to added benefits, such benefits chosen and defined by Buoyweather and subject to change at any time and in Buoyweather's sole discretion. Should you subscribe to Buoyweather Premium, your subscription, which may start with a free trial, will continue at the specified time-period (currently monthly or annually) and automatically renew unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted payment method (as such may be updated from time to time, "Payment Method") to subscribe to Buoyweather Premium. We will bill all fees and charges in connection with your username and password to your Payment Method. ALL FEES AND CHARGES ARE NONREFUNDABLE. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. If there are monthly fees for your subscription, these fees will be billed automatically to your Payment Method at the start of the monthly period and will auto-renew each month until your subscription is terminated. If there are annual fees for your subscription, Buoyweather will bill at whatever subscription rate is in effect at that time at the start of the annual period, automatically to your Payment Method and will auto-renew each year until your subscription is terminated. You agree to pay all fees incurred in connection with your user name and password for Buoyweather Premium and you must cancel your subscription before it renews for the applicable time period in order to avoid billing of the next time period's subscription fees to your Payment Method. We reserve the right to adjust pricing for Buoyweather Premium or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. You can cancel your subscription at any time by going to My Account and following the instructions for cancellation or contacting Buoyweather Support at email@example.com.
Your subscription to Buoyweather Premium may start with a free trial. The free trial period of your subscription lasts for the amount of time specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former subscribers only. Buoyweather reserves the right, in its absolute discretion, to determine your free trial eligibility. We will begin billing your Payment Method for subscription fees at the end of the free trial period of your subscription and your subscription will automatically renew unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, visit the My Account page. We may authorize your Payment Method through various methods as soon as you register. We will continue to bill your Payment Method on a recurring basis for your subscription fee until you cancel. Should you cancel your subscription before the end of your free trial period, you may forego the remainder of such free trial period.
If you want to cancel your subscription, switch to a different Payment Method or if there is a change in your Payment Method details, or if you believe someone has accessed Buoyweather Premium using your user name and password without your authorization, please contact Buoyweather immediately at firstname.lastname@example.org.
THIRD-PARTY PAYMENT SERVICES
PURCHASES ON AN IOS DEVICE
You agree to pay for all charges and fees incurred on the Apple ID that you are signed-in on your device while using the Buoyweather iOS application. All fees and charges are nonrefundable and will be charged to the iTunes Store at the time of purchase. Monthly and annual subscriptions automatically renew unless the subscription is turned off through the iTunes Store at least 24 hours before the end of the current subscription period. Subscriptions and auto-renewals may be managed by the user in the iTunes Account Settings after purchase is made. If there are monthly fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process at the start of the monthly period, and will auto-renew each month until your subscription is terminated. If there are annual fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process at the start of the annual period, and will auto-renew each year until your subscription is terminated.
COPYRIGHT AND LIMITATIONS ON USE
This Agreement is personal to you, and you may not assign your usage rights to anyone or share your Buoyweather Account with anyone. Through providing the necessary information, such as email address and password, during the sign-up process, you create an account ("Buoyweather Account"). Each Buoyweather Account that has been entitled to Buoyweather Premium, either through paying the associated fee or through direct entitlement from Buoyweather, is limited to access by only one user. All usernames, passwords, and other credentials ("Credentials") used in connection with the Services shall be the sole property of Buoyweather, and Buoyweather may disable access or use of such Credentials at any time in accordance with this Agreement. You are responsible for the security of your Account and the Credentials and will immediately notify Buoyweather of any unauthorized access or use thereof. You cannot share your user name, password or other Credentials with anyone, unless otherwise agreed to by Buoyweather. THE NUMBER OF DEVICES THROUGH WHICH YOU MAY ACCESS YOUR ACCOUNT IS LIMITED AND MAY CHANGE FROM TIME TO TIME AT OUR DISCRETION. Buoyweather may, at any time in its sole discretion, discontinue or change: the Services, including without limitation Buoyweather Premium; any Content, Materials, features, functions, data, information, or software offered or available through the Services or from Buoyweather; or the availability of the Services, without notice to you. You may cancel your subscription at any time. The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the "Content") accessible on or available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our prior written consent, you may not use, sell, copy, reproduce, create derivative works from, publish, distribute, re-transmit or otherwise provide access to the Content received through the Services to anyone.
OWNERSHIP OF MATERIALS
Except as otherwise noted, the information and/or software within and available through Buoyweather (including, but not limited to, articles, photographs, images, illustrations, audio clips and video clips, and all such material collectively, the "Materials") are the exclusive property of Buoyweather or its licensors. All Materials are copyrighted and protected by worldwide copyright laws and treaty provisions. Other than as otherwise described herein, they may not be accessed, copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without Buoyweather's prior written permission. Except as expressly provided herein, Buoyweather grants no express or implied rights to you under any patents, copyrights, trademarks, trade names, or trade secret information. If you would like to reproduce or distribute any of the Materials you find on our Services in any manner other than that described in this agreement, please contact us at email@example.com.
CONTENT RIGHTS; USER GENERATED CONTENT
As a Buoyweather account holder you may, or any other account holder at Buoyweather may, submit content ("User Content") to the Service, including without limitation videos, photos, and user comments. You understand that Buoyweather does not guarantee any confidentiality with respect to any User Content you submit.
You shall be solely responsible for your own User Content and the consequences of submitting and publishing your User Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit and license such User Content as set forth herein; and you license to Buoyweather all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Service pursuant to these Terms.
For clarity, you retain all of your ownership rights in your User Content. However, by submitting User Content to Buoyweather, you grant Buoyweather an irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and Buoyweather's (and its successors' and affiliates') business, including without limitation for promoting, selling, and redistributing part or all of the Service or User Content (and derivative works thereof) in any formats and through any channels. You also hereby grant each user of the Service an irrevocable, non-exclusive, royalty free license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms. The above licenses granted by you are perpetual and irrevocable.
You further agree that User Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Buoyweather all of the license rights granted herein.
Buoyweather does not endorse any User Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Buoyweather expressly disclaims any and all liability in connection with User Content. Buoyweather does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Buoyweather will remove all User Content if properly notified that such User Content infringes on another's intellectual property rights. Buoyweather further does not permit User Content that contains any defamatory, libelous, pornographic, defamatory, offensive, or otherwise unlawful or immoral content; hate speech; illegal material; exploits minors; depicts unlawful or violent acts; violates our content guidelines, which we may update at our sole discretion; or depicts animal cruelty or violence towards animals. Buoyweather reserves the right to remove User Content and any associated Account without prior notice.
SERVICE SPECIFIC TERMS
You agree to maintain on file with Buoyweather a valid email address and regularly (and at least daily) monitor such email address for any communication from Buoyweather.
The marks and any designs associated with any marks on Buoyweather's website or otherwise in the Services are trademarks and/or service marks of Buoyweather or its licensors. As between you and Buoyweather, Buoyweather retains all rights, interests, and ownership in and to all such trademarks and service marks, and no rights or interest in or to such trademarks or services marks shall be transferred or provided to you. Any use of trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same by you or any third party, without the prior written permission of Buoyweather, is strictly prohibited. Other trademarks, service marks, trade names and company logos referenced are the property of their respective owners and no right in or to the foregoing shall be transferred to you.
CONTEST AND PROMOTIONS
From time to time, we, our advertisers, Suppliers or other parties may conduct promotions and other activities on, through or in connection with one or more the Services, including, without limitation, contests and sweepstakes (collectively, "Promotions"). In some case, you may be able to win a prize ("Prize") as part of a Promotion. Each Promotion will have additional terms and/or rules or eligibility requirements which shall be posted or otherwise made available to you in connection therewith in accordance with applicable law. By participating in any Promotion, you agree to be bound by all such additional terms and rules and eligibility requirements in addition to these Terms.
THIRD PARTY WEB SITES, SERVICES AND SOFTWARE
You agree to defend, indemnify and hold harmless Buoyweather, its subsidiaries, affiliates, licensors, directors, officers, employees, agents, third party information providers, customers, users, and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees and expert witness fees) arising out of or related to: your conduct; your use or inability to use the Service; your breach or alleged breach of these Terms or of any representation or warranty contained herein; your unauthorized use of Buoyweather Content; any User Content you provide or which is otherwise submitted using your Account, including without limitation the use, submission, sale, upload, or provision of any image, logo, photograph, or other User Content which infringes on any third party's intellectual property right or other right; your violation of, or failure to obtain, any license with a third party with respect to any User Content; your fraud, misrepresentation, negligence, or misconduct; or any other action or omission by you which violates or results in the actual or alleged violation of any third party's rights.
DISCLAIMER OF WARRANTIES AND LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THESE SERVICES AND THE INTERNET GENERALLY, BUOYWEATHER IS PROVIDING THE SERVICES AND ALL CONTENTS, MATERIALS, INFORMATION, USER CONTENT, PHOTOGRAPHS, IMAGES, AND OTHER DATA SOLELY ON AN "AS IS" AND "AS AVAILABLE" BASIS. BUOYWEATHER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, CONTENTS, MATERIALS, USER CONTENT, PHOTOGRAPHS, IMAGES, AND OTHER DATA, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF CURRENTNESS, CORRECTNESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE MATERIALS AND BUOYWEATHER WITH HAVE NO RESPONSIBILITY OR OBLIGATION RELATED THERETO. BUOYWEATHER MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES OR ANY MATERIALS, INFORMATION, CONTENT, OR USER CONTENT WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BUOYWEATHER (INCLUDING ITS EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION, OR REPUTATIONAL DAMAGE) ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICES, OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY BUOYWEATHER OR ANY THIRD PARTY, EVEN IF BUOYWEATHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF BUOYWEATHER IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITH RESPECT TO THE THIRD PARTY SERVICES AND ANY OTHER PRODUCTS OR SERVICES PROVIDED BY ANY THIRD PARTY, BUOYWEATHER SHALL HAVE NO LIABILITY OR OBLIGATION OF ANY NATURE OR TYPE RELATED THERETO, AND YOU WAIVE ANY AND ALL RIGHTS AND CLAIMS AGAINST BUOYWEATHER RELATED TO OR ARISING OUT OF SUCH THIRD PARTY SERVICES AND OTHER PRODUCTS AND SERVICES PROVIDED BY A THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY WITH RESPECT THE FOREGOING SHALL BE TO BRING ACTION AGAINST AND RECOVER FROM SUCH THIRD PARTY DIRECTLY.
WITH RESPECT TO YOUR OR ANY OTHER PERSONS USER CONTENT OR UPLOADED MATERIALS, BUOYWEATHER SHALL HAVE NO LIABILITY OR OBLIGATION OF ANY NATURE OR TYPE RELATED THERETO, AND YOU WAIVE ANY AND ALL RIGHTS AND CLAIMS AGAINST BUOYWEATHER RELATED TO OR ARISING OUT OF ANY SUCH USER CONTENT OR OTHER UPLOADED MATERIALS. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY WITH RESPECT TO THE FOREGOING SHALL BE TO BRING ACTION AGAINST AND RECOVER DIRECTLY FROM THE USER PROVIDING SUCH USER CONTENT OR UPLOADING SUCH MATERIALS.
UNDER NO CIRCUMSTANCES SHALL BUOYWEATHER OR ITS SUBSIDIARIES, AFFILIATED COMPANIES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, INFRINGEMENT, OR LOSS OF USE, DATA OR OTHER INTANGIBLES) THAT RESULT FROM: THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY CONTENT; ANY INFORMATION OR DATA IN THE SERVICES BEING INACCURATE, INCOMPLETE, FALSE, MISLEADING, INFRINGING, OR OTHERWISE DAMAGING IN ANY MANNER; OR ANY USER CONTENT, PHOTOGRAPHS, MATERIALS, OR OTHER DATA PROVIDED BY ANY CUSTOMER OR USER OF BUOYWEATHER OR THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BUOYWEATHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE EXTENT BUOYWEATHER HAS ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR ANY OTHER PRODUCTS OR SERVICES OFFERED BY BUOYWEATHER OR ANY THIRD PARTY, BUOYWEATHER'S MAXIMUM TOTAL AGGREGATE LIABILITY SHALL BE LIMITED TO ACTUAL, DIRECT DAMAGES IN AN AMOUNT EQUAL TO THE LESSER OF (A) THE FEES PAID BY YOU TO BUOYWEATHER FOR ACCESS TO OR USE OF THE SERVICES OVER THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of Buoyweather's website, Services, or other products and services, you agree you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
MODIFICATION AND FEEDBACK
Buoyweather reserves the right, but has no obligation, to release new or updated versions of the Services, or otherwise modify or discontinue any Service or portion thereof, at any time and in its sole discretion. Such modifications may include, or disable, certain features, functionality, or content. To the extent you make any suggestions, submit ideas, provide comments or feedback, or otherwise recommend or identify any actual or potential new service or any modification or improvement to a Service to Buoyweather (collectively "Feedback"), you: (a) represent and warranty to Buoyweather that the Feedback and all content therein belongs solely to you and does not infringe on the intellectual property rights or other proprietary interests of any third party; (b) upon sending such Feedback you grant to Buoyweather an irrevocable, worldwide, royalty free, transferable license to the Feedback and all ideas, concepts, and other intellectual property therein; (c) you will have no right or interest in or to any development, software, product, Service, feature, function, or other development by Buoyweather which incorporates all or any portion of the Feedback.
These Terms are effective until terminated by Buoyweather. Buoyweather may terminate its license provided hereunder (in whole or in part), your Account, or your right to access, use, or participate in the Services, at any time without notice in Buoyweather's sole discretion. The license granted to you by Buoyweather under this Agreement with respect to any Material shall be immediately and automatically revoked for such Material upon the earliest of: (a) Buoyweather's removal of such Material from its website or any other Service; (b) termination of your Account; or (c) notice from Buoyweather of such termination. In the event of termination, you are no longer authorized to access this site, you must immediately securely delete or destroy any Materials that were downloaded or otherwise retained by you, and the following will survive such termination and remain binding upon you: the restrictions imposed on you with respect to the Materials, the disclaimers and limitations of liabilities set forth in these Terms, and your indemnification obligations. In the event of the termination or revocation of the license provided to you hereunder, you must immediately return to Buoyweather and securely delete or destroy any Materials in your possession that were subject to such license. Upon any cancellation or termination of these Terms, your Account, or your access or use of the Services for any reason, Buoyweather will have no obligation to retain or provide to you copies of any User Content or other data or information in your Account, stored by Buoyweather, or otherwise uploaded to the Services.
JURISDICTION; ARBITRATION; MISCELLANEOUS
These Services are created and controlled by Surfline\Wavetrak, Inc or its licensors. The laws of the State of California will govern all terms, conditions and disclaimers on these Services, without giving effect to any principles of conflicts of laws. You and Buoyweather agree that, except as otherwise explicitly set forth herein, all claims, controversies, and disputes arising out of or relating to these Terms, Service specific terms or conditions, the Services, Content, Materials, User Content, or otherwise which are not resolved by negotiation between the parties shall be submitted to binding arbitration in Orange County, California, before a single arbitrator in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service (JAMS). Notwithstanding the foregoing, the following claims, actions, and disputes will not be subject to arbitration and may be brought in permitted state and federal courts: actions by Buoyweather seeking injunctive relief or specific performance; actions regarding the applicability of, enforcement of, or recovery of losses or damages pursuant to any indemnification obligations; and actions brought by Buoyweather to collect unpaid fees. To the extent any claim is permitted outside of arbitration, the exclusive jurisdiction of any such claim or dispute shall be the appropriate state or federal court in Orange County, California. Each party hereby irrevocably waives any right to a trial by jury in connection herewith.
Buoyweather welcomes your feedback. If you have questions or comments about our policies, feel free to contact Buoyweather Support directly at firstname.lastname@example.org.
These Terms were last updated on June 29th, 2022.