Terms & Conditions
Please read through these Terms carefully. By accessing
the Wannasurf.com web site at http://wannasurf.com or http://www.wannasurf.com
("the Site") or by otherwise accessing any content found on
this web site, you are deemed to have entered into an agreement with Wannasurf.com
("Wannasurf") and to have agreed to be bound by the terms set
out below. The Site is owned and operated by Wannasurf.com Ltd.
1. Intellectual Property Protection
The contents and design of the Site and any material e-mailed
to you or otherwise supplied to you in conjunction with the Site (such
contents, design and materials being collectively referred to as the "Wannasurf
Content"), are copyright of Wannasurf.com Ltd and its licensors. You
may not use or reproduce or allow anyone to use or reproduce any trade
marks (such as "The Wannasurf" name and logo or other trade
names appearing on the Site) for any reason without written permission
from Wannasurf.com. The software which operates the Site is proprietary
software and you may not use it except as expressly allowed under these
Terms. You may not copy, reverse engineer, modify or otherwise deal with
the software.
2. Use of Wannasurf Content
You may retrieve and display the Wannasurf Content on a
computer screen or (if expressly authorised) mobile telephone, print individual
pages on paper (but not photocopy them) and store such pages in electronic
form on your mobile telephone for your personal, non-commercial use. Except
as expressly set out above, you may not reproduce, modify or in any way
commercially exploit any of the Content. In particular, but without limiting
the general application of the restrictions contained in the preceding
sentence, you may not do any of the following without prior written permission
from Wannasurf.com:
- reproduce or store in or transmit to any other web site, newsgroup,
mailing list, electronic bulletin board, server or other storage device
connected to a network or regularly or systematically store in electronic
or print form, all or any part of the Wannasurf Content, or
- modify, publish, transmit, participate in the transfer or sale of,
reproduce, create derivative works from, distribute, perform, display,
or in any way exploit all or any part of the Wannasurf Content (including
use as part of any library, archive or similar service) without the
prior written consent of Wannasurf.com,
- remove the copyright or trade mark notice from any copies of the Wannasurf
Content made under these Terms.
Any use of the Wannasurf Content not specifically permitted
above is expressly prohibited. Requests for permission for other uses
may be sent to the Webmaster,
and may be subject to a fee.
3. Licence Fee, Payment, and Transactions
Access to certain Wannasurf.com Content may be subject
to a fee. All payments (including applicable taxes) must be made in advance
in US Dollars or other currency specified by Wannasurf.com. You are responsible
for the payment of all charges associated with the use of the Site using
your ID.
If your use of the Site is terminated by Wannasurf.com, you will be entitled
to receive a refund of any credits or pre-payments which remain unused
at the time of termination unless such use is terminated because you are
in breach of these Terms. You will continue to be responsible for any
fees or other charges incurred by you prior to such termination.
You may use the Site to purchase products or services from Wannasurf.com's
third party partners. In that event, your contract for such products will
be with the third party partner and not with Wannasurf.com.
4. Term and Termination
The Wannasurf may, in its discretion, terminate or suspend
your access to all or part of the Site (including any right to access
and use the Wannasurf Content) with or without cause by delivering notice
to you.
The rights of termination are in addition to all other rights or remedies
of The Wannasurf provided in these Terms or by law.
5. Changes to the Site
The Wannasurf reserves the right, in its discretion, to
suspend, change, modify, add or remove portions of the Wannasurf Content
available on the Site at any time and to restrict the use and accessibility
of the Site.
6. Registration, Passwords and Responsibilities
Certain areas of the Site are only open to you if you register.
You are solely responsible for the confidentiality and use of and access
to the Wannasurf Content and the Site using your user name, sign-on password,
and/or I.D. You agree to immediately notify Wannasurf.com if you become
aware of any loss or theft of any sign-on password or I.D. or any unauthorised
use of a sign-on password, I.D., user name, or of the Wannasurf Content
or the Site. You will provide Wannasurf.com with accurate, complete registration
information (including in particular your e-mail address) and inform The
Wannasurf of any changes to such information. For the purpose of confirming
your compliance with the terms of these Terms, Wannasurf.com reserves
the right to monitor and record activity on the Site, including access
to the Wannasurf Content.
7. Privacy Policy
The information that you provide about yourself to Wannasurf.com
will only be used in accordance with Wannasurf.com's Privacy Policy Statement.
8. Community Forums
The Site may include bulletin boards, discussion groups
and other public areas that allow feedback to Wannasurf.com and interaction
between users and The Wannasurf representatives ("Forums").
While Wannasurf.com does not control the information/materials posted
to Forums by users (the "Messages"), it reserves the right (which
it may exercise at its sole discretion without notice) to delete, move
or edit the Messages and to terminate your access to and use of the Forums.
You are solely responsible for the content of your Messages. You must
comply with any rules posted by Wannasurf.com on a Forum. You may not:
- post, link to or otherwise publish any Messages containing any form
of advertising or promotion for goods and services or any chain Messages
or "spam";
- post, link to or otherwise publish any Messages that are unlawful,
threatening, abusive, libellous, indecent, infringe copyright or other
rights of third parties or which contain any other form of illegal content;
- post or otherwise publish any Messages that contain a virus or other
harmful component;
- disguise the origin of any Messages;
- impersonate any person or entity (including Wannasurf.com employees
or Forum guests or hosts) or misrepresent any affiliation with any person
or entity;
- post or otherwise publish any Messages unrelated to the Forum or the
Forum's topics;
- post or transmit any Messages that contain software viruses, files
or code designed to interrupt, destroy or limit the functionality of
the Site or any computer software or equipment;
- collect or store other users' personal data;
- restrict or inhibit any other user from using the Forums.
- The only person who should be referred to as a 'kook' on the Forums
is the webmaster of Wannasurf.com
By submitting Messages to any Forum you agree to indemnify
and hold harmless Wannasurf.com from all claims, costs and expenses (including
legal expenses) arising out of any Messages posted or published by you
that are in breach of this section 8.
The Forums contain Messages submitted by users over whom Wannasurf.com
has no control. Wannasurf.com cannot guarantee the accuracy, integrity
or quality of any Messages. Some users may breach these terms and post
Messages that are misleading, untrue or offensive. You must bear all risk
associated with your use of the Forum and should not rely on Messages
in making (or refraining from making) any specific investment or other
decisions.
By submitting Message to a Forum you are granting Wannasurf.com perpetual
royalty free non-exclusive licence to reproduce, modify, translate, make
available, distribute and sub-license the Message in whole or in part
and in any form. This may include personal information such as your user
name and alias and your expressions of opinion. Wannasurf.com reserves
the right to contact you by e-mail with regard to your use of the Forums.
You waive any moral rights that you may have in regard to the Messages
you submit.
It is not possible for Wannasurf.com to fully and effectively monitor
Messages that are submitted for infringement of third party rights. If
you believe that a message infringes your legal rights, you should
notify Wannasurf.com immediately by mail
9. No Warranty, Disclaimer of Liability and Indemnity
Whilst every effort has been made to ensure the high quality
and accuracy of the Site, Wannasurf.com makes no warranty, express or
implied concerning the Wannasurf Content, the Site, software or products
or services available through the Site (the "Site Services"),
which are provided "as is". The Wannasurf expressly disclaims
all warranties, including but not limited to warranties of fitness for
a particular purpose and warranties of merchantability. In no event will
Wannasurf.com, its affiliates or other suppliers be liable for direct,
special, incidental, or consequential damages (including but not limited
to, without limitation, losses incurred due to information pertaining
to surf spots, zones or countries whether that information be incorrect,
misunderstood or misused, injury or loss of life whilst participating
in diving or any related activity, damages for loss of business profits,
business interruption, loss of business information or other pecuniary
loss) arising directly or indirectly from the use of (or failure to use)
or reliance on the Site Services, even if Wannasurf.com has been advised
of the possibility that such damages may arise. Wannasurf.com does not
guarantee the accuracy, content, or timeliness of the Site Services or
that they or related systems are year 2000 compliant or free from viruses
or other contaminating or destructive properties.
In no event will any liability of Wannasurf.com, its affiliates, agents
and licensors to you (and/or any third party) arising out of any kind
of legal claim (whether in contract, tort, or otherwise) in any way connected
with the Site Services or breach of these Terms by Wannasurf.com exceed
the amount, if any, paid by you to Wannasurf.com in respect of the particular
Site Service to which the claim relates.
Upon The Wannasurf's request, you agree to defend, indemnify and hold
harmless The Wannasurf from any claims and expenses, including reasonable
legal fees, related to any breach of these Terms by you or your use of
any Site Services.
10. Force Majeure
The Wannasurf, its affiliates and its information providers
will not be liable or deemed to be in default for any delay or failure
in performance or interruption of the delivery of the Wannasurf Content
resulting directly or indirectly from any cause or circumstance beyond
its or their reasonable control, including but not limited to failure
of electronic or mechanical equipment or communication lines, telephone
or other interconnect problems, computer viruses, unauthorised access,
theft, operator errors, severe weather, earthquakes or natural disasters,
strikes or other labour problems, wars, or governmental restrictions.
11. Miscellaneous
Changes to these Terms. Wannasurf.com may, in its
discretion, change these Terms (including those relating to your use of
Site and/or the Wannasurf Content). When Terms are changed, Wannasurf.com
will notify you by email or by publishing details of those changes by
including them in these Terms. If you use the Site after Wannasurf.com
has published or notified you of the changes, you are agreeing now to
be bound by those changes. If you do not agree to be bound by those changes,
you should not use the Site any further after they are published. Access
to certain the Wannasurf Content may be subject to additional terms and
conditions.
Advertising, Third Party Content and other Web Sites. Parts of
the Site may contain advertising or other third party content. Advertisers
and other content providers are responsible for ensuring that material
submitted for inclusion on the Site complies with international and national
law. Wannasurf.com is not responsible for any third party content or error,
omission or inaccuracy in any advertising material. The Site may contain
links to other web sites. Wannasurf.com is not responsible for the availability
of these web sites or their contents.
Assignment of Agreement. This agreement is personal to you and
your rights and obligations under these Terms may not be assigned, sub-licensed
or otherwise transferred. This agreement may be assigned to a third party
by Wannasurf.com.
Non-Waiver. No delay or omission on the part of either party in
requiring performance by the other party of its obligations will operate
as a waiver of any right.
Severability/Survival/Statute of Limitations. If any provision
of these Terms is invalid or unenforceable, such will not render all the
Terms unenforceable or invalid but rather the Terms will be read and construed
as if the invalid or unenforceable provision(s) are not contained therein.
Any cause of action of yours with respect to these Terms must be filed
in a court of competent jurisdiction in London, England, within one year
after the cause of action has arisen, or such cause will be barred, invalid,
and void.
Whole Agreement. Save as expressly referred to herein, any representation,
warranty, term or condition not expressly set out in these Terms shall
not apply.
Headings. Headings in these Terms are for convenience only and
have no legal meaning or effect.
12. Governing Law and Jurisdiction
For the exclusive benefit of Wannasurf.com, Wannasurf.com
shall retain the right to bring proceedings as to the substance of the
matter in the courts of the country of your residence or, where these
Terms are entered into in the course of your trade or profession, the
country of your principal place of business.
