Terms and conditions

This website is operated by The International Surf Archive, S.A.S with a share capital of € 7,500 located at 170 avenue Saint-Vincent de Paul in Dax, France. Throughout the website we use the terms “we” and “our” in reference to The International Surf Archive. This website, including all information, tools and services to which it provides access to, is offered by The International Surf Archive to you as a user, provided that you accept all terms, conditions, policies and notices stipulated here.

By visiting our website and/or becoming a member of The International Surf Archive, you are participating in our “Service” and agreeing to be bound by the following terms and conditions (“Terms and Conditions”), including by the terms, conditions and policies mentioned herein and/or accessible by hyperlink. These Terms and Conditions apply to all users of the site, including, without limitation, individuals who are visitors, suppliers, customers, merchants and/or content providers. Please read these Terms and Conditions carefully before accessing and using our website. By accessing or using any part of the website, you agree to be bound by these Terms and Conditions. If you do not agree to all of the terms and conditions of this agreement, you may not be able to access the website or use its services. If these Terms and Conditions are considered an offer, their acceptance is expressly limited to them.

We reserve the right to update, modify or replace any part of these Terms and Conditions by posting such updates and/or modifications on our website. It is your responsibility to periodically check this page to see if any changes have been made. By continuing to access or use the website after changes have been posted, you agree to them.

SECTION 1 - CONDITIONS OF USE

By accepting these Terms and Conditions, you represent that you are not a minor in your region, province or state. You must not transmit any computer worms, viruses or any code of a destructive nature. A breach or violation of any of the Terms and Conditions will result in the immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse a membership at any time and for any reason.

You understand that your content (except your credit card information) may be transferred without encryption and that this includes (a) transmissions over multiple networks; and (b) changes made in order to conform and adapt to the technical requirements of connecting networks or devices. Your credit card information is always encrypted when it is transferred over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, any use of the Service or any access to the Service, or any contact on the website through which the Service is provided, without our written permission.

The headings used in this Agreement are included for reference only and will not limit or affect these Terms and Conditions in any way.

SECTION 3 - ACCURACY, EXHAUSTIVENESS AND TIMELINESS OF INFORMATION

We cannot be held responsible if the information offered on this site is inaccurate, incomplete or out of date. The content on this website is provided for general information only and should not be considered or used as the sole basis for making decisions without consulting more important, more accurate, more complete or more current sources of information. If you rely on the content of this site, you do so at your own risk.

This website may contain historical data. By definition, historical data is not current and is provided as reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information it contains. You acknowledge that it is your responsibility to check on changes made to our website.

SECTION 4 - SERVICES

1. Membership availability

Membership of individuals in The International Surf Archive is limited to individuals of legal age in their country.

Some services may only be available online through the website. Eligibility for services is determined at the sole discretion of The International Surf Archive, and we reserve the right to revoke any service and suspend your member space if we consider that you are not eligible.

We reserve the right, but are not obligated, to limit the sale of our Services to any particular person, geographic region or jurisdiction. We may exercise this right on a selective basis. We reserve the right to limit the quantities of services we offer. Any offer of service on this site is void where prohibited by law.

2. Membership rates 

Prices vary depending on the member's profile. These rates are subject to change without notice. We cannot be held responsible to you or any third party for any change in price, or for any modification, suspension or interruption of the Service.

All descriptions of services and their pricing are subject to change at any time without notice and at our sole discretion. We reserve the right to interrupt a service at any time.

3. Membership duration

Membership begins upon receipt of payment. Membership at The International Surf Archive is valid until the expiration date specified upon subscription. Upon expiration of their membership, the member no longer has access to their member space.

4. Use of the member space

Access to the member space is personal and non-commercial and must not be shared with people outside the natural or legal person who has subscribed.

5. Access to content with a membership

During the term of your membership, we grant you a limited, non-exclusive and non-transferable right allowing you to access the content available on our website. You agree not to reuse the content of our website.

The display quality of content may vary from device to device, and may be influenced by various factors, including your location, available bandwidth and/or the speed of your Internet connection. The availability of some formats depends on your internet connection and the functionalities of the device. Not all content is available in all formats. 

Internet connection costs are your responsibility. Please contact your Internet Service Provider for details on possible Internet data usage charges. The time it may take before you can watch content varies depending on several factors including your location, the bandwidth available at the time you watch the title, the content chosen, and the configuration of your device.

SECTION 5 - BILLING AND ACCOUNT INFORMATION

1. Billing accuracy

We reserve the right to refuse any membership at The International Surf Archive. We may, at our sole discretion, limit or cancel the quantities purchased per person, per household or per order. These restrictions may include orders placed by or for the same customer account, the same credit card and/or orders using the same billing and / or shipping address. If we change or cancel an order, we may attempt to notify you by contacting you using the email address and/or billing address or phone number provided at the time of the order.

2. Account Info

You agree to promptly update your account and any other information, including your email address and credit card number and its expiration date, so that we can finalize your transactions and contact you should the need arise.

Any member of The International Surf Archive is responsible for any activity occurring in their member space. In order to maintain control of the account and prevent anyone from accessing it, the member must maintain control of the compatible devices that are used to access the service and must not share their password or any payment details used when subscribing with anyone. You are responsible for updating and maintaining accurate information relating to your account. We may terminate or suspend your account in order to protect you, as well as to protect The International Surf Archive or its partners, against identity theft or other fraudulent activity.

SECTION 6 - BILLING AND TERMINATION

1. Billing

The full annual membership fee is collected upon subscription at The International Surf Archive.

Any member can request a receipt and an invoice by contacting compta@surf-archive.com.

2. Termination

Any member can request the deletion of their member space. No costs incurred when subscribing will be reimbursed.

SECTION 7 - PERSONAL INFORMATION

We will send you information relating to your member space (for example, payment authorizations, invoices, password changes, confirmation messages and other notifications) only by electronic means, for example by sending an email to the email address you provided us with when registering.

The transmission of your personal information on our website is governed by our Privacy Policy. Click here to view our Privacy Policy.

ARTICLE 8 - PROHIBITED USES

You agree not to archive, reproduce, distribute, modify, display, perform, publish, grant, create derivative works, sell or use (except with the express authorization mentioned in these Terms and Conditions) the content and information of The International Surf Archive service (or obtained through it). You also agree not to: circumvent, remove, modify, deactivate, destroy or defeat the protections of the contents within the The International Surf Archive service; use bots, web crawlers, web harvesting tools or other automated methods to access The International Surf Archive service; decompile, reverse engineer or disassemble any software, product or process accessible through the Netflix service; insert any code or product, or manipulate the content of The International Surf Archive service in any way; or use any method of data mining, collection or extraction. Likewise, you agree not to download, display, email or send or share in any way any content with the aim to interrupt, destroy or restrict the functionality of any software or computer equipment or telecommunications associated with The International Surf Archive service, including any virus or any other computer code, file or program.

In addition to the other prohibitions set out in the Terms and Conditions, you are prohibited from using the website or its content:

(a) for illegal purposes; (b) to induce others to perform or participate in illegal acts; (c) to violate any local ordinance or any international, federal, provincial or state regulation, rule or law; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, mistreat, insult, hurt, defame, slander, denigrate, intimidate or discriminate against anyone on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transfer viruses or any other type of malicious code that will or could be used to compromise the functionality or operation of the Service or any related website, as well as other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, explore or scan the web; (j) for obscene or immoral purposes; or (k) to disrupt or circumvent the security measures of the Service or any related website, as well as other websites or the Internet.

We reserve the right to terminate or restrict your use of our service if you violate these Terms and Conditions or make illegal or illegitimate use of the service.

ARTICLE 9 - EXCLUSION OF GUARANTEES AND LIMITATION OF LIABILITY

We do not warrant, certify, or represent in any way that your use of our service will be uninterrupted, secure, prompt, or error-free. 

In the event of temporary or permanent interruption of services due to events beyond our control, no refund will be made.

You agree that, we may periodically withdraw the Service for indefinite periods or cancel it at any time without notice. You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all services provided to you through it are (unless stated by us) provided "as is" and "subject to availability" for your use. The International Surf Archive, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors are not responsible for any loss, claim, or any direct, indirect damage, incidental, punitive, special or consequential, including but not limited to loss of profits, income, savings or data, replacement costs or other similar damages, whether contractual, tort (even in the event of negligence), strict liability or otherwise, resulting from your use of the Service or any service or product using it, or any other claim related in any way to your use of the Service or any product, including but not limited to errors or omissions in any content, or to any loss or damage arising from the use of the Service or from content posted, transmitted or made accessible through the Service, even if you have been notified of the possibility of them occurring.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions will be limited to the maximum extent permitted by law.

ARTICLE 10 - COMPENSATION

You agree to indemnify, defend and hold The International Surf Archive and our parent company, subsidiaries, affiliates, partners, managers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, free from any claim or demand, including reasonable attorney's fees, issued by any third party as a result of or as a result of your violation of these Terms and Conditions or the documents to which they refer, or to your violation of any laws or rights of a third party.

ARTICLE 11 - SEVERABILITY

In the event that any provision of these Terms and Conditions is deemed illegal, void or unenforceable, this provision will nevertheless be applicable to the full extent permitted by law, and the non-applicable part will be considered to be dissociated from these Terms and Conditions, without this judgment affecting the validity and applicability of the other provisions.

ARTICLE 12 - TERMINATION

The obligations and responsibilities undertaken by the parties before the termination date will remain in effect after the termination of this agreement, for all purposes.

These Terms and Conditions will remain in effect, unless and until terminated by you or us. You can terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you stop using our website. If we believe or suspect, in our sole discretion, that you are violating or have failed to comply with any term or provision of these Terms and Conditions, we may also terminate this agreement at any time without notice. You will then remain responsible for all amounts owed until the date of termination (included), as a result of which we may deny you access to our Services (or part of them).

ARTICLE 13 - ENTIRE AGREEMENT

Any failure on our part to exercise or apply a right or a provision of these Terms and Conditions does not constitute a waiver of this right or this provision.

These Terms and Conditions or any other policy or operating rule that we post on this website or that relates to our services constitute the entire understanding and agreement between you and us, and govern your use of the Service. They supersede all previous and current agreements, communications and proposals, oral or written, between you and us (including, but not limited to, any previous version of the Terms and Conditions). Any interpretation of these Terms and Conditions should not be made to the disadvantage of the drafting party.

ARTICLE 14 - CHANGES TO THE TERMS AND CONDITIONS

You can consult the most recent version of the Terms and Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions by posting such updates and/or modifications on our website. It is your responsibility to periodically check our website to see if any changes have been made. By continuing to access or use our website and the Service after the posting of changes to these Terms and Conditions, you agree to them.

ARTICLE 15 - CONTACT

Questions regarding the Terms and Conditions should be sent to us at contact@surf-archive.com.

ARTICLE 16 - DISPUTES

These Terms and Conditions are governed and interpreted in accordance with French law. In the event of a dispute relating to the application and/or interpretation of these Terms and Conditions, you can contact us at contact@surf-archive.com.

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