Terms of
Conditions
Introduction
Welcome to SwellShots™. The following “Terms & Conditions” regulate the use of SwellShots™ (the “Service” or the “Company”) and apply when a person (the “User”) accesses or uses the Service through the platform located at http://www.myswellshots.com (the “Site”). By accessing or using the Service, the individual declares their agreement with these Terms & Conditions and becomes a User. If you do not agree with these Terms & Conditions, you should not access or use the Service.
About the Service
SwellShots™ is a virtual platform and marketplace connecting surf photographers (“Photographers”) and surfers (“Surfers”) from around the world. The platform provides a space for photographers to share and sell their surf images, referred to as “Intellectual Works.”
Users must upload Intellectual Works related only to surf to the Site for personal use, including posting the photos on social networks. Buyers must not use the photographs for commercial purposes. The Service is free to use, and the Company profits by charging a 10% commission on photographers’ sales unless another amount is specified.
User Conduct and Service Usage Registration
When subscribing to the Service, the User will create a personalized account, including a unique username and password to access the Service. The User agrees to immediately notify unauthorized access to their password and/or account.
Usage Restrictions
Your permission to use this Site is subject to the following usage and conduct restrictions:
The User agrees not to post material unrelated to sports or that is abusive, threatening, obscene, defamatory, racial, sexual, religious, or objectionable and offensive.
Use the Service for any illegal purpose or for the promotion of illegal activities.
Attempt to harass, abuse, or harm another person or group.
Use another user’s account without permission.
Provide false or inaccurate information when registering.
Interfere with the proper functioning of the Service.
Behavioral Restrictions
The User is solely responsible for their account, and the Company reserves the right to determine if their use of the Service is appropriate. The User acknowledges that any liability, loss, or damage resulting from the use of the Service is their sole responsibility.
Intellectual Works
The term “Intellectual Work” refers to any photographic material that the User uploads to the Site. The User grants the Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, and publish their Intellectual Work for promotional purposes.
Legal Disclaimer of Content
The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service. The Company is not responsible for the accuracy or reliability of any opinions, advice, or statements made by parties other than the Company.
Links to Other Sites and/or Materials
The Service may provide links to third-party websites (“Third-Party Sites”). The Company has no control over Third-Party Sites and Third-Party Applications, Software, or Content.
Closure of Recurrent Infringed Accounts
The Company respects intellectual property rights and may terminate access for Users who are recurrent infringers.
Intellectual Property
The User acknowledges and agrees that the Service owns all intellectual property rights related to the Service.
Communications via Email
Communications made through the email system and Service messages will not constitute legal notice to the Company.
User Consent to Receive Electronic Communications
The User agrees to receive communications from the Company electronically. The Service may also use the user’s email address to send other messages, including information about the Company and special offers.
Disclaimer of Warranty
The Service is provided without any warranty.
Limitation of Damages; Release
Under no circumstances shall the Company be liable for any loss of profits, use, or data, or for any incidental, indirect, special, consequential, or exemplary damages.
Modification of Terms of Use
The Company may change the Terms & Conditions at any time.
General Terms
If any part of this Agreement is determined to be invalid or unenforceable, the remaining portions shall remain in full force and effect. The User acknowledges that they have read these Terms & Conditions, understand them, and will be bound by them.
