Terms of Service

Welcome to suurf!

These Terms of Service are a binding contract between you and Social Applications, Inc. (“we”, “us”, “our”). It contains the rules and restrictions that govern your use of suurf’s products and services (referred to below simply as “suurf”). If you have any questions, comments, or concerns regarding these Terms or our products and services, please contact us at support@suurf.tv.

Using suurf in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use suurf. These Terms include everything in this document, as well as those in the Privacy Policy. If you don’t agree to all of the following, you may not use or access suurf in any manner.

You represent and warrant that you are of legal age to form a binding contract. As detailed further below, you may not and must not use suurf if you are under 16 years old. If you are under 18 years of age (or the age of legal majority in your jurisdiction), you may only use suurf with the consent of a parent or legal guardian who agrees to be bound by these Terms.

If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” throughout this document refer to that organization or entity).

Account Registration and Responsibilities

To be a suurf user, you must create an account (“Account”). You are responsible for any use of suurf made through your valid login credentials, including any communications or actions taken through your Account, whether or not you authorized it. Each time your credentials are used, we will presume you authorized the activity, and we are not required to verify the source of access. Do not share your Account with others or use anyone else’s account.

By uploading or posting content on suurf, you warrant that you possess or have secured all rights, licenses, consents, and releases that are necessary for your use of that content and for suurf’s use as set forth in these Terms.

You alone are responsible for protecting the security and confidentiality of your Account. In no event shall we be liable for any loss, theft or fraudulent use of your Account. If you believe your suurf has been compromised, report it to us at support@suurf.tv.

User Content

“User Content” means any content you submit, post, share, or otherwise make available to our services including text, images, links, and profile information. If we come up with another way for you to add content to the services, it includes that too.

You don’t have any obligation to add content to the services. If you choose to add content to the services, you are responsible for ensuring that you have the right to do so, that you have the right to grant the licenses in this section of these terms, and that your content is lawful. We take no responsibility for any of your content, and we are not responsible for others’ use of your content.

Your content is yours, but you give us a license (which is a form of permission) to it when you use suurf. Your content may be protected by certain intellectual property rights. We don’t own those. But by using our services, you grant us a license to use, reproduce, distribute, create derivative works of, display, and perform your content. The rights you grant in this license are for the limited purpose of providing, developing, and improving our services as permitted by applicable laws. This license is worldwide, non-exclusive (which means you can still license your content to others), royalty-free (which means there are no fees for this license), sublicensable, and transferable.

We will never sell your User Content to third parties without your explicit permission.

We welcome feedback on our services. By sending us feedback, you grant us a non-exclusive, perpetual, irrevocable, transferable license to use the feedback and ideas generated from the feedback without any restrictions, attribution, or compensation to you.

Our services might also provide you with access to other people’s content. You may not use this content without that person’s consent, or as allowed by law. Other people’s content is theirs and doesn’t necessarily reflect suurf’s own views. suurf doesn’t endorse or verify the accuracy or reliability of content shared by suurf users. We work hard to try to make suurf a safe, positive, and inclusive place, but cannot always prevent you from encountering content that you may find objectionable or offensive. You agree we will not be liable for any harm caused by that content. You may report content that you think violates any of our policies. We have the right, but not the obligation, to review such reports and block or remove content at our discretion.

Third-Party Services and YouTube Integration

We integrate with YouTube and other third-party services. By connecting your YouTube account to suurf, you agree to be bound by the YouTube Terms of Service and the Google Privacy Policy.

Our use of information received from YouTube APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements.

You may revoke suurf’s access to your YouTube data at any time through your Google Account or through suurf’s settings. We are not responsible for the content, policies, or practices of third-party services.

Intellectual Property and Reporting Infringement

We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. You promise to abide by copyright notices, trademark rules, information, and other restrictions you may receive from us or that are posted on suurf.

You understand that we own suurf. These Terms don’t grant you any right, title or interest in suurf, or our trademarks, logos, and other intellectual property.

Acceptable Use Policy

You are responsible for all your activity in connection with suurf! Make sure that you use suurf in a manner that complies with the law. If your use of suurf is prohibited by applicable laws, then you aren’t authorized to use suurf. We can’t and won’t be responsible for you using suurf in a way that breaks the law.

Termination

suurf is free to terminate (or suspend access to) your use of suurf, or your account, for any reason at our discretion. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important information you may have uploaded to your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of suurf.

suurf also allows you to delete your account at any time. If you’d like to delete your account, you can do so from your account settings page.

You understand and agree that it may not be possible to completely delete your content from suurf’s records or backups, and that your information may remain viewable elsewhere to the extent that they were copied or stored by other users. Please refer to our Privacy Policy to understand how we treat information you provide to us after you have stopped using suurf’s.

You agree that some of the obligations in these Terms will be in force even after you terminate your account. All of the following terms will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, terms regarding disputes between us, and any other terms that, by their nature, should survive termination of these Terms.

If you have deleted your account by mistake, contact us immediately at support@suurf.tv. We will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Privacy on suurf

We take your privacy very seriously. For the current Privacy Policy, please click here.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children. We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for suurf or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at support@suurf.tv.

Limitation of Liability

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall suurf, its licensors, or its suppliers be liable to you or to any other person for:

• Any indirect, special, incidental, or consequential damages of any kind, or
• Costs for substitute services, or
• Any third-party claims, including those arising from User Content, or
• Any amount, in the aggregate, in excess of the greater of (1) $100 or (2) the amounts paid and/or payable by you to us in connection with suurf in the twelve-month period preceding the applicable claim.

No Warranties

suurf is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of suurf will be uninterrupted or error-free. Accordingly, we do not make any representations or warranties about any content contained in or accessed through suurf, and we will not be responsible for the accuracy, copyright compliance, legality, or decency of material contained on our products and services.

Changes to suurf

We’re always trying to improve suurf, so our products and services may change over time. We may suspend or discontinue any part of suurf, or we may introduce new features or impose limits on certain features or restrict access to parts or all of suurf. We’ll try to give you notice when we make a material change to suurf that would adversely affect you, but this isn’t always possible or practical.

Changes to the Terms

We may update these Terms periodically. We will always post the revised version here and we will notify you through the App, website, or other communication channel if we make any material changes. It’s your responsibility to review the Terms regularly. By continuing to use suurf after any update, you agree to the revised Terms. If you do not agree to the changes, you must stop using suurf.

Violations of the Terms

Failure to follow any of these Terms shall constitute a breach of these Terms, which may result in immediate termination of your account. suurf has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Governing Law, Jurisdiction, Venue, Dispute Resolution, and Arbitration

• Governing Law and Jurisdiction: These Terms are governed by and will be construed under applicable federal law and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.
• Mandatory Local Law Exception: If you reside in a jurisdiction that requires the application of its own local laws, courts, or other mandatory procedures for non-arbitral disputes—such as Brazil—then those mandatory provisions will apply instead of the Delaware governing law and venue provisions in this Section, but only to the extent required by applicable law.
• Dispute Resolution and Arbitration

  • Informal Resolution: Most disputes can be resolved informally. If you have an issue with the services, you agree to contact us first and allow us at least 60 days to resolve the dispute before initiating a lawsuit or arbitration. You can do this by contacting us at support@suurf.tv. In order for your informal resolution request to be valid and for us to respond, you must provide us with: your name, your email address, a statement that you are invoking the pre-arbitration informal dispute resolution process, the jurisdiction where you live (city and state, province, or county), your account handle, the specific amount of damages and/or other relief you are seeking, all supporting evidence in your possession that will help us resolve the dispute, links to or descriptions of the location of any evidence you know of but do not possess that will help us resolve the dispute, and whether you intend to pursue arbitration if we cannot resolve your dispute informally and, if so, what your claim will be in arbitration.

    You agree that after you submit your informal resolution request, you will participate with us via telephone or videoconference, in a good-faith effort to resolve the dispute informally. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference personally. Likewise, if we are represented by counsel, our counsel may participate in the conference, but we will have a company representative fully participate in the conference.

    The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. You agree that participating in the informal dispute resolution process described in this paragraph is a necessary pre-condition to filing an arbitration demand.

  • Mandatory, Mutual Arbitration of Disputes: If the Informal Resolution process listed above does not resolve your dispute, you agree that, subject only to the below carve-out and to the maximum extent permitted by local laws, you will resolve any dispute, disagreement, or claim relating to these Terms through final and binding arbitration by AAA (U.S.) or ICDR (UK/EU), seated in the county (or parish) where you live, unless we agree to a different location. Both parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. Each party shall select one arbitrator; the pair appoint a third.

    The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. To start arbitration, submit a written Demand for Arbitration to AAA and give notice to suurf as specified in the AAA Rules.

    Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you, unless the arbitrator determines your claims were frivolous. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

  • Carve-Out for Safety Claims: Arbitration does not apply to claims that fraud, criminal misconduct, or gross negligence by suurf caused death or personal injury. Those matters may be brought in court or arbitration, at the claimant’s choice, subject to these Terms.

  • Waiver of Class Actions: TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SUURF AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

    If any part of this Waiver of Representative Actions is found to be unenforceable, this section (“Dispute Resolution and Arbitration”) shall be deemed void in its entirety.

    Nothing in this section shall prohibit the AAA’s consolidation of the administration of multiple claims pursuant to the AAA Rules.

  • suurf’s Discretion to Consolidate: Notwithstanding the foregoing waiver, suurf may, at its sole discretion, elect to consolidate multiple arbitrations involving similar issues or claimants into a single consolidated arbitration or class-arbitration-like proceeding. Any such consolidation will occur only under the applicable AAA rules.
  • Small Claims and Injunctive Relief: This clause, “Dispute Resolution and Arbitration,” does not restrict you from bringing eligible claims in small claims court. It also does not waive your statutory rights under the law of your country of residence. To the extent that you or we prevail on a claim in arbitration and seek public injunctive relief (injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction, not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
• Arbitration and Class Action Waiver: Except as otherwise provided in these Terms, any legal action that is not subject to arbitration must be brought exclusively in the state or federal courts located in Delaware. You and suurf consent to personal jurisdiction and venue in those courts and waive any objections based on forum or convenience.

Miscellaneous Terms

• Entire Agreement: You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
• Notices: We may provide notices to you by posting them in on our website, or by sending them by email or other communication methods based on the information associated with your account. By using suurf, you agree to receive communications from us electronically and acknowledge that all electronic communications satisfy any legal requirement for a written communication.
• Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify and hold suurf, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of suurf (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
• Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your suurf account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
• Force Majeure: We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
• No Third-Party Beneficiaries: We agree there are no third-party beneficiaries intended under these Terms.
• No Joint Venture: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Social Applications, Inc., and you do not have any authority of any kind to bind us in any respect whatsoever.
• Export Control: You agree to comply with all applicable import, export, and re-export control laws and restrictions, including but not limited to those of the European Union and its member states, the U.S. Department of Commerce Export Administration Regulations (“EAR”) and economic sanctions maintained by the U.S. Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”), and will not use the services to cause a violation of such laws or regulations. You agree to not use our services to store or distribute content that is subject to export controls, unless you have obtained all required government export authorizations. Further, you represent and warrant that you are not on any government list of prohibited or restricted parties, or otherwise subject to equivalent restrictions, as specified in the laws and regulations listed above or in your country’s laws. You may not download or use our services if you are located in a country or region subject to U.S. or E.U. government embargo (including Cuba, Iran, North Korea, Syria, and the Crimea region) unless that use is authorized by the United States and other relevant authorities.
• Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
• Headings: The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.

Contact Information

If you have questions about these Terms, please contact us at:

Email: support@suurf.tv