The Rip Curl Search GPS Watch, mobile application and related website, software and services (the System) provides a method of capturing and recording your surf sessions (or other activities) and generating a comprehensive log of your surfing experiences, including key metrics such as number of waves caught, speed, distance and mapping this to your surf location and representing it graphically. You can keep a detailed record, share your sessions with others, and follow others.
By accessing, using, downloading from or uploading to the System or in any way using or accessing the System, you agree to follow and be bound by the Terms. You accept that:
The System includes sharing and communications capacities, and is not intended for and is not designed to attract children under 13 years of age.
Prior to using any aspect of the System, you must become a member and complete the membership Registration Form. You will provide true, accurate, current and complete information about yourself as required by the System’s registration form (“User Data”) and maintain and promptly update the User Data to keep it accurate and current.
You agree and confirm that:
You are solely responsible for:
We will endeavor to implement reasonable security measures to protect against unauthorized access to your account, but we cannot guarantee absolute security of your account, your Content or the personal information you provide. We cannot guarantee that our security measures will prevent third-party “hackers” from illegally accessing the System or its contents. You agree to, and to accept all risks of unauthorized access to the User Data and any other information you provide to us.
In relation to the Content, you understand and accept that:
You agree to not use the System to:
You acknowledge, consent and agree that:
We do not claim ownership of Content you may submit or make available for inclusion on the System. However, with respect to Content you submit or make available for inclusion on the System (other than User Data or Payment Method information), you grant us a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit that Content on the System for the purposes of providing and promoting us, the System, our other products and the features and services available on the System.
In particular and without limitation, any information you provide concerning your surf locations or conditions (eg updates you post to the conditions suggested by the System) may be used by our third party surf conditions and forecasts supplier, to update their records or files and you authroize and license this use.
The System may provide you with the option of making certain Content that you submit to the System as private or available only to select users of the System. If, upon submission of Content to the System, you initially elect to mark such Content as private or available for a limited group of users, we will maintain the privacy of such Content in accordance with your election. However, if you do not elect to mark your Content as private or available for a limited group of users, or later change such designation to allow such Content to be made generally available, we cannot and do not guarantee the privacy of such Content.
Third parties provide certain of the information included in the System, including surf conditions and forecasts from [Magicseaweed] and location maps from [Google Maps & or Apple maps]. We accept no responsibility or liability for any information or content provided by such third parties.
Third party product and service offerings made available for purchase by you on the System are made and offered directly by the applicable third party service provider or advertiser. You acknowledge that you are dealing and contracting directly with the applicable third party service provider or advertiser and not with us. We are not responsible for the performance or nonperformance of any third party service provider or advertiser. You are in no way obligated to use or transact business with any particular third party service provider or advertiser that appears on the System.
YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE ON THE SYSTEM, OR FOR ANY CONTENT OR INFORMATION PROVIDED BY THIRD PARTY SUPPLIERS.
The System may provide, or third parties may provide, links to other Internet Systems or resources. We are not responsible for the availability of such external Systems or resources, and are not responsible or liable for any Content, advertising, products or other materials on or available from such Systems or resources. As noted above, surf conditions information and forecasts are provided by Magicseaweed and maps are from Google maps & or Apple maps.
You are granted a limited, non-exclusive right to create a text hyperlink to the System, provided such link does not portray us or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking System does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement any RSS feeds located on the System for your personal, non-commercial use, solely as described on the System. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.
The System functions as a venue to connect members in a virtual information place. You can elect to share your information with other users, and (subject to their agreement) can access information posted by other users, and communicate with other users in different formats. We act solely as a neutral facilitator, we are not directly involved in the actual communications between members of the System. We have no control over the truth, accuracy, quality, legality, or safety of postings or Content made by users of the System. We shall have no responsibility to confirm or verify the identity of members or the qualifications, background, or abilities of users of the System.
If you choose to use System features for informing a friend/third party about our System or for emailing Content or other information to a friend, we will require you to provide your friend’s contact information and/or email address. We will automatically send that friend an email. We may store the information you provide for a period of time, provided that we will use such information only to identify if your friend is or later becomes a member. You represent that you are authorized to provide any third party email address or other information that you provide to us.
The System may provide you with the ability to send e-mails, post messages to user forums, enter chat rooms, speak via Internet voice connections or send similar messages and communications to third party service providers, advertisers, other users and/or us. You agree and undertake:
The System, any necessary software used in connection with the System (if any) and any Content available on the System contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by us or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the System, the software or Content available on the System (other than Content that you may submit), in whole or in part.
We grant you a personal, non-transferable and non-exclusive right and license to access and use the System; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the System. You agree not to access the System by any means other than through the interface that is provided by us for use in accessing the System.
The terms RIP CURL, RIP CURL SEARCH GPS WATCH, the related logos and product and service names are the exclusive trademarks of, and are owned by, us, and you may not use or display such trademarks in any manner without our prior written permission. Any third party trademarks or service marks displayed on the System are the property of their respective owners.
We reserve all rights not expressly granted hereunder.
We respect the intellectual property rights of others. If you have reason to believe any part of the Content of the System infringes the copyrights of others, please notify us immediately using the contact information provided below. We reserve the right in our sole discretion to immediately suspend and/or terminate access to any System by any user who is alleged to have posted infringing materials or a link to infringing materials on the System and to immediately remove or disable the allegedly infringing Content or link
If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify us immediately if you believe that any Content displayed on the System infringes your copyright or any link posted on the System links to materials that infringe your copyright. We reserve the right to remove or disable access to the materials that are claimed to be infringing (or the subject of infringing activity). To be effective and for us to act on it, your notice must be in writing and must include the following: a description of the copyrighted work(s) you believe have been infringed; a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material on the applicable System; enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address; a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law; a statement that all of the information you have provided is accurate; and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. Your notice must be signed (physically or electronically) and must be addressed through the following: ripcurl.com/help/searchgps/
We welcome your feedback and suggestions regarding the System and the information and services we make available through the System (collectively, “Feedback”). While you are not obligated to provide Feedback, in the event that you provide Feedback, you hereby grant to us a worldwide, non-exclusive, transferrable, assignable, sub-licenseable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. Do not send us any Feedback that you do not wish to license to us as set forth above.
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE SYSTEM IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SYSTEM WILL BE CORRECTED.
YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES, WHICH GENERATE THE CONTENT YOU POST OR SEEK TO POST ON THE SYSTEM (INCLUDING BUT NOT LIMITED TO SURFING) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY OUR ACTION, INACTION OR NEGLIGENCE OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU ALSO EXPRESSLY AGREE THAT WE DO NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY CONTEST, GROUP EVENT THAT UTILIZES OUR SYSTEM.
YOU EXPRESSLY AGREE TO RELEASE US, OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ATHLETIC ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ATHLETIC ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SYSTEM, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY RIPCURL WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SYSTEM, (d) ANY DELAY OR INABILITY TO USE THE SYSTEM EXPERIENCED BY YOU, (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SYSTEM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF RIPCURL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the System, your use of the System, your athletic activities which generate the Content you post or seek to post on the System (including, but not limited to, athletic activities in connection with any contests, races, surf contests, or other events which we sponsor, organize, participate in, or whose System is used in connection with), your connection to the System, your violation of the Terms, or your violation of any rights of another person or entity.
You agree that we may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the System. Cause for such termination shall include, but not be limited to,
Termination of your account may include removal of access to all offerings within the System, deletion of your information, files and Content associated with or inside your account, and barring of further use of the System. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account or access to the System.
This System is controlled by us from our offices Torquay, Victoria, Australia. We make no representation that the Content in the System or the System are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this System from locations outside of Australia do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of export laws and regulations.
Any action related to the these Terms, the System or the Content shall be governed by Victorian law and controlling Australian federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Victoria, Australia for any legal proceedings related to the System or the Terms. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the System or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms or your use of the System. The Terms constitute the entire agreement between you and us with respect to your use of the System. The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the System. Our notice to you via email, regular mail or notices or links on the System shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
We will provide support to you related to the System via the following methods:
We strive to respond to support requests within 48 hours after the request is placed.
If you have any questions regarding these Terms, please contact us by email at ripcurl.com/help/searchgps/