Terms of Use

Last Modified: March 27, 2007

What We Do

We provide our members (aka 'swellbuddy' or 'swellbuddies') a way to connect with other surfers in the community. You may view a list of surf spots where surfers organize a meetup. By using our Platform, you agree to comply with all ethical and applicable domestic and international laws. In short, don't use our site to commit a crime!

Promise you won't be using our community to do anything illegal.

Membership

Currently, the Surf Scheduler platform is offered by Invitation Only and are individuals who are at least 18 years of age. Our platform is not available to suspended swellbuddies. By using the Surf Scheduler platform you acknowledge that you are at least 18 years of age and agree to comply with the laws of the city, county or country in which your surf gathering takes place. We have the right, in our sole discretion, to suspend or terminate your use of the Surf Scheduler platform and can refuse any and all current or future use of all or any portion of our Surf Scheduler platform.

If others complain about your activity or we hear you are abusing community by spamming our members, we will give you the boot!

Password and Security

You will be given a default password during the registration process which you will be able to update once you've logged in. You agree to maintain the confidentiality of your password and are fully responsbile for all liability and damages resulting in the failure to maintain that confidentiality and all the activities that occur through the use of your password. If you see anything suspicious, you agree to notify us of any unauthorized use of your password or any other breach of security. You agree that ASwellBuddy.com will not be liable for any loss or damage arising from the failure to maintain the confidentiality of your password.

In short, don't ever share your password with anyone!

Fees and Payments

Access to our website and use of selected features of our Platform is free. We may charge fees for various premium features and services that we offer. We may, in our sole discretion, change this policy and begin charging for access to our website and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service, we will establish the fees for that service at the launch of the service. If we impose new fees or change the fees for an existing service, such new or revised fees shall automatically be effective thirty (30) days after they are initially posted on our website, as provided above. Once fees and changes become effective, you agree to pay all fees and charges specified and all applicable taxes for the services provided and benefits received. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Service (e.g., overdrawn accounts, exceeding account limits, etc.)

For now, our services are Free (you'll be notified if there's a change in fees *but I doubt it*), so please visit our sponsors that offer you surf resources!

Your Information

"Your Information" is any information shared and posted that you provide (directly or indirectly), including through the registration process or through the use of the Surf Schedule Platform. Your Information is yours. We don't claim ownership of Your Information. Your Information can become Public Information in any email, private messages, invite messages and through your SwellProfile page. You are solely responsible for Your Information. You should understand that your Public Information could be accessible by and made public through syndication programs and by search engines, metasearch tools, crawlers, metacrawlers and other similar programs.

In consideration of your use of our Surf Scheduler Platform, you agree that Your Information:(a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation; (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain, pornography, child pornography, or photographs of unclothed person(s); (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (h) shall not link directly or indirectly to any materials to which you do not have a right to link to or include.

In addition, you agree that you will provide us with your valid, current email address, both at the time of your registration with us and from time to time as your email address changes.

Share your personal information at your own risk.

Grounds for Removal and Termination

We will kick you out if:

A. You use the Surf Scheduler Platform to:

(i) harm or intimidate another person in any way, including restricting or inhibiting any other user from using our Platform;
(ii) impersonate any person (including Meetup staff and other members), or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;
(iii) disguise the origin of any Public Information that is transmitted to any third party;
(iv) "stalk" or otherwise harass another;
(v) advertise merchandise, auctions, services or commercial websites, including offers to trade or charitable solicitations unrelated to the topic or spirit of the Meetup Group.; or
(vi) collect or store personal data about other users;

B. Posting any Public Information or other material:

(i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another's privacy (including the posting of private emails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech;
(ii) that is obscene, pornographic or adult in nature;
(iii) that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(iv) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;
(v) that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, "spam," "junk mail," and "chain letters"); or
(vi) that is inappropriate, posted in bad faith, or contrary to the spirit of any Meetup Group;

C. Encouraging others to violate this Agreement;

D. Violate applicable local, state, national or international law, statute, ordinance or regulation.

E. Interference with our Surf Scheduler Platform

You agree that you will not:

(i) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(ii) interfere with or disrupt our Platform or networks connected to our website or through the use of our Platform, or disobey any requirements, procedures, policies or regulations of networks connected to our website or through the use of our Platform, or otherwise interfere with our Platform in any way, including through the use of JavaScript, active or other coding;
(iii) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
(iv) copy, reproduce, alter, modify, or publicly display any information displayed on our website (except for Your Information), or create derivative works from our website (other than from Your Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of Meetup or any other third party, except with the prior written consent of Meetup or the appropriate third party.

You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account or your ability to use all or any portion of our Platform, for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Platform. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Platform.


Be respectful of others. Don't do anything that would harm others. Don't do anything to harm the Surf Scheduler Platform. Don't copy our shit! Don't do anything that would be interpreted as an illegal action.

Surf Meetings and Surf Gatherings

Release. Because we do not supervise or control the Surf Meetings or Surf Gatherings or interactions among between swellbuddy members and other persons or companies, and because we are not involved in any way with physical transportation to or from these Meetings or Gatherings or with the actions of any individuals at these Meetings or Gatherings, and because we cannot guarantee the true identity, age, nationality of Surf Scheduler Platform users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Surf Scheduler Platform you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a Meetings or Gatherings. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction.

We can not be sued for any negative developments related to your communication (online and offline), surf meetings and surf gatherings you participate in based on using our Surf Scheduler Platform because you know the risks and release us from that responsibility.

Privacy

We will not sell, rent or disclose any of your Personal Identifiable Information about you (including your email address) to any third party.

We care about your privacy and encourage you to report anyone spamming you or who you think is abusing our community. Email info [at] aswellbuddy.com

Links

We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that ASwellBuddy.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.

Please do visit our sponsors but know we don't manage their website. If you find a broken link contact us by emailing info [at] aswellbuddy.com.

Trademarks, Copyrights

ASwellBuddy trademarks, service marks, logos, product and service names are trademarks of Design Insomnia. Except as otherwise permitted by law, you agree not to display or use in any manner the ASwellBuddy Trademarks without Design Insomnia's prior written consent.

You acknowledge and agree that our Surf Scheduler Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through our Platform or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented to by Meetup or advertisers in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our Surf Scheduler Platform, in whole or in part.

By indicating during registration that you have read and agreed to the Terms of this Agreement, you are agreeing that you have read and understand this Agreement and agree to all of the terms of this Agreement.