- YOUR ACCEPTANCE
- WEBSITE ACCESS
Surfexpression.com also reserves the right to terminate a user’s access to the Website at any time in its sole discretion and without prior notice.
You agree not to use or launch any automated system or technological devices or programs that access the Website in a manner that sends more request messages to the surfexpression.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You further agree not to access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose. Notwithstanding the foregoing, surfexpression.com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. surfexpression.com reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information (“Personal Information”) including without limitation individual names, account names, email addresses, or other user identifying information from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
- THIRD PARTY WEBSITES
The Website may contain links to third party websites that are not owned or controlled by surfexpression.com. Surfexpression.com has no control over, and assumes no responsibility for, the content, quality, suitability, functionality, legality, privacy policies, or practices of any third party website. You acknowledge and agree that surfexpression.com is not responsible for the content on the Internet or on webpages that are contained outside the Website. By using the Website, You specifically release surfexpression.com from any and all liability arising from Your access or use of any third party website, Your correspondence or dealings with other users, advertisers, partners, or other third parties found on or though the Website, and/or Your participation in promotions, sweepstakes, campaigns, or any other venture hosted, endorsed, or sponsored by other users, advertisers, partners, or other third parties.
- INTELLECTUAL PROPERTY RIGHTS
The content on the Website including without limitation, all text, graphics, images, photos, computer code, software, scripts, multimedia files, interactive features trademarks, service marks and logos (the “Content”) are owned by or licensed to surfexpression.com, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to You as is for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of surfexpression.com or as expressly provided herein. Surfexpression.com reserves all rights not expressly granted in and to the Website and the Content contained therein.
You agree not to engage in the use, copying, or distribution of any of the Content for any commercial purposes. If You download or print any Content for personal use, You must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content.
- USER SUBMISSIONS
The interactive nature of postings on the Website makes it impossible for surfexpression.com to assume responsibility for any of the information, material, or content posted by users. The ideas, suggestions, opinions, comments, and observations made by surfexpression.com users, and any text, data, photographs, video, music, sound, chat, messages, designs, files or other material provided to surfexpression.com by users (all of which are referred to as “User Submissions”) are not endorsed by surfexpression.com, and we make no guarantee regarding the reliability, accuracy, nature, origin, or quality of any User Submission that is posted on the Website. You acknowledge that You will evaluate and bear any risks related to Your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and Your sole recourse for any damage You may suffer as a result of any User Submission, or any portion thereof, shall be to such individual, and not surfexpression.com.
You shall be solely responsible for Your own User Submission and the consequences of posting or publishing them. You retain all of Your ownership rights in Your User Submissions. However, by submitting the User Submissions to surfexpression.com, You hereby grant surfexpression.com a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submission in connection with the Website and surfexpression.com’s business, including without limitation for promoting, displaying, and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed.
If You choose to post a User Submission on surfexpression.com, we require that You adhere to generally accepted rules of etiquette and standards of behavior, and that Your use of surfexpression.com reflects Your respect for the legal rights of users connected with surfexpression.com. You understand that surfexpression.com does not guarantee any confidentiality with respect to any User Submission.
Surfexpression.com expressly disclaims any and all liability in connection with User Submissions. Surfexpression.com reserves the right to remove Content and User Submissions in its sole discretion and without prior notice.
- RULES OF CONDUCT
The following rules of conduct apply to Your use of the Website and to all User Submissions, whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the Website.
You may not, in connection with the Website:
- Upload, post, email or otherwise transmit any material that is libelous, invasive of another’s privacy, defamatory, pornographic, sexually explicit, unlawful or plagiarized;
- Upload, post, email or otherwise transmit any material that infringes or violates any patent, copyright, trademark, trade secret or other proprietary rights of any person;
- Upload, post, email or otherwise transmit any material that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
- Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation, or otherwise engage in commercial activities within surfexpression.com;
- Upload, post, email, or otherwise transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality or any computer software or hardware or telecommunications equipment;
- Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity;
- Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation;
- Provide false or deceptive information;
- Solicit personal information from anyone under 18;
- Breach a duty of confidentiality by which You are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
- Delete, add or otherwise change other people’s User Submissions.
- DESIGN SUBMISSIONS
If You are submitting a design to surfexpression.com, You agree to additional Terms and Conditions.
- COPYRIGHT INFRINGEMENT
Surfexpression.com respects the intellectual property of others, and we require users of the Website to do the same. Thus, in Your use of and interactions with Surfexpression.com and the Website, You may not post, upload, display, submit, modify, distribute, or reproduce in any way any User Submission that is or contains copyrighted material belonging to others, without obtaining their prior written consent. Surfexpression.com reserves the right, in its discretion, to remove any User Submission if it believes that it may infringe the copyright of any third party, and/or to terminate the accounts of users believed to be infringers.
DMCA Takedown Notification.If You are a copyright owner or an agent thereof and believe that any material on Surfexpression.com infringes Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent with the following information in writing:
- A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- Identification of the copyrighted work (or works) claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Surfexpression.com to locate the material (i.e., providing URLs in the content of an email is the best way to help us locate content quickly).
- Information reasonably sufficient to permit Surfexpression.com to contact You, including Your address, telephone number, and e-mail address at which You may be contacted.
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by You, or Your agent, or the law;
- A statement made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or are authorized to act on the copyright owner’s behalf.
857 Hillside Drive
Palm Harbor, FL 34683
Email: [email protected]surfexpression.com
You acknowledge that if You fail to comply with all of the requirements above Your DMCA notice may not be valid and not be acknowledged by Surfexpression.com.
Surfexpression.com will process and investigate valid notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Surfexpression.com will act expeditiously to remove or disable access to any material claimed to be infringed or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.
Counter-Notice. If You believe that Your User Submission that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the User Submission, You may send a counter-notice to Surfexpression.com’s Designated Agent, which must contain the following information in writing:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Your name, address, and telephone number; and
- A statement that You consent to the jurisdiction of federal district court in the judicial district in which Your address is located, or if Your address is outside of the United States, for any judicial district in which You may be found and that You will accept service of process from the person who provided the initial notification of alleged infringement.
- MODIFICATIONS TO THE WEBSITE
Surfexpression.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Surfexpression.com shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website
Termination of Your Surfexpression.com account includes: (i) removal of access to all pages within the Website; (ii) deletion of Your password and all related information, files and materials, including User Submissions associated with or inside Your account (or any part thereof); and (iii) barring of further use of the Website. Further, You agree that all terminations for cause shall be made in Surfexpression.com’s sole discretion and that Surfexpression.com shall not be liable to You or any third party for any termination of Your account, any associated email address, or access to the Website.
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
IN NO EVENT SHALL SURFEXPRESSION.COM, OR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF SURFEXPRESSION.COM, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SURFEXPRESSION.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Surfexpression.com from its facilities in the United States of America. Surfexpression.com makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- INTELLECTUAL PROPERTY
The Surfexpression.com Website is owned by Surfexpression Inc. No portion of the Website may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of Surfexpression.com.
All of the Surfexpression.com trademarks, including but not limited to SURFEXPRESSION, are owned by Surfexpression Incorporated and may not be used for any purpose without the prior written permission of Surfexpression.com.
- We may use third-party advertising companies to serve or track ads on our website and other websites. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to measure advertising effectiveness and to provide advertisements about goods and services that may be of interest to you.
- INFORMATION COLLECTION AND USE
- com does not require that you register in order to view its products or User comments. Registration is required to use certain interactive features such as posting comments, following, receiving email notifications, receiving website notifications, participating in the blog forums, and in order to submit ideas and participate in competitions.
- com collects personal information when you register with Surfexpression.com, when you visit the Website, when you make a purchase, or any time you provide information to Surfexpression.com about yourself. Surfexpression.com may combine information about you that we have with information we obtain from business partners or other companies.
- com automatically receives and records other non-personally-identifying information (“Non-Personal Information”) on our server logs from your browser even if you do not register with Surfexpression.com, for example, your IP address, Surfexpression.com cookie information, and the pages you visit.
- com uses Non-Personal Information for the following general purposes: to customize the advertising and content you see, improve our services, conduct research, and provide anonymous reporting for internal and external clients.
- In order to participate on this Website, we request certain personally identifiable information from you on the registration form and require you to create a user name and password. During registration you are required to give contact information (such as name and email address). We use this information to contact you about the services on our site in which you have expressed interest. When you register with Surfexpression.com and sign in to our services, you are not anonymous to us.
- You have the option to provide demographic information (such as gender, birth date and general location) to us; we encourage you to submit this information to so we can provide you a more personalized experience on our site.
- Surfexpression Inc. is the sole owner of the information collected on Surfexpression.com.
- Surfexpression Inc. collects personally identifiable information from our users at several different points on our Website.
- If you purchase a product or service from us, we request certain personally identifiable information from you on our order form. You must provide contact information (such as name, email and shipping address) and financial information (such as credit card number, expiration date and the 3 digit security code). We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
- If you opt in to our newsletter, register a user account, or make a purchase, we may contact you by email. We may receive a confirmation when you open an email. Surfexpression uses this confirmation to help make emails more interesting and helpful and improve our service. If you do not want to receive email or other mail from us, please indicate your preference by using the “Unsubscribe” feature in any email we send to you or by emailing us at [email protected]
- We provide you the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes, when we ask for this information. For example, if you purchase a product or service from us but do not wish to receive any additional marketing material from us, you can indicate your preference on our order form.
- If you no longer wish to receive our newsletter, email notifications or promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter, email notification or communication or by emailing us at [email protected]
- You will be notified when your personally identifiable information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.
- If you choose to use our email referral service to tell a friend about our site and products, we will ask only for your friend’s email address. We will automatically send your friend a one-time email inviting them to visit the Website. Surfexpression stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Your friend may contact us at [email protected] to request that we remove this information from our database.
Children Under 13
- com is committed to protecting the privacy of children. Surfexpression.com does not knowingly or intentionally collect personal information online from children under the age of 13.
- INFORMATION SHARING AND DISCLOSURE
- com does not rent, trade, or share Personal Information with third parties except to provide products or services you’ve requested, when we have your permission, or under the following circumstances:
- We use other third parties such as a shipping company to fulfill orders, a credit card processing company to bill you for goods sold on our website, and an email service provider to send out emails on our behalf. When you make a purchase on our website or sign up for our email list, we will share the necessary amount of personally identifiable information as necessary for the third party to provide that service, including your name, address, credit card information and email address. These third parties are prohibited from using your personally identifiable information for promotional purposes.
- We provide Non-Personal Information to interested third-parties for purposes of understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Website.
- We use both your Personal Information and certain Non-Personal Information to improve the quality and design of the Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
- We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, or legal process served on our Website.
- In the event Surfexpression Inc goes through a business transaction, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via email of any such change in ownership or control of your personal information.
- If you use a blog on www.Surfexpression.com, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these blogs, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs.
- We post customer news and/or events on our website which may contain personally identifiable information. We do obtain the customer’s consent via email prior to posting the news and/or event to post their name along with their news and/or event.
- COOKIES AND WEB BEACONS
- We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.
- We set a persistent cookie to store your passwords, so you don’t have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site.
- If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as the shopping cart and design scoring pages, will be limited.
- com does utilize tracking technology to better understand site traffic patterns and use. However, none of the information collected via tracking technology is personally identifiable information.
- As part of our tracking utility, we have implemented Google Analytics Demographics and Interest Reporting. These reports rely on the same technology that informs advertising targeting on the Google Display Network. Surfexpression uses this non-personally identifiable information to understand our audience better and inform communication and strategy decisions for our business. Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using Google Ads Settings, which will also opt the visitor out of non-personally identifiable demographic and interest tracking. Visitors can also take greater control of their privacy preferences through Google Analytics’ currently available opt-outs for the web.
- If you click on a link to a third party site, including on an advertisement, you will leave Surfexpression.com and go to the site you selected. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your personally identifiable information by such third parties, and we cannot guarantee that they will adhere to the same privacy practices as Surfexpression.com. We encourage you to review the privacy statements of any other service provider from whom you request services.
- com may use web beacons in connection with e-mails sent to Surfexpression.com users, to let us know whether and when the email was opened. No personal information is transmitted through web beacons.
- Our third party advertising partner employs a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ personally identifiable information. To learn more about our advertising company’s use of clear gifs, please go to http://www.doubleclick.com/privacy/faq.aspx
- CONFIDENTIALITY AND SECURITY
- We follow generally accepted industry standards to protect the personally identifiable information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you have any questions about security on our Website, you can send us an email at [email protected]
- We limit access to Personal Information about you to employees who we believe reasonably need to come into contact with Personal Information to provide products or services to you or in order to do their jobs.
- The security of your personal information is important to us. When you enter sensitive information (such as a credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).
- YOUR ABILITY TO EDIT AND DELETE YOUR ACCOUNT INFORMATION
- If your personally identifiable information changes, or if you no longer desire to maintain an account on Surfexpression.com, you may correct, update, amend, delete/remove or deactivate it by making the desired changes on account profile page (http://www.surfexpression.com/account) or by emailing our customer support at [email protected]. We will respond to your request to access within 30 days.
- INTERNATIONAL USERS
Surfexpression.com may update this policy at any time in its sole discretion and without prior notice. We will strive to notify you about significant changes in the way we treat Personal Information by sending a notice to the primary email address specified in your Surfexpression.com account and/or by placing a notice on the Website.
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.
- EFFECTIVE DATE
- CONTACT INFORMATION
857 Hillside Drive
Palm Harbor, FL 34683