1. Agreement to Terms

By accessing or using SurfSnaps (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.

2. Account Registration and Security

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers, and symbols) with your account.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

3. User Content

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). By uploading Content to SurfSnaps, you represent and warrant that:

You own the Content or have the right to use it and grant us the rights and license as provided in these Terms.
The Content does not violate the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights.
The Content does not contain material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
The Content does not include unsolicited promotion, political campaigning, advertising, or spam.
The Content does not impersonate any person or entity or misrepresent your identity or affiliation with a person or entity.

Photographer Specific Terms

If you upload photographs as a photographer on SurfSnaps:

You retain all ownership rights to your photographs.
You grant SurfSnaps a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display your photographs for the purpose of displaying, promoting, and selling them on our platform.
You are responsible for accurately tagging, dating, and pricing your photographs.
You warrant that all people depicted in your photographs have given appropriate consent for the photograph to be shared and sold.

4. License and Ownership

Your License to Us

When you upload Content to SurfSnaps, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your Content in any existing or future media. This license enables SurfSnaps to:

Display your Content on the Service
Format and resize your Content as needed
Add watermarks to preview images
Promote your Content on our platform and marketing materials
Process transactions when your Content is purchased

Our License to Purchasers

When a customer purchases a photograph, they receive a non-exclusive, personal-use license that allows them to:

Download and store the purchased photograph
Use the photograph for personal, non-commercial purposes
Print the photograph for personal display

Purchased photographs may not be:

Resold or redistributed
Used for commercial purposes without additional licensing
Modified or altered substantially
Claimed as the purchaser's own work

5. Purchases and Transactions

All purchases through our Service are governed by these Terms of Service.

Payment Processing

We use third-party payment processors (e.g., Stripe) to process all transactions. By making a purchase, you agree to the terms of service of these payment processors. SurfSnaps does not store your full payment information.

Payment to Photographers

When a customer purchases a photograph, the photographer will receive payment according to the following terms:

Photographer receives 80% of the sale price after payment processing fees
SurfSnaps retains 20% as a platform fee
Payments are processed according to the photographer's payout schedule
Photographers must have completed all required tax documentation to receive payments

Refunds

Due to the nature of digital downloads, we generally do not offer refunds once a photograph has been downloaded. However, if there are technical issues with your download or if the photograph quality doesn't match what was advertised, please contact our support team within 7 days of purchase.

6. Code of Conduct

While using our Service, you agree not to:

Use the Service in any way that violates any applicable law or regulation
Impersonate or attempt to impersonate another user, person, or entity
Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
Attempt to access areas of the Service you are not authorized to access
Use any robot, spider, or other automated device to access the Service
Upload or transmit viruses, malware, or other malicious code
Collect or track personal information of other users
Spam, phish, or engage in any other unwanted solicitation
Interfere with or circumvent the security features of the Service

7. Copyright Policy

We respect the intellectual property rights of others and expect users of our Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

A physical or electronic signature of the copyright owner or authorized agent
Identification of the copyrighted work claimed to have been infringed
Identification of the material that is claimed to be infringing and where it is located on the Service
Your contact information, including address, telephone number, and email
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law
A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. We also reserve the right to terminate a user's account if they are determined to be a repeat infringer.

8. Disclaimers and Limitations

Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Limitation of Liability

In no event shall SurfSnaps, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

Your access to or use of or inability to access or use the Service
Any conduct or content of any third party on the Service
Any content obtained from the Service
Unauthorized access, use, or alteration of your transmissions or content

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you.

Content Disclaimer and Immunity

SurfSnaps serves as an interactive computer service provider as defined under Section 230 of the Communications Decency Act, 47 U.S.C. § 230 ("Section 230"). Pursuant to Section 230, SurfSnaps is not responsible for any third-party content, including but not limited to photographs, comments, messages, or other materials that are uploaded, posted, published, transmitted, or otherwise made available through the Service by its users. SurfSnaps expressly disclaims any liability arising from the content provided by its users.

As an interactive computer service provider, SurfSnaps cannot be treated as the publisher or speaker of any information provided by users of the Service. While we may moderate content to enforce our Community Guidelines and Terms of Service, such moderation does not create liability for SurfSnaps for content that we may not remove or that we may not discover. SurfSnaps reserves the right, but does not assume any obligation, to monitor or review content posted on the Service.

You acknowledge that all content accessed through the Service is at your own discretion and risk, and you will be solely responsible for any damage or loss that results from the use of such content. SurfSnaps is not liable for any statements, representations, content, or conduct of any third party using the Service, including, without limitation, any defamatory, offensive, or illegal content or conduct.

9. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or delete your account.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Dispute Resolution

If you have any concerns or disputes about the Service, you agree to first try to resolve the dispute informally by contacting us.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Arbitration

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in [Your State], using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

12. Contact Information

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

SurfSnaps, LLC.
Email: support@surf-snaps.com