Terms of Service

SurfMiami® (www.surfmiami.com), (the "Publisher"), Website Users and Advertisers agree as follows:

SurfMiami Web Site Terms and Conditions of Use

In General. This Web site is provided to you by SurfMiami. Access to and use of this Web site and the services available at this Web site are subject to the following terms and conditions as set forth in this notice. By accessing or using the Web site or downloading materials from the Web site, you agree to be legally bound by the terms and conditions set forth below without any modification. Please, review them carefully. If you do not agree to the terms, do not use this Web site.

Best Viewing Practices. This site makes use of dynamic HTML and is designed to display properly in Safari, Mozilla Firefox, or Microsoft Internet Explorer 6.x or higher. Quicktime is required to view the surfcam.

Surfcam and Uptime. The surfcam is pointed between 1st-3rd street depending on conditions. We zoom telephoto the camera close enough to receive a good image of the wave heights without loosing quality. We use a wide angle lens to capture as much beach frontage as possilbe. We use our best efforts for as close to 100% uptime of webcam surfcam images. We cannot be responsible for low light conditions or mechanical issues that may cause downtime. All downtime is temporary and we correct the problem in hours if not minutes.

Copyright and Trademarks. The copyright in this entire Web site is held by SurfMiami, Inc. All material provided on this Web site is protected under United States copyright laws and international copyright laws and treaty provisions. Except as expressly provided herein, none of the material provided on this Web site may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form for commercial use without the prior written permission of SurfMiami. Individual visitors of this Web site are permitted to download or print one copy of material published on this Web site solely for their personal, non-commercial use, provided that they do not modify the materials and that they retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of the terms and conditions contained herein. SurfMiami does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret laws. The trademarks, logos and service marks (collectively referred to as "Trademarks") displayed on this Web site are registered and unregistered Trademarks ofSurfMiami and no trademark license either express or implied is granted by SurfMiami. You do not have any right to use any Trademark displayed on this Web site without prior written permission of SurfMiami Trademarks are one of our most valuable business assets. In the event of unauthorized use or misuse of its Trademarks SurfMiami will pursue its legal remedies without delay.

Electronic Information Submitted to this Web site. Any communication or material other than your personal information submitted to this Web site by electronic mail is the exclusive property of SurfMiami and is considered to be non-confidential and non-proprietary. Such communication may include without limitation questions, comments, suggestions and ideas. SurfMiami shall be free to use them for any purpose whatsoever without restriction or compensation.

Disclaimer. THE INFORMATION IN THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SurfMiami SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR TECHNICAL INACCURACIES IN THIS WEB SITE.

This Web site is primarily for the benefit and use of SurfMiami's dealers, customers and potential customers. SurfMiami is constantly improving its products and services and reserves the right to make such improvements or changes to this Web site, the materials, products, services or prices posted in this Web site without prior notice as it deems necessary.

As a convenience to you, SurfMiami provides links to Web sites operated by others. SurfMiami makes no representations about Web sites accessed from this Web site which are not maintained, controlled or created by SurfMiami and does not endorse any linked Web sites or the information appearing thereon. Links do not imply that SurfMiami endorses, is affiliated with or associated with such linked Web sites.

You can direct any questions concerning these Terms and Conditions of Use to:
SurfMiami
301 Ocean Drive, #505
Miami Beach, FL 33139
Attention: Legal Department
E-mail: surfer@surfmiami.com

All advertisements are accepted and published on the representation that the Advertiser and/or the Advertising Agent are authorized to publish the entire contents and subject matter thereon. No conditions printed or otherwise appearing on the insertion order, billing instructions or copy instructions which conflict with the publisher's stated policies will be binding on the publisher. Publisher will not be liable for any oral agreements or specific arrangements contrary to or in addition to this contract. All advertising orders are accepted subject to the terms and provisions of the current rate card. Orders are accepted subject to change in rates upon notice from the publisher. In the case of advertising placed by an agency, the agency and the client in whose name the agency is placing the ad are jointly and severally liable for the price of the advertising space. Payment for advertising is due in advance. Funds collected in advance of advertising produced are non-refundable. Failure to acknowledge or return of ad proof will not alter contract payment terms or obligations. Publisher reserves the right to decline or reject any advertisement for any reason at any time without liability even though previously acknowledged and accepted. Publisher assumes no liability for errors, omissions of key numbers or omission of an advertisement for any reason whatsoever.

Advertisement. Publisher's maximum liability for any error will not exceed the charge for the advertisement in question. Positioning of advertising is at the discretion of the publisher. No positions will be guaranteed unless the position premium has been provided for in the contract and paid. We will do our best to honor positioning requests but will not be held liable if such requests cannot be accommodated. An advertising order may not be changed or canceled after the closing date of the issue in which the advertisement is scheduled to be published. If instructions to change copy are not received by the closing date, copy run in a previous issue will be published. Frequency discounts are based on calendar year. Cancellation of space reservation by the advertiser or its agent will result in an adjustment of the rate based on past and subsequent insertions to reflect actual space used at earned frequency or volume rate.

Advertisers and their agencies assume liability for all content of advertisements printed and for any claims arising therefrom made against the Publisher. In consideration of publication of the advertisement, the advertiser and agency will fully indemnify and hold the publisher harmless from all costs, expenses (including reasonable attorneys' fees) and liabilities resulting from or arising in connection with publication of the advertisement. Publisher is not liable for delays in delivery and/or non-delivery in the event of an Act of God, or any condition beyond the control of the publisher affecting production in any manner.

Privacy

Our Commitment to Your Privacy. SurfMiami respects your privacy. We are particularly sensitive to privacy issues on the Internet and Wireless, therefore we provide this Privacy Policy so you know about our information practices and understand how we treat the information we receive about you.

The Information We Collect.
In general, you can browse our use our services without telling us who you are or revealing any personal information about yourself. We are, however, able to determine your IP address and wireless number. We use your IP address and wireless number to help diagnose problems with our server, to administer our Web site and services, to measure the use of our Web site and services and to improve the content of our Web site and services. In short we use your IP and wireless number to gather aggregate demographic information. There are a few places where we give you an opportunity to provide us your personal information. This refers to information that lets us know the specifics of who you are. When you engage in certain activities on our web site or with our services, such as ordering a product, entering a contest or sweepstakes, filling out a survey, sending us feedback, requesting owners and parts manuals or registering your product online, we may ask you to provide certain information. If you choose to share any personal information with us, you will see that the amount and type of personal information we request depend on how you use our Web site amd services. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), e-mail address, telephone and facsimile numbers, and other personal identifying information. When ordering products on our web site, you may be asked to provide a credit card number. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
Additionally, our website employs the use of cookies in certain areas. Cookies are small bits of information stored on your browser. Cookies enable browsers to "remember" information related to a specific user, and also improve navigational reliability within a given site. The use of cookies allows us to recognize you every time you visit, and to personalize our website to better suit your needs. If you are uncomfortable with storing cookies on your browser, you may set your browser specifically to reject cookies.
The Way We Use Information
We may use your personal information for particular purposes such as processing your order. We will never send you unsolicited information via wireless unless you specifically have requested and opted-in for such. We do not share your wireless information with SurfMiami's affiliates, dealers or other business partners unless you have expressly given us permission and/or requested that we do so.

Updating and Correcting Your Personal Information.
You may access and correct your personal information by e-mail, or by writing us at:

SurfMiami, 
301 Ocean Drive, #505
Miami Beach, FL 33139 
Attention: Privacy 
E-mail
Please include your name, address, mobile number and/or e-mail address when you contact us.

We encourage you to promptly update your personal information if it changes.

Your Choice on Collection and Use of Your Information.
We will encourage our service partners to adopt and post privacy policies. However, the use of your personal information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control. Our websites may contain links to other non-SurfMiami Web sites. SurfMiami is not responsible for the privacy practices or the content of such Web sites and you should exercise your best judgement when sharing personal information on these Web sites.

Our Commitment to Security of Your Personal Information.
We want you to have continuing trust in SurfMiami and in our products and services; therefore, we have put in place reasonable physical, electronic and managerial procedures to safeguard and secure your personal information.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations of the Internet and wireless which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through our web site or wireless cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

By using this Web site and our services you are agreeing to the terms of the SurfMiami Privacy. We reserve the right to modify our privacy policy as business needs require. We will post such changes on our Web sites.

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