1. Welcome to iSurf.pics

Welcome to iSurf.pics, a dedicated online hub for sharing captivating surf photos. Our digital space is designed for the enjoyment and contribution of the general public, avid surfers, non-commercial professional photographers, and professional photographers alike. By accessing, using, or contributing to iSurf.pics, you are agreed to these comprehensive Service Provisions. If you do not agree, please refrain from using our platform.

2. Agreement to These Provisions

Your interaction with iSurf.pics, in any capacity, signifies your explicit consent to these Service Provisions. This document outlines the mutual understanding and legal framework governing your use of our services. Your continued use of the platform after any updates means you accept the revised terms.

3. Who Can Use iSurf.pics?

To ensure a safe and responsible environment, users must typically be at least 18 years old. If you are between 13 and 17, you may use iSurf.pics with the express permission and supervision of a parent or legal guardian. By proceeding, you affirm you meet these eligibility criteria.

4. Content Guidelines and Rights on iSurf.pics

4.1 Your Contributions (User Content)

Any photos, videos, text, or other materials you upload, post, or display on iSurf.pics are referred to as "User Content." You are solely responsible for all User Content you provide, ensuring you have all necessary permissions and rights to do so.

4.2 Ownership of Your Creations

You maintain full ownership and all intellectual property rights, including copyright, over your User Content. iSurf.pics does not claim to own the User Content you upload. However, by contributing to iSurf.pics, you grant us a broad, enduring, non-exclusive, royalty-free, transferable, and sublicensable permission to use, reproduce, modify, display, distribute, and create derivative works from your User Content. This permission extends to supporting and promoting iSurf.pics, and notably, for commercial purposes to help cover the site's operating expenses, as detailed in Section 7.

This means that while your content remains yours, iSurf.pics has the right to utilise it commercially to ensure the platform's ongoing viability, even if you initially made it available for free.

4.3 Using Content Labelled "Free"

User Content explicitly marked as "free" on iSurf.pics is intended strictly for personal enjoyment and non-commercial purposes by other users. This permits activities such as private viewing, sharing among friends and family, or use as personal digital backgrounds. Critically, "free" content may not be used for any commercial gain or venture by the downloading user, unless separate, direct authorisation is secured from the content owner outside of iSurf.pics.

4.3.1 Fee for Community-Added Content

While community-added media is currently provided free of charge for personal and non-commercial use as outlined in 4.3, users acknowledge and agree that iSurf.pics reserves the right to introduce a future charge of $2.00 per download to cover operational and infrastructure costs associated with hosting and maintaining the community-added media services. Users will be notified in accordance with Section 9 ("Changes to These Provisions") before this fee is implemented.

4.4 iSurf.pics's Stance on Content Responsibility

iSurf.pics explicitly states that it does not own, endorse, or take responsibility for any User Content uploaded to the site. The material and opinions presented by users are their own, and iSurf.pics does not validate or condone them.

4.5 Content You Cannot Upload

To maintain a positive and legal environment, you must not upload, post, or share any User Content that is:

• Illegal or encourages unlawful activities.
• Rude, offensive, abusive, defamatory, hateful, or harassing.
• Obscene, sexually explicit, pornographic, or involves child exploitation.
• Infringing upon anyone's copyright, trademark, patent, or other intellectual property rights.
• A violation of another person's privacy or publicity rights.
• Designed to impersonate others or misrepresent your affiliation.
• Contains harmful software, viruses, or corrupted data.
• Inconsistent with the surf-photo sharing mission of iSurf.pics.

iSurf.pics reserves the right to remove any such content and take appropriate action, without prior notice, at our sole discretion.

5. Our Limitations of Responsibility

Your experience on iSurf.pics is provided "as is" and "as available." We endeavour to provide a functional service, but cannot guarantee perfection.

5.1 Protection Against Content Loss

iSurf.pics cannot be held responsible for any loss, corruption, or deletion of your information, images, or other User Content. We strongly advise all users to maintain their own backup copies of all materials uploaded to the site to prevent unforeseen data loss.

5.2 Protection Against Financial or Other Damages

iSurf.pics will not be liable for any loss of income, lost profits, business interruption, or any other direct, indirect, special, incidental, or consequential damages that may arise from your use of, or inability to use, our services, or from any User Content, even if we were aware of the possibility of such damages.

6. Photographer Booking and Terms of Engagement

These terms govern the use of the iSurf.pics platform to book a photography shoot with an independent photographer (Photographer).

6.1 Payment and Pricing

• Pre-Authorisation: Payment for the shoot must be pre-authorised by the client at the time of booking.
• Charge Trigger: The client's account will be charged when the Photographer uploads the final, agreed-upon images to the iSurf.pics platform for the client to access.
• Pricing Finality: The price confirmed at the time of booking is final. Any changes to the scope of work (e.g., extending shoot time or requesting additional editing) must be mutually agreed upon via the internal messaging system and may result in an additional charge.

6.2 Cancellations, Rescheduling, and No-Shows

• Client Cancellation: A client may cancel a booking anytime up to 24 hours prior to the scheduled booking time for a full refund. Cancellations made less than 24 hours before the booking time may result in the forfeiture of the booking charge, as the Photographer cannot re-book the slot.
• Weather-Related Changes: A booking may need to be cancelled or rescheduled due to adverse weather or dangerous surf conditions at the Photographer's discretion. In this case, the client is entitled to a full refund or a free reschedule.
• Photographer No-Show/Late Arrival: The Photographer will wait a maximum of 30 minutes at the agreed-upon location. If the client does not arrive within this time, the booking is deemed a client no-show, and the fee may be forfeited.
• Photographer Cancellation: In the unlikely event the Photographer must cancel for any reason other than weather, the client is entitled to a full refund, including any iSurf.pics administration fees. iSurf.pics will facilitate this refund immediately.

6.3 Content Ownership and Usage

• Image License: The booking fee grants the client a non-exclusive, non-transferable license for personal, non-commercial use of the final images. Any commercial use (e.g., advertising, merchandise) requires a separate written agreement with the Photographer.
• Photographer's Rights: The Photographer retains full copyright of all images and reserves the right to use images from the shoot for their professional portfolio, website, and social media promotion.
• Content Delivery & Style: The Photographer agrees to deliver the final images in their unique artistic style, including color correction and basic retouching, within the time frame specified in the booking details (typically 7-14 days).

6.4 Disputes and Liability

• Dispute Resolution: Any disputes regarding the content, quality, or delivery of the images are solely between the client and the Photographer and are not the responsibility of iSurf.pics.
• Mandatory Communication: Clients and Photographers must use the internal booking messaging system for all critical communication (location changes, timing, specific requests) to ensure a complete, traceable record is kept in case of an issue.
• Refund Process: iSurf.pics can only process and credit charges (less applicable administration fees) when the refund is explicitly approved by the Photographer and the corresponding refund money has been returned to the iSurf.pics account.
• Client Safety: The client is responsible for their own safety and the safety of their equipment while on location. The client must follow all reasonable instructions from the Photographer.

7. Monetisation and Financial Aspects

7.1 Supporting iSurf.pics Operations

To sustain our platform and its services, you acknowledge that iSurf.pics may sell content that users initially contributed for free. This mechanism is crucial for covering operational expenses and ensuring the continued availability and improvement of iSurf.pics.

7.2 Our Commission Structure

For any images or associated services successfully sold through the iSurf.pics marketplace (including Photographer bookings), we will apply a commission fee on the sale price. Specific details regarding commission rates and payment processes will be outlined in a separate Payment Terms document, which complements these provisions.

8. Your Account's Security

You are solely responsible for maintaining the confidentiality of your iSurf.pics account login details. Any activities occurring under your account are your responsibility. Please inform us immediately if you suspect any unauthorised access to your account.

9. Changes to These Provisions

iSurf.pics reserves the right to update or modify these Service Provisions at any time. We will notify you of any significant changes by posting the updated terms on our website. Your continued use of iSurf.pics after such changes indicates your agreement to the new provisions.

10. Concluding Points

These Service Provisions represent the complete agreement between you and iSurf.pics. Should any part of these provisions be deemed invalid, the remainder of the agreement will remain fully enforceable.

11. Get in Touch

For any questions, concerns, or feedback regarding these Service Provisions, please contact the iSurf.pics support team via the designated contact methods available on our website.