Terms and Conditions – SurfShare

These Terms and Conditions govern your use of the SurfShare website and related services (“Service”). By accessing or using SurfShare, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

We may update these Terms at any time. Continued use of the Service constitutes acceptance of any changes.

Nature of the Service

SurfShare is an online marketplace that allows photographers (“Contributors”) to upload surf photography and allows users (“Customers”) to browse, purchase, and download digital images.

SurfShare acts as a platform to facilitate transactions between Contributors and Customers.

Eligibility and Accounts

To use SurfShare, you must:

• Be at least 18 years old
• Provide accurate and complete information when creating an account
• Maintain the confidentiality of your account credentials

You are responsible for all activity under your account.

We reserve the right to suspend or terminate accounts at our discretion.

Contributor Terms (Photographers)

By uploading content to SurfShare, you agree that:

• You own or have the necessary rights to upload and license the content
• Your content does not infringe any third-party rights (including copyright or privacy rights)

Ownership:

You retain ownership of your content.

Contributor Terms (Photographers)

By purchasing content on SurfShare:

• You are purchasing a personal-use license only, not ownership of the image
• You must not:
• Use the image for commercial purposes
• Resell, redistribute, or sublicense the image
• Use the image in a way that infringes the rights of the photographer or any third party

All purchases are final unless required otherwise under Australian Consumer Law.

Payments, Fees and Commission

Commission Structure:

Contributor earnings are based on a tiered commission model:

• Bronze: 70% Contributor / 30% SurfShare
• Silver: 80% Contributor / 20% SurfShare
• Gold: 90% Contributor / 10% SurfShare

SurfShare reserves the right to determine contributor tiering and may adjust tiers at its discretion.

In some instances, SurfShare may waive its commission entirely at its sole discretion.

Payouts

• Payments to Contributors are intended to be automated
• If automated payments fail, SurfShare will process payouts manually on a monthly basis
• All payouts are currently made via Stripe
• Contributors are responsible for providing accurate payment details

SurfShare is not responsible for delays caused by third-party payment providers.

Intellectual Property

• All intellectual property rights in the Service (excluding user content) are owned by or licensed to SurfShare.
• You must not reproduce, copy, or exploit any part of the platform without permission.
• Nothing in these Terms transfers ownership of intellectual property to you.

Acceptable Use

You agree not to use the Service:

• In breach of any law or regulation
• To infringe the rights of others
• To upload harmful code (viruses, malware)
• To send spam or unsolicited communications
• To interfere with the operation or security of the platform

Copyright and Takedown

SurfShare respects intellectual property rights and will respond to claims of infringement.

We may remove or disable access to content upon receiving a valid complaint or where we reasonably believe content infringes third-party rights.

Third-Party Links and Services

SurfShare may include links to third-party websites or services. We are not responsible for their content or practices.

Termination

We may suspend or terminate your account at any time if you:

• Breach these Terms
• Engage in fraudulent or harmful activity
• Misuse the platform

Termination may result in loss of access to your account and content.

Disclaimer

The Service is provided “as is” and “as available”.

We do not guarantee that:

• The Service will be uninterrupted or error-free
• Content will be accurate or reliable
• The platform will meet your specific requirements

Limitation of Liability

To the maximum extent permitted by law:

• SurfShare is not liable for any indirect, incidental, or consequential loss
• We are not responsible for user-generated content or transactions between users

Where liability cannot be excluded, it is limited to the minimum permitted by law.

Indemnity

You agree to indemnify SurfShare against any claims, damages, or losses arising from:

• Your use of the Service
• Your content
• Your breach of these Terms

Privacy

Your use of SurfShare is also governed by our Privacy Policy.

General

• These Terms are governed by the laws of Western Australia, Australia
• If any provision is invalid, the remaining provisions remain in effect
• These Terms constitute the entire agreement between you and SurfShare

Contact

• For questions regarding these Terms, contact:
• Email: admin@surfshare.com.au