General:
Welcome to the Froth (“Mobile Application” or “Website” or “Site”). These Terms and Conditions (“Terms”) sets for the agreement between Orphan Boards, its parent, subsidiaries and other affiliated companies (collectively, “Orphan Boards” or “we”) and each user (“you” or “user”) governing the use by you of the Mobile Application/Website. Please read these Terms carefully before using the Mobile Application/Website. Orphan Boards offers, as a social marketplace, a platform where users may buy and sell surf related products and post surf and weather conditions and interact socially regarding any and all things surf related. By using the Mobile Application/Website, you agree to be bound by these Terms. If you do not agree to the terms and conditions contained herein, you may not access or otherwise use the Mobile Application/Website.
We may change or update these Terms so please check this page regularly. We do not represent or warrant that the information on our Mobile Application/Website is accurate, complete or current. This includes pricing and availability information. We reserve the right to correct any errors or omissions, and to change or update information at any time without giving prior notice.
Age Restrictions:
The Mobile Application/Website is intended to be used by adults, as defined under any applicable law in your jurisdiction. If you are a minor, you need permission of your parent or legal guardian in order to use the Service. In this case, the legal representative is liable for any acts committed by the minor. Please, if you are a minor and you do not have your legal representative’s permission, stop using the Mobile Application/Website. You further warrant that you are an adult under the applicable law. In the event that the information you provide in this regard is not truthful, Orphan Boards shall not be liable as it cannot with certainty verify the age of the users. To sell or purchase products using the Mobile Application/Website, users who are minors under applicable law will need the specific permission of their parent or legal guardian.
Account Creation:
To use or access certain functionalities of the Mobile Application/Website you need to register, by providing us your name, address, phone number, gender, age and e-mail address. We may also require other information including profile picture, and user name for purposes of making available that information on the Mobile Application/Website You agree to provide accurate, current, and complete account information about you as may be prompted by the registration and/or login form on the Site.
Account Security:
By opening an account, you accept and assume all liability that may arise in any activity that occurs under your username and password. You are responsible for maintaining the confidentiality of the username and password that you designate during the account registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Orphan Boards of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Orphan Boards will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.
Features of the Service:
The Service will allow some of the following features:
(a) Sharing with all Froth users’ information, images, photos as well as other data or personal information by posting a listing.
(b) Putting products on sale as a seller user and making offers as a buyer user in order to purchase or negotiate the sale of products.
(c) Interacting with other users of Froth through a private chat to coordinate the purchase of listed products.
(d) Posting current surf conditions for various beaches.
(e) Interact with other surfers socially using the platform.
Copyright & Trademarks:
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, written and any other materials that appear as part of the Mobile Application/Website on the Mobile Application/Website are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by Orphan Boards. The Mobile Application/Website as a whole are protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by Orphan Boards. You may not post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information unless under fair use or obtaining written consent of the owner of such proprietary rights.
License:
Subject to the terms of this Agreement, grants you a nontransferable, non-exclusive, license to use the Site and Site for your personal, noncommercial use. In addition, you hereby grant Orphan Boards a non-exclusive license in perpetuity to use all copyrights, trademarks and any other materials you may own and/or display on the Mobile application/Website for the purpose of our marketing or social media use. However, Orphan Boards assumes no responsibility for the intellectual property rights of the content that seller users include in the listings of its products.
Disclaimer of Warranties; Limitation of Liability:
Orphan Boards does not assume any responsibility nor warrants the products sold by using the Site, or the accuracy of surf conditions,weather reports, and other surf related information provided by users of the site. All information of the products advertised on the Mobile Application/Website has been built and published by the user which is selling the product. Consequently, Orphan Boards cannot guarantee the quality of the same, as well as the veracity of the images and/or descriptions published by the seller users. However, if we are made aware of any inappropriate listings or behavior by a user, we may elect to remove such posting and/or terminate their the user’s account.
The transaction takes places and is decided exclusively between the buyer and seller, and Orphan Boards only provides use of the Mobile Application/Website for advertising purposes. Any claim or dispute that may arise between buying and selling users must be settled solely between them, and all users agree to hold Orphan Boards harmless.
We do not guarantee, represent or warrant that your use of our Mobile Application/Website will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Mobile Application/Website for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Mobile Application/Website delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Orphan Boards, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Prohibited Items:
Orphan Boards prohibits the listing or sale of any items that are illegal under any applicable law, statute, ordinance or regulation at a local, state, provincial, national or international level. Some examples of items that are not allowed include, but are not limited to the following:
• Photos that do not show the item clearly.
• Internet photos not taken or owned by yourself.
• Items infringing on trademarks, copyrights or any other IP rights of third parties.
• Item is perishable (food etc.) or live animals.
• Advertisements.
• Photo or text containing a reference to another website, mobile application or merchant.
• Items that are defective or of poor quality.
• An item listed as “free” but is not intended to be given away.
• There is no realistic price set for the item.
• Duplicated listings
• Other items that are specifically prohibited include:
o Alcoholic Beverages
o Blood, Bodily Fluids and Body Parts
o Burglary Tools
o Controlled chemical substances (such as cadmium, mercury, acids)
o Counterfeit currency, stamps or coins
o Counterfeit Products
o Databases containing personal data
o Electronic Surveillance Equipment
o Embargoed Goods
o Government, official and Transit Uniforms, IDs and Licenses
o Illegal Drugs and Drug Paraphernalia
o All types of illegal Site and products
o Hacking tools
o Hazardous Materials
o Fireworks, Destructive Devices and Explosives
o Identity Documents, Personal Financial Records and Personal Information (in any form, including mailing lists).
o Items received through Government assistance
o Items which encourage or facilitate illegal activity
o Lottery Tickets, Sweepstakes Entries and Slot Machines
o Obscene Material and all types of Pornography
o All type of offensive material
o Pesticides
o Pictures or images that contain frontal nudity
o Police and Other Security Forces Badges and Uniforms
o Prescription Drugs, medicines, supplements and Devices
o Recalled items
o Sexually suggestive clothing including but not limited to underwear, lingerie, and erotic costumes
o Stocks and Other Securities
o Stolen Property
o Tobacco Products (including vapes and e cigarettes)
o Used Cosmetics
o Weapons and related items (such as firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives, and martial arts weapons).
In addition, Orphan Boards reserves the right to remove any listings that we consider inappropriate, unfit for posting, or unrelated to the action sports industry in any way. Our policies are often based on applicable laws and regulations, although in some cases, we may make listing decisions based on input from our users and our own discretion, especially for dangerous or sensitive items. If you see an item that violates these Terms please send details regarding the item to support@orphanboards.com.
Prohibited Uses:
As a condition of use, you promise not to use the Mobile Applicatoin/Website, specifically the chat feature, for any purpose that is unlawful or prohibited by these Terms, or any other purpose not intended by Orphan Boards. We allow you to chat with other users and post on the Mobile Application/Website solely for the purpose of buying and selling surf related products or to post surf conditions for local beaches. Including the following, but not limited to, you agree not to use the Mobile Application/Website or the chat feature of the Mobile Application/Website for any of the following purposes:
1) To abuse, harass, threaten, impersonate or intimidate any person;
2) To post or transmit, or cause to be posted or transmitted, any visual content or communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane or that infringes any copyright or other right of any person;
3) For any purpose that is not permitted under the laws of the jurisdiction where you are accessing the Mobile Application/Website;
4) To post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account or private information from any other user on the Site;
5) To create or transmit unwanted ‘spam’ to any person or any URL;
6) To post copyrighted content that does not belong to you;
7) You agree not to use any robot, spider, scraper or other automated means to access or use the Mobile Application/Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Mobile Application/Website or any activities conducted on the Mobile Application/Website; (iii) bypass any measures we may use to prevent or restrict Mobile Application/Website access;
8) To advertise to, or solicit, any user to buy or sell any third party products or Mobile application/Website, or to use any information obtained from the Mobile Application/Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
We are not liable for any content or communications posted or transmitted through the Mobile Application/Website by another user. To report a suspected abuse of the Mobile Application/Website or a breach of the Terms please send written notice to Orphan Boards by email to: support@orphanboards.com. You are solely responsible for your interactions with other users of the Mobile Application/Website. Orphan Boards has no obligation to monitor disputes between you and other users.
Force Majeure:
In case of force majeure, we are not obliged to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate the agreement.
Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include, but are not limited to, strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the Mobile Application/Website, or the unavailability of certain aspects of the Mobile Application/Website.
Indemnification:
You agree to indemnify, defend and hold harmless Orphan Boards and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability:
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Entire Agreement and Waiver:
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the Mobile Application/Website or in respect to the Mobile Application/Website constitutes the entire agreement and understanding between you and us and govern your use of the Mobile Application/Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Changes to Terms:
We reserve the right to modify the Terms at our sole discretion, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Mobile Application/Website. If we make material changes to this policy, we will notify you here that it has been updated. Continued use of the Mobile Application/Website following such changes shall constitute your acceptance of such changes and agreement to be bound by the revised Terms.
Applicable Law and Jurisdiction:
These Terms and any separate agreements whereby we provide you on the Mobile Application/Website shall be governed by the laws of the State of California. The parties agree exclusive jurisdiction shall be in San Diego County, California for any and all issues arising out of the Terms or any related documents or transactions, or to the applicable jurisdiction in case of contracting with other consumers to purchase goods.
Contact Information:
Orphan Boards
P.O. Box 212111
Chula Vista, CA 91921
support@orphanboards.com
