Terms of Use
Terms of Use
Terms of Use
TERMS OF USE – SURFGRAPHIX
Last updated: 01/12/2025
Welcome to Surfgraphix (“Surfgraphix”, “we”, “our”, or “us”).
By accessing or using the Surfgraphix website, marketplace, or services (“Platform”), you agree to the following Terms of Use (“Terms”).
If you do not agree, please do not use the Platform.
Definitions
“Platform” – The Surfgraphix website and all related services.
“User” – Anyone accessing the Platform, including photographers and surfers.
“Photographer” – Any person who uploads, licenses, or sells media on Surfgraphix.
“Surfer / Customer” – Anyone purchasing or accessing videos.
“Content” – Any photo, video, text, or material uploaded to Surfgraphix.
“Session” – Footage filmed at a surf location on a specific date and time.
“Booking” – A scheduled surf photography session between a surfer and a registered photographer arranged through Surfgraphix.
What Surfgraphix Provides
Surfgraphix is a marketplace where photographers upload surf footage and surfers can purchase clips featuring themselves. Surfgraphix also allows surfers to book surf photography sessions directly with registered photographers.
Surfgraphix:
does not verify identity of surfers or photographers
does not guarantee that footage will include a specific surfer
is not involved in filming, uploading, or editing content
is not the provider of photography services for booked sessions
provides a platform only, not photography services
may use third-party service providers for hosting, storage, payments, and delivery of digital products and subscriptions
User Accounts
To use certain features, you may be required to create an account.
You agree to:
provide accurate information
keep your login details secure
not impersonate another person
not create multiple accounts to abuse the platform
Surfgraphix may suspend or delete accounts that violate these Terms.
Photographer Responsibilities
Photographers are solely responsible for all content they upload or sell on the Platform and for all photography services they provide through bookings.
By uploading or submitting content, the Photographer guarantees that:
They own the copyright or have full rights to license and sell the footage
The content does not infringe any copyright, trademark, privacy, or other rights
The content does not contain illegal, defamatory, pornographic, or dangerous material
They have complied with Australian laws and local filming regulations
All sales they make are final and delivered correctly
They are fully responsible for fulfilling, managing, and delivering any booked surf sessions
Surfgraphix is not responsible for:
Incorrect identification of surfers
Misconduct of photographers
Copyright disputes created by photographers
Any legal issues arising from footage creation
Any issues related to booked photography sessions, including cancellations, quality, delivery, delays, or disputes
Any copyright or legal dispute is strictly between Photographer and affected parties.
Licensing of Content (Photographer → Surfgraphix)
By uploading content, the Photographer grants Surfgraphix a non-exclusive, worldwide, royalty-free licence to:
store, display, host, and deliver the content
use previews or clips for marketing Surfgraphix (optional; photographers may opt out)
process the content technically (compression, thumbnails, streaming)
Surfgraphix never claims ownership of the content.
Copyright always remains with the Photographer.
Sales and Payments
Photographers set their own prices unless otherwise agreed.
For each sale:
The customer purchases a personal, non-transferable, non-commercial licence
Commercial use requires written permission from the Photographer
Surfgraphix:
may use third-party payment processors for purchases and subscriptions
does not directly process or store credit card information
does not manually handle customer payments
Payments to photographers:
Surfgraphix takes a commission (percentage shown at sign-up)
Payments are released periodically, minus commissions and fees
Surfgraphix stores banking information only for registered photographers in order to process payouts
Surfgraphix may hold payments temporarily if fraud or disputes arise
All sales are final unless required by Australian consumer law.
Customer Responsibilities
Customers agree to use purchased footage only for personal use, unless explicit permission is granted by the Photographer.
Customers must not:
resell, redistribute, or give the footage to third parties
edit the footage in a way that violates copyright
claim authorship or ownership of the footage
Content Removal
Surfgraphix may remove or block content that:
violates these Terms
infringes copyright
is unsafe, harmful, or illegal
receives valid takedown notices
Surfgraphix may also suspend or terminate accounts that repeatedly violate copyright laws.
Surfers who do not want their image, video, or photo to be displayed on the Platform may request Surfgraphix to remove that specific media. Upon receiving a valid request, Surfgraphix will promptly delete or block access to the media featuring the requesting surfer.
Australian Consumer Law
Nothing in these Terms limits your rights under the Australian Consumer Law (ACL).
If a digital product is defective or not delivered, you may be entitled to a remedy as described by Australian law.
Limitation of Liability
To the maximum extent permitted by law:
Surfgraphix is not liable for:
errors made by photographers
incorrect surfer identification
copyright misuse by photographers
loss of profits or data
surfing injuries or risks
delays, platform outages, or technical issues
inaccurate session notifications
any content posted by users
any issue relating to booked surf photography sessions
the quality, timing, fulfilment, delivery, cancellation, or performance of photographers
You use the Platform at your own risk.
Surfing involves inherent danger. Surfgraphix does not supervise, organise, or encourage any surf activity.
Indemnity
You agree to indemnify Surfgraphix against any claim, cost, or liability arising from:
your content
your misuse of the Platform
your breach of these Terms
copyright or legal disputes involving your uploads
Privacy
Your personal information is handled according to our Privacy Policy.
Surfgraphix may store:
name
photos for user verification (optional)
payment information processed by trusted third-party payment providers
bank details of photographers for payout purposes
We do not sell your data.
Changes to Terms
Surfgraphix may update these Terms at any time.
Continued use of the Platform means you agree to the updated Terms.
Contact
For questions or legal matters:
Surfgraphix
Email: contact@surfgraphix.com
Website: https://surfgraphix.com
Terms of Use
TERMS OF USE – SURFGRAPHIX
Last updated: 01/12/2025
Welcome to Surfgraphix (“Surfgraphix”, “we”, “our”, or “us”).
By accessing or using the Surfgraphix website, marketplace, or services (“Platform”), you agree to the following Terms of Use (“Terms”).
If you do not agree, please do not use the Platform.
Definitions
“Platform” – The Surfgraphix website and all related services.
“User” – Anyone accessing the Platform, including photographers and surfers.
“Photographer” – Any person who uploads, licenses, or sells media on Surfgraphix.
“Surfer / Customer” – Anyone purchasing or accessing videos.
“Content” – Any photo, video, text, or material uploaded to Surfgraphix.
“Session” – Footage filmed at a surf location on a specific date and time.
“Booking” – A scheduled surf photography session between a surfer and a registered photographer arranged through Surfgraphix.
What Surfgraphix Provides
Surfgraphix is a marketplace where photographers upload surf footage and surfers can purchase clips featuring themselves. Surfgraphix also allows surfers to book surf photography sessions directly with registered photographers.
Surfgraphix:
does not verify identity of surfers or photographers
does not guarantee that footage will include a specific surfer
is not involved in filming, uploading, or editing content
is not the provider of photography services for booked sessions
provides a platform only, not photography services
may use third-party service providers for hosting, storage, payments, and delivery of digital products and subscriptions
User Accounts
To use certain features, you may be required to create an account.
You agree to:
provide accurate information
keep your login details secure
not impersonate another person
not create multiple accounts to abuse the platform
Surfgraphix may suspend or delete accounts that violate these Terms.
Photographer Responsibilities
Photographers are solely responsible for all content they upload or sell on the Platform and for all photography services they provide through bookings.
By uploading or submitting content, the Photographer guarantees that:
They own the copyright or have full rights to license and sell the footage
The content does not infringe any copyright, trademark, privacy, or other rights
The content does not contain illegal, defamatory, pornographic, or dangerous material
They have complied with Australian laws and local filming regulations
All sales they make are final and delivered correctly
They are fully responsible for fulfilling, managing, and delivering any booked surf sessions
Surfgraphix is not responsible for:
Incorrect identification of surfers
Misconduct of photographers
Copyright disputes created by photographers
Any legal issues arising from footage creation
Any issues related to booked photography sessions, including cancellations, quality, delivery, delays, or disputes
Any copyright or legal dispute is strictly between Photographer and affected parties.
Licensing of Content (Photographer → Surfgraphix)
By uploading content, the Photographer grants Surfgraphix a non-exclusive, worldwide, royalty-free licence to:
store, display, host, and deliver the content
use previews or clips for marketing Surfgraphix (optional; photographers may opt out)
process the content technically (compression, thumbnails, streaming)
Surfgraphix never claims ownership of the content.
Copyright always remains with the Photographer.
Sales and Payments
Photographers set their own prices unless otherwise agreed.
For each sale:
The customer purchases a personal, non-transferable, non-commercial licence
Commercial use requires written permission from the Photographer
Surfgraphix:
may use third-party payment processors for purchases and subscriptions
does not directly process or store credit card information
does not manually handle customer payments
Payments to photographers:
Surfgraphix takes a commission (percentage shown at sign-up)
Payments are released periodically, minus commissions and fees
Surfgraphix stores banking information only for registered photographers in order to process payouts
Surfgraphix may hold payments temporarily if fraud or disputes arise
All sales are final unless required by Australian consumer law.
Customer Responsibilities
Customers agree to use purchased footage only for personal use, unless explicit permission is granted by the Photographer.
Customers must not:
resell, redistribute, or give the footage to third parties
edit the footage in a way that violates copyright
claim authorship or ownership of the footage
Content Removal
Surfgraphix may remove or block content that:
violates these Terms
infringes copyright
is unsafe, harmful, or illegal
receives valid takedown notices
Surfgraphix may also suspend or terminate accounts that repeatedly violate copyright laws.
Surfers who do not want their image, video, or photo to be displayed on the Platform may request Surfgraphix to remove that specific media. Upon receiving a valid request, Surfgraphix will promptly delete or block access to the media featuring the requesting surfer.
Australian Consumer Law
Nothing in these Terms limits your rights under the Australian Consumer Law (ACL).
If a digital product is defective or not delivered, you may be entitled to a remedy as described by Australian law.
Limitation of Liability
To the maximum extent permitted by law:
Surfgraphix is not liable for:
errors made by photographers
incorrect surfer identification
copyright misuse by photographers
loss of profits or data
surfing injuries or risks
delays, platform outages, or technical issues
inaccurate session notifications
any content posted by users
any issue relating to booked surf photography sessions
the quality, timing, fulfilment, delivery, cancellation, or performance of photographers
You use the Platform at your own risk.
Surfing involves inherent danger. Surfgraphix does not supervise, organise, or encourage any surf activity.
Indemnity
You agree to indemnify Surfgraphix against any claim, cost, or liability arising from:
your content
your misuse of the Platform
your breach of these Terms
copyright or legal disputes involving your uploads
Privacy
Your personal information is handled according to our Privacy Policy.
Surfgraphix may store:
name
photos for user verification (optional)
payment information processed by trusted third-party payment providers
bank details of photographers for payout purposes
We do not sell your data.
Changes to Terms
Surfgraphix may update these Terms at any time.
Continued use of the Platform means you agree to the updated Terms.
Contact
For questions or legal matters:
Surfgraphix
Email: contact@surfgraphix.com
Website: https://surfgraphix.com