•
LEGAL STUFF
• LEGAL STUFF
TERMS AND CONDITIONS
General Terms and Conditions – Surf Junkie Club
Version nº: 01
Date of Publication: 03.21.2023
Pursuant to these General Terms and Conditions (hereinafter referred to as “General Terms”), SURF JUNKIE CLUB TECNOLOGIA E INTERMEDIACAO LTDA, a private legal entity registered with the CNPJ/ME (Brazilian Legal Entities Registry for Small Companies) under number 48.702.326/0001-97, with main office at Rua Cônego Eugênio Leite, nº 623, Conjunto 42, Sala 29, Bairro Pinheiros, Município São Paulo, Estado de São Paulo, CEP: 05.414-011 (hereinafter simply referred to as “SURFJUNKIE”), provides the USER (each being a “Party” and together referred to as “Parties”), the services, benefits and other content related to the Surf Junkie Club, to which access will be carried out on the website surfjunkies.io, always subject to these General Terms.
INITIAL CONSIDERATIONS:
The Surf Junkie Club intends to create a community of surfers and surf enthusiasts where respective members will have access to a series of benefits and utilities. Access to the community will be granted by means of the purchase of a Surf Junkie in the form of a non-fungible token (“NFT Surf Junkie”) developed by SURFJUNKIE which will be purchased by means of blockchain technology and/or by means of third party intermediaries;
Blockchain technology acts as a decentralized ledger that uses cryptography to store information with no middlemen which, among other advantages, allows for this information to be verified by any person, without the need for a central authority. This means that, with the acquisition of a Surf Junkie NFT by the USER, SURFJUNKIE has no control over the transfer, storage, property, maintenance, security and/or any other factor related to the Surf Junkie NFT;
As a digital asset, the Surf Junkie NFT will be subject to market valuation, risks and uncertainties, and it is understood that there are risks associated with the purchase and exploitation of digital assets;
The digital tokens (Surf Junkie NFT and Digital Voucher) commercialized by SURFJUNKIE cannot, in the terms of Brazilian law, be considered securities, nor is this document characterized as an offering of securities or a collective investment;
The Surf Junkie Club was not developed to generate profit, compensation, financial return, but solely to provide access by USERS to the services and features offered on the platform;
The information provided by these General Terms, in the Surf Junkie Club rules, or on our Platform should be not considered financial advice;
SURFJUNKIE does not grant any express or implied right of participation, assets, property, estate, intellectual property rights, brand and/or any other form of participation in the company and/or in any of its affiliates, subsidiaries or associated companies;
These General Terms do not represent a complete declaration of risk factors related to Surf Junkie NFT and/or of the services offered on the Platform, and it is certain that the USER should consider these warnings and risks carefully, to individually and without any participation and/or guidance by SURFJUNKIE, take the decision to purchase, sell, negotiate or trade a digital asset.
DEFINITIONS
Without prejudice to the other definitions established throughout these General Terms, the terms and expressions listed below will have the following meanings:
Artwork: means the image and artistic expression represented by the Surf Junkie NFT.
Digital Wallet (or “Wallet”): is a tool that allows for the storage and trade of cryptocurrencies and cryptoassets using blockchain technology where the Surf Junkie NFT purchased by the USER will be stored.
Account: is the USER’s unique and exclusive registration that uses password and login security which cannot be shared, and by which the USER has access to the Platform.
User Data: means any data (including, but not limited to possibly applicable personal data, information or content) uploaded by the USER and processed by SURFJUNKIE, as well as data and information supplied by the USER to allow for transactions related to the Surf Junkie NFT, as appropriate.
Partner Companies: refers to legal entities or individuals that establish a commercial partnership relationship with SURFJUNKIE in order to offer Services to the USER, for which SURFJUNKIE has no responsibility.
Secondary Market: refers collectively to the marketplaces used by SURFJUNKIE for USERS to resell their Surf Junkie NFT and/or Digital Voucher. Marketplaces used by SURFJUNKIE will be listed on the Platform and website. SURFJUNKIE may change the list of marketplaces at any moment by means of notices published on Surf Junkie Club’s official channels.
Surf Junkie NFT: means the collectible digital asset in the form of a Non-Fungible Token (NFT) represented by exclusive art with unique characteristics, which uses blockchain technology issued (minted) by SURFJUNKIE, and which will be used as a pass to access the Platform, to purchase and/or use the Services (utility token). Acquisition of the Surf Junkie NFT will be carried out using blockchain technology and/or by means of third party services. There will be a total of 3.280 (three thousand and two hundred eighty) uncategorized and exclusive Surf Junkie NFT units with no pre-defined classification of rarity.
Platform: is the website where USERS will be able to access and/or purchase Surf Junkie Club Services. The Platform will only be accessible using the USER’s password and login that make up the USER’s Account on the website surfjunkies.io.
Service(s): are the content, benefits, services, offers and vouchers developed by SURFJUNKIE and/or Partner Companies that the USER will have access to on the Platform, for free or for a price, while owning a Surf Junkie NFT. Although there will be permanent benefits, most Services are based on the principle of exclusivity offered with no predefined interval and in limited quantities of which Digital Vouchers can be purchased on the Platform.
USER: means the legal entity or individual over the age of 18 (eighteen), or age of majority, in accordance with laws of the state of residence and/or nationality, and/or full capacity to exercise civil rights, that holds at least 01 (one) Surf Junkie NFT and the right to access the Platform, to use and/or purchase Surf Junkie Club Services.
Mining Fee: value charged by marketplaces of the Secondary Market in return for intermediation services and reselling the Surf Junkie NFT and/or Digital Voucher.
Period: means the contract period of the General Terms, an undetermined period of time starting when the USER purchases a Surf Junkie NFT and ends on the date when, for any reason, the USER no longer owns a Surf Junkie NFT.
Digital Voucher: means a tokenized digital asset developed on blockchain technology that represents the pass for a specific Service purchased on the Platform.
There may be other applicable definitions throughout the General Terms notwithstanding any of the above definitions.
INITIAL PROVISIONS
These General Terms govern the general conditions for the purchase and reselling of the Surf Junkie NFT, access to the Platform, use and purchase of Services by means of the purchase of a Surf Junkie NFT and, as the case may be, the purchase of Digital Voucher(s) using the Platform.
On purchasing a Surf Junkie NFT the USER declares and confirms that he/she has read, and agrees with the General Terms, Privacy Policy, among other applicable documents, all available on the website surfjunkies.io (jointly referred to as “Surf Junkie Club Rules”). Any document that is part of the Surf Junkie Rules may be changed at any moment at the sole discretion of SURFJUNKIE, regardless of prior notice and/or approval by the USER, being that the changes will come into effect on the date of their publication.
In accordance with the present General Terms, fraud and/or non-compliance with Surf Junkie Club Rules by the USER may result in the contract penalties, as set forth in these General Terms.
The USER acknowledges that, when purchasing Services offered by Partner Companies, the USER will also be subject to the rules and conditions defined by these Partner Companies, at the risk of losing the right to use the Service.
ACCOUNT AND PLATFORM
Account:
On purchasing a Surf Junkie NFT, SURFJUNKIE will allow the USER to register the respective Account to be used to access the Platform, being that the USER is solely and exclusively responsible for preventing non-authorized access and use of his/her Account and should promptly inform SURFJUNKIE of such incidents which will not imply in any responsibilities for SURFJUNKIE.
The USER acknowledges that SURFJUNKIE will have a minimum period of 05 (five) workdays starting from the acquisition date of the Surf Junkie NFT to allow the USER to register the respective Account.
SURFJUNKIE reserves the right to use all possible and valid means to identify the USER, and may request additional information and documents considered necessary in order to verify personal data informed by the USER when registering the Account.
SURFJUNKIE may temporarily or permanently inactivate Accounts that present untrue information or that cannot be confirmed with the respective USER.
SURFJUNKIE reserves the right to, at its sole discretion, prevent new registrations or to cancel registrations already carried out when any abnormalities are detected that it considers significantly incorrect, or that present deliberate attempts to violate Surf Junkie Club Rules and/or current legislation which are mandatory to all members of the Surf Junkie Club.
The Account used to access the Platform is individual and non-transferable. As such, USERS must immediately inform SURFJUNKIE of any unauthorized use/access to the Account being that SURFJUNKIE will not be held responsible for any loss or damage resulting from the use of the USER’s Account by third parties.
In order to appropriately access and use the Platform the USER must: (a) be cautious with identification data whenever using the internet; (b) use all necessary means to protect against damages, including online and off-line fraud; (c) be diligent when using the content available on the Platform acknowledging all responsibilities; and (d) strictly comply with all provisions of these General Terms.
Platform:
The USER acknowledges that the use and/or acquisition of Surf Junkie Club Services will always be carried out using the Platform which will only be accessed by using the login and password that make up the USER Account.
The USER will not be able to use, or allow for the use of the Platform for any purpose other than that intended by the Surf Junkie Club and/or that goes against or violates Surf Junkie Club Rules. If observed that the USER has committed an offense against Surf Junkie Club Rules on or off the platform, SURFJUNKIE may totally or partially, permanently or temporarily, suspend USER access to the Platform without implying in default of these General Terms.
SURFJUNKIE may also, permanently or temporarily, totally or partially, interrupt USER access to the Platform with no prior warning if the USER is responsible any of the following situations, either directly or via third parties:
Promote violence or discrimination based on race, gender, religion, nationality, sexual preference, political positioning, or any other type;
Violate any laws, particularly those related to copyright and intellectual property such as non-authorized copies, use of images, sounds, movement or text without authorization from the author, whether trademarks, copies or fakes;
Violate the provisions of Surf Junkie Club Rules;
Failure to comply with any obligations or restrictions taken on when using the Services;
Non-authorized use of the SURFJUNKIE name and/or brand, partially or wholly, and violation of SURFJUNKIE or third party intellectual property rights used on the Platform, Services, Surf Junkie NFT and/or Digital Voucher;
Not offering the conditions that allow for the identity check or if any information supplied is incorrect;
Use of the platform to send, reproduce or publish files that violate third party image rights or intellectual property rights;
Use the Platform in the name of, or on behalf of any third party, or allow any person who is not a member of the Surf Junkie Club (including, without limitation, by means of the cession, permission or transfer) to use the Account and/or Services linked to the Account and/or Surf Junkie Club, with exception to the authorization to resell the Surf Junkie NFT, as described in these General Terms;
Use programs, software, automatic or manual devices in order to monitor or copy information, or any content or element on the Platform;
In any way associate the Platform or Services to unrequested promotions, political campaigns or commercial messages (spam), or to chains or messages with false content intended for personal or third party gains;
Carry out activities that restrict, deny or prevent third parties from accessing and using the Platform, as well as the Services offered on the Platform;
Attempt to violate any of the Platform’s authentication and security systems;
Attempt to obtain any material or content accessible on the Platform using procedures or means different to those expressly designated or made available to the USER.
In agreeing with these General Terms, the USER declares to have a good reputation and is as of now aware that false or untrue information registered or supplied during the process of Account registration and/or access to the Platform may constitute a crime.
Access to programming areas of the Platform, its database, or any other information that is part of webmastering activities is not permitted, nor is any type of reverse engineering, translation, decompilation, copying, modification, reproduction, lease, sublease, sublicensing, publication, disclosure, transmission, loan, distribution, or providing query tools of this website, applications, programs and its features to third parties without prior and expressed authorization from SURFJUNKIE under penalty of legal liability, without prejudice to the obligation of compensation for damages to SURFJUNKIE and/or third parties. This restriction includes any attempt to incorporate any information from the Platform to any other directory, product or service;
SURFJUNKIE has the right to remove, at its sole discretion, for any reason and with no prior notice, take legal measures against any USER who has committed an offense against other members of the Surf Junkie Club community and/or has infringed Surf Junkie Club Rules.
SURF JUNKIE CLUB MEMBERSHIP
Surf Junkie Club membership is voluntary, involves a price, and implies in reading and agreeing fully with these General Terms as well as all other rules and documents that constitute the Surf Junkie Club Rules that are available on the website surfjunkies.io.
In order to become a member of the Surf Junkie Club the USER must purchase and be the holder of a Surf Junkie Club NFT that can be purchased directly from SURFJUNKIE as from the minting day on the website surfjunkies.io, for as long as supplies last (“Original Transaction”); or may be purchased directly from third parties on the Secondary Market (“Secondary Transaction”), being that in both cases a Surf Junkie NFT uses blockchain technology.
Original Transaction:
When a Surf Junkie NFT is traded for the first time it is purchased by the USER as from the minting day directly from SURFJUNKIE on the website surfjunkies.io, and for as long as supplies last, in conformity with one of the Original Transaction trading methods listed below.
Cryptocurrency:
The USER may purchase the Surf Junkie NFT using cryptocurrencies for the price quoted at the time of purchase added to the sum of Mining Fees required by the financial transaction system. As such, in order to purchase a Surf Junkie NFT using cryptocurrencies, USERS must respect the following steps: (A) must have their own Digital Wallet; (B) must have a total balance at least equivalent to the value of the Surf Junkie NFT (in accordance with the quoted price) added to the value of possible Mining Fees; (C) carry out the acquisition of the Surf Junkie NFT for that value using the Digital Wallet; (D) after the confirmation of the transaction the Surf Junkie NFT will be transferred to the USER’s Digital Wallet by means of blockchain technology.
Instant Payment (“PIX”)
The USER may also purchase the Surf Junkie NFT using Brazilian currency (BRL) by means of the instant payment financial mechanism (“PIX”), for the value of the Surf Junkie NFT added to the value of possible Mining Fees required by the financial transaction system informed on the website surfjunkies.io.
The Original Transaction using PIX is available solely and exclusively for financial transactions in Brazilian territory.
The USER as of now acknowledges that the Original Transaction using PIX requires prior registration by the USER on the system of the Partner Company that will provide financial intermediation services. Services and registration will be subject to the rules and conditions specified by the Partner Company itself, with no responsibility or interference by SURFJUNKIE.
The Original Transaction type using PIX does not involve a USER’s Digital Wallet and the Surf Junkie NFT will be transferred to the Partner Company’s wallet. The Partner Company will act as a depository institution of the Surf Junkie NFT until the USER requests the transfer of the Surf Junkie NFT to a Digital Wallet in his/her name, except in specific cases settled between the USER and the Partner Company.
Provably Fair:
The USER acknowledges that, in either of the Original Transaction types listed above (Cryptocurrency or PIX), the USER will not be able to choose the Surf Junkie NFT Artwork and the choice of the Surf Junkie Artwork will respect a drawing process subject to criteria of absolute random results.
Limited number of Surf Junkie NFT units:
The USER acknowledges that the purchase of a Surf Junkie NFT in an Original Transaction, regardless of the payment method, will be limited to a maximum of 06 (six) Surf Junkie NFT units, notwithstanding the purchase of more units in a Secondary Transaction.
Secondary Transaction:
USERS may resell, transfer and/or trade their Surf Junkie NFT to a third party on the Secondary Market and this Secondary Transaction will be strictly subject to the terms of these General Terms and knowing that SURFJUNKIE will not take part in any agreement between the USER and the third party purchasing the Surf Junkie NFT.
The USER will be free to decide the resale price of the Surf Junkie NFT with no involvement by SURFJUNKIE, and knowing that the Secondary Transaction should be carried out on marketplaces endorsed by SURFJUNKIE as a Secondary Market that can be changed by SURFJUNKIE.
The Secondary Transaction may only be carried out using blockchain technology, with the transfer of the Surf Junkie NFT from the USER’s Digital Wallet to the third party who is purchasing the Surf Junkie NFT.
The USER acknowledges that all rights, benefits, advantages, and permissions made available and/or offered by the Surf Junkie Club under these General Terms are inseparably related to the Artwork and particularly to the Surf Junkie NFT digital asset. As such, once the Surf Junkie NFT has been resold to a third party, the USER loses all rights related to the Surf Junkie NFT, and it is known that all these rights are automatically transferred to the third party purchasing the Surf Junkie NFT who will take on the “USER” status for the purposes of these General Terms.
Immediately after the Secondary Transaction has been finalized the USER will no longer be the holder of the Surf Junkie NFT and will lose all rights, advantages, benefits and/or permissions associated with the Artwork and/or Surf Junkie NFT.
Royalties – Surf Junkie NFT:
The USER acknowledges that for each Secondary Transaction of a Surf Junkie NFT on the Secondary Market, SURFJUNKIE (through some of its founders) will receive Royalties of 07% (seven percent) of the market value of the Surf Junkie NFT when the Secondary Transaction is carried out (“Royalties”), and it is known that the Royalties percentage may be changed by SURFJUNKIE at any moment by amendment of the General Terms and with prior notice.
Royalties, Mining Fees and any other values that might be added to the selling price of the Surf Junkie NFT will, as a general rule, be added to the price to be paid by the buyer. However, the responsibility for the payment of these values may change in accordance with the rules and parameters adopted by the Secondary Market, and it is known that the USER will be solely responsible for the analysis and understanding of the rules applied by the Secondary Market in which he/she wishes to trade, with no responsibility and/or interference by SURFJUNKIE.
The USER acknowledges that, in exchange for the intermediation and reselling of the Surf Junkie NFT on the Secondary Market, marketplaces may also require the payment of a Mining Fee, in conformity with the rules and parameters of the Secondary Market itself.
SURFJUNKIE is not, and will not be under any circumstance responsible for any loss or damage that may occur during the Secondary Transaction on the Secondary Market.
Any decision to purchase or resell a Surf Junkie NFT and/or Digital Voucher is exclusively taken by the USER and it is known that SURFJUNKIE will not be responsible, under any circumstance, for any loss resulting from decisions taken by the USER.
DIGITAL VOUCHER SERVICES
Services:
Surf Junkie Club is a community based on the principle of exclusivity by which the USER will have access to the Platform that includes content dedicated to surf, and will be able to use and/or purchase exclusive Services offered by SURFJUNKIE and/or Partner Companies.
As a community based on the principle of exclusivity, the USER acknowledges that the Services may always be offered for a limited period of time, in limited editions, and fewer in number compared to the total number of Surf Junkie Club members and it is known that access to the Services offerings is restricted to members of the Surf Junkie Club.
Considering that the Services will be essentially related to surf, the USER acknowledges that Services may present requirements related to age, height, health, risks, specific declarations, among other specific rules applied to each Service, including, but not limited to the rules and conditions defined by the Partner Companies.
As a result of the technical, space and time constraints, among other factors, particularly for reasons that cannot be controlled by SURFJUNKIE, some Services might be cancelled and/or discontinued (temporarily or permanently) at the discretion of SURFJUNKIE and it is known that SURFJUNKIE does not guarantee that all Services will be available and/or can be used by the USER, particularly when the Service is offered and/or rendered wholly or partially by the Partner Companies.
The USER also acknowledges that, despite the fact that the Surf Junkie Club has free and/or permanent Services, most Services will be based on the principle of exclusivity and will be offered with no predefined frequency, for a limited time, in limited editions, and/or in numbers inferior to the number of Surf Junkie Club members.
For Services produced, delivered, rendered and/or supplied wholly or partially by Partner Companies, SURFJUNKIE will act only as a facilitator between third party companies and the USER, providing the announcement for the Service, and it is known that SURFJUNKIE will not have any liabilities, whether joint or several, for Partner Companies.
Digital Voucher:
Paid Services will be offered and commercialized by SURFJUNKIE and/or Partner Companies in the form of Digital Vouchers and can be purchased (using Cryptocurrency) by the USER on the Platform.
Depending on the nature and characteristics of the Service, each Digital Voucher may have specific rules for redemption and/or use, and it is known that SURFJUNKIE will not reimburse or compensate the USER who purchases a Digital Voucher and, for reasons beyond SURFJUNKIE’S control, fails to redeem and/or use the Service within the predefined time period.
Each Digital Voucher corresponds to one independent and standalone digital asset in relation to the Surf Junkie NFT. If the USER decides not to use the Digital Voucher, he/she will be able to resell the Digital Voucher separately on the Secondary Market.
The USER may resell, transfer and/or trade the Digital Voucher to any third party (whether or not a member of the Surf Junkie Club) on the Secondary Market whose transaction will be strictly subject to the provisions of these General Terms and it is known that SURFJUNKIE will not be part of any agreements between the USER and the third party purchasing the Digital Voucher.
The USER will be free to define the resale price of the Digital Voucher with no interference by SURFJUNKIE and it is known that the transaction should take place on marketplaces qualified by SURFJUNKIE as Secondary Markets, which may be changed by SURFJUNKIE.
The reselling of the Digital Voucher may only take place using blockchain technology with the transfer of the Digital Voucher from the USER’s Digital Wallet to the third party purchasing the Digital Voucher.
The USER acknowledges that all Services purchased using a Digital Voucher are inseparably related to the Digital Voucher itself. As such, once the Digital Voucher has been resold to a third party the USER loses all the rights associated with the Digital Voucher which has been sold and all these rights will be automatically transferred to the third party (whether or not a member of the Surf Junkie Club) who purchased the Digital Voucher.
Royalties – Digital Voucher:
The USER acknowledges that for each resale of a Digital Voucher on the Secondary Market SURFJUNKIE will receive Royalties equivalent to 5% (five percent) of the market value at the time of the transaction and it is known that the percentage of Royalties may be changed by SURFJUNKIE at any moment by means of an amendment of the General Terms and prior notice.
The Royalties, Mining Fees and any other values that might be included in the sale of the Digital Voucher will, in general terms, be added to the price paid by the buyer. However, the responsibility for the payment of these values may change in accordance with the rules and parameters adopted by the Secondary Market, and it is known that the USER will be solely responsible for the analysis and understanding of the rules applied by the Secondary Market in which he/she wishes to trade, with no responsibility and/or interference by SURFJUNKIE.
The USER acknowledges that, in exchange for the intermediation and reselling of the Digital Voucher on the Secondary Market, marketplaces may also require the payment of a Mining Fee, in conformity with the rules and parameters of the Secondary Market itself.
SURFJUNKIE is not, and will not be under any circumstance responsible for any damages or loss that may occur during resale of the Digital Voucher on the Secondary Market.
The rules and provisions of these General Terms also apply, as appropriate, to the third party who is purchasing the Digital Voucher but is not a member of the Surf Junkie Club.
RIGHTS AND RESTRICTIONS OF THE USER
SURFJUNKIE will, throughout the term of the agreement, grant the USER the right to access the Platform, to use and/or purchase the Services in strict conformity with Surf Junkie Club Rules.
Artwork Rights:
SURFJUNKIE will also grant the USER with the rights for “Personal Use” and “Commercial Use” of the artwork represented by their Surf Junkie NFT in strict conformity with the provisions and restrictions described in these General Terms.
Personal Use of the Artwork:
Subject to the continuous conformity with the provisions of the Surf Junkie Club Rules, SURFJUNKIE grants the USER with worldwide, personal, non-exclusive, temporary, intransferable, precarious, non-sublicensable and free from royalties to use, copy and exhibit the Artwork represented by their Surf Junkie NFT for the following purposes only: (A) For their own, non-commercial use; (B) For display on physical or digital media, provided that the USER's rights as owner of the Surf Junkie NFT to display the Artwork are cryptographically verified so as to ensure that only the true and current owner of the Surf Junkie NFT cryptographically registered on the blockchain as holder can display the Artwork; (C) As part of a third-party website or application that allows the inclusion, involvement or participation of the Surf Junkie NFT, provided that: (i) the website/application cryptographically verifies the USER's rights as owner of the Surf Junkie NFT to display the Artwork, to ensure that only the true and current owner of the Surf Junkie NFT, cryptographically registered as the owner via the blockchain, can display the Artwork; and (ii) as long as the Artwork is no longer visible once the USER leaves the website/application; (D) For the enjoyment of the benefits granted as a result of the acquisition of the Surf Junkie NFT, and it is known that the USER is not in any way purchasing the Artwork represented by the Surf Junkie NFT or any other intellectual property rights over the Artwork represented by the digital assets.
Commercial Use of the Artwork:
SURFJUNKIE grants the USER with worldwide, personal, non-exclusive, temporary, intransferable, precarious, non-sublicensable and royalty free rights to use, copy and exhibit the art represented by their Surf Junkie NFT in order to create products based on the Artwork. These rights are subject to continuous conformity with the provisions of the Surf Junkie Club Rules and to the restrictions and limitations expressly set out in these General Terms.
The USER acknowledges that the authorization for personal and commercial use of the Artwork is temporary, and may be terminated at any time at SURFJUNKIE’S sole discretion, or when the USER ceases to be the owner of the Surf Junkie NFT that represents the Artwork, whichever occurs first.
The USER acknowledges and agrees that, on purchasing a Surf Junkie NFT, he/she is purchasing along with it only a simple authorization to use the Artwork represented by the Surf Junkie NFT which is granted on a limited, non-exclusive and non-customizable basis.
The authorization to use the Artwork granted by means of the acquisition of the Surf Junkie NFT will apply only as long as the USER is the owner of the Surf Junkie NFT and it is known that if the USER resells, exchanges donates, transfers, discards or, for any reason ceases to be the owner of the Surf Junkie NFT the authorization will immediately expire without the requirement of prior notice, and the USER will no longer have any rights over the Artwork.
The Surf Junkie NFT and/or Digital Voucher may not be used for any unauthorized use under the Surf Junie Club Rules and/or for any illegal or unlawful purpose. Any unauthorized use or violation of Surf Junkie Club Rules, in addition to possibly resulting in the sanctions set forth in these General Terms, may also subject the USER to due legal responsibility and it is certain that SURFJUNKIE may forward information about illegal activity to the competent authorities.
In addition to other prohibitions established in the Surf Junkie Club Rules, the USER is strictly prohibited from trading Surf Junkie NFTs, Digital Vouchers, rights, contents, use and/or access the Platform, Services and/or its content for:
Illicit purposes;
To request other people to carry out or participate in illicit acts of any kind;
To violate any international, provincial, state or federal rules, laws or local regulations, including but not limited to Surf Junkie Club Rules;
Infringe or violate SURFJUNKIE intellectual property rights or third party intellectual property rights;
To harass, abuse, insult, damage, slander, defame, libel, belittle, intimidate or discriminate based on gender, race, sexual preference, religion, ethnicity, age, nationality or disability;
Present false or misleading information;
Send or transmit a virus or any other type of malicious code that will, or can be used to affect the functionality or operation of the Service or of any related site, other sites, or the internet;
Collect or trace other people’s personal information;
Send spam, phishing, pharm, pretext, spider, crawl or scrape;
For obscene or immoral purposes, and/or
To interfere with, or by-pass the security features of the Platform and/or Services, or of any related sites, other sites, or the internet, and it is certain that if any of these listed events occurs, SURFJUNKIE reserves the right to temporarily suspend and/or permanently terminate the USER’s access to the Platform, Services and/or Surf Junkie Club community.
The USER is subject to the following restrictions, without prejudice to other restrictions and limitations established in the Surf Junkie Club Rules:
Must not sell, resell, license, sublicense, rent, distribute or in any other way offer any rights, access, content, Accounts and/or Services to any third parties, including, but not limited to outsourcing or service bureau, with the exception of the authorization to resell the Surf Junkie NFT and Digital Voucher, in accordance with these General Terms;
Must not use the Platform, Services, Surf Junkie NFT, Digital Voucher and/or any other rights for any purposes other than those defined in these General Terms;
Must not use the Surf Junkie NFT, Digital Voucher and/or Services for illicit, offensive, abusive, obscene, malicious purposes and/or that violate third party rights including, without limitation, intellectual property, privacy, and personal data protection rights;
Must not load, store, process or transmit code, files, scripts, or programs that are malicious or that may compromise the security and integrity of the Platform or cause damage to SURFJUNKIE or third parties;
Must not interfere or interrupt Services, Platform operation and/or in any other way negatively affect or inhibit Surf Junkie Club members from fully benefitting from the Services, or that might damage, disable, overload, impair the Surf Junkie Club experience and/or the operation of Services or violate any local, national, state or international law, or any other legally binding regulations;
Must not attempt to obtain non-authorized access to programs, hardware, systems, networks and source code belonging to the Platform; and
Must not modify, copy, create derivative works or carry out reverse engineering (or allow any third party to carry out reverse engineering), as applicable, of the software, hardware, know-how, documentation and other intellectual property assets belonging to SURFJUNKIE, including without limitation, the development of similar products or services, or to allow a SURFJUNKIE competitor to have access to such information.
The USER acknowledges that SURFJUNKIE has the right to carry out changes regarding the number of NFTs released to the public for purchase and to change the rights related to the Surf Junkie NFT at its sole discretion and with prior notice to the Surf Junkie Club community. All changes and relevant communication will be carried out through official SURFJUNKIE communication channels.
INTELLECTUAL PROPERTY
The USER acknowledges that SURFJUNKIE is the owner or licensee of all rights, titles and interests concerning the intellectual property related to the Surf Junkie Club. Except with regards to restricted licenses and rights expressly granted to the USER under these General Terms, SURFJUNKIE does not grant any rights over the intellectual property of the Surf Junkie Club, Platform, Artwork or any other resources that make up the Surf Junkie Club community and any other rights, titles and interests concerning the intellectual property of the Surf Junkie Club will belong to SURFJUNKIE or to its licensors, as the case may be.
The commercial use of the SURFJUNKIE brands and/or of the expressions that make up the “Surf Junkie Club” term as a brand, company name or domain name, and the logo belong exclusively to SURFJUNKIE along with all copyright related to the artwork and all other content and/or resources related to the Surf Junkie Club. All rights are protected in Brazil and internationally by international copyright, brand, patent and industrial design laws and treaties and it is known that the USER may be held judicially or extra-judicially responsible for any violation committed against SURFJUNKIE and/or third party intellectual property.
Ownership of the Surf Junkie NFT should not be confused with ownership of the copyright over the Artwork represented by the Surf Junkie NFT as the Surf Junkie NFT is a digital asset in the form of a cryptographic token that represents the Artwork whose copyright (moral and economical) is owned solely and exclusively by SURFJUNKIE and its founders. As such, the purchase of a Surf Junkie NFT does not characterize, under any circumstance, the transfer of ownership of the copyright (moral and economical) of the Artwork represented by the Surf Junkie NFT, except for the personal and commercial use licenses granted by SURFJUNKIE to the USER, as stated in these General Terms.
Except as expressly established in these General Terms, SURFJUNKIE does not provide the USER any property, concession, or any other rights with regards to the content, code, data, Artwork, Platform, Services, Surf Junkie NFT, or any other material and/or feature that is part of the Surf Junkie Club for which SURFJUNKIE reserves all rights over materials that have not been expressly granted, authorized or licensed specifically to the USER in these General Terms.
The USER understands and agrees that the purchase of a Surf Junkie NFT, either in an Original Transaction and/or Secondary Transaction, does not grant the USER any licenses or rights over the Artwork represented by the Surf Junkie NFT other than those expressly described in these General Terms. As such, the USER may not:
Use the brands, names, designs, digital art (primarily, but not limited to the Artwork represented by the Surf Junkie NFT), or any other work or distinctive signs belonging to SURFJUNKIE in any way other than those permitted in these General Terms;
Modify the Surf Junkie NFT and/or Digital Voucher, its content or Artwork in any way, or incorporate the Surf Junkie NFT, its content or art to any digital media or other business model;
Use the Surf Junkie NFT, its content or Artwork in any way that infringes the intellectual property rights of any person or entity;
Use the Surf Junkie NFT or Artwork in connection with, or to promote any illegal activity, hate speech, violence, inappropriate or obscene content or any other way that can tarnish or harm the reputation of SURFJUNKIE, its founding partners, representatives and service providers;
Try to purchase additional intellectual property rights over the Surf Junkie NFT or the Artwork including any names, registered trademarks, logos, commercial images or other source identifiers contained or described within it;
Try to mint, tokenize or create an additional cryptographic token representing the Surf Junkie NFT or the Artwork on any platform;
Falsify, adulterate or conceal the authorship and ownership of the Artwork or ownership of the Surf Junkie NFT; or
Incentivize or allow any third party to carry out any of the above points.
The USER acknowledges and agrees that SURFJUNKIE might compile and group statistical data related to the performance, working and use of the Services, and use the data to generate statistical analysis, reports and insights on the use of Services and to introduce improvements. Such aggregate data will be anonymized and will not include User Data, confidential information or personal data that can identify an individual. Parties understand and acknowledge that the statistical data is owned solely and exclusively by SURFJUNKIE.
The USER authorizes SURFJUNKIE to get in touch directly in order to obtain comments, suggestions, recommendations, requests for improvement, ideas and other communication regarding feedback. The USER grants SURFJUNKIE a worldwide, perpetual, irrevocable, irreversible, transferable, sublicensable, non-exclusive and free of cost permission to explore the feedback given to SURFJUNKIE by the USER regarding the Surf Junkie Club.
If a third party puts forth a claim based on the allegation that any Surf Junkie Club feature violates third party intellectual property (“IP Claim”), SURFJUNKIE will defend its interests against such a IP Claim. In order to do so, the USER commits to: (A) always notify SURFJUNKIE of any IP Claim that he/she learns about and if the claim is filed against the USER, (B) grant SURFJUNKIE, when and if required, control over the defense and resolution of such an IP Claim.
By no means will this instrument serve as power of attorney between the Parties, particularly in cases of judicial and extrajudicial demands.
Exclusive Remedy. If, as a result of an IP Claim, the USER is wholly or partially forbidden to use the Services or Platform, SURFJUNKIE may, at its sole discretion: (A) attain the right for the USER to use the allegedly violating parts of the Service; or (B) modify and/or substitute the supposedly violating parts of the Service in order to make them allegedly non-violating, without substantially reducing or undermining Services. When it is not possible to carry out the procedures described in items (A) and (B), SURFJUNKIE may cancel these General Terms without applying any sanctions or penalties.
If a third party puts forth a claim against SURFJUNKIE based on User Data (“Content Claim”), SURFJUNKIE may grant control (total or partial, direct or indirect) over the defense of the Content Claim. The USER acknowledges and agrees that he/she is solely and exclusively responsible for the content loaded through his/her Platform Account. The USER will compensate SURFJUNKIE for all expenses reasonably incurred as a result of the Content Claim.
DURATION
These General Terms will last for an undetermined period of time starting when the USER purchases a SURF JUNKIE NFT, and ends on the date when the USER, for whatever reason, ceases to be the holder of a Surf Junkie NFT.
The USER acknowledges that SURFJUNKIE may, at its sole discretion, partially or wholly, temporarily or permanently change, suspend or terminate the Platform without being considered failure to comply with these General Terms and without giving the USER the right to compensation. Consequently, SURFJUNKIE does not guarantee the permanent continuity or availability of the Platform and/or Services and this is the reason why access to the Platform and use and/or purchase of the Services is carried out by the USER at their own risk, without SURFJUNKIE being held responsible in this respect at any moment and/or under any circumstance.
SURFJUNKIE may terminate these General Terms at any moment and without cause, and free from any encumbrance or penalty, with prior warning of at least 30 (thirty) days.
LIMITATION OF RESPONSIBILITY AND WARRANTY DISCLAIMER
SURFJUNKIE WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES RESULTING, OR ARISING FROM:
Decisions made based on information supplied by third party platforms;
Fraud, fraudulent misrepresentation or violation of Surf Junkie Club Rules by the USER;
Problems resulting from the Secondary Transaction of the Surf Junkie NFT or from the reselling of the Digital Voucher;
Wrong or incomplete information supplied by the USER;
Any inability to access the Surf Junkie NFT for any reason;
Third party acts or omissions, regardless if these third parties are contractually bound to SURFJUNKIE;
Decisions taken based on information supplied by SURFJUNKIE;
Any financial transactions or purchase and selling of assets;
By problems defined as fortuitous events, or force majeure covered by article 393 of the Brazilian Civil Code;
Computer virus or other malicious code that may affect his/her computer or other equipment, or phishing, spoofing or other forms of attack;
Breakdowns, bugs, errors or inaccuracies of any type on the website, software, systems operated by SURFJUNKIE;
Any other losses that may arise from improper use of the Platform;
Corrupted Digital Wallet files;
Unauthorized access to the Platform;
Delays in the processing of transactions or inability to execute transactions;
Providing incorrect Digital Wallet address;
Inoperability or problems with the email address provided by the USER to send requested information;
Warranty Disclaimer: TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, SURFJUNKIE: (A) DOES NOT PROVIDE ANY OTHER ADDITIONAL DECLARATION OR WARRANTY OF ANY KIND OTHER THAN THE DECLARATIONS AND WARRANTIES EXPRESSLY FORESEEN IN THIS INSTRUMENT; (B) EXEMPTS ITSELF FROM IMPLIED WARRANTIES OF COMMERCIALIZATION, SERVICES RENDERING OR ADAPTATION TO A SPECIFIC PURPOSE AND RELATED ACTIVITIES; (C) DOES NOT GUARANTEE THAT THE SERVICES ARE, OR WILL BE FREE OF ERRORS OR THAT THEY WILL OPERATE UNINTERRUPTEDLY; AND (D) DOES NOT GUARANTEE THAT ANY SURF JUNKIE CLUB RESOURCE MEETS THE REQUIREMENTS, EXPECTATIONS AND/OR SPECIFIC NEEDS OF THE USER.
Exclusion of Damages: TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER, OR TO THIRD PARTIES FOR PROFIT SHORTFALL, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, WORK STANDSTILL, LOSS OF USE OR CORRUPT SOFTWARE, DATA OR INFORMATION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE RESULTING FROM, OR RELATED TO THESE GENERAL TERMS OR TO THE SERVICES, WHETHER THESE LOSSES AND DAMAGES ARE BASED ON UNLAWFUL ACT (INCLUDING NEGLIGENCE), VIOLATION OF LEGAL DUTY, OR ON ANY OTHER LEGAL THEORY, GIVEN THAT THE PARTY HAS BE INFORMED ABOUT THE PROBABILITY OF SUCH LOSSES.
Limited Responsibility. TO THE FULLEST EXTENT PERMITTED BY LAW, SURFJUNKIE’S TOTAL AND ACCUMULATED RESPONSIBILITY ARISING FROM, OR RELATED TO THESE GENERAL TERMS, BASED ON UNLAWFUL ACT (INCLUDING NEGLIGENCE), VIOLATION OF LEGAL DUTY, OR ON ANY OTHER LEGAL THEORY WILL BE LIMITED TO USD 1000,00 (ONE THOUSAND DOLLARS).
In addition to not being exchangeable for another digital asset of the same kind, quality and quantity as a result of the non-fungible characteristics, the Surf Junkie NFTs and Digital Vouchers are collectible items certified by means of blockchain technology. As such, after the acquisition of the Surf Junkie NFT or Digital Voucher, the USER is solely and exclusively responsible for the purchased digital asset and will not be able to change it or claim financial compensation from SURFJUNKIE, be it for other digital assets or any other currency or asset considered similar in value.
SURFJUNKIE may provide links to access other websites but this does not mean that these sites belong, or are managed by SURFJUNKIE. As SURFJUNKIE does not have control over these sites, SURFJUNKIE will not be responsible for content, practices and services offered by these websites. The existence of links to other sites does not imply in partnership, supervision, complicity or solidarity by SURFJUNKIE with these sites and their content.
Sales hosted on third party sites are governed and subject to the additional and applicable terms and policies of these sites. The USER acknowledges and agrees that these third party sites are accessed at their own risk which includes, without limitation, any obligations resulting from tax reporting, compliance or payment.
DISCLAIMER & COMPLIANCE
Good Practices: Any transfers and/or transactions to incorrect addresses cannot be reimbursed as a result of the dynamics of transactions taking place with blockchain technology. SURFJUNKIE recommends that the USER carefully checks all data before going through with transactions.
The USER should always choose a strong password for the Digital Wallet and for account registration and this information should be safely stored without sharing Account and/or Digital Wallet information with third parties. SURFJUNKIE is not responsible for the loss or theft of the login, password, Account, keys and/or any cryptocurrency or collectible that the USER stores on his/her Digital Wallet knowing that the USER is solely responsible for all measures used to protect access to the Account and Digital Wallet information.
Risk of SURFJUNKIE bankruptcy or dissolution. The USER will not be entitled to any type of compensation in the case of SURFJUNKIE bankruptcy or dissolution that prevents the continuity of use and/or of the value of the Surf Junkie NFT.
Crypto Market risk. The price of cryptocurrencies, digital tokens and other cryptoassets can be extremely volatile. The USER must assume the inherent risks of activities and operations involving cryptoassets, including the possibility of changes to protocols and networks that are currently used as well as the risks related to the financial results (profit or loss) resulting from these operations.
Risk of hacking and security weakness. Hackers and other groups and organizations may try to interfere with the Surf Junkie Club in various ways including, but not limited to malware attacks, service denial attacks, attacks based on consensus, sybil attacks, smurfing and spoofing. The risks are inherent to the technology market. Additionally, there is the risk that a Surf Junkie NFT may inadvertently include weaknesses or errors in the source code which may interfere with the use and cause some type of loss.
Risk related to regulatory uncertainties. The regulatory status of NFTs and of blockchain decentralized ledger technology is unclear or unstable in many jurisdictions. It is difficult to foresee how regulatory agencies may introduce laws related to this technology and its applications. Similarly, it is difficult to foresee how, and if legislators or regulatory agencies may introduce changes to the laws and legislation that affect decentralized ledger technologies and their applications. Regulatory action may negatively impact NFTs in various ways including, for illustration purposes only, by way of a decision that NFTs are regulated financial instruments that require registration or licensing. Despite the fact that SURFJUNKIE applies its best efforts to be in total conformity with current rules in the jurisdictions where it operates, SURFJUNKIE may terminate operations in specific jurisdictions in the case of regulatory action, or in the case of changes to the law or regulation that makes it illegal to operate in a specific jurisdiction, or if changes make it commercially undesirable to obtain the necessary regulatory approval to operate in a specific jurisdiction.
Risks associated with the protocol and corresponding public blockchain. Any malfunction, breakdown or abandonment of the protocol or public blockchain based on this protocol may have an adverse effect on the NFT. Additionally, advances in cryptography, or technological advances such as the development of quantum computing may present risks to the tokens making the cryptographic consensus mechanism that supports the protocol inefficient. As a condition to purchase and/or hold a token, the USER must be aware of these risks and accept eventual adverse facts that result from the use of this technology that is still in its early stages.
Unforeseen risks. Cryptographic tokens such as NFTs are a new and untested technology. In addition to the above risks, there are other risks involved in purchasing, storing and using the token including risks that SURFJUNKIE is unable to foresee. Such risks may also materialize as unexpected combinations or variations of the risks described above.
Tax risks. The accounting and tax characteristics of NFTs are still unclear in various countries. USERS must seek their own accounting and tax advice with regards to the purchase of NFTs which might result in adverse tax consequences to the USER involving withheld tax, income tax and tax reporting.
The USER is solely responsible for paying the tax in his/her country regarding the acquisition, property, use or relevant change in the market price of the token, whether losing or gaining value, and/or informing competent tax authorities with the information that might be required by law.
When the USER connects the cryptocurrency wallet he/she acknowledges and agrees that he/she is the only person responsible for the safety of the wallet and for the authentication and control of credentials related to the wallet, public or private cryptocurrency keys, non-fungible tokens or cryptocurrencies that are stored or accessible by means of the wallet.
Any unauthorized access to the cryptocurrency wallet by third parties may result in the loss or theft of NFTs and/or funds kept there and in any related wallets, including any linked financial information such as bank account or credit card information.
SURFJUNKIE is not responsible for managing and maintaining the safety of the USER’s cryptocurrency wallet. SURFJUNKIE is not responsible for any unauthorized access or use of the USER’s cryptocurrency wallet, or if the USER is unable to locate his/her keys. The USER should immediately notify SURFJUNKIE if he/she notices any unauthorized or suspicious activity on the wallet which seems to be related to the Services.
The Surf Junkie NFT and/or Digital Voucher are commercialized with no investment purposes and/or in order to obtain an additional value. It is known that, even if the USER is able to resell the Surf Junkie NFT and/or Digital Voucher on the Secondary Market, SURFJUNKIE does not guarantee, promise and/or create expectations regarding the appreciation of these Digital Assets.
GENERAL PROVISIONS AND FINAL DECLARATIONS
User Data. SURFJUNKIE has no control over User Data that is uploaded by the USER using the Account, Platform and the Services. For this reason, the USER is fully responsible, in the terms of the applicable laws and regulations, for the format, precision, quality, content and legality of the user data loaded, stored and processed on the Account, Platform and Services, particularly for the personal data included in the User Data.
SURFJUNKIE will, during the duration of the agreement, store the user data which is processed on the Account, Platform and Services and the USER will be able to access and copy this information at any moment. USERS that have administrative permission may exclude their data from the Platform as long as this does not undermine the objective of this document and the execution of these General Terms. In the interests of clarity, the USER has control over the data stored, or that is excluded from his/her Account.
SURFJUNKIE will permanently exclude all User Data in up to 30 (thirty) days after the duration of the agreement.
Applicable Law and Jurisdiction. These General Terms are interpreted and complied, in all aspects, with the laws of the Federal Republic of Brazil. The Parties elect the Central Jurisdiction of the district of São Paulo/SP, in order to resolve and disputes, controversies or doubts related to the General Terms, dismissing any other, however privileged it may be.
Notifications. All notifications required, or related to these General Terms should be carried out in writing, using the address informed in the preamble of these General Terms and/or in the User Data and will be considered delivered (a) in person with proof of delivery; (b) using the postal service with a notice of receipt; (c) using a courier service with proof of delivery; and/or (d) specifically by the USER, via email.
Interdependence of Parties. The Parties are independent contractors and no provision of the General Terms should be interpreted in such a way that an employment, association, partnership, franchise, joint venture, agency or fiduciary relationship is created.
Cession. The USER may not wholly or partially assign their rights and obligations under the General Terms without prior and written consent from SURFJUNKIE except for authorization to trade digital assets, as established in these General Terms. SURFJUNKIE may assign these General Terms without prior and written consent by the USER as a result of corporate reorganization, business combination or substantial sale of assets, as long as the assignee is not insolvent or a competitor of the other party. In all other cases, any attempt by the USER to assign his/her rights and obligations of these General Terms will be considered null.
Severability. If any provisions of these General Terms is considered illegal, unenforceable or invalid by the competent court, all other provisions remain enforceable.
Waiver. Any failure or delay in the exercise of any right under the General Terms will not result in the waiving of such a right. The waiving of any right under the General Terms will only be valid by means of an amendment.
Force Majeure. Except with regards to the USER’S obligation to carry our payments to SURFJUNKIE, no party will be liable to the other party for failure or delay in the fulfillment of the obligations foreseen in these General Terms strictly when this failure or delay is related to Force Majeure Events.
“Force Majeure Events” means any necessary events of which effects cannot be avoided or prevented including, but not limited to wars, strikes, fires, pandemics, failure and outages of electrical power and telecommunications systems, natural disasters (e.g. hurricanes, floods, earthquakes, etc.) government prohibitions, among others.
The party impeded from carrying out its obligations as a result of Force Majeure Events should immediately notify the other Party regarding (A) the nature and estimated duration of the Force Majeure Event; (B) the efforts made to mitigate the effects of the Force Majeure Event; and (C) the end of the Force Majeure Event.
Anti-corruption. Both parties agree to observe anti-corruption and money laundering laws during the duration of these General Terms. Corruption is prohibited in all its forms including acts, omissions, organizing and sustaining advantages.
The Parties must be committed to the Prevention and the Fight Against Money Laundering and Financing Terrorism as well as complying with the requirements expressed by law and of regulations by Supervising Authorities. The partners must be diligent in monitoring and detecting operations with signs of money laundering and financing of terrorism by immediately informing the Family Council.
Sustainability. SURFJUNKIE is committed to complying with, and making sure its Partners observe and abide by environmental legislation. Attitudes in relation to the environment prioritize respecting nature and the prevention and reduction of environmental impacts. For such, we incentivize initiatives and commitment of individuals in improving processes and in applying suitable technologies for sustainable development. To protect and adequately manage natural resources is a demonstration of responsibility and an essential aspect for the quality of life of the communities that surround us.
Social Responsibility. SURFJUNKIE does not use child labor and does not purchase products or services from suppliers who are known to use this type if resource, or who keep workers in inhuman work conditions. SURFJUNKIE stimulates participation in social programs, voluntary work and other activities that are intended to improve the quality of life of the community as it understands that the human development is not limited to professional life and to business activities.
Prevalence. The General Terms will prevail over the conditions of any purchase order, or any other instrument issued by the USER which will not be applicable to the General Terms and will not produce any effect, even if SURFJUNKIE accepts, or in any other way does not explicitly or tacitly reject the purchase order or other instrument provided by the USER.
Titles of Clauses. The titles and subtitles of the clauses of these General Terms are only attributed for convenience and will not limit or affect the content or interpretation of the corresponding clause.
Dominant Wording. The USER acknowledges that, if the present General Terms are translated into other languages and in the case of obscurity, contradiction, conflict and/or any doubts with regards to interpretation of any clauses or provisions of these General Terms, the wording in Portuguese/BR will be considered definite and valid.
Age and Platform use prohibition without agreement on the General Terms. In agreeing with the General Terms, the USER certifies that he/she is over the age of 18 (eighteen) as of the date hereof. Use of the platform will be prohibited if there is no agreement on these General Terms.
Amendment to the General Terms and/or of the Services/Platform/Site. At its sole and exclusive discretion SURFJUNKIE reserves the right to alter or modify parts of these General Terms at any moment. SURFJUNKIE reserves the right to change, discontinue, permanently or temporarily, wholly or partially, any Surf Junkie Club resource, with or without prior notice.
