Information security is important to Surfernet. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. Surfernet does, however, reserve the right at all times to disclose any information as Surfernet deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Intellectual Property Rights
The Platform contain valuable trademarks, products and services marks owned and/or used by Surfernet. Any use of them without the prior written permission of Surfernet is strictly prohibited. The arrangement and layout of the Platform, including but not limited to, the brands, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the "Platform Content"), are the sole and exclusive property of Surfernet.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE PLATFORM IS PROHIBITED.
Surfernet uses a network of independent product and content suppliers, distributors and other such third parties to supply the products and content advertised on the Platform. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us but appear on the Platform are the property of their respective owners. .
Applicable in the case of the Platform permit the submission of content, such as comments, blogs and product reviews, generated by you and other users ("User Content").
You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Platform is non-confidential and non-proprietary.
By submitting User Content, you represent and warrant to Surfernet that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize Surfernet to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate Surfernet's Acceptable Use Policy set forth below.
Surfernet does not endorse any User Content or any opinion, recommendation, or advice expressed therein. Surfernet reserves the right but is not obligated to monitor User Content or other content sent to or through the Platform. Surfernet has the right to refuse, remove, edit or delete any User Content and/or to terminate any user's access to the Platform for any reason. Surfernet takes no responsibility for User Content.
Social Media Tag Usage
BY USING #3DVIRTUALMALL, @3DVIRTUALMALL AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY WAY RELATED TO ANY OF THE PLATFORM, EACH USER AGREES TO PROVIDE SURFERNET WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING MATERIALS, ON SPONSOR’S WEBSITES, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHTS AND TRADEMARK RIGHTS.
Acceptable Use Policy .
By submitting User Content and otherwise using the Platform, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant Surfernet all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Platform to harm any person or entity, including Surfernet; (iv) impersonate any person or entity, including but not limited to, a representative of Surfernet, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Platform; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Platform or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Platform without their consent; (x) use the Platform (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (y) use any of the Platform in any manner that could overburden or impair any of the Platform or the networks or systems connected to the Platform; and/or (z) use any device, software or instrumentality to interfere with the proper working of the Platform or disobey any requirements, procedures, policies or regulations of networks connected to the Platform.
You also agree that you will not violate or attempt to violate the security of the Platform. Violations of system or network security may result in civil or criminal liability. Surfernet reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. .
Prices and availability of products on the Platform are subject to change from product and content suppliers’ distributors and other such third parties to supply the products and content advertised on the Platform.
Surfernet reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Surfernet's sole discretion.
When a product listing on our Platform the retail price is suggested by the manufacturer or supplier.
Surfernet is not responsible for any price match, sales or promotional codes.
Links to Other Websites.
Mobile Devices and Mobile Applications
By opting in, you agree to receive promotional SMS text messages on your mobile device. Your consent is not required as a condition of purchasing any goods or services from the Platform. By agreeing to receive SMS messages from the Platform, you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated mobile phone number and can incur any mobile message or data charges. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Platform or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.
Communications with Surfernet
For all communications made to or with Surfernet, including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and Surfernet will have no obligation to protect your communications from disclosure; (ii) Surfernet will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Surfernet will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
Disclaimer of Warranties
Surfernet intends for the information and data contained in the Platform to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Platform and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, SURFERNET EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.
Limitation on Liability
IN NO EVENT WILL SURFERNET OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS PLATFORM OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE PLATFORM OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE PLATFORM OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF SURFERNET HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Platform or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdiction’s liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if Surfernet is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.
YOU AND SURFERNET AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Right to Access
YOU MUST BE AT LEAST AGE 13 TO USE THE PLATFORM. By using the Platform, you affirm that you are over age 13. If you are under age 13, you may not access or use the Platform.
IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER'S REGISTRATION WITH AND USE OF THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER'S USE OF THE PLATFORM.
Surfernet periodically schedules system downtime for the Platform for maintenance and other purposes. Unplanned system outages also may occur. You agree that Surfernet has no responsibility and is not liable for: (a) the unavailability of the Platform; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, miss-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting the Platform, any Internet service providers or otherwise.
The Platform are operated by Surfernet from its offices in New Jersey, USA. The Platform are intended for users who reside in the United States of America. Surfernet makes no representations or warranties that the Platform or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the Platform outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Surfernet reserves the right to limit the availability of the Platform and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion.
Surfernet’s Copyright Policy
This Copyright Policy describes Surfernet's policy of prohibiting any information or materials that violate another party's intellectual property rights from appearing on www.3dhudsonempire.com, www.surfernet.com and their related domains.
Notification of Alleged Copyright Infringement
If you believe in good faith that material appearing on the Platform infringes your copyright, you (or your agent) may send Surfernet a written notification pursuant to the Digital Millennium Copyright Act (a "DMCA Notice"). Your DMCA Notice should be sent to Surfernet contain all of the information listed below:
- Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Platform are covered by a single notification, you may provide a representative list of such works on the Platform; however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;
- Identification of the URL or other specific location on the Platform that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material and comply with your request to remove or deny access to the material;
- Your name, address, telephone number and email address (if available);
- The electronic or physical signature of the owner of the copyright or a person authorized to act on the copyright owner's behalf;
- A statement that you have a good faith belief that use of the material on the Platform as you have described in the DMCA Notice is not authorized by the copyright owner or its agent or the law; and
- A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you fail to comply with all of the above requirements, your DMCA Notice will not be valid. Please note that you may be liable for damages, including court costs and attorneys' fees, if you materially misrepresent that materials on the Platform are infringing a copyright.