BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
True Surf offers auto-renewing subscriptions in select Territories.
Frequent Flyer Monthly is a monthly subscription service that enables you unlimited free travel to all surf spots in True Surf. Frequent Flyer Monthly cost 2.99 USD/month (or local equivalent) and will be charged on your iTunes Account after purchase and when the subscription renews monthly.
Perfect Storm Monthly is a monthly subscription service that enables you unlimited activations of Perfect Storms at all surf spots in True Surf. Perfect Storms provide a boost to live surf conditions and each activation lasts for 5 minutes. Perfect Storm Monthly cost 2.99 USD/month (or local equivalent) and will be charged on your iTunes Account after purchase and when the subscription renews monthly.
Subscriptions will renew automatically unless auto-renew is turned off at least 24-hours before the end of the current period. Payment will be charged to iTunes Account at confirmation of purchase. Account will be charged for renewal within 24-hours prior to the end of the current period.
Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase. No cancellation of the current subscription is allowed during active subscription period.
Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.
Grant of a Limited Licence to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant True Axis policies, True Axis grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The Service is licensed, not sold, to you, and you hereby acknowledge that no title or ownership in the Service is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Service. Licensor retains all right, title, and interest to the Service, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights.
The following restrictions apply to the use of the Service:
You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by True Axis, or previously been banned from playing any True Axis game.
You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements.
Login information and Your Account
You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify True Axis and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
True Axis reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
Engage in any act that True Axis deems to be in conflict with the spirit or intent of the Service or make improper use of True Axis’ support services.
Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service for any True Axis game.
Modify or cause to be modified any files that are a part of the Service or any True Axis game without True Axis’ express written consent.
Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing True Axis’ games. This includes any kind of manipulation of leaderboards, competitions, rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server ("Server") used to offer or support the Service or any True Axis game environment.
Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by True Axis, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including True Axis employees.
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a True Axis employee.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any True Axis game, or to obtain any information from the Service or any True Axis game using any method not expressly permitted by True Axis.
Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any True Axis game.
True Axis reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. True Axis reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, TRUE AXIS MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR TRUE AXIS SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR ACCOUNT NAME IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND TRUE AXIS IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PART xzx Y INTELLECTUAL PROPERTY RIGHTS.
True Axis reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, True Axis shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
You may terminate your Account at any time and for any reason by emailingand informing True Axis that you wish to terminate your Account.
Games and Service
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, character profile information, recordings of games played using a True Axis game client, and the True Axis game clients and server software) are owned by True Axis. True Axis reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
In order to use the Service or a software feature, or for certain features of the Service to operate properly, you may be required to have and maintain a valid and active user account with an online service, such as a third-party social network account ("Third-Party Account. If you do not maintain such accounts, then certain features of the Service may not operate or may cease to function properly, either in whole or in part. The Service may also require you to create a Software-specific user account with Licensor or a Licensor affiliate ("User Account") in order to access the Software and its functionality and features. Your User Account log-in may be associated with a Third-Party Account. You are responsible for all use and the security of your User Accounts and any Third-Party Accounts that you use to access and use the Software.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF TRUE AXIS.
True Axis owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in True Axis games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any True Axis game, whether earned in a game or purchased from True Axis, or any other attributes associated with an Account or stored on the Service.
True Surf Clams
True Surf may offer in-game clams (credits or coins) (either for purchase or for free, at True Axis’ discretion) that enable you to participate in competitions and purchase virtual apparel and baords and other items through the Service (the "True Surf Clams"). By purchasing or obtaining True Surf Clams, True Axis is granting you a limited license right to you to utilize certain features of our product and service offering as allowed by True Axis. True Surf Clams do not have monetary or stored value or any credit balance of real currency or its equivalent and are not redeemable for money at any time. True Axis may regulate, modify and/or eliminate True Surf Clams at any time at its discretion with no liability to you or to any third party from the exercise of such right. You agree that you will not, under any circumstances gather or transfer True Surf Clams or virtual items for sale or use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service.
You can access and view your available True Surf Clams in the games header and when logged into your User Account. True Axis reserves the right, in its sole discretion, to make all calculations regarding the available True Surf Clams in your User Account. Licensor further reserves the right, in its sole discretion, to determine the amount of and manner in which True Surf Clams are credited and debited from your User Account in connection with your purchase of virtual goods or for other purposes. While True Axis strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that Licensor's determination of the available True Surf Clams and True Surf virtual goods in your User Account is final, unless you can provide documentation to True Axis that such calculation was or is intentionally incorrect.
All purchases of True Surf Clams and True Surf virtual goods are final and under no circumstances will such purchases be refundable, transferable, or exchangeable. Except as prohibited by applicable law, Licensor has the absolute right to manage, regulate, control, modify, suspend, and/or eliminate such True Surf Clams and True Surf virtual products as it sees fit in its sole discretion, and Licensor shall have no liability to you or anyone else for the exercise of such rights.
Submission of User Content
User Created Content
The Service may allow you to create content, including, but not limited to replays of your game play. In exchange for use of the Service, and to the extent that your contributions through use of the Service give rise to any copyright interest, you hereby grant Licensor an exclusive, perpetual, irrevocable, fully transferable, and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Service and related goods and services, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive and agree never to assert any moral rights of paternity, publication, reputation, or attribution with respect to Licensor's and other players' use and enjoyment of such assets in connection with the Service and related goods and services under applicable law. This license grant to Licensor, and terms above regarding any applicable moral rights, will survive any termination of this Agreement.
The Service may require an internet connection to access internet-based features, authenticate the Service, or perform oter functions.
Your License to True Axis
You hereby grant to True Axis an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to True Axis the right to authorize others to exercise any of the rights granted to True Axis under these Terms of Service. You further hereby grant to True Axis the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. True Axis does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. True Axis has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or True Axis games. True Axis reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with True Axis to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting True Axis access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, partners and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Fees and Purchase Terms
In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency", including but not limited to virtual clams, all for use in True Axis games; (b) "virtual in-game items" (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Apparel and Boards"). You are only allowed to purchase Virtual Items from us or our authorised partners through the Service, and not in any other way.
True Axis may manage, regulate, control, modify or eliminate Virtual Items and/or Apparel and Boards at any time, with or without notice. True Axis shall have no liability to you or any third party in the event that True Axis exercises any such rights.
The transfer of Virtual Items and Apparel and Boards is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to True Axis, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in True Axis games is a service provided by True Axis that commences immediately upon acceptance by True Axis of your purchase.
Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. True Axis may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT TRUE AXIS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Updates to the Service
You understand that the Service is an evolving one. True Axis may require that you accept updates to the Service and to True Axis’ games you have installed on your device. You acknowledge and agree that True Axis may update the Service and True Axis games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play True Axis games.
Disclaimer of Warranties
WITHOUT LIMITING TRUE AXIS’ LIABILITY UNDER SECTION BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TRUE AXIS DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRUE AXIS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRUE AXIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, TRUE AXIS SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO TRUE AXIS IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO TRUE AXIS DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND TRUE AXIS’ EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH TRUE AXIS IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF TRUE AXIS OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF TRUE AXIS.
You agree to indemnify, defend and hold True Axis (and our officers, directors, agents, subsidiaries, joint ventures, partners and employees) harmless from any claim, demand, damages or other losses, including reasonable legal fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
Dispute Resolution and Law
You agree that any claim or dispute you may have against True Axis shall be governed by the laws of the State of Victoria, Australia.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by True Axis shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of True Axis.
You acknowledge that the rights granted and obligations made under these Terms of Service to True Axis are of a unique and irreplaceable nature, the loss of which shall irreparably harm True Axis and which cannot be replaced by monetary damages alone so that True Axis shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any True Axis game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Limitation clauses above (if any).
True Axis shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of True Axis, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond True Axis’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.