Terms & Conditions

Please carefully read these terms and conditions before using Surf Duke’s Moon Port. By using http://www.surfduke.com, placing orders from the Surf Duke’s Moon Port store, and/or donating to Surf Duke’s Moon Port you agree to the terms and conditions and our Privacy Policy. Surf Duke’s Moon Port operating under Paperworks LLC. and owned by Mission Control Ventures Co. reserves the right to alter or modify these terms and conditions. Users are responsible for keeping themselves updated with eventual changes. If at any time you do not agree to these terms and conditions, you are not allowed use of www.surfduke.com

Throughout the site, the terms “we”, “us” and “our” refer to Surf Duke’s Moon Port. Surf Duke’s Moon Port offers this site including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of the terms and conditions. 

Surf Duke’s Moon Port has made every effort to avoid errors at http://www.surfduke.com. However, information, texts, images, graphics and other material may contain errors, be incomplete or incorrect. In such events – to the fullest extent permitted by law – we cannot be held liable for damages resulting hereof.

Surf Duke’s Moon Port tries to represent our works accurately on www.surfduke.com. However, it is not possible for us to guarantee that the colors you see at www.surfduke.com are exactly the same as the color of the actual item. These differences may depend on the display and color capabilities of your device and therefore we cannot guarantee that the colors are exactly the same as shown on your computer screen.

We reserve the right to withdraw or amend the service we provide at www.surfduke.com , at any time and for any reason, without notice to you. We will not be liable for any reason if www.surfduke.com is unavailable at any time or for any period.

Surf Duke’s Moon Port shall be excused from the performance or punctual performance of any of its obligations under the Terms and Conditions if such performances are prevented, restricted or interfered with for any reason beyond the reasonable control of Surf Duke’s Moon Port, including but not limited to, fire, flood, earthquake, explosion, strike or other casualty or accident (“Force Majeure”).

Use of the Website


Users are encouraged, but not obligated, to register with www.surfduke.com and create a User account in order to donate to or make a purchase from the website. In order to receive free content such as, but not limited to, the Surf Duke’s Moon Port newsletter, and in order to register for any membership tiers, users must create a user account. Users can register by completing a registration form or by logging in via Facebook or Google on the Website or a user account may automatically be created for a user when using certain functions of the Website.

Users must be 18 years or older to register with http://www.surfduke.com and to use the Website and its associated service.


Users must provide accurate, complete, and current information when registering and must keep this up to date. Failure to do so constitutes a breach of these Terms of Service and, in serious cases, may result in immediate termination of the user’s account.

Users must give their real name on the Website. Users must not use any name or term that:

a)   is the name of another person, with the intent to impersonate that person;
b)   is subject to any rights of another person, without appropriate authorization; or
c)   is otherwise offensive, vulgar, or obscene.

It is the user’s responsibility to ensure the safety and security of their user account. Users must not tell anyone the password to their account or allow any other person to access it. Users must take care not to leave their password and account details where someone else could find them.

Users are responsible for all activity that occurs under their account. Users must immediately notify Surf Duke’s Moon Port of any unauthorised use of their account or password, or other known account-related security breach.

Surf Duke’s Moon Port reserves in its sole discretion the right, at any time and without notice:

(a)   cancel, reject, or suspend a user account;
(b)   remove, edit, or modify any content, including, but not limited to, any user submission, for non-compliance with these Terms of Service, and in cases where Surf Duke’s Moon Port suspects fraud or error, or for any other good reason.

Making a user account, a donation or purchase does not entitle a user to any interest in, or benefit from Surf Duke’s Moon Port.

Viruses, Hacking and Other Offences

You must not misuse www.surfduke.com by knowingly introducing viruses, Trojans, worms, logic bombs, corrupted data or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to http://www.surfduke.com, the server on which www.surfduke.com is stored or any server, computer or database connected to www.surfduke.com. You must not attack www.surfduke.com via a denial-of-service attack or a distributed denial-of-service attack.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of www.surfduke.com or to your downloading of any material posted on it or on any website linked to it.

Termination
Surf Duke’s Moon Port may terminate your access to the Website and/or your user account immediately (or at a later time), without cause or prior notice.

If a user wishes to terminate their account, they may do so by following the instructions on the Website.

Upon or at any time after termination of a user account for any reason, Surf Duke’s Moon Port will delete user content except to the extent that Surf Duke’s Moon Port is required to retain it by law, or you consent for Surf Duke’s Moon Port to retain or use it. It is the user’s responsibility to ensure that they have stored their content elsewhere prior to cancelling or terminating their user account. Surf Duke’s Moon Port has no obligation to provide users with a copy of their content and may remove and discard any data at any time from the date a user’s account is terminated.

We may terminate or suspend access to our service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if a user breached the Terms and Conditions. All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnity and limitations of liability.

Indemnities
Users agree to indemnify Surf Duke’s Moon Port, its affiliates, and each of its and its affiliates’ employees, officers, contractors, directors, suppliers, and representatives from and against all losses, liabilities, claims, damage and expenses (including legal costs and expenses on a full indemnity basis) and penalties incurred or suffered by them that arise from or relate to:

(a)   a user’s use or misuse of, or wrongful access to, the Website,
(b)   any act of fraud, breach of applicable law or wilful misconduct by the user or on the user’s behalf; and
(c)   the publication or use of content submitted by the user or any third party using a user’s account including, without limitation, claims brought by any third party relating to defamation, negligent misstatement, injurious falsehood, contempt of court, right to privacy, copyright infringement, trade mark infringement, other intellectual property infringement, disclosure of confidential information, passing off, and misleading or deceptive conduct.

Users agree to notify Surf Duke’s Moon Port of any matter(s) that could reasonably be expected to fall within the above statements as soon as possible after becoming aware of such matter(s).

Surf Duke’s Moon Port reserves the right to assume the exclusive defence and control of any matter subject to indemnification by a user, in which event a user must assist and cooperate with Surf Duke’s Moon Port in asserting any available defences.

Users agree to defend, indemnify, and hold harmless Surf Duke’s Moon Port from any and all claims liabilities, costs, and expenses (including reasonable attorneys’ and experts’ fees) arising in any way from or related to users’ use of the Website or the placement or transmission of any message, information,other materials or content on or through the Website by users or users of their user account or related to any violation of these Terms and Conditions by users or users of their user account.


Intellectual Property
The service and its original content, features and functionality are and will remain the exclusive property of Surf Duke’s Moon Port. All files available to users through making suggested donations are original works of fan art by Surf Duke’s Moon Port.

All intellectual property rights comprising or relating to the Website (including the Surf Duke’s Moon Port logo, characters, original designs and site design) and the name http://www.surfduke.com (“IP”) belong to Surf Duke’s Moon Port. Users’ use of any IP owned by third parties may be subject to a third party’s terms and conditions of use. Nothing in these Terms of Service (or otherwise on the Website) constitutes a transfer or licence of any IP to users. Users must not use any such IP without the express permission of Surf Duke’s Moon Port and, if applicable, the licensor of such IP. Use of third party IP without permission may be an infringement of IP rights and is a serious breach of these Terms of Service, entitling Surf Duke’s Moon Port to terminate a user’s account immediately (without affecting any other rights Surf Duke’s Moon Port may have).

Except to the extent that applicable laws (including the Copyright Act 1968 (Cth)) prevent Surf Duke’s Moon Port from restraining you from doing so, users must not decompile, disassemble, or otherwise attempt to derive any source code or underlying algorithms of any part of the Website, nor copy, transfer, rent, lease, distribute (including, without limitation, communicating to the public), modify, translate, or otherwise create derivative works of any part of the Website.

Any information posted by Surf Duke’s Moon Port on http://www.surfduke.com is the property right of Surf Duke’s Moon Port and may not be copied or used in any other way.

All items for sale at www.surfduke.com are for personal- and non-commercial use only. All logos, designs, graphics, photos, icons, texts, images and data provided at http://www.surfduke.com are owned or licensed by Surf Duke’s Moon Port.

Surf Duke’s Moon Port trademarks include Surf Duke’s Moon Port, Surf Duke, Moon Port, Astro, Porties, Mission Control Ventures Co., Paperworks LLC. and the logos for the named trademarks. Using http://www.surfduke.com does not give you the right to use our trademarks or any other intellectual property rights of http://www.surfduke.com.


Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Surf Duke’s Moon Port.

Surf Duke’s Moon Port has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. Users further acknowledge and agree that Surf Duke’s Moon Port shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise users to read the terms and conditions and privacy policies of any third-party web sites or services that users visit.

Service Providers
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Security
The security of a user’s Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect users’ Personal Information, we cannot guarantee its absolute security. All users’ personal information is held in accordance with the Surf Duke’s Moon Port Privacy Policy. Please review this policy carefully to ensure understanding it before accepting these Terms of Service.

Privacy Policy
Surf Duke’s Moon Port (“we”, “us”, and “our”) operates the Surf Duke’s Moon Port website (the “Service”).

This page informs users of our policies regarding the collection, use and disclosure of Personal Information when they use our Service.

We will not use or share a user’s information with anyone except as described in this Privacy Policy.

We use users’ Personal Information for providing and improving the Service. By using the Service, users agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at www.surfduke.com.

Information Collection and Use
While using our Service, we may ask users to provide us with certain personally identifiable information that can be used to contact or identify them. Personally identifiable information (“Personal Information”) may include, but is not limited to:

Name
Email address
IP address
LOG DATA

We collect information that their browser sends whenever a user visits our Service (“Log Data”). This Log Data may include information such as their computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that they visit, the time and date of their visit, the time spent on those pages and other statistics.

Compliance with Laws
We will disclose user Personal Information where required to do so by law or subpoena.

Changes to this Privacy Policy
We may update our Privacy Policy from time to time. We will notify users of any changes by posting the new Privacy Policy on this page.

Users are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Links to Other Sites
Our Service may contain links to other sites that are not operated by us. If users click on a third party link, they will be directed to that third party’s site. We strongly advise users to review the Privacy Policy of every site they visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Where www.surfduke.com contains links to other websites and resources provided by third parties, these links are provided for users’ information only. The existence of a link to another website does not imply or express endorsement of its provider, product or services by us. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from a user’s use of them or their reliance on content contained in them.

Children’s Privacy
Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from children under 18. If a user is a parent or guardian and is aware that their child has provided us with Personal Information, please contact us. If we discover that a child under 18 has provided us with Personal Information, we will delete such information from our servers immediately.

Limitation of Liability
If a user is a consumer, they have certain rights under consumer protection legislation (“Consumer Rights”), which cannot be excluded or limited by Surf Duke’s Moon Port. Consumer Rights may include statutory guarantees or other non-excludable protections. Nothing in these Terms of Service is intended to exclude, restrict or modify Consumer Rights. However, to the extent that it is permitted by law to do so, and except as contained in Consumer Rights:

(a)   Surf Duke’s Moon Port excludes all representations, warranties, guarantees, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in these Terms of Service; and
(b)   Use of the Website (including, without limitation, all material obtained from or linked to the Website) is at the user’s sole risk.

If Consumer Rights prevent Surf Duke’s Moon Port from excluding any of the representations, warranties, guarantees or other obligations referred to in relation to the services offered on the Website, to the extent to which Surf Duke’s Moon Port is entitled to do so and despite any other provision in these Terms of Service, Surf Duke’s Moon Port limits its liability in respect of any claim relating from those non-excludable representations, warranties, guarantees or other obligations to, at Surf Duke’s Moon Port’s option:

(a)   the supply of the affected services again; or
(b)   the payment of the cost of having the affected services supplied again.

To the fullest extent permitted by law, Surf Duke’s Moon Port excludes all liability to users for any damages or loss suffered by users (including, without limitation, loss of profits, economic loss, loss of data or for direct, indirect, consequential or incidental loss) and however caused (including, without limitation, damage or loss.

Neither users nor Surf Duke’s Moon Port will be liable for any delay in performing or failure to perform any of our obligations under these Terms of Service if that delay or failure is due to an Intervening Event.  A party affected by an Intervening Event will be temporarily excused from performing its obligations for the resulting period of delay, provided that the delaying party promptly notifies the other party in writing of the reasons for the delay or failure to perform those obligations.

Except where otherwise inapplicable or prohibited by law, including the state of Florida, Surf Duke’s Moon Port is not liable to users for claims or liabilities of any kind, including, without limitation, for any direct, indirect, incidental, consequential or any other damages arising out of or related to the use of the website or products by you or by third parties, regardless of whether Surf Duke’s Moon Port has had notice of the possibility of such damages. This includes, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other direct, indirect, special, incidental, or consequential damages. This applies regardless of the manner in which damages are allegedly caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability) or otherwise resulting from the use of, or the inability to use, www.surfduke.com, the use of, or the inability to use, products received through donation or purchase, the use of, or the inability to use, membership accounts, or the cost of procurement of substitute items.

Surf Duke’s Moon Port is not responsible for personal injury resulting from the constructing of any Surf Duke’s Moon Port original works. Nor is Surf Duke’s Moon Port responsible for any personal injury resulting from a purchase made from the Surf Duke Moon Port store.

Governing Law
These Terms shall be governed and construed in accordance with the laws of the United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Without limiting user rights as a consumer under the laws of a user’s country, these terms and conditions as well as all disputes or claims arising hereof and of using or shopping at www.surfduke.com shall be governed by the laws of the state of Florida. Any dispute, controversy or claim arising out of or in connection with these terms and conditions, or the breach or invalidity thereof shall be determined by Florida courts.

E-commerce Agreement

By using Surf Duke’s Moon Port e-commerce services, users accept these terms and conditions and the Surf Duke’s Moon Port Privacy Policy. Surf Duke’s Moon Port offers various online services including but not limited to, products for purchase, memberships, and donations. 

a) Placing an Order

Ordering is open 24 hours a day. However, the store can be closed due to maintenance.


To place an order users are required to provide their personal details, contact information and payment details. It is the user’s responsibility to provide valid details. By placing an order through www.surfduke.com, users make an offer to us to purchase their selected items on these terms and conditions. We may or may not accept an offer at our discretion.

The receipt you receive after clicking “Confirm” is an automated acknowledgement meaning we have received the submitted offer. However, the acknowledgement does not mean that we have accepted the offer, and we reserve the right to decline the offer after a user receives the automatic receipt. We cannot guarantee all items shown at www.surfduke.com are available in stock at the time of order. If the ordered item is out of stock we will contact the user as soon as possible and we will give a full refund. Surf Duke’s Moon Port has the right to decline an offer if we are unable to obtain authorization for payment.

If we accept an offer, a user will receive an order confirmation by email. The contract between the user and Surf Duke’s Moon Port will be effective from the time that the order confirmation is sent by email. In suspicion of fraud we may withdraw a purchase for further investigation.

By ordering a product, users agree to only provide truthful, accurate, valid and current credit card or other payment information. Payment must be received before an order is accepted. Surf Duke’s Moon Port may require additional information regarding an order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed.

An order is conditioned on users accepting this Agreement. Once we receive an authorized order and a verified form of payment has been received, we will promptly place the order in line for shipment or delivery. All items are subject to availability. If the availability of any product is delayed, upon the user’s request, we will cancel the order and if previously charged, payment will be fully refunded for that specific order.

To the extent user conduct may be fraudulent, such as attempting to purchase or purchasing products through the use of fake or stolen payment cards, Surf Duke’s Moon Port will report the user to federal, state and/or local enforcement authorities and take any additional legal action deemed appropriate by Surf Duke’s Moon Port. Surf Duke’s Moon Port does not accept orders from dealers, wholesalers, or customers who are resellers or who intend to resell items offered on the Website. If it is discovered that a user is placing orders with the intent to resell items offered on the Website, we will immediately cancel the order, suspend or terminate their account, and, at our option, pursue any and all available legal remedies from the user under applicable law.

b) Payments

The Services incorporate commercially reasonable methods to authenticate the information users supply for making a payment or donation through the Services. Users will not be able to submit a payment or donation until the Services authenticate them and they will not be allowed to use the Services until they have read these Terms and Conditions and have acknowledged doing so by clicking the “I Accept” box.

As the user of the Services, and upon acceptance of these Terms and Conditions, a user will have submitted their banking account or credit card account information. The user is responsible for any legal, regulatory, or banking penalties and fees that may be assessed for supplying false information to us for use with the Services.

Users of these services are subject to all E-Commerce credit policies procedures and regulations.

If the Designated Account is a banking or credit card account for a user’s business, then it must be one for which they are a properly authorized signer.

By accepting these Terms and Conditions, a user authorizes third parties on behalf of Surf Duke’s Moon Port to initiate a charge to the user’s method of payment. Each time users use the Services, they will be reauthorizing us to charge them.


When using these Services to send us a payment instruction, users authorize third parties on behalf of Surf Duke’s Moon Port to initiate a message to the user’s payment provider to charge them and to send those funds to us for payment so that we receive the funds as close as reasonably possible from the time of purchase or donation. All charges are based on the applicable U.S. Dollar purchase price plus tax, if applicable, and are subject to foreign exchange rates (if applicable) and other fees that the institution issuing your credit card may impose, including foreign transaction fees. Cancellations can only be processed prior to the close of business on the same day the payment was made.


c) Shipping and Taxes
Surf Duke’s Moon Port will add applicable shipping and handling fees and taxes to orders. No taxes will be applied to donations. Unless otherwise stated, Surf Duke’s Moon Port will use commercially reasonable efforts to fulfill orders within a reasonable time after receipt of properly completed and verified orders. Although Surf Duke’s Moon Port may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. Users further understand that product availability may be limited and particular products may not be available for immediate delivery. Surf Duke’s Moon Port shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service. The risk of loss and title for such items pass to users upon our delivery to any third party carrier. Surf Duke’s Moon Port reserves the right to reject orders where the stated delivery address is outside the United States.

d) Refunds
All donations are final and not subject to refund requests. All digital items are final and not subject to refund requests. To the maximum extent permitted by law, we offer no refunds unless a physical product is faulty. If a faulty product is received, users must advise us via email within 7 days of receiving the product and return the product in its original, undamaged packaging before we can provide a refund. We do not accept returns or provide refunds for product dissatisfaction. No refunds can be processed after 30 days from purchase.


e) Membership Terms
A paid subscription to a Surf Duke’s Moon Port membership tier includes enrollment into an ongoing and recurring payment plan. Your subscription will automatically renew at the end of the disclosed billing period for the same duration as the most recently completed billing period (e.g., one month, or any other term then-offered) and payment will be charged to a user’s chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled in accordance with the instructions for cancellation set forth below. Users can cancel any time after you have signed up by following those instructions.

Surf Duke’s Moon Port reserves the right to change the pricing for memberships or any part of services available in any manner and at any time. In the event of a price change, we will attempt notification thirty (30) days in advance of the change by sending an email to the email address the user has registered. If a user does not wish to accept a price change, they may cancel their subscription in accordance with the instructions included in that email and in this agreement. If the subscription is not canceled after the price change takes effect and prior to the start of a new billing period, the subscription will be renewed at the price in effect at the time of renewal, without any additional action, and will authorize us to charge the user’s payment method for these amounts. We will not be able to notify of any changes in applicable taxes.

Except as otherwise required by law, for all automatically renewing subscriptions of less than one (1) year, Surf Duke’s Moon Port is not obligated to send any renewal or advance billing notices indicating a user will be or has been charged.

We may keep detailed user payment information, such as a credit card number and expiration date, on file. Users are responsible for keeping their payment method details up-to-date by changing the details when necessary. If chosen payment method details change or are due to expire during the life of a user’s subscription, Surf Duke’s Moon Port may contact them and/or obtain from their payment card provider updated details including their card number, expiration date and CVV (or equivalent). This enables us to continue to provide the user access to the membership. If a payment is not successfully authorized for any reason, we may suspend or terminate the subscription. Users also agree that we may charge their payment method on file if they decide to re-activate their subscription.

Users hereby agree to pay all charges to their account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. All charges are based on the applicable U.S. Dollar purchase price plus tax, if applicable, and are subject to foreign exchange rates (if applicable) and other fees that the institution issuing your credit card may impose, including foreign transaction fees.

The right to use Surf Duke’s Moon Port subscriptions is conditional upon our receipt of payment. If payment cannot be authorized or if a charge is refunded for any reason, including chargeback, we reserve the right to, immediately and without notice, suspend or terminate a subscription, including a user’s access to their membership and account. Users are required to pay any amounts still owed to us at the time their subscription is suspended or terminated.

When accessing Surf Duke’s Moon Port website and membership services through a mobile network, the user’s network or roaming provider’s data and other rates and fees will apply. Marvel is not responsible for any other charges users may incur using Surf Duke’s Moon Port services.

Payments are nonrefundable and there are no refunds or credits for partially used billing periods. Surf Duke’s Moon Port may provide a refund, discount or other consideration to any one or more account holders, at Surf Duke’s Moon Port’s sole and absolute discretion and without admission of fault or liability.

By starting one of Surf Duke’s Moon Port monthly membership subscriptions and providing a payment method, a user authorizes Surf Duke’s Moon Port to charge them a monthly subscription fee at the then-current rate, plus tax, if applicable (the “Monthly Fee”). Surf Duke’s Moon Port will adjust the subscription fee for any period in which a user has redeemed a promotion or membership gift created and made available only by Surf Duke’s Moon Port and only for the set amount of time to which the promotion or membership gift is valid set by Surf Duke’s Moon Port.

The Monthly Fee will be charged at the beginning of your paying subscription and each month thereafter unless and until canceled by the user. Surf Duke’s Moon Port automatically charges the user’s payment method each month on or around the calendar day corresponding to the commencement of their paying subscription. Surf Duke’s Moon Port reserves the right to change the timing of charging for any reason, including in the event that a payment method is not valid when we attempt to charge it. To view the next renewal date go to My Account on the Website.

A user may cancel their subscription at any time before the end of the current billing period or Promotional Trial, as applicable, which cancellation will take effect at the end of their current billing period or Promotional Trial period; they will continue to have access to the membership Service until the end of their current billing period or Promotional Trial period. Surf Duke’s Moon Port does not provide refunds or credits for any partially used billing period. If a user cancels their subscription during a Promotional Trial period in accordance with the terms of such promotion, they will not be charged a subscription fee, and will lose their access to the membership Service upon the expiration of their Promotional Trial period. Cancellations must be requested via email at info@surfduke.com

In accordance with a user’s chosen membership level, users may upgrade to a higher level at anytime within their current billing cycle by using the website’s upgrade feature to assess a one-time fee difference to the user’s preferred form of payment from the user’s current membership tier level and will maintain the user’s current billing cycle; enacting the higher tier level’s full cost amount beginning with the user’s subsequent billing cycle. 

f) Donations
On the donations of funds for the activities of Surf Duke’s Moon Port operating under Paperworks LLC. owned by Mission Control Ventures Co., an agreement shall be concluded on the basis of the Donor’s interest to make a monetary donation to Surf Duke’s Moon Port for the purpose of Surf Duke’s Moon Port reaching its operational costs and goals.

Users may become a donor (“Donor”) by pledging a donation to Surf Duke’s Moon Port by using the donation tool on our Website. Users acknowledge and agree that they are under no obligation to become a Donor or to pledge a donation and that they will be solely responsible for any decision to become a Donor. Users understand that their contribution is being made to Surf Duke’s Moon Port and that Surf Duke’s Moon Port has exclusive legal control over all donations. In the event that users make a donation, they will be required to provide truthful, accurate, valid, and current credit card or other payment information at the time of the pledge. Users agree that all donations are final. Donations made to Surf Duke’s Moon Port are non tax deductible.

The inclusion of a suggested donation amount per Surf Duke’s Moon Port design file is a required amount in order to retain the file in a downloadable or physical book format. The amount of the suggested donation reflects the operational costs and goals of Surf Duke’s Moon Port in order to produce each file that are unique in design, scale and production requirements.

Emails
By use of this Website, users acknowledge that they may receive email notices for the following:
a) Enrollment confirmation
b) New notice
c) Receipt of donation or purchase
d) Failed/rejected payment

e) Canceled Order

f) Forgotten password

By use of this Website, users acknowledge that they may receive email or email notification for those bills, notices and information that are available through the Services. Users must provide legal email addresses to continue to use the Services. Users who do not provide proper mailing addresses and/or email addresses may be prohibited from using the Services at Surf Duke’s Moon Port’s sole discretion.

User Accounts
The Services offer Users a variety of functions and services. Many of the Services will involve information about user accounts and other personal information. To protect user’s privacy, we may require users to establish a user account to access such Services (such an account, a “user account”). We reserve the unqualified right to accept or decline an application to open a user account, to terminate any user account, and to discontinue the provision of any Service related to such user account.

In connection with opening a user account, users will designate a user name and password that they will use to establish their identity when logging in to use certain Services. Users agree to provide accurate and complete information when opening a user account, to update their information (that can be edited) as necessary so it remains accurate and complete, and not to operate under an alias or otherwise conceal their identity.

The right to use the Services and functions of a User Account on the Website is limited to you as the party enrolling and those authorized persons to whom you give your user name and password. You are responsible for safeguarding your user name and password and agree to hold Surf Duke’s Moon Port and third parties operating on behalf of Surf Duke’s Moon Port harmless from any claims related to its improper use. Users agree to be responsible for all acts or omissions with respect to access to or use of a user account by any person using their username and password. Information collected from users on this Website (including information about their account and personal information) is subject to our Privacy Policy.

User Conduct
While using the Services, users may not:

a) retransmit, republish, distribute, reuse, resell, repost, re-engineer, or make multiple copies of the Services or any portion thereof without our prior written consent;
b) upload, post, publish, transmit, reproduce, or distribute through the Website any material that infringes on any third party’s copyright, patent, trademark, service mark, trade dress, trade secret, or other proprietary rights, or which violates any contractual fiduciary, or nondisclosure obligations;
c) engage in conduct, during use of the Website, that is unlawful, threatening, harassing, abusive, fraudulent, defamatory, libelous, or invasive of the privacy rights of others;
d) upload, post, publish, transmit, reproduce, or distribute through the Website any material that contains advertising solicitations, bulk unsolicited emails or spam, chain letters, pyramid opportunities, or offers for the sale of goods or services;
e) upload, post, publish, transmit, reproduce, distribute through the Website, or place any links on the Website to any material that is vulgar, obscene, profane, hateful, sexually explicit, or otherwise objectionable;
f) alter, interfere, or disrupt the content or functioning of the Website or the Services, including but not limited to uploading, posting, or transmitting any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, interfere with, capture, intercept, or expropriate the Website or any data contained therein; or disproportionately burdens the operation of the Website;
g) use the Services to gain unauthorized entry or access to other computer systems or networks;
h) “mirror” the Services or any of its content on any other server without the express prior written permission of the City;
i) impersonate any person or entity, falsely state, or otherwise misrepresent your affiliation with any person or entity, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content that you post or otherwise transmit to us via the Website;

j) upload, post, publish, transmit, reproduce or distribute through this Website any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, regulation, or government order; or
k) Gain access to any account where you are not the primary account holder or where the primary account holder has not expressly authorized your access to their account via this service.

Google Adsense
Google, as a third party vendor, uses cookies to serve ads on our Service.

Cookies
Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.

We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Cookies Policy
Surf Duke’s Moon Port (“us”, “we”, or “our”) uses cookies on www.surfduke.com (the “Service”). By using the Service, you consent to the use of cookies.

Our Cookies Policy explains what cookies are, how we use cookies, how third-parties we may partner with may use cookies on the Service, your choices regarding cookies and further information about cookies.

What are cookies
Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.

Cookies can be “persistent” or “session” cookies.

How Surf Duke’s Moon Port, www.surfduke.com, uses cookies
When you use and access the Service, we may place a number of cookies files in your web browser.

We use cookies for the following purposes: to enable certain functions of the Service, to provide analytics, to store your preferences, to enable advertisements delivery, including behavioral advertising.

We use both session and persistent cookies on the Service and we use different types of cookies to run the Service.

We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.

Third-party cookies
In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on.

What are your choices regarding cookies
If you’d like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.

Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

Contact Us
If you have any questions about this Privacy Policy, please contact us at contact@surfduke.com

Date of Last Update: September 14, 2020

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