Terms of Service

These Terms of Service ("Terms") govern your use of The Shaping Bay website and services (collectively, the "Service") operated by The Shaping Bay ("we," "us," or "our"). By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Service.

1. Acceptance of Terms

By creating an account or using our Service, you represent that you are at least 13 years of age and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

The Shaping Bay provides a platform for:

• Designing and customizing surfboard specifications
• Sharing surfboard designs with the community
• Connecting surfboard shapers with customers
• Facilitating orders for custom surfboards
• Building a community around surfboard shaping

3. User Accounts

Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

Account Termination

We reserve the right to suspend or terminate your account at any time for violating these Terms or for any other reason at our sole discretion.

4. User Content

Content Ownership

You retain ownership of any content you submit, post, or display on the Service ("User Content"). By posting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, distribute, and display such content in connection with operating and improving the Service.

Content Guidelines

You agree not to post content that:

• Violates any laws or regulations
• Infringes on intellectual property rights
• Contains false, misleading, or deceptive information
• Is harassing, abusive, or threatening
• Contains malware or harmful code
• Impersonates another person or entity

5. Acceptable Use Policy

You agree not to:

• Use the Service for any illegal purpose
• Attempt to gain unauthorized access to any portion of the Service
• Interfere with or disrupt the Service or servers
• Use automated systems to access the Service without permission
• Collect or harvest user information without consent
• Engage in any activity that could damage our reputation

6. Intellectual Property Rights

The Service and its original content (excluding User Content), features, and functionality are owned by The Shaping Bay and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without our express written permission.

7. Transactions and Payments

Platform Role

The Shaping Bay acts as a platform to connect shapers and customers. We are not a party to transactions between users and are not responsible for the quality, safety, or legality of surfboards or services offered through the platform.

Payment Processing

Payment processing services are provided by third-party payment processors. By using these services, you agree to their terms and conditions. We are not responsible for errors by payment processors.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF INFORMATION

We do not guarantee that the Service will be uninterrupted, secure, or error-free.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SHAPING BAY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICE.

10. Indemnification

You agree to indemnify, defend, and hold harmless The Shaping Bay, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.

11. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

12. Dispute Resolution

Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English and the arbitrator's decision shall be final and binding.

Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive your right to participate in a class action lawsuit or class-wide arbitration.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to its conflict of law provisions.

14. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on the Service. Your continued use of the Service after any changes constitutes acceptance of the new Terms.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and The Shaping Bay regarding the use of the Service.

17. Contact Information

If you have any questions about these Terms, please contact us at: