Terms of Use – Quiksilves

Welcome to Quiksilves, your go-to destination for the latest clothing, accessories, surf gear, and snowboard equipment. By accessing or using our website (quiksilves.com), you agree to be bound by these Terms of Use. Whether you’re browsing our collections, placing an order, or engaging with our content, these terms ensure a secure, respectful, and enjoyable experience for all users—whether you’re a seasoned surfer, snowboard enthusiast, or casual outdoor lover.

1. Eligibility and Account Creation

  • You must be at least 13 years of age to use our website. If you are under 18, you may use the website only with the supervision of a parent or legal guardian. For purchases, you must be at least 18 years old or have parental/guardian consent to complete transactions.
  • To access certain features (such as saving favorite surfboards, tracking orders, or storing size preferences for clothing), you may need to create an account. When creating an account, you must provide accurate and complete information, including a valid email address (we recommend using the same address for communications with [email protected]).
  • You are responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities conducted under your account. You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account or a breach of security—especially important given the high value of items like premium snowboards or custom surfboards.

2. Permitted Use of the Website

  • Our website is intended for personal, non-commercial use. You may browse the site, view product listings (including details about clothing, accessories, surf gear, and snowboard equipment), create an account, place orders for personal use, and engage with our content (e.g., reading gear reviews, watching snowboarding tutorials, or learning about surfboard care).
  • Commercial use of the website is strictly prohibited without our prior written consent. This includes, but is not limited to: reselling products purchased from us, scraping content (e.g., product images, sizing charts for wetsuits, or pricing for snowboard bindings), using our platform for business solicitation, or reproducing our content for commercial gain (such as in a competing outdoor gear catalog).
  • You agree to use the website in compliance with all applicable laws and regulations, including those related to online transactions, intellectual property, and the import/export of outdoor equipment.

3. Intellectual Property

  • All content on our website, including but not limited to text, images, graphics, logos, trademarks, product photos (of clothing, surfboards, snowboards, and accessories), videos, tutorials, and software, is the property of Quiksilves or our licensors and is protected by copyright, trademark, and other intellectual property laws.
  • The “Quiksilves” name and logo, along with unique product identifiers (e.g., “WaveRider™ Surfboards,” “SlopeMaster™ Snowboard Bindings”), are trademarks of Quiksilves. You may not use these trademarks or any confusingly similar marks without our express written permission.
  • Our product designs—including the shape of surfboards, the structure of snowboard bindings, and the patterns of outdoor clothing—are protected by design patents and copyrights. You may not replicate, copy, or adapt these designs for commercial use (e.g., creating knockoff gear) or distribute them without our prior written authorization.
  • You may not copy, reproduce, distribute, modify, display, or create derivative works of any content on our website—including product images, gear care guides, or tutorial videos—without our prior written consent. This includes sharing content on social media or other platforms unless explicitly permitted (e.g., via embedded links or share buttons).

4. User Content

  • If you submit content to our website (such as product reviews, photos of you using our gear, or comments on blog posts about surf spots), you grant Quiksilves a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute that content in connection with our business. This may include featuring your review on a product page or sharing your snowboarding photo on our social media (with credit to you, where applicable) to showcase how our gear performs in real conditions.
  • You warrant that any user content you submit is accurate, does not infringe on any third-party rights, and is not defamatory, obscene, threatening, or otherwise unlawful. We reserve the right to remove any user content that violates these terms or is deemed inappropriate at our discretion—for example, reviews containing false claims about a surfboard’s durability or images featuring our gear in a dangerous or illegal context.

5. Prohibited Activities

When using our website, you agree not to:

  • Violate any applicable laws, regulations, or third-party rights—including those governing the purchase, sale, or export of outdoor equipment and clothing.
  • Attempt to gain unauthorized access to our website, servers, or user accounts (including through hacking or phishing), especially to access sensitive information about orders, customer data, or gear designs.
  • Use the website to transmit spam, malware, viruses, or other harmful content—particularly content that could disrupt the experience of other users or compromise the security of high-value transactions.
  • Interfere with or disrupt the operation of the website or the servers and networks connected to it (e.g., through DDoS attacks).
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity (e.g., claiming to be a Quiksilves sponsored athlete or authorized retailer).
  • Engage in any activity that could damage, disable, overburden, or impair the website—such as automated scraping of product data, inventory, or customer reviews for surf or snow gear.
  • Manipulate product prices, ratings, or reviews (e.g., posting fake reviews to inflate a snowboard’s rating) or engage in fraud related to orders (e.g., using stolen credit cards to purchase a premium surfboard).
  • Share or post content that invades privacy, promotes dangerous behavior (e.g., unsafe snowboarding practices), or violates standards of decency—particularly in the context of outdoor safety.

6. Third-Party Links

Our website may contain links to third-party websites or services (e.g., payment processors, shipping carriers, outdoor activity blogs, or weather sites for surf conditions). These links are provided for your convenience, and we do not endorse or control the content, privacy policies, or terms of use of these third-party sites. Your use of third-party websites is at your own risk.

7. Disclaimer of Warranties

  • Our website and all content, products, and services provided on or through the website are offered on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.
  • Quiksilves disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. While we strive to ensure product descriptions and images are accurate (e.g., surfboard dimensions, snowboard flex ratings), we do not warrant that they will be error-free or that colors will exactly match in-person due to screen variations.
  • We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components. However, we take extensive steps to maintain a secure and reliable platform for our users, especially for transactions involving high-value outdoor gear.

8. Limitation of Liability

  • To the maximum extent permitted by law, Quiksilves shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to your use of our website, including but not limited to damages for loss of profits, data, or other intangibles, even if we have been advised of the possibility of such damages.
  • Our total liability to you for any claims arising out of or related to these Terms of Use or your use of the website shall not exceed the total amount paid by you for products purchased through the website in the 12 months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Quiksilves, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorney’s fees) arising out of your use of our website, violation of these Terms of Use, or infringement of any third-party rights. This includes claims related to user content you submit (e.g., a lawsuit over unauthorized use of a photo) or misuse of our products (e.g., injuries from improper use of snowboard equipment).

10. Termination

We reserve the right to terminate or suspend your access to the website at our discretion, without prior notice, if you violate these Terms of Use or engage in any conduct that we deem harmful to our business or users. This includes, but is not limited to, fraudulent activity, repeated policy violations, or posting inappropriate content. Upon termination, your right to use the website will immediately cease, and any pending orders may be canceled at our discretion.

11. Changes to Terms

We may modify these Terms of Use at any time. Any changes will be posted on this page with a revised “last updated” date. Your continued use of the website after the posting of changes constitutes your acceptance of the modified terms. We encourage you to review these terms periodically—just as you would inspect your surfboard leash or snowboard bindings before a big adventure.

12. Contact Us

If you have any questions or concerns regarding these Terms of Use, please contact our dedicated customer service team:

Email: [email protected]