|Santa Barbara > Terms of Service|
TERMS AND CONDITIONS OF USE
ACCEPTANCE OF TERMS
SantaBarbara.com, Carpinteria.com, Ventura.com, Oxnard.com, Camarillo.com and SantaYnez.com (collectively the “Sites”) are owned and operated by Coastline Communications Corporation (“Coastline”). Coastline provides its services to you subject to the following conditions. By visiting, using or utilizing the services found on any of the Sites, you accept and will abide by these terms and conditions (“TOS”). Please read them carefully. In addition, when you use any current or future services (e.g., hotel information, or restaurant reviews) or visit or purchase from any business affiliated with the Sites, whether or not included in the Sites, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.
USE OF THE SITE
The Sites and their content are provided on an "as is" basis. Coastline makes no representation or warranties of any kind with respect to the Sites or their individual or collective content. Coastline disclaims all such representation and warranties. In addition, Coastline does not endorse, recommend or stand behind the truthfulness, completeness, reliability or accuracy of information found therein. Further Coastline makes no warranty or representation as to the quality of the goods or services posted.
When you visit any of the Sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Coastline or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Coastline and protected by U.S. and international copyright laws. All software used on this site is the property of Coastline or its software suppliers and protected by United States and international copyright laws.
SantaBarbara.com, Carpinteria.com, Ventura.com, Oxnard.com, Camarillo.com, SantaYnez.com, Santa Barbara Survey, Santa Barbara Tourism Company and all other graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Coastline or its affiliates in the U.S. and/or other countries. Coastline’s trademarks and trade dress may not be used in connection with any product or service that is not Coastline's, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Coastline or the affiliated Sites. All other trademarks not owned by Coastline or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Coastline or its affiliates.
LICENSE AND SITE ACCESS
Coastline grants you a limited license to access and make personal use of the Sites and not to download (other than page caching) or modify, or modify any portion, except with express written consent of SantaBarbara.com. This license does not include any resale or commercial use of the Sites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Sites or any portion of the Sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Coastline. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Coastline and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Coastline’s names, trade names, internet domains, or trademarks without the express written consent of Coastline. Any unauthorized use terminates the permission or license granted by Coastline. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of any of the Sites so long as the link does not portray Coastline, the Sites, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Coastline or Site logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Sites only with involvement of a parent or guardian. Coastline and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, offensive or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a review or other content. Coastline reserves the right (but not the obligation) to remove or edit such content, including false positive reviews, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Coastline, the Sites and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, edit, adapt, publish, print, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Coastline and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Coastline, its parent companies, its affiliates, and the Sites for all claims resulting from content you supply. Coastline has the right but not the obligation to monitor and edit or remove any activity or content. Coastline, its parent companies and it affiliates take no responsibility and assumes no liability for any content posted by you or any third party.
You will indemnify and hold Coastline (and its officers, directors, agents, subsidiaries, joint ventures, affiliates, Sites and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
Coastline and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement below.
Parties other than Coastline and its affiliates and subsidiaries operate stores, provide services, or sell product lines on this site. For example, Orbitz offers lodging reservations in our Lodging Guide. In addition, we provide links to our Sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Coastline, its parent companies and affiliates do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
PLEASE READ CAREFULLY
THIS SITE IS PROVIDED BY COASTLINE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SITES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COASTLINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COASTLINE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COASTLINE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting the Sites, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and Coastline, its Sites or its affiliates.
Any dispute relating in any way to your visit to the Sites or to products you purchase through the Sites shall be submitted to confidential arbitration in Santa Barbara, California, except that, to the extent you have in any manner violated or threatened to violate the Sites' intellectual property rights, Coastline may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Restaurant Review Policy, posted on this site. These policies also govern your visit to the Sites. We reserve the right to make changes to our site, policies, and these Terms and Conditions of Use at any time and without notice. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Coastline's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Coastline, its parent companies and its affiliates that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including the exact web address on SantaBarbara.com or related Sites;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Coastline's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Entire Agreement. The TOS constitute the entire agreement between you and Coastline and govern your use of the service, superceding any prior agreements between you and Coastline. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Coastline services, affiliate services, third-party content or third-party software.
Waiver and Severability of Terms. The failure of Coastline to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your account at any of the Sites is non-transferable and any rights to your Site I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.