Last Updated: June 11, 2018
- USE OF THE SITE; LIMITED LICENSE
Visit Santa Barbara owns and operates the Site. The information and content on the Site, including but not limited to the audio and video clips, text, visual interfaces, graphics, logos, icons, images design, compilation, information, data, downloads, computer code (including source code or object code), products, software (including any downloadable software), services, our linked social media accounts (including, for example, our Twitter.com, Facebook.com, Pinterest.com, YouTube.com and Instagram.com accounts) and all other elements of the Site provided by Visit Santa Barbara (“Site Content”) are protected by the copyright, trade dress, patent, and trademark laws of the Unites States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws throughout the world. All trademarks, service marks, and trade names are proprietary to Visit Santa Barbara or its affiliates and/or third-party licensors. You must retain all copyright and other proprietary notices on copies of any Site Content. Any unauthorized reproduction, modification, distribution, public display or public performance of any Site Content is strictly prohibited. Visit Santa Barbara reserves all rights to the Site Content not expressly granted in these Terms. Subject to the Terms, Visit Santa Barbara grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal use of the Site and Site Content.
You must be at least 18 years of age to use the Site. If you are under 18, you may use the Website only with the involvement of a parent or guardian.
- SERVICES AND PRODUCTS (AS APPLICABLE)
Visit Santa Barbara reserves the right at any time to modify or discontinue a product or services offered through the Site without notice at any time. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right discontinue or to limit any products or services that we may offer at any time. All descriptions of products or services or their pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this site is void where prohibited.
- PROHIBITED CONDUCT
If you use of the Site, you agree that you will not use or access the Site for any purpose that is unlawful; from a jurisdiction where such use or access is not authorized; in violation of any local, state, national, or international law; or prohibited by these Terms. You promise not to: (i) Harass, threaten, or defraud users or staff of Visit Santa Barbara; (ii) Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users or staff of Visit Santa Barbara; (iii) Impersonate another person; (iv) Commercially exploit the Site or permit third parties to use any portion of the Site that is not authorized by these Terms; (v) Disparage Visit Santa Barbara with its employees, users or third parties; (vi) Misrepresent the source, identity, or content of information from the Site including deleting or obscuring the copyright, trademark or other proprietary rights; (vii) Upload material (e.g. virus, adware, spyware, worm, or other malicious code) that is damaging to computer systems or data of Visit Santa Barbara or users of the Site; (viii) Modify, translate, or create derivative works, adaptations or compilations of, or based on, the Site or part thereof, or use, copy or reproduce the Site or any part thereof other than as expressly permitted in these Terms; (ix) transport, export or re-export (directly or indirectly) into any country forbidden to receive the Site by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; (x) Attempt to do any of the acts described in this Section, or assist or permit any person in engaging in any of the acts described in this Section; (xi) Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein; or (xii) Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Any such suspected activity or conduct may be grounds for termination of your use of the Site or you may be reported to appropriate law enforcement authorities. These remedies are in addition to any other remedies Visit Santa Barbara may have at law or in equity.
- TERMINATION AND MODIFICATION OF THE SITE
At any time and without prior notice Visit Santa Barbara may (1) terminate, cancel, deactivate and/or suspend your access to the Site, and/or (2) temporarily or permanently discontinue, modify or alter any aspect, feature, product, service or policy of the Site. If we determine that you violated any provision of these Terms, your permission to use the Site will terminate automatically. We also reserve the right to terminate or suspend access to the Site if we discontinue the Site, or a part of the Site, or for any reason, with or without notice. To the fullest extent permitted under applicable law, we will have no liability on account of any change to the Site or any suspension or termination of your access to the Site. Visit Santa Barbara will not be liable to you or any third party for any termination or modification of the Site or other products or services provided by Visit Santa Barbara regardless of the reason for such termination, discontinuation or modification. Your only right with respect to any dissatisfaction with any such modification or discontinuation is to discontinue using the Site.
- GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be subject to and construed under the laws of the State of California, United States, without reference to the conflicts of law provisions thereof. Before filing a claim against Visit Santa Barbara, you agree to attempt to informally resolve your dispute with Visit Santa Barbara by contacting [email protected]. We will contact you via email to try to resolve the dispute. If the dispute is not resolved within 15 business days of submission, you or Visit Santa Barbara may bring a formal proceeding. You and Visit Santa Barbara agree that any judicial proceeding to resolve claims relating to these Terms or the Site will be brought in Santa Barbara County, California, United States, subject to the mandatory arbitration provisions below. Both you and Visit Santa Barbara consent to venue and personal jurisdiction in such courts.
IF YOU’RE A US RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS: You understand and agree that all claims, disagreements, disputes or controversies between you and Visit Santa Barbara, and its officers, directors, employees, consultants, representatives, agents, parents, affiliates, subsidiaries and/or related companies, and their respective successors and assigns, (together, the “Visit Santa Barbara Entities”) shall be resolved by final and binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations are not allowed. The arbitration shall take place in Santa Barbara County, California, United States. The parties voluntarily and knowingly waive any right they have to a jury trial. You may decline this arbitration provision by writing to Visit Santa Barbara at [email protected] informing of us of your decision to opt-out of the arbitration provision within 30 days of first accepting these Terms.
Visit Santa Barbara does not directly provide any products or services for sale, but we may provide you with options to purchase and/or pay for products or services through an authorized third party seller (including, for example, a hotel or special events tickets provider) or payment processing firm (including, for example, a telecommunications provider, a mobile app marketplace like Apple iTunes or Google Play, or an online reservation booking platform) (collectively, “Third Party Purchase”). Your obligation for payment to, and relationship with, such third party seller or payment processor is a contractual matter between you and that third party. We are not a party to, or responsible on account of, such contract for such Third Party Purchase. We do not control how you can pay that third party or how any refunds may be issued by that third party for the Third Party Purchase. Please review the terms of service with that third party carefully. While we select our third party sellers and payment processors carefully, we cannot and do not guaranty their performance. We encourage you to provide any feedback to [email protected] regarding any third party seller or payment processor, as we value your input.
You agree to pay the charges for the Third Party Purchase in the currency specified by any third party seller or payment processor, and you assume all risks associated with any changing value in the currency compared with other currencies. Such charges may include VAT and sales tax and certain other taxes or delivery or similar charges applicable to your purchase. If any applicable tax or charge is not charged by a third party seller or payment processor, you acknowledge that you are solely responsible for paying the tax or other such charge. You agree to indemnify and hold Visit Santa Barbara harmless for any currency charges or payment of tax that may be due.
- THIRD PARTY FEES
You are solely responsible for all third party charges and fees associated with your use and accessing the Site, such as but not limited to internet service provider fees, telephone and computer equipment charges, and taxes.
- USER CONTENT AND SUBMISSIONS
You agree that you are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that: (a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Visit Santa Barbara and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Visit Santa Barbara, the Site, and these Terms; and (2) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Visit Santa Barbara to violate any law or regulation. You agree to pay for any and all royalties, fees, or other monies owing any person by reason of User Content you post on or through the Site.
We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Visit Santa Barbara reserves the right, at any time and without prior notice, to screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Site you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. To the fullest extent allowed under applicable law, you agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Visit Santa Barbara with respect to User Content. We expressly disclaim any and all liability in connection with User Content, to the fullest extent allowed under applicable law.
- COPYRIGHT NOTICES OR COMPLAINTS
We comply with the provisions of the Digital Millennium Copyright Act (the “DMCA”) applicable to our operations (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Site, you may contact us my mail: Visit Santa Barbara, located at: 500 E. Montecito Street, Santa Barbara, CA 93103 and by email: [email protected]. Please note that if you knowingly give false, misleading or inaccurate information that content is infringing, you may be subject to civil or criminal penalty. Any notice under DMCA alleging that materials hosted by or distributed through the Site infringe intellectual property rights must include all of the information required by the DMCA.
- USER FEEDBACK
If you provide Visit Santa Barbara with any comments, questions, suggestions, ideas, bug or system problem reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), Visit Santa Barbara shall have the right to use such Feedback at its sole and absolute discretion, including, but not limited to, the incorporation of such suggested changes into the Site or the offered products. You hereby grant Visit Santa Barbara a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
- OTHER WEBSITES AND APPLICATIONS
Through the Site we may provide you with links to other websites and applications for your convenience. These websites and applications may be third parties and independent from us with their own privacy policies and rules and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party web sites. You agree that with regard to any third-party websites or applications that are not owned or controlled by us, we are not responsible for the sites’ or applications’ content, any use of the sites or applications, the sites’ or applications’ practices, or the privacy practices of the sites or applications. We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from our Site since the third-party sites are owned and operated by independent retailers. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. If you use a third-party website or application and allow them to access your personal information, you do so at your own risk. ACCESS AND USE OF THIRD PARTY WEBSITES OR APPLICATIONS, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON SUCH WEBSITES OR APPLICATIONS OR AVAILABLE THROUGH SUCH WEBSITES OR APPLICATIONS, IS SOLELY AT YOUR OWN RISK.
- MODIFICATIONS TO THE TERMS
We may amend, change, add or delete portions of these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Your use of the Site following any change to these Terms will constitute your assent to and acceptance of the revised Terms. Your sole and exclusive remedy if you do not agree with any modification to these Terms is to cancel your account or discontinue your use of the Site.
- INDEMNIFICATION; HOLD HARMLESS
You acknowledge and agree that, to the fullest extent permitted under applicable law, you are responsible for your use of the Site, and you will indemnify, hold harmless, and, if so directed by Visit Santa Barbara Entities from and against every responsibility, claim, liability, action, suits, procedures, damage, loss, costs, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. To the fullest extent permitted under law, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter). You agree to cooperate with our defense of that claim.
- DISCLAIMERS; NO WARRANTIES
THE SITE AND ANY DOWNLOADABLE DATA, CONTENT, PRODUCTS, SERVICES AND MATERIALS AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, VISIT SANTA BARBARA ENTITIES DISCLAIM AND EXCLUDE ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, RELATING TO THE SITE AND ANY DOWNLOADABLE DATA, CONTENT, PRODUCTS, SERVICES AND MATERIALS AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, OR ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
WITHOUT LIMITING THE FOREGOING, VISIT SANTA BARBARA ENTITIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND ANY DOWNLOADABLE DATA, WEBSITE, CONTENT, SERVICES, OR PRODUCTS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE DATA, WEBSITE, CONTENT, SERVICES, OR PRODUCTS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE DATA, WEBSITE, CONTENT, SERVICES, OR PRODCUTS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATE LAWS PROHIBIT 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.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL VISIT SANTA BARBARA ENTITIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF VISIT SANTA BARBARA ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, VISIT SANTA BARBARA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THE LIABILITY OF VISIT SANTA BARBARA ENTITIES TO YOU IS LIMITED TO $100. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER VISIT SANTA BARBARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE SUCH LIMITATIONS SHALL APPLY TO YOU TO THE EXTENT PERMITTED IN SUCH JURISDICTION. FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW, SUCH AS LIABILITY FOR INTENTIONAL VIOLATION OF THESE TERMS. NOTHING IN THESE TERMS AFFECTS YOUR LEGAL RIGHTS AS A CONSUMER.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- FORCE MAJEUR
Visit Santa Barbara shall be excused from performance under these Terms for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of: (1) inclement weather or acts of God; (2) acts of war, terrorism, insurrection, riots, civil disorders or rebellion; (3) quarantines or embargoes; (4) labor trouble; (5) acts of government or public bodies; (6) telecommunications, network, computer, server or Internet downtime; (7) unauthorized access to Visit Santa Barbara’s information technology systems by third parties; or (8) other causes unforeseen by Visit Santa Barbara and beyond our control.
- ENTIRE AGREEMENT; ADDITIONAL TERMS
- NOTICES; CONSENT TO ELECTRONIC COMMUNICATIONS
The Site is offered by Visit Santa Barbara, which is located at: 500 E. Montecito Street, Santa Barbara, CA 93103 and email: [email protected]. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.