Terms of Use

SanDiegoSunCoast.com Terms of Use

Welcome to SanDiegoSunCoast.com! This document sets out the terms of use, service, and agreements you expressly agree to from the moment you access the SanDiegoSunCoast.com web site…

Your access and use of this Web site known as SanDiegoSunCoast.com (the “Site”) forms a legally binding agreement between you and SanDiegoSunCoast. com, its owners, administrators and representatives, in relation to your use of the Site, and is subject to their Terms of Service. By your access and use, you explicitly agree to comply with and be legally bound by the following terms, conditions, guidelines, regulations, rules, and any privacy policy referenced herein (referred to collectively as the “Terms of Service”), which SanDiegoSunCoast.com may amend from time to time.

Please read the Terms of Service carefully and in full, and check version dates frequently for changes. Your access to or use of the Site, it’s content, blog, blog commentary, services, referrals, research, data, surveys, coupons, third-party links, recommendations, information, software, products, photography, directions, or any other content of any kind contained on the Site (referred to collectively as the “Services”) constitutes your understanding and acceptance of the Terms of Service. Before you continue, you should print off or save a copy of the Terms of Service for your records.

If you do not agree to, and be legally bound by the Terms of Service,

DO NOT access or use the Site.

Unauthorized use of any SanDiegoSunCoast.com image, logo or artwork  is strictly prohibited.

Images are Copyrighted – All Rights Reserved.

Accepting the Terms of Service:

(a) In order to use the Site or Services, you must first agree to the Terms of Service. You may not use the Site or Services if you do not agree to and accept the Terms of Service;

(b) You can accept the Terms of Service by actually accessing the Site and/or using the Services. Should you do either, you understand and agree that the Site will treat your use of the Services as acceptance of the Terms of Service from that point onwards.

Privacy and your personal information

(a) You agree to the use of any data you may provide to the Site in accordance with the Privacy Policies of the Site.

(b) Please read the Privacy Policy located on the Site for details of  how the Site treats your personal information, and protects your privacy, when you use the Services.

Eligibility

You may not use the Services, and may not accept the Terms of Service if (a) you are not of legal age to form a binding contract with the Site, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are a resident of or from which you use the Services.

Content contained in the Services

You clearly understand that all Site information such as research, reviews, blogs, data files, written text, photographs, music, audio files, recordings, sounds, videos or other images (referred to collectively as the “Content”) which you may have access to a part of, or through your use of the Services, are the sole responsibility of the person(s) from which such content originated.

You are advised that the Content accessed by you when using the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights, copyrights, patents, trademarks or other proprietary means, which are owned by the advertisers or sponsors who provide that Content to the Site (or by other third-party entities on their behalf). You may not sell, rent, lease, loan, modify, distribute this Content, nor produce derivative works based on this Content (either in whole or in part) unless you have been specifically given permission in writing by the Site or by the owners of that Content, by separate written agreement.

You understand by using the Services you may be exposed to Content that you may find objectionable, offensive, indecent or in some way disturbing and that, in this respect, you understand and agree you use the Services at you own risk. The Site reserves the right (but is not obligated to) pre-screen, filter, modify, review, refuse or remove any or all Content from any Services, including any blog comments, at the sole discretion of the Site.

Unless you have been expressly authorized to do so in writing by the Site, you agree that in using the Services that you will not use any logo of any business or organization, or trade mark, trade name or service mark in any manner that will possibly or is intended to cause confusion or misdirection about the owner or rightful authorized user of such logos, marks or names. You further agree that you will not alter, remove or mask any trade mark, copyright, or other proprietary rights notices which may be attached to or contained within the Services.

Responsibility for Your Content:

a)   You are solely responsible for Your Content that you devise, create, transmit or display while using the Services, and for any consequences of your actions (including any loss or damage which the Site may suffer) by doing so. Your Content includes but is not limited to; what information you provide to the Site or its Services, what you comment on, your advertising and ad copy, promotional materials and coupons, photographs, or blogs, (collectively referred to as  “Your Content”) is your responsibility, and you agree to assume all risks associated with the use of  Your Content on the Site or Services. You accept and assume any and all risks associated with use of Your Content, including but not limited to any reliance on its accuracy, completeness or use by others, or any disclosure by you of information in Your Content that makes you personally identifiable or “transparent”. You hereby affirm that you own or have the necessary licenses, consents, rights, and permissions to use Your Content, and expressly authorize the Site to use Your Content. You may not imply that Your Content is in any way endorsed by or sponsored by the Site.

b)   The Site, nor its owners, administrators, or representatives are not responsible for Your Content. You alone are responsible for Your Content, and you can expose yourself to liability and/or legal challenges if Your Content violates any third-party rights. Third-party rights include but are not limited to any copyright, trademark, trade secret, patent, moral or privacy right, right of publicity, or any other intellectual property or proprietary right. You  alone are responsible for any of Your Content that contains material that is false, defamatory, intentionally misleading, contains material that is unlawful, including illegal hate speech or pornography, exploits or otherwise harms minors, or violates or advocates the violation of any law or regulation whether local, national or international.

Other party services:

The Services may also be located on third party Web sites and /or applications as a link or other. Nothing contained in any of the Services is an offer or promise that any advertiser will sell any product or service for any purpose or price or on any specific terms or conditions. The Site does not guarantee the price, product, terms, availability, services, information or other offered by any advertiser. Regarding the Site and Services, the Site is not involved in any transactions between you and any of its advertisers. The Site is not responsible for, and does not guarantee performance or price of any goods, deeds, services or information provided by advertisers. If you have a dispute with one or more advertisers, you release the Site from any claims, demands and damages (actual and/or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Use of the Site and Services by you:

You agree to use the Services only for purposes that are allowed by (a) any applicable law or regulation and (b) for purposes that are permitted by the Terms of Service.

You agree that you are solely responsible for any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which the Site may suffer) of any such breach. You further expressly agree that SanDiegoSunCoast.com, its owners, administrators and representatives have no responsibly to you or to any third party for any breach of your obligations under the Terms of Service.

You expressly agree that you will not, nor permit others to use the Site or Services to:

  1. solicit personal information from or harm minors in any way whatsoever;
  2. reproduce, duplicate, copy, sell, trade or resell the Services for any purpose;
  3. modify, appropriate, reproduce, adapt, reconfigure, distribute, translate, create derivative works of, publicly display, sell, trade, barter, or in any way exploit the Site or the Services (other than Your Content), except as expressly authorized in writing by the Site;
  4. upload, email, transmit, post, blog or otherwise make available any Content that is illegal, threatening, abusive, harrassing, defamatory, harmfull, vulgar, obscene, invasive of another’s privacy, libelous, hateful, or ethnically, racially or otherwise objectionable or use the Site to promote bigotry or discrimination against protected classes;
  5. impersonate any entity, person or business, including but not limited to a person or entity of the Site, or falsely state or otherwise misrepresent your affilliation, employ or service with or to the Site;
  6. “stalk”,  threaten, defraud, incite, harass or advocate the harassment of another person or entity of the Site or of any of its readers, community, referred businesses, or advertisers (referred to collectively as “User’s”) or otherwise interfere with a User’s enjoyment of the Site;
  7. forge or manipulate content, headers, ads, blogs, identifiers or other in order to disguise the origin of any Content transmitted through the Service or of  Site Services;
  8. use any spider, robot, site search/retrieval application, or other automated device, process or means to access, index, retrieve, any Site Content, research, photographs or information from the Site;
  9. access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of coastal research, Site business reviews, beach information, research or photographs relative to San Diego County or like topic;
  10. post, email, upload, blog, transmit or otherwise make available any confidential or inside information or Content that you do not own or have a right to make available under any law or under contractual or fiduciary relationships or agreements;
  11. post, email, upload, blog, transmit or otherwise make available any unauthorized or unsolicited promotional materials, advertising, coupons, “junk mail”, “spam”, “ponzi or pyramid schemes”, “chain letters or emails”, contests, surveys, or any other form(s) of solicitation or mass messaging, whether commercial in nature or not;
  12. use the Site to violate any third-party right, including any copyright, trademark, patent, trade secret, moral or privacy right, right of publicity, or any other intellectual property or proprietary right;
  13. remove any copyright, trademark or other proprietary rights notices contained on the Site or in any Site content;
  14. post, email, upload, blog, transmit or otherwise make available any Content that infringes on any trademark, patent, copyright, trade secret or other intellectual property or proprietary rights (the “Rights”) of any party;
  15. use the Site or Site content to post, email, upload, blog, transmit or otherwise make available any material that contains software viruses, worms, Trojan horses, defects, computer code, files or programs created or designed to limit the functionality, interrupt, negatively impact, or destroy any computer software, communications equipment, or hardware in any way;
  16. use the Site to violate the security of any computer network, security encryption codes, or to crack passwords or to otherwise cause harm to the Site or Services;
  17. engage in any activity that interferes with or disrupts the Services or any security-related features of the Site or features that prevent or restrict the use or copying of Site Content (both written and photographic);
  18. reverse engineer any portion of the Site, reformat or frame any portion of the Site, or interfere with or disrupt the Service, Site, servers, host, or networks connected to the Site or Service, or others use of the Service;
  19. disobey any policies, regulations, procedures or requirements of any entity connected to the Service;
  20. violate any applicable local, state, national or international law(s), whether intentionally or unintentionally;
  21. provide material support or resources to (or conceal or disguise the nature, location, source or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act;
  22. use the Site to transmit or post illegal materials, copy, or photographs, including material that is pornographic or obscene in nature;
  23. collect, store, record, or retain any personal information about Users;
  24. attempt to gain unauthorized access to the Site, its Users or User Accounts, computer systems or networks connected to the Site through password mining, hacking, or any other means;