PLEASE READ THESE TERMS AND CONDITIONS ("Agreement") CAREFULLY BEFORE USING THE SANDEE.COM WEBSITE ("Site") AND SANDEE MOBILE APPLICATION (“Mobile Application,” and, together with the Site, the "Service"), AS THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY AND RESOLUTION OF DISPUTES THROUGH ARBITRATION RATHER THAN IN COURT. The Service is controlled, owned, and operated by Sandee, LLC or its assignee or designee (collectively, "Sandee," “its,” "we," or "us"). By accessing and using the Service, the person who registers to become a user of the Service ("you" or "user") hereby agrees to be legally bound by the terms and conditions of this Agreement.
This Service is available ONLY TO USERS THIRTEEN YEARS OF AGE OR OLDER. By completing the registration process for the Service on either the Site or Mobile Application, you represent that you are thirteen years of age or older, and can and will be legally bound by this Agreement.
If you do not agree with all of the following terms and conditions of this Agreement, your only recourse is to immediately:
Sandee reserves the right, at our sole discretion, to change, modify or otherwise alter this Agreement at any time. Such changes and/or modifications shall become effective immediately upon the posting of any changes or modifications and we will be under no obligation to provide you notice of any such changes or modifications by any other means. Please review the terms and conditions of this Agreement to keep yourself apprised of any changes and/or modifications. Your continued use of the Service following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
Sandee is global travel discovery and community service for the world’s beaches, containing photos, videos, descriptive profiles, maps, suggestions, directions, and commentary for beaches around the world. Using the Sandee tools to discover, search, upload and share their favorite beaches, users can also check in and share the beaches they have visited on a personalized map, enter beaches and photos about a visit to a beach, and share these beaches and discoveries with friends and the Sandee community. In this Agreement, the term "Upload" refers to any information, ideas, opinions, messages, text, images, photos, videos, or other materials or content a Sandee user uploads, posts or submits to the Service, including, but not limited to, a Review (as defined below).
Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against Sandee, its affiliates, our and their respective officers, directors, employees, agents, suppliers, providers, licensors and representatives (collectively, “Representatives”) and our licensees and sublicensees (all of which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted this Agreement, regardless of whether prior versions of this Agreement required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce this Agreement as a court would.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. The AAA’s rules are available at www.adr.org or by calling (800) 778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to Site Administrator at Sandee, LLC, 12011 SAN VICENTE, SUITE 405, LOS ANGELES, CA 90049. If we request arbitration against you, we will give you notice at the email address you have provided. A party requesting arbitration must also provide a copy of the request to the AAA, at Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or online at www.adr.org or at any AAA office.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this Agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
If there is a dispute between participants on this site, or any third party, Sandee is under no obligation to become involved. In the event that you have a dispute with one or more other users of the Service, you hereby release Sandee, its affiliates, our and their respective Representatives, and our and their licensees and sublicensees from all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service. If you are a California resident, you hereby waive California Civil Code Section 1542, which says “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Sandee’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Service and your Uploads.
In consideration of your use of the Services, you represent that you are of legal capacity to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form; and (2) maintain and promptly update all such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sandee has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sandee has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
To access certain parts of the Service, you may be required to designate a user ID and password, or use another site to provide these credentials to Sandee. You are responsible for maintaining the confidentiality of the user ID and password, and you are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify Sandee of any unauthorized use of your user ID or password or any other breach of security. Sandee cannot and will not be liable for any loss or damage arising from your failure to do so.
Without limitation, Sandee reserves the right to terminate your access to and use of the Service and to take such action as it considers necessary, including issuing legal proceedings, if it is Sandee's determination that your conduct fails to meet or violates any of the following site usage requirements:
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your Uploads or use of the Service or any violations thereof. All determinations concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Sandee or its designee. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
Please be advised that Uploads do not necessarily reflect the views of Sandee. Sandee claims no ownership, affiliation with, or endorsement of any Uploads submitted by users through the Service, and Sandee makes no representations about the suitability of the information contained on this Service for any purpose. In no event shall Sandee assume or have any responsibility or liability for any Uploads or for any claims, damages or losses resulting from their use and/or appearance on the Service. Sandee does not claim ownership rights to any of your Uploads, except to the extent that such rights may be expressly limited or assigned by this Agreement.
You are fully responsible for the content of your Uploads. Sandee does not allow Uploads that contain:
You may only submit your own original Uploads. Do not submit photos from any other source (personal or commercial). Do not submit Uploads that: (1) infringe the copyright, trademark, or other property right of any third party; (2) include logos, branding, promotional material, or any other content intended for commercial purposes; or (3) contain viruses or other harmful code that is either intended or may result in damage to the computers and systems of Sandee and/or those using it.
Users may use the Service for noncommercial purposes only, and may not post any information intended to promote and/or generate revenue for any third party business activity. Although Sandee periodically monitors the content posted on the Service, we cannot be responsible for the views or opinions expressed by third parties. Sandee reserves the right, in our sole discretion, to refuse to post, edit, or delete Uploads that violate the above referenced rules of conduct, or for any other reason without notice to you. Sandee may also revoke access to and use of the Service for users who do not comply with such rules.
You acknowledge that Sandee may establish limits concerning use of the Uploads, including the maximum number of days that Uploads will be retained by the Service and the maximum number and size of Uploads that may be transmitted or stored by the Service. You agree that Sandee has no responsibility or liability for the deletion or failure to store any Uploads maintained or transmitted by the Service.
To the extent that portions of the Service provide users or other third parties an opportunity to submit beaches, photos and submissions for display on the Service about various places, establishments, providers, products and/or services (“Reviews”), you acknowledge that such Reviews do not necessarily reflect the views of Sandee. In no event shall Sandee assume or have any responsibility or liability for any Reviews appearing on the Service, including those provided by any user or any other party, or for any claims, damages or losses resulting from the display or use of the content contained in the Reviews.
By posting or submitting a Upload, you hereby represent, warrant and covenant that (1) you have and will maintain all necessary consents, approvals, authorizations, licenses and rights in and to all Uploads that you provide to the Service and all information they contain in order for Sandee and its sublicensees to exercise the rights granted herein; (2) such Uploads do not and shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information; (3) all information contained in such Upload is accurate; and (4) use of any Upload you supply does not violate this Agreement and will not cause injury to any person or entity.
By using the Service and/or by uploading, posting or submitting content of any kind, including, without limitation, any Uploads, you automatically grant to Sandee and its affiliates a nonexclusive, royalty free, fully paid, worldwide, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) right and license to: (1) use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly display and perform all Uploads posted or submitted to the Service by you (whether before or after the date of this Agreement as set forth above) throughout the world for any purpose in any media or form now known or hereafter devised; and (2) use the name that you submit in connection with any such Upload. Sandee has the right but not the obligation to monitor, edit or remove any Upload or any portion thereof at any time in its sole discretion.
Without limiting the foregoing, by continuing to use the Service and/or by uploading, posting or submitting Uploads or any other content of any kind after any update to this Agreement (an “Updated Agreement”), you acknowledge and agree that the Updated Agreement (including, but not limited to, any license grant by you set forth in such Updated Agreement) will apply to any Uploads that you have previously uploaded, posted or submitted. If you do not wish such Updated Agreement to apply to such previously submitted Uploads, please contact Sandee at email@example.com.
You further grant Sandee the right to pursue at law any person or entity that violates your or Sandee’s rights in your Uploads by a breach of this Agreement. You acknowledge and agree that your Uploads are not confidential and not proprietary. You expressly waive any and all “moral rights” (including rights of attribution or integrity) that may subsist in your Uploads and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Uploads by us, our affiliates or any of our respective Representatives, partners, licensees or sublicensees. Sandee takes no responsibility and assume no liability for any Uploads posted or submitted by you.
Sandee may license, sublicense (through multiple tiers), sell or otherwise distribute its content, including but not limited to the Uploads, in whole or in part to third parties at its sole discretion.
Sandee and its licensors have expended substantial time, effort, and funds to create the Service. Other than the Uploads by users, all software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, the selection and arrangements thereof, and other content (collectively, the “Content”) displayed by or related to the Service are the property of Sandee, our affiliates, our or their Representatives, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
Copyrights.You may not reproduce, modify, create a derivative work of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party any Content without the express prior written consent of Sandee in each instance (including, without limitation, the display and distribution of the Content via a third party website or other networked computer environment).
Notice of Copyright Agent. If you believe in good faith that your work that is hosted in connection with the Service has been copied in a way that constitutes copyright infringement, please provide Sandee’s copyright agent the following written information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a clear description of the copyrighted work or works that you claim have been infringed upon; (3) a clear description of where the material that you claim is infringing is located on the Service, such as a link to the infringing material; (4) your address, telephone number, and email address; (5) 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;” and (6) a statement by you that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
Sandee’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Counternotices. If material you have posted has been taken down, you may file a counter notification by mail that sets forth the items specified below. You may want to seek legal counsel prior to doing so.
Please include the following details:
Sign the counter notification and send it to the following address:
Repeat Infringers. In accordance with the Digital Millennium Copyright Act and other applicable law, Sandee has adopted a policy of terminating, in appropriate circumstances and at Sandee’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Sandee may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
Trademarks and Service Marks. SANDEE, SANDEE.COM and the Sandee stylization and/or logo are the trademarks and service marks of Sandee or our Representatives, and may not be copied, imitated or used, in whole or in part, without Sandee’s prior written permission or that of our suppliers or licensors. Other product and company names used in connection with the Service are trademarks or service marks of their respective owners. Sandee is not responsible for content on websites operated by parties other than Sandee.
Sandee provides official rules of participation for certain activities on the Service including, without limitation, contests and sweepstakes offered by Sandee and in conjunction with third parties. In addition, the terms and conditions of this Agreement apply to all such contests and sweepstakes. To the extent that any conflict exists between this Agreement and the specific rules of participation for any contest or sweepstakes offered by Sandee, the rules of participation for the activity in which you choose to participate shall govern.
SANDEE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. Sandee is not responsible for errors or omissions in any Upload or elsewhere on the Service, including, but not limited to, the accuracy of maps that are displayed on the Service. Furthermore, while Sandee attempts to ensure your access to and use of the Service is safe, Sandee cannot and does not represent or warrant that the Service or its server(s) are free of viruses or other harmful components or code.
Sandee may terminate your access to the Service with or without cause at any time and effective immediately, at Sandee’s sole discretion, including, but not limited to, if said termination of Service is due to your failure to conform with the terms and conditions of this Agreement. Sandee shall not be liable to you or any third party for termination of use of the Service. Upon termination, your right to use the Service shall cease immediately. Sections C, E, H, I, J, L, M, N, O, Q, R and S shall survive termination of this Agreement.
THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THE SERVICE ARE PROVIDED “AS IS.” ON BEHALF OF ITSELF AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE REPRESENTATIVES, SANDEE DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE SERVICE IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The appearance of external hyperlinks and/or ads generated by third parties does not constitute endorsement by Sandee, its affiliates or any of their respective Representatives of the opinions or views expressed by these third party websites. Sandee does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Sandee is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, Sandee, its affiliates and our and their respective Representatives will not be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Service or other websites or mobile applications) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Finally, under no circumstances will Sandee be liable for any direct, indirect, punitive, incidental, special or consequential loss or other damage, whether arising from negligence, breach of contract, defamation, or infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
You agree to indemnify, defend and hold harmless Sandee, its affiliates, and their respective Representatives from and against all losses, expenses, damages and costs, including reasonable legal and accounting fees, incurred in connection with any claims resulting from: (1) any breach or violation of this Agreement by you; (2) any Upload you upload, post or submit to the Service; (3) your violation of any law or the rights of a third party; or (4) your use of the Service. Sandee reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Sandee in asserting any available defenses.
This Agreement is governed by the Federal Arbitration Act, federal arbitration law, and the laws of the state in which you reside, if you reside in the United States, or the laws of the country in which you reside, if you reside outside the United States, without regard to principles of conflicts of laws. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this section.
If any provision of the Agreement 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 Agreement remain in full force and effect. Sandee’s failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. You agree that no joint venture, partnership, or employment relationship exists between you and Sandee as a result of this Agreement or use of the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You may not assign or transfer your rights or obligations under this Agreement, in whole or part, without Sandee’s prior written consent. This Agreement is freely assignable in whole or part by Sandee without notice to you. Any rights not expressly granted herein are reserved.
This Agreement constitutes the entire agreement between you and Sandee and governs your use of the Service, superseding any prior agreements between you and Sandee with respect to the use of the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software. The failure of Sandee to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
For a better experience while using our Service, we may require you to provide us, or other third parties may provide us, with certain Personal Information, including but not limited to your name, phone number, email address, social media account information, and the approximate geographical latitude and longitude coordinates of your location. The information that we collect may be used to contact or identify you, including for marketing and promotional purposes.
Whenever you visit our Service, we may collect a wide variety of information that your web browser sends to us ("Log Data"). This Log Data may include information such as your computer’s Internet Protocol ("IP") address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.
We may employ third party companies and individuals for the following reasons:
These third parties may have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. We cannot guarantee that they will not disclose or use the information for any other purpose even if we instruct or expect them not to do so. You agree that we bear no liability for the behavior of third parties regarding your Personal Information.
We value your trust in providing us your Personal Information, and we strive to use reasonably acceptable means of protecting it. You agree that no method of transmission of information over the Internet, or method of electronic storage of information, is perfectly secure and reliable. We cannot guarantee your Personal Information's security nor guarantee that it will not be lost, stolen, altered, or misused by third parties regardless of any actions we take or do not take. You agree that we bear no liability of any kind for any such occurrence.
Our Service may contain links to other sites. If you click on a third party link, your web browser will be directed to that site. These external sites are not operated by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any such third party sites or services, which you access and use solely at your own risk.
Our Services are not intended for anyone under the age of thirteen. We do not knowingly seek to collect Personal Information from children under thirteen. In the case we discover that a child under thirteen has provided us with Personal Information, our practice is to delete it from our servers. If you are a parent or guardian of a child under thirteen and you are or become aware that your child has provided us with Personal Information, please contact us at firstname.lastname@example.org so that we will be able to respond appropriately.
Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third party to recognize you and make your next visit easier and the Service more useful to you. Cookies can be "persistent" or "session" cookies. Persistent cookies remain in your web browser after you close it until they reach their expiration dates. Session cookies do not.
When you use and access the Service, we may place a number of cookies files in your web browser.
We may use both session and persistent cookies on the Service. For example, we may use persistent and session cookies to authenticate users and prevent fraudulent use of user accounts.