Terms & Conditions
Welcome to the Terms & Conditions (these “Terms”) for sandalaexperiences.com (the “Website”) operated by Sandala Experiences (“Sandala,” “we,” “our,” or “us”). Sandala is a company incorporated in California and located at 1117 State Street, Suite 84, Santa Barbara, CA 93101.
Please read these Terms carefully before you start to use the Website. By using the Website, you indicate that you accept these Terms and our Privacy Policy (including our Cookies Policy) and that you agree to abide by them. If you do not agree to these Terms, please do not use the Website.
1. These Terms
We may modify these Terms from time to time without notice to reflect changes in market conditions affecting our business, changes in payment methods, changes in technology, changes in relevant laws and regulatory requirements, and changes in our system. Such modifications shall be effective upon posting by Sandala Experiences on the Website. It is therefore important that you review these Terms regularly to ensure you are updated on any changes.
2. Customer Responsibility
You agree to act in a responsible and legal manner when using the Website. You shall comply with all applicable laws, regulations, and rules and undertake not to use the Website for any unlawful purpose, for the commission of any offense or crime under the laws of any jurisdiction to which access is obtained through the Website, or in a manner that is likely to cause harm, offense, or nuisance to any other internet user.
You agree not to use the Website to:
Post content that is patently offensive and promotes racism, bigotry, hatred, or harm of any kind against any group or individual;
Post content that contains violence or offensive subject matter;
Post or promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
Post content or initiate communications that are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;
Post content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
Impersonate any person or entity or falsely state or otherwise misrepresent yourself, your name, your age, or your affiliation with any person or entity;
Use the Website for any illegal purpose, criminal or tortious activity, including but not limited to fraud, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
Upload, post, email, transmit, or otherwise make available any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code, files, or programs designed to interrupt, destroy, limit, or adversely affect the functionality of any computer software or hardware or telecommunications equipment;
Attempt to gain unauthorized access to the Website, in particular the non-public areas, the server on which the Website is stored, or any server, computer, or database connected to the Website;
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
Interfere with or disrupt the Website or servers or networks connected to it, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website.
Sandala Experiences reserves the right to investigate and take appropriate legal action against anyone who, in our opinion, violates this provision, including, without limitation, reporting you to appropriate law enforcement authorities. We reserve the right to remove or suspend any material posted which is, in our sole opinion, in breach of this clause, or which we suspect to be in breach of this clause at our absolute discretion.
You represent and warrant that: (i) you own the materials and/or information posted by you on or through the Website, and (ii) the posting of your materials and/or information on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, moral rights, intellectual property rights, or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any content posted by you to or through the Website.
3. Intellectual Property
The Website contains intellectual property, which is the proprietary property of Sandala Experiences (“Our IP”). This includes, but is not limited to, copyrights, trademarks, information about technology, and other proprietary rights, and may be provided in the form of text, graphic, audio, and video downloads, links, or source codes. Sandala Experiences retains the rights to Our IP and reserves all rights in respect of the same.
Subject to these Terms, we grant you a non-exclusive, non-transferable, limited, revocable right to access and use the Website and the material displayed thereon. However, no right, title, or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.
All materials incorporated in or accessible through the Website, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of the Website), are owned, controlled, or licensed by Sandala Experiences, or by the original creators of such materials or their permitted licensors. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-use, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.
In respect of all content or material that you submit or post on the Website, you confirm that you have obtained the consent of any individual identified in such material to the posting of the material on the Website.
Our IP is provided by Sandala Experiences on an “as is” basis, and Sandala Experiences expressly disclaims, to the extent permitted by applicable law, any or all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any Our IP. To the extent permitted by applicable law, Sandala Experiences excludes any or all responsibility and/or liability for any damages or loss of any kind whatsoever with respect to Our IP whether any of the foregoing are, without limitation, indirect, incidental, special, punitive, consequential or of any other kind whatsoever.
4. Suspension and Termination
We will determine, in our discretion, whether there has been a breach of these Terms through your use of the Website. When a breach of these Terms has occurred, we may take such action as we deem appropriate.
You agree that Sandala Experiences may, with or without cause and/or prior notice, immediately terminate your access to the Website.
5. Indemnification
By accepting these Terms, you agree to indemnify, keep us indemnified, and otherwise hold harmless Sandala Experiences, its officers, employees, agents, subsidiaries, affiliates, and other partners from any direct, indirect, incidental, special, consequential, or exemplary damages, and all other losses, costs, charges, demands, proceedings, and actions, howsoever incurred by Sandala Experiences arising from any claims or legal proceedings which are brought or threatened against us by any person resulting from (i) your use of the Website; (ii) unauthorized access to the Website; or (iii) any breach of these Terms by you or any other matter relating to the Website.
In the event that your contributions to the Website infringe any rights of any third party, you shall, at your own expense and at our discretion, either obtain the right to use such contribution or render such contribution free from infringement.
6. Disclaimers and Limitations of Liability
Unless otherwise agreed by us in writing, the material and content displayed on the Website is provided on an “as is” and “as available” basis, without any guarantees, conditions, or warranties as to its accuracy or other terms of any kind. To the extent permitted by law, we, other members of our group of companies, our officers, and directors and third parties connected to us hereby exclude:
The content of the Website being of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing;
That the Website will meet your requirements, be error-free, without interruption, or available at all times;
Warranties as to privacy and security other than as stated in our Privacy Statement;
That you will be able to access or use the Website at times or locations of your choosing; and
Any warranties on the basis of oral or written information, representations, or statements given by a Sandala Experiences representative.
Nothing in this section affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
7. Governing Law
The laws of California will govern any claim arising in respect of, or related to, the Website, although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country. These Terms will be governed by and construed in accordance with the laws of California.
8. Linking to the Website
You may link to the Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in any way so as to suggest any form of association, approval, or endorsement on our part where none exists.
You may not mirror, screen scrape, or otherwise reproduce all or any part of the website on any other site. Unless otherwise authorized in writing by us, you may not suggest any form of association, approval, or endorsement of any website on our part.
9. General Terms
These Terms, which incorporate the Privacy Statement as well as our Cookies Policy, and any notices raised by us on our Website from time to time, constitute the entire agreement between you and Sandala Experiences regarding the use of the Website. These Terms supersede and replace any representation, statement, or other communication (whether written or otherwise) made by you or us which is not contained herein.
Should any part of these terms and conditions for any reason be declared invalid or unenforceable by a court of competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.
The failure of Sandala Experiences to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you.
10. Contacting Us
Please contact us at info@sandalaexperiences.com with any questions regarding these Terms or material which appears on our Website.