Definitions Applying to this Agreement: "You," the "user," or "users" include you, your parent, affiliate, subsidiary and related companies, and the officers, directors, employees, agents, representatives, personnel, independent contractors, consultants, subcontractors, licensors and other third-party providers of yours and theirs. "San Ysidro Ranch" and "Owner" mean San Ysidro Ranch BB Property, L.L.C. and includes any affiliated companies it may have. "Site" means the Internet web site known by the universal resource locators ("URLs") and domain names: http://www.San Ysidro Ranch.com, or any other URLs or domain names of San Ysidro Ranch, and all pages, sections, areas and parts of it and "Information" (as defined herein) displayed, presented or found at or through it. "Information" means and includes: (1) all text, content, data, information, video, audio, images, messages, advertising, marketing, promotional, and other materials and items that are published, provided, presented, found, offered, described and/or made available at or through the Site, regardless of whether San Ysidro Ranch or a third party is the original author of, or is responsible for, the information; and (2) all pages, areas and parts thereof that are accessible and made available to the user. The term "Information" also includes "Trademarks" (as defined herein). "Documents" means materials and documents of third parties submitted by San Ysidro Ranch and published or found at or through the Site. "Information" (as defined here in) also includes "Documents."
Ownership of the Site & Information: This Site is owned and operated by San Ysidro Ranch. The "Information" found at the Site, whether provided by San Ysidro Ranch independently or in conjunction with other parties. The Information is copyrighted material of the respective owner and protected by the terms and conditions of this Agreement and other terms and conditions found at the Site and by the statutes, regulations, ordinances, judicial and governmental decisions, requirements and other laws of the fifty states, as well as of the federal government of the United States of America, including without limitation, those governing agreements, contracts, commercial engagements and those protecting intellectual property and other proprietary rights, and U.S. and international copyright laws and other law. All logos, page headers, custom graphics, images, buttons, graphics, icons, symbols, trade names, trademarks, service marks, and other names, descriptions, brands and marks, whether registered or not ("Trademarks") found at the Site or in the Information are owned by San Ysidro Ranch or others, and are protected by such law, including those specifically addressing rights of trademark owners. In addition, the hardware and software components, electronically-stored databases, and individual items within those databases that comprise the computer networks and systems that operate the Site and are used to make Information available at the Site also belong to San Ysidro Ranch and, in some cases third-party providers, and also represent the proprietary property of San Ysidro Ranch or its third-party providers.
No Rights to San Ysidro Ranch or Third-Party Provider Property: Neither San Ysidro Ranch nor its third-party providers are granting or transferring to you or any other person or entity, by virtue of access or use of this Site, any title or any ownership rights or interests in any Information found at the Site or accessed or used through it, including without limitation the Trademarks, or any other Information or asset belonging to San Ysidro Ranch or a third-party provider.
Linking: Unless you obtain prior authorization under a written agreement with San Ysidro Ranch, you may not create or establish any link between your own web site or that or a third party site and the Site. You may, however, create a link from your personal computer or web site to the Site home page for your personal use. Your link may not, however, use any Trademarks or Information of San Ysidro Ranch or any third-party providers.
Limited Rights to Use the Site: On the condition that you agree that your use is governed by the terms and conditions of this Agreement, San Ysidro Ranch hereby grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and use the Information found at the Site at the Site for the limited purposes expressly permitted in this Agreement. You may view, display, download into the memory of your own personal computer and make one printed copy of the Information found on the pages of this Site; provided, however, (1) that you do so only for purposes of receiving, accessing, analyzing and using the Information made available at the Site in accordance with the terms and conditions hereof, for your personal, non-commercial use only; and (2) that you do not remove, alter, change, obscure or delete any copyright, trademark, or other proprietary notice or legal notices in or on any portions of the Site. No rights are granted to you except those expressly stated here.
Registration/Passwords/Site Security: If, at any time, San Ysidro Ranch requires registration in order to access or use any areas or Information at this Site, you agree to: (a) provide true, complete, accurate and current data, as requested in the registration process (the "Registration Data"); (b) maintain and update the Registration Data promptly as required herein; (c) prevent unauthorized access or use by you or others by use your user identification number and/or passwords; (d) report any unauthorized use or disclosure of your password or other breach of Site security; and (e) not assign or transfer (or attempt to do the same) any rights granted to you under this Agreement. San Ysidro Ranch
reserves the right to suspend, and/or to refuse any further, access or use of the Site or Information, if San Ysidro Ranch learns or reasonably suspects that your Registration Data is false or inaccurate, if you refuse to provide complete and updated registration information, or you misuse or permit another to use your password who is not authorized to do so.
Restrictions, Limitations and Conditions Applicable to Your Use of this Site: As a condition of your rights to access or use this Site, you must use the Site and all Information found at the Site for lawful purposes only and only as expressly permitted in this Agreement. As a condition of your access and use rights to the Site and Information, you agree to not do any of the following, in any manner whatsoever, alone or through any other person or entity, and your compliance is something that San Ysidro Ranch, in its sole and absolute discretion, shall determine:
- Copy, reproduce, store, resell, rent, lease, grant a security interest or transfer a right in, sublicense, distribute, redistribute, broadcast, transfer, publicly display, publish, adapt, modify, translate, create derivative works from, time-share, de-compile, reverse-engineer, reverse-compile, export any information or technology from, or allow any access to or use of except as expressly authorized in this Agreement - the Site, or of any part thereof;
- Restrict or inhibit any authorized users from accessing or using the Site, Information or Documents;
- Transmit to or introduce at the Site any viruses or harmful software, program, code, utility, material, routine or material or thing intended to damage, interfere with, disrupt, intercept or expropriate the Site, the Information at the Site or any other system, program, network, web site, data, information, or activities associated with those items ("Viruses"), or otherwise implement or engage in on-line activities, attacks or actions in a manner that involves, or with a purpose of creating, a disruptive, surreptitious, detrimental or other harmful effect, including without limitation, by excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or by means of hacking, or denial of service events ("System Attacks");
- Impersonate any person or entity or falsely state or otherwise misrepresent your professional or other identity or affiliation or that of anyone else, or provide false, inaccurate or misleading information in connection with accessing or using the Site; or
- Use the Site for any purposes that are unlawful or illegal or that could give rise to civil or criminal liability or actions against San Ysidro Ranch, you, or any third party.
- Use the Site, the Information, or the Documents for any unlawful or illegal purposes or post, submit, upload, e-mail or otherwise transmit any information, documents, materials or communications at, to or through the Site that would constitute a violation of, or engage in or encourage conduct that violates any law, regulation or legal requirement or any local, state, national or international governmental entity.
- Post, submit, upload, e-mail or otherwise transmit any content, material or other thing at, to or through the Site that (1) is threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, harassing, derogatory, rude, abusive, offensive, hateful, or otherwise objectionable in any way (including, e.g., to anyone because of race, ethnicity, gender, national origin, age), or that may harm minors, or is unlawful in any similar or other way; (2) infringes or violates the rights of others, including without limitation, copyright, trademark, trade secret or other intellectual property and proprietary rights, privacy or publicity rights; or (3) has an advertising, marketing, promotional or other business or commercial purpose.
Responsibility and Liability for Use: You shall be solely liable for any lawsuits, claims, proceedings, actions, harm and other liability, or any damages, losses, expenses, fees, judgments, awards, penalties, settlement amounts, fines, or other costs associated therewith ("Damages") resulting from use or any misuse of the Site, Documents or Information, including without limitation, violation of the restrictions, limitations and conditions upon use and infringement of copyright, trademark or other proprietary right, and any other Damages.
Notice Regarding Links to Other Web Sites and Third-Party Documents and Information; Disclaimer by San Ysidro Ranch:
Linked Sites: This Site may point or link to other web sites or to web pages or documents hosted on other web sites ("Linked Sites"). None of the links create or constitute, nor are they intended to create or constitute, any legal affiliation or relationship between San Ysidro Ranch and any other person, company or entity which owns or operates a Linked Site, or any liability or responsibility on the part of San Ysidro Ranch for such third parties, all of which San Ysidro Ranch hereby disclaims. San Ysidro Ranch does not own or control the Linked Sites and is not the author or owner of any third-party Documents or other Information. Accordingly, San Ysidro Ranch cannot represent or guarantee that the Linked Sites will be accessible or operational or the user will be able to reach the Linked Sites, and the links should not be construed as an endorsement by San Ysidro Ranch of any Information or Documents of a third party, or anything else you find at the Linked Sites. Therefore, San Ysidro Ranch is not responsible or liable to you for any Damages, all of which it hereby disclaims, related to your attempt to link from this Site to any Linked Site, your use of or reliance upon the Linked Sites or any third-party Documents or other Information accessed from or found at this Site or any Linked Site, or any statements, advice, warranties, guaranties, representations, endorsements or communications associated therewith.
Responsibility of Third Parties and the User: You are hereby advised and you acknowledge that the Information and Documents provided at the Site or a Linked Site are the sole responsibility of the owners or officers and their agents, representatives or brokers, and San Ysidro Ranch is not responsible for any Documents, Information, services, content or other statements or representations of third parties that San Ysidro Ranch provides or makes available to you at or through this Site.
Disclaimers and Limitations of Liability: The following disclaimers and limitations of liability are made on behalf of San Ysidro Ranch and its third-party providers:
Disclaimer of Warranties: All information and other materials, products, services and features on this Site are provided "as-is" - with all faults, imitations and errors - basis and without any representation, warranty or guaranty from San Ysidro Ranch whatsoever, whether oral or written, express or implied or arising by statute or law or arising by virtue of custom of trade or course of dealing, including without limitation, any implied warranty of fitness for a particular purpose or application or warranty of merchantability, title or non-infringement, all of which San Ysidro Ranch hereby disclaims.
Disclaimer Regarding Site Access: San Ysidro Ranch shall have no responsibility to provide you with access to the Site or any linked site, or any Documents, Information, products, services, tools or features offered, accessed or used at or through the Site or any of the linked sites. Further, San Ysidro Ranch shall not be responsible or liable for the timeliness or correct sequencing of, or any damages due to the unavailability during any period of interruption or delay in service of, any of the foregoing, regardless of the cause (whether equipment, software, system, utility or data-line interruption or failure).
Limitations of Liability: You hereby acknowledge and agree that San Ysidro Ranch is not responsible for any access or use by you of the Site or Information found or products, services or other items purchased or acquired at or through the Site or through any linked site or third party whose Documents or Information are found at the Site, or for any damages caused by the same.
General Disclaimer of Damages: San Ysidro Ranch has no responsibility or liability to you or anyone else for any damages that may result from or in connection with access or use of the site or Information at the Site or products, services or other items purchased or licensed at or through the Site, including without limitation, actual or direct damages or incidental, consequential, special or punitive damages of any kind, regardless of the legal theory upon which they are based. San Ysidro Ranch hereby disclaims all such damages.
Indemnification from the User: You shall release, indemnify, defend and hold the San Ysidro Ranch parties and its third-party providers harmless from and against all damages due to claims arising from or related to your access or use of this Site, and/or any Documents or Information obtained at or offered on the Site.
Access to the Site: You are solely responsible for providing, maintaining, supporting, operating and paying for all equipment, operating systems, browsers, applications, and other hardware, software and system components, as well as telephone, cable or data communications lines and connections, that are necessary to access and use the Site through the Internet. San Ysidro Ranch reserves the right to refuse assistance to or to charge additional fees if you seek assistance from San Ysidro Ranch regarding use of your system or equipment or basic background computer or Internet-use information or any other matters not directly related to the operation of the Site.
Child Protection Act Notification: Pursuant to 47 U.S.C. Section 230(d) as amended, San Ysidro Ranch hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://www.eff.org (which is the Electronic Frontier Foundation Web site) and at the Web site for America Links Up, http://www.netparents.org.
Termination: Your rights to use this Site shall terminate immediately upon your violation of any of the terms, conditions or restrictions stated in this Agreement, without the necessity of San Ysidro Ranch's sending you notice or otherwise advising you of your loss of rights. Termination or cancellation of this Agreement shall not affect any right or relief to which San Ysidro Ranch may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to San Ysidro Ranch.
Claims Regarding Your Use of this Site: If San Ysidro Ranch brings a lawsuit, claim or other proceeding against you to enforce this Agreement or brings you into one in connection with enforcement of the Agreement (a "Claim"), San Ysidro Ranch shall be entitled to recover from you (and you agree to pay), in addition to all Damages that may be awarded, reasonable and necessary attorney's fees and any costs of litigation. This Agreement shall be governed by the laws of the state of California, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any Claim arising from or relating to your access and use of the Site contemplated by this Agreement must be instituted within two (2) years from the date upon which such Claim arose or accrued. Further, any such Claim may only be brought in the state or federal courts located in California. You agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of California as your agent for service of process. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement.
Entire Agreement; Changes to this Agreement: The terms of this Agreement, as posted at the Site, constitute the entire and exclusive agreement between you and San Ysidro Ranch regarding the Site and its use and supersede all other agreements, understandings and communications regarding the subject matter of this Agreement, if any, both oral or written, whether made prior or subsequently to or contemporaneously with your use of the Site. San Ysidro Ranch retains the right to modify the terms or conditions of this Agreement at any time without notice or warning. You are bound to all changes San Ysidro Ranch may make to these terms and, therefore, should periodically revisit these terms and review them to make sure you comply with all changes. If at any time you cannot comply with any of the terms and conditions of this Agreement, then you should terminate and discontinue all access to and use of the Site.
Modifications to this Site: San Ysidro Ranch reserves the right to modify this Site at any time and, in its sole discretion, may make modifications to the Site, including without limitation, with respect to the Information, advertising, links, product, services and features found at the Site or acquired through it (of San Ysidro Ranch and/or third-party providers).
Export Laws: Legal Compliance; Authorizations. You are responsible for obtaining and securing, and shall obtain and secure, any and all authorizations, licenses and permits required by any United States or foreign governmental or judicial authority in connection with use of this Site, including without limitation, for the export of any data, software, documents, technology or other matter subject to export control laws and regulations or any governmental authority. Unless otherwise specified, the Information found at or accessible through this Site is presented solely to provide data regarding San Ysidro Ranch and to promote San Ysidro Ranch properties and, as applicable, third-party provider products/services available in the United States, its territories, possessions and protectorates. The Site is controlled and operated by San Ysidro Ranch from its offices within the state of California, the United States of America. San Ysidro Ranch makes no representation that Information found at or accessible through this Site is appropriate or available for use outside the United States. Users electing to access the Site from outside the United States acknowledge that they do so on their own initiative and are responsible for compliance with all applicable local laws. Software available at or accessible through this Site is further subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site, you represent and warrant that you (1) are not a national or resident of any such embargoed country, nor are you located in or under the control of one; and that you (2) are not on the aforementioned lists.
Notice and Procedure for Copyright Infringement Claim: Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), San Ysidro Ranch reserves the right, but not the obligation, to terminate your license to use this Site if San Ysidro Ranch determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. San Ysidro Ranch accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, San Ysidro Ranch has implemented procedures for receiving written notification of claimed infringements and for processing such Claims in accordance with the Act. The designated agent of San Ysidro Ranch to receive notification of infringement is:
Chief Financial Officer, Ty Warner Hotels & Resorts, P.O. Box 5377 Oak Brook, IL 60522
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to the designated agent listed above and must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site. Similarly, for other types of infringing materials, a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.