Terms and Conditions
By accessing or using any areas of our website you are bound by the terms and conditions set forth below, as well as the terms of our Acceptable Use Policy and our website Privacy Statement. If you do not accept these terms and conditions, you may not access or use this website. We retain the right to modify these terms and conditions at any time by posting new terms and conditions on this page.
Permission to Use this Website
Many portions of this website are available for public viewing and use. You must register or enter into a separate agreement with Santa Barbara Chocolate to access other portions of this website. Subject to the terms and conditions set forth on this page, our Acceptable Use Policy and our Privacy Statement, and the terms and conditions of any license or other agreement pursuant to which you use our products or services, Santa Barbara Chocolate grants you permission to do the following: (1) view and use for intended purposes those portions of this website to which we have granted you access; (2) make one complete, unaltered electronic copy and/or one complete, unaltered paper copy of any page on this website to which we have granted you access, provided you retain all copyright, trademark and other proprietary rights or internal business purposes and do not distribute or republish it; (3) obtain our products and signup for our services, subject to payment of all applicable charges and agreement to the terms and conditions of any license agreement or other agreement associated with those products and services; and (4) use the discussion forums, contact lists and e-mail links to which you have been granted access to interact with Santa Barbara Chocolate and other users of our products and services in ways that do not violate our Acceptable Use Policy. Any other use of this website or its contents is prohibited without first obtaining written permission from Santa Barbara Chocolate.
Copyright, Trademarks and Other Proprietary Rights
This website contains text, data, software, photographs, graphics, videos, music, sounds and other information and material that is protected by state, national and international law pertaining to copyrights, trademarks, trade secrets, and other proprietary rights. Unless indicated otherwise, all of this content is the property of Santa Barbara Chocolate and/or its licensors or affiliates, and Santa Barbara Chocolate and its licensors and affiliates reserve all rights with respect to this website's content, including, without limitation, all rights to copy, display, distribute, transmit, modify, remove, and create derivative works of it.
Trademarks, product names, company names and logos appearing on this website are the property of their respective owners. You must obtain permission from those owners before copying or using their trademarks, product names, company names or logos.
Linking, Framing and Meta Tags
You may make referential links to any of the publicly accessible pages on this website that are not password protected, subject to review and termination by us at any time and for any reason. Please be aware that we continually update and revise our website. We cannot guarantee that each page to which you may provide a link will remain available or that its content will remain the same. You may not link to our website in any way that might lead others to believe that our website or any of its contents were created or are operated or offered by you or any party other than Santa Barbara Chocolate.
You may not use any of Santa Barbara Chocolate's trade names, trademarks or any of the textual content of our website as meta tags in your own website, unless we have granted you a license explicitly permitting you to do so. Communication and submissions via this website whenever you communicate with Santa Barbara Chocolate or others using this website, including its forums and e-mail links, your communications are not confidential.
Santa Barbara Chocolate is free to use all submissions, ideas and feedback contained in your communications in any manner that is consistent with our Privacy Statement, including, but not limited to, incorporating your suggestions into our product and service offerings without any financial or other obligation to you.
Member Account, Security and Password
Santa Barbara Chocolate uses secure processing of financial data by a recognized secure USA based bank. If any of the products or services available to you on this website requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may be asked to choose a username and/or password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Santa Barbara Chocolate immediately of any unauthorized use of your account or any other breach of security. Santa Barbara Chocolate will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Santa Barbara Chocolate or any other party due to someone else using your account at any time, without permission of the account holder.
Third Party Statements and Opinions
Santa Barbara Chocolate is not responsible for any opinions, advice or statements made by third parties. Except as required by law, we have no obligations to monitor users' postings to our forums or to remove or retain forum content, although we reserve the right to do so.
Third Party Products, Services and Websites
Third parties may develop or provide tools, skins or other software applications or components, materials, data, content or other products or services for use with our products or services, some of which may be accessible on or via this website. Santa Barbara Chocolate makes no representation or warranty with respect to the quality, reliability or non-infringement of any third party product, service or material accessible on or via this website. Your rights with respect to third party products, services or data may be subject to the terms and conditions of separate agreements with the third parties providing them. This website may contain links to third party web sites. These links are provided solely as a convenience to you. Unless explicitly stated otherwise, they are not intended as a certificate or endorsement of the owner of the website, the website's content, or any products or services available on or via the website. Santa Barbara Chocolate does not control and is not responsible for linked websites, or any websites (other than our own) that are linked.
No Warranties
THIS WEBSITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. Santa Barbara Chocolate AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, BUSINESS PARTNERS, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS AND SUPPLIERS (COLLECTIVELY KNOWN AS "AFFILIATES"), MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THIS WEBSITE OR ITS CONTENT, AND THEY DISCLAIM ALL WARRANTIES REGARDING THIS WEBSITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCT OR SERVICES AVAILABLE VIA THIS WEBSITE (EXCEPT AS SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES).
Limitation of Liability
EXCEPT AS MAY BE PROVIDED IN A SEPARATE WRITTEN LICENSE OR OTHER AGREEMENT BETWEEN YOU AND Santa Barbara Chocolate'S PRODUCTS AND SERVICES, NEITHER Santa Barbara Chocolate NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER LOSSES OR DAMGES ARISING OUT OF OR RELATED TO USE OF THIS WEBSITE OR ANY PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THIS WEBSITE, WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE LEGAL THEORIES UNDER WHICH RELIEF IS SOUGHT AND EVEN IF Santa Barbara Chocolate AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LOSSES OR DAMAGES ALLEGEDLY SUFFERED.
IN NO EVENT WITH Santa Barbara Chocolate AND ITS AFFILIATES' TOTAL LIABILITY WITH RESPECT TO ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEBSITE EXCEED THE LOWER OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU OR US $10.
SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, Santa Barbara Chocolate AND ITS AFFILIATES' AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Export and Import Restrictions
This website is controlled and operated by Santa Barbara Chocolate from its offices within the United States. Santa Barbara Chocolate makes no representation that the products, services and other materials available through this website are appropriate or available for use in other countries where their contents or use is illegal is prohibited.
Miscellaneous Terms and Conditions
The terms and conditions contained on this page apply generally to your access to and use of this website and our products and services. Some of these terms and conditions may be modified or superseded by expressly designated legal notices located on other pages of this website or by the terms and conditions of the licenses or other agreements pursuant to which you obtain our products or services. A specific provision in any of those notices, licenses or agreements that addresses the same subject matter as a provision on this page overrides the provision on this page. No delay or failure to take any action or exercise any right that Santa Barbara Chocolate may take or exercise pursuant to these terms and conditions or applicable law will constitute a waiver of that action or right by Santa Barbara Chocolate.
Any litigation arising out of or related to your access to or use of this website will be brought only in the United States District Court for the District of California, or, if federal subject matter jurisdiction is lacking, then in the California state trial court for the division and county in which Santa Barbara Chocolate's or its successor's or assign's principal office in California is then located. By accessing or using this website, you submit to the personal jurisdiction of these courts and waive all objections to placing venue exclusively before them. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorney's fees, expenses and costs incurred in connection with litigation.
The terms and conditions contained on this page will be governed by and interpreted in accordance with the laws of California, USA, without regard to any of its choice of law rules that might lead to application of the law of another jurisdiction. If any of the terms or conditions contained on this page are determined to be invalid or unenforceable by a court of competent jurisdiction, then the remaining terms and conditions will remain in full force and effect, and the invalid or unenforceable term or condition will be deemed superseded by a valid, enforceable term or condition that matches the practical effect of the original provision as closely as possible. These terms and conditions set forth our entire agreement with you related to your use of this web site, and they prevail over any other communication we may have regarding its use, with exception of an agreement signed by an authorized representative of Santa Barbara Chocolate that explicitly authorizes a use which is inconsistent with these terms and conditions.
Product Images
Product photos are shown on our website to act as a facsimile of what is offered or to represent directly what is being offered. Occasionally a particular ribbon type, color, box design or chocolate is not available. If this is the case, Santa Barbara Chocolate will replace/exchange a product or product package or package material with one of equal or greater value. Products on the website may not be represented with accurate images or disclaimers.
Acceptable Use Policy
The name 'the Company' refers to Santa Barbara Chocolate This Acceptable Use Policy is intended to promote the integrity, reliability and security of our website and the server-based services we provide that support use of our own and others' software products (collectively, "our services"). This policy, any agreement pursuant to which you use our software or server-based services, and the Terms and Conditions for use of our website together govern your access to and use of our services. If you do not accept this policy, you may not access or use any of our services. We retain the right to modify our policy at any time by posting the modified policy on our website.
Prohibited Activities
You may not use our services, including the company directory and any other contact directories on our website, to make unsolicited offers or proposals or to send junk mail to users of our services or our software; harass, defame or defraud users of our services or our software; knowingly damage or interfere with the operation of our services, any software that utilizes them, or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms or other harmful code, disable, circumvent, avoid, bypass, remove, deactivate, impair or otherwise interfere with security-related features of our services or software, features that enforce restrictions or limitations on use of our services or software, or features that prevent or restrict use or copying of any content or other material accessible through use of our services or software; use our services to upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws (including, by way of example and not limitation, copyright or trademark laws) or by rights of privacy or publicity, unless you own or control the rights or have received all necessary consent to do so; use our services to download any file posted by another user that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in this manner; access or use our services in violation of any local, state, national, or international law, including, without limitation, laws governing the provision of financial services, data protection and privacy, and export or import control; or otherwise access or use this website in violation of its Terms and Conditions or use our other services or our software in violation of any applicable license or service agreement.
Special Notice Regarding Copyright Infringement
You may not use our services to infringe copyrights. We will attempt to terminate service to anyone who we become aware is repeatedly using our services in violation of copyright law. IT IS YOUR SOLE RESPONSIBILITY TO USE THE SERVICES IN COMPLIANCE WITH ALL APPLICABLE COPYRIGHT LAWS.
Notification of claimed copyright infringement should be made in accordance with our Notice and Procedure for Making Claims of Copyright Infringement. NOTICES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT OR NOT IN CONFORMANCE WITH THIS PROCEDURE WILL NOT RECEIVE A RESPONSE.
Consequences of Unacceptable Use
We reserve the right to take any and all action we deem appropriate if we become aware of conduct that we believe does not conform to the requirements of this policy, any agreement pursuant to which you use our services or any software that utilizes them, the Terms and Conditions for use of this Web site, or applicable law.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c), all notifications of claimed copyright infringement using our services should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE COMPANY THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED INFRINGEMENT OF YOUR COPYRIGHTS TO OUR DESIGNATED AGENT. Your written notification must be sent to the following Designated Agent:
Fancy Brands
2112 Eastman Ave. #113
Ventura, CA. 93003 USA
Under Title 17, United States Code, Section 512(c)(3)(A), your Notification of Claimed Infringement must include the following: An electronic of physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest; Identification of the copyrighted work(s) that you claim have been infringed; A description of the material that you claim is infringing, and the location where the original of an authorized copy of the copyrighted work exists (for example, the URL of the page of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);Your address, telephone number, and email address; A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Contact Info
If users have any questions or suggestions regarding our privacy policy, please contact us at: info@santabarbarachocolate.com or toll free: 888-812.6262