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Visit Cambria California (The VCC) Terms of Use, Acceptable Use Policy (AUP) & Privacy
Statement
Welcome to The VCC.
The VCC supports freedom of speech, both on and off the Internet. However,
the goal of this web site is to provide access to the widest selection of
information to the largest group of people possible. To insure a safe,
non-offensive environment for all of our users, we have established our
Terms of Use. It spells out what you can expect from us and what we expect
from you. By accessing any areas of The VCC, users ("Users") agree to be
legally bound and to abide by the terms set forth below. The VCC is owned
and operated by Cambria Computer and Internet. Any references herein to
The VCC shall be deemed to refer to The VCC and/or Cambria Computer and
Internet, as applicable under the circumstances.
I. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of The VCC is at User's sole risk. Neither
The VCC , nor its affiliates, nor any of their officers, directors, or
employees, agents, third-party content providers, merchants, sponsors,
licensors (collectively, "Providers"), or the like, warrant that The VCC
will be uninterrupted or error-free; nor do they make any warranty as to
the results that may be obtained from the use of The VCC , or as to the
accuracy, reliability, or currency of any information content, service, or
merchandise provided through The VCC .
THIS SITE IS PROVIDED BY The VCC ON AN "AS IS" AND "AS AVAILABLE" BASIS.
The VCC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT,
MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, The VCC DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The VCC WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND
CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY The
VCC NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER
RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall The
VCC or any other party involved in creating, producing, or distributing
The VCC be liable for any direct, indirect, incidental, special, or
consequential damages that result from the use of or inability to use The
VCC , including but not limited to reliance by a User on any information
obtained from The VCC or that result from mistakes, omissions,
interruptions, deletion of files or email, errors, defects, viruses,
delays in operation or transmission, or any failure of performance,
whether or not resulting from acts of God, communications failure, theft,
destruction, or unauthorized access to The VCC's records, programs, or
services. User hereby acknowledges that this paragraph shall apply to all
content, merchandise, and services available through The VCC. Because some
states do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such states liability is limited
to the fullest extent permitted by law.
II. CONTENT
a. PROPRIETARY RIGHTS
User acknowledges that The VCC contains information, data, software,
photographs, graphs, videos, typefaces, graphics, music, sounds, and other
material (collectively "Content") that are protected by copyrights,
trademarks, trade secrets, or other proprietary rights, and that these
rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted as a
collective work under the U.S. copyright laws, and The VCC owns a
copyright in the selection, coordination, arrangement, and enhancement of
such Content. User may not modify, remove, delete, augment, add to,
publish, transmit, participate in the transfer or sale of, create
derivative works from, or in any way exploit any of the Content, in whole
or in part. If no specific restrictions are displayed, Users may make
copies of select portions of the Content, provided that the copies are
made only for User's personal use and that User maintains any notices
contained in the Content, such as all copyright notices, trademark
legends, or other proprietary rights notices. Except as provided in the
preceding sentence or as permitted by the fair use privilege under the
U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not
upload, post, reproduce, or distribute in any way Content protected by
copyright, or other proprietary right, without obtaining permission of the
owner of the copyright or other propriety right. In addition to the
foregoing, use of any software Content shall be governed by the software
license agreement accompanying such software.
b. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section II a. above, User may upload to or
otherwise distribute on The VCC only Content that is not subject to any
copyright or other proprietary rights protection (collectively, "Public
Content"), or Content in which the author has given express authorization
for distribution on the World Wide Web. Any copyrighted or other
proprietary Content distributed with the consent of a copyright owner
should contain a phrase such as "Copyright, owned by [name of owner]; used
by permission." The unauthorized submission or distribution of copyrighted
or other proprietary Content is illegal and could subject the User to
criminal prosecution as well as personal liability for damages in a civil
suit. User will be liable for any damage resulting from any infringement
of copyrights or proprietary rights, or from any other harm arising from
such submission. Neither The VCC, nor its affiliates, nor any of their
officers, directors, employees, agents, Providers, or the like, will be
liable for any damage resulting from any infringement of copyrights or
proprietary rights, or from any other harm arising from such User
submission. In compliance with the Digital Millennium Copyright Act, Users
and other persons can report an infringement to The VCC. By submitting
Content to any User-submit areas, including, without limitation, any User
book reviews or participation in any author chats, User automatically
grants, or warrants that the owner of such Content has expressly granted
The VCC the royalty-free, perpetual, irrevocable, nonexclusive right and
license to use, reproduce, publish, translate, sublicense, copy, and
distribute the Content in whole or in part worldwide and/or to incorporate
it in other works in any form, media, or technology now known or hereafter
developed for the full term of any copyright that may exist in such
Content. User also permits any other User to access, store, or reproduce
the Content for that User's personal use. Subject to this grant, the owner
of Content placed on The VCC retains any and all rights which may exist in
such Content.
c. THIRD-PARTY CONTENT
The VCC is a distributor and not a publisher of Content supplied by third
parties and Users. The VCC has no more editorial control over such Content
than does a public library or newsstand. Any opinions, advice, statements,
services, offers, or other information that constitutes part of Content
expressed or made available by third parties, including Providers or any
other User of The VCC, are those of the respective authors or distributors
and not of The VCC or its affiliates or any of their officers, directors,
employees, or agents. Neither The VCC nor its affiliates, nor any of their
officers, directors, employees, or agents, nor any third party, including
any Provider, or any other User of The VCC, guarantees the accuracy,
completeness, or usefulness of any Content, nor its merchantability or
fitness for any particular purpose. In many instances, the Content
available through The VCC represents the opinions and judgments of the
respective Provider, or User not under contract with The VCC. The VCC
neither endorses nor is responsible for the accuracy or reliability of any
opinion, advice, or statement made on The VCC by anyone other than
authorized The VCC employees. Under no circumstances shall The VCC, or its
affiliates, or any of their officers, directors, employees, or agents be
liable for any loss, damage or harm caused by a User's reliance on
information obtained through The VCC. It is the responsibility of User to
evaluate the information, opinion, advice, or other Content available
through The VCC.
III. ONLINE CONDUCT
User agrees to use The VCC only for lawful purposes. User is prohibited
from posting on or transmitting through The VCC any unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, sexually
explicit, profane, hateful, racially, ethnically, or otherwise
objectionable material of any kind, including but not limited to any
material that encourages conduct that would constitute a criminal offense,
give rise to civil liability, or otherwise violate any applicable local,
state, national, or international law.
If The VCC is notified of allegedly infringing, defamatory, damaging,
illegal, or offensive Content provided by User (e.g., through an author
chat or online review), The VCC may investigate the allegation and
determine in its sole discretion whether to remove or request the removal
of such Content from The VCC. The VCC may disclose any Content or
electronic communication of any kind (i) to satisfy any law, regulation,
or government request; (ii) if such disclosure is necessary or appropriate
to operate The VCC; or (iii) to protect the rights or property of The VCC,
its Users or Providers.
The VCC reserves the right to prohibit conduct, communication, or Content
that it deems in its sole discretion to be harmful to individual Users,
The VCC, the communities that make up The VCC, or any rights of The VCC or
any third party, or to violate any applicable law. Notwithstanding the
foregoing, neither The VCC nor its Providers can ensure prompt removal of
questionable Content after online posting. Accordingly, neither The VCC ,
nor its affiliates, nor any of their officers, directors, employees, or
agents, nor Providers shall assume liability for any action or inaction
with respect to conduct, communication, or Content on The VCC.
IV. PRIVACY POLICY
In accordance with the terms of The VCC
Privacy And Security Policy,
The VCC respects the privacy of its Users.
V. TERMINATION OF USAGE
The VCC may terminate User's access, or suspend any User's access to all
or part of The VCC, without notice, for any conduct that The VCC, in its
sole discretion, believes is in violation of any applicable law or is
harmful to the interests of another User, a third-party Provider, a
service provider, or The VCC.
VI. APPLICABLE LAW
This site is created and controlled by The VCC in the State of California.
As such, the laws of the State of California will govern these
disclaimers, terms and conditions, without giving effect to any principles
of conflicts of laws. The VCC reserves the right to make changes to its
site and these disclaimers, terms and conditions at any time. User hereby
irrevocably and unconditionally consents to submit to the exclusive
jurisdiction of the courts of the State of California and of the United
States of America located in the State of California for any litigation
arising out of or relating to use of or purchase made through The VCC (and
agrees not to commence any litigation relating thereto except in such
courts), waives any objection to the laying of venue of any such
litigation in the California Courts and agrees not to plead or claim in
any California Court that such litigation brought therein has been brought
in an inconvenient forum.
VII. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for
any reason any provision of these Terms of Use shall be held invalid or
unenforceable in whole or in part in any jurisdiction, such provision
shall, as to such jurisdiction, be ineffective to the extent of such
invalidity or unenforceability without in any manner affecting the
validity or enforceability thereof in any other jurisdiction or the
remaining provisions hereof in any jurisdiction. ACKNOWLEDGMENT The Terms
of Use, including all documents referenced herein, represents the entire
understanding between you and The VCC regarding your relationship with The
VCC and supersedes any prior statements or representations. YOU AGREE TO
BE BOUND BY THE TERMS OF USE by using the The VCC web site. The
aforementioned Terms of Use are subject to change.
VIII. E-MAIL
a. SPAM
The VCC does not participate in spamming and maintains a zero
tolerance spam policy. Those who enter into business relationships with
The VCC (including, but not limited to, affiliates
and joint venture partners) and choose to promote the The VCC, The VCC products or services, or
The VCC affiliated products or services using spam will have
their relationship with The VCC immediately terminated.
b. HARVESTING E-MAIL
ADDRESSES
Tools and resources
provided by The VCC are neither intended nor permitted
to be used for the harvesting of e-mail addresses. Those who have found
ways to abuse any of these tools and resources and use them for mass
harvesting or spamming will have their relationship with The VCC immediately terminated.
c. UNAUTHORIZED
OPT-IN
In order to protect
our opt-in e-mail list, we are currently in the process of implementing
a system by which we will record the IP addresses of all subscriptions,
sales, and affiliates. If an e-mail address is subscribed to our system
without the owner’s permission, the host of the IP will be contacted and
pursued to terminate the user.
d. FRAUD
The VCC will pursue and prosecute to the fullest extent of the law any individual(s) who attempt to use our systems, software, or services
for the purpose of fraudulent transactions.
The VCC maintains
ethical practices and will not tolerate any misuse of our tools and
resources by any third party. If misuse occurs, we will do everything in
our power to immediately terminate the relationship and prevent any
further misuse.
IX. PRIVACY
STATEMENT
The VCC supports the right of personal privacy and corporate security on
the Internet. The VCC will never sell or market
names, e-mail addresses, or any other privileged information about our
clients or subscribers.
X. UNSUBSCRIBE POLICY
The VCC respects the request of any individual asking to have his/her e-mail
address opted-out of our database. As well, every e-mail sent by The VCC provides an automated unsubscribe option at the bottom
of each e-mail. All other unsubscribe requests can easily be processed
by sending an e-mail, including the e-mail address you wish to remove,
to
unsubscribe@visitcambriacalifornia.com.
XI. WHY IS THIS
INFORMATION COLLECTED?
Information may be used
by the web site to complete the activity for which it was provided, whether
the activity is a one-time event, such as returning the results from a
web search, forwarding an e-mail message or placing an order; or a recurring
event, such as providing a subscription service or allowing access to
an online address book or electronic wallet.
Information may be used
for the technical support of the web site and its computer system. For
example, to process computer account information, to secure and maintain
the site, or to verify web site activity by the site or its agents.
Information may be used
to enhance, evaluate, or otherwise review the web site, service, product,
or market.
XII. WHO HAS ACCESS TO
THIS INFORMATION?
This web site, entities
for whom it is acting as an agent, and/or entities acting as its agent
have access to this information. An agent in this instance is defined
as a third party that processes data only for the completion of the stated
purpose, such as a shipping firm.
XIII. WHAT KIND OF
INFORMATION DOES THIS WEBSITE COLLECT?
Unique identifiers issued
by a web site or service for the purpose of identifying an individual
over time. Mechanisms, such as
HTTP cookies, for maintaining an active connection with an individual or
for automatically identifying an individual who has visited a particular
site or previously accessed particular content.
XIV. CONTACT
INFORMATION
We invite you to
contact us if you have questions about this policy. You may contact us by
mail at the following address: The VCC - Visit Cambria California
Cambria, CA 93428
USA
You may contact us by e-mail at info@visitcambriacalifornia.com
You may call us at 805-909-2444.
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