Terms & Conditions
Last Revised: March 5, 2018
This website contains material which is owned by or licensed to us. Reproduction of material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. This material includes, but is not limited to the design, layout, look, appearance and graphics. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
You acknowledge that Sea & Sand contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, 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 Company owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You 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, you may use the content only for your personal non-commercial use and make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain 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), you 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.
All trademarks, product names, and company names and logos appearing on seaandsandswim.com are the property of their respective owners.
The Company’s Rights
The Company may elect, but is not obligated, to electronically monitor areas of seaandsandswim.com and may disclose any Content, records, or electronic communication of any kind and information you provide to seaandsandswim.com (i) when we believe disclosure to be appropriate to comply with any law, regulation, or government request or to comply with judicial process; or (ii) if such disclosure is necessary or appropriate to operate this site; or (iii) to protect the rights or property of the Company, its users, Sponsors, Providers, Licensors, or Merchants. The Company is not responsible for screening, policing, editing, or monitoring such Content. Subject to the provisions above under “Copyright Agent”, if notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, the Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from seaandsandswim.com.
The Company reserves the right to prohibit or remove conduct, communication, or Content that it deems in its sole discretion to be harmful to customers, members, users, content or service providers the Company or its affiliates, or any rights of the Company or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither the Company nor its providers, merchants, sponsors, or licensors can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither the Company, nor its affiliates, nor any of its officers, directors, employees, or agents, nor provider, merchant, sponsor, or licensor shall assume liability for any action or inaction with respect to conduct, communication, or Content on seaandsandswim.com.
Product Display and Information
We attempt to display the products featured on our website as accurately as possible. However, we cannot guarantee that your monitor’s display of merchandise color, texture, or feature will be accurate. On occasion, the website may contain incomplete information, typographical errors, or inaccuracies as to description, pricing, promotions, sizing, fabrication, color or availability. You acknowledge that such information and materials may contain errors or inaccuracies and we expressly exclude liability for any such errors or inaccuracies to the fullest extent permitted by law.
Prices, discounts and promotions may vary by shipping destination. We may change pricing, discounts and promotions at any time.
We provide no warranty or guarantee as to the accuracy, completeness, performance, suitability or timeliness of the information and materials found or offered on this website for any particular purpose.
We reserve the right to refuse any order placed with us or to limit or cancel quantities purchased per person, per household, per credit card or per order. This may include orders placed by or under the same customer account, the same credit card, the same device and/or orders that use the same billing and/or shipping address. We may limit or prohibit orders that appear, in our sole judgment, to be placed by dealers, resellers or distributors. If we limit or cancel an order, we will attempt to notify you through the email, billing address or telephone number you provided when the order was placed. We may refuse to accept, place or cancel orders if evidence of potential fraud or misconduct exists, as determined in our sole discretion.
Links to Other Websites
This website may contain links to websites owned and controlled by third parties. These links are provided solely for your information and convenience.
Dispute Resolution, Choice of Law and Forum
In the event of any claim, action or dispute related to or arising out of any seaandsandswim.com transaction, your use of this website, or the breach, interpretation or validity of the Terms, (“Dispute”), the party asserting the Dispute will first attempt to resolve such Dispute in good faith, by providing written notice to the other party (via certified mail, return receipt requested or express delivery carrier) describing the facts and circumstances (including any relevant documentation) and allowing the receiving party at least thirty days in which to respond to or resolve the Dispute. If to Sea & Sand, notice will be sent to Coastal Sunwear Mfg., Attention: (COASTAL SUNWEAR, MFG.), (2700 Glades Circle, Ste. 146, Weston, FL 33327). If to you, notice will be sent to your last used billing address or the billing and/or shipping address in your online profile. Both you and Sea & Sand and its Affiliates agree that this dispute resolution procedure is a condition precedent to the filing of any litigation against the other. Any claim or action initiated by you related to or arising out of your use of this website or the Terms will be resolved only by state or federal courts located in Broward County, Florida. The Terms will be construed in accordance with the laws of the State of Florida, without regard to any conflict of laws provision.
Disclaimer and Limitation of Liability
You explicitly agree that use of seaandsandswim.com is at your sole risk. You must be 18 years or older to register for an online account. Neither the company, nor its affiliates, nor any of its officers, directors, or employees; agents, third-party service or content providers, merchants, sponsors, licensors, or similar, guarantee that seaandsandswim.com will be uninterrupted or error-free. There is also no guarantee that the results that may be obtained from the use of seaandsandswim.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through seaandsandswim.com.
Seaandsandswim.com is provided on an “As Is,” “As Available” basis and the company specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or suitability for a particular purpose. No oral advice or written or electronically delivered information given by the Company or its Affiliates, or any of its officers, directors, or employees; agents, third-party service or content providers, merchants, sponsors, licensors, or similar, shall create any warranty.
Under no circumstances shall the company or any other party involved in creating, producing, or distributing seaandsandswim.com be liable for any direct, indirect, incidental, special, or consequential damages, including without limitation, lost profits that result from the use of or inability to use seaandsandswim.com, including but not limited to reliance by you on any information obtained from seaandsandswim.com 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 company’s records, programs, or services. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through seaandsandswim.com. 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.
User-Generated Content and Submissions
You are responsible for, and we claim no ownership to, any content, including profiles, information, messages, text, images, illustrations, icons, photographs, videos, music or any other content or materials (“User-Generated Content”), you submit, upload, post or otherwise provide or make available to Sea & Sand or its Affiliates or vendors, or make available on or through this website, including User-Generated Content that is on third party social media websites, including, but not limited to, Facebook, Instagram, Pinterest, Google+, and/or Twitter, which you have agreed to allow our use of, and those associated with hashtags related to Sea & Sand, such as, #SeaAndSand.
You must be at least 18 years old to make a Submission. Your Submission may be used in any Sea & Sand advertising, marketing or promotional materials, including this website, printed materials, emails, social media sites and in-store marketing materials. If your Submission is used by Sea & Sand, it may be publicly displayed along with your name and associated Facebook, Instagram, Pinterest, or Twitter profile information. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission.
All User-Generated Content and Submissions posted, submitted or otherwise transmitted or made available to this website remains the sole responsibility of the person who originated such content. We do not and will not monitor or control User-Generated Content. All User-Generated Content and Submissions will be treated as non-confidential and non-proprietary. With respect to all User-Generated Content and Submissions, you grant Sea & Sand and its Affiliates, a perpetual, irrevocable, transferable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such Submissions and User-Generated Content as well as your name, Facebook, Instagram, Pinterest or Twitter handle, ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, forms, media, or technology, alone or as part of other works, without further notice or compensation. You hereby represent and warrant that any User-Generated Content and/or Submissions you provide do not include anything to which you do not own or otherwise control or have the full right to grant the license stated above. You represent that your User-Generated Content and Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, commercial offerings or any form of “spam.”
You also warrant that you own or otherwise control all of the rights to any User Submissions, including but not limited to, the permission and consent of every person or person in any picture, photograph, image or likeness you submit or post on or to the Web Site or otherwise transmit to the Company and that our public posting and other public or private use of such User Submissions will not infringe the rights of any third party. You acknowledge that neither you, nor any other person or persons included in or involved with the User Submission are entitled now, or in the future, to any compensation for any User Submissions you may submit or post and you waive the benefits of any provisions of law known as “droit moral” (moral rights) or any similar laws.
No User Submissions, regardless of how they may be marked, will be received by us in confidence, nor shall they be subject to any express or implied obligation of confidentially. Neither the Company, or its Affiliates, nor their respective officers. You and your successors and assigns hereby waive any and all rights and remedies you may have against the Company, or its Affiliates, or any of their respective officers, directors, employees, or agents now or in the future, and hereby release the Company, its Affiliates, and any of their respective officers, directors, agents and employees from any and all claims, demands, actions, causes of action, damages, obligations, losses and expenses of whatever kind, (collectively “Claims”) relating to providing, posting, transmitting or making available through the Web Site the User Submissions to the Company, or the Company receiving, evaluating, and utilizing the User Submissions. You further agree to indemnify, defend and hold harmless the Company, its Affiliates, and any of their respective officers, directors, agents and employees from and against any and all Claims, including, without limitation, Claims that any User Submissions misappropriate or infringe upon the rights of any third party, and reasonable attorneys’ fees and expenses, which result or arise from, or are based on, the receipt, evaluation or use of User Submissions by the Company, its Affiliates or its third party licensees.
In addition, the Company may, in our sole discretion, at any time and without prior notice to you, suspend or terminate any public forum, any other portion of the Web Site, or the subscription or registration of any user who violates any of these terms and conditions of use, any of the rules, regulations or guidelines or for any other behavior that we in our sole discretion believe is inappropriate.
Third Party Content
The Company is a distributor and not a publisher of the Content supplied by third parties and you. The Company does not have editorial control over such Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the Content expressed or made available by third parties, including providers, merchants, sponsors, licensors, or any other user of seaandsandswim.com are those of the respective authors or distributors and not of the Company or its affiliates or any of its officers, directors, employees, or agents. Neither the company nor its affiliates, nor any of its officers, directors, employees, or agents, not any third party (includes: providers, merchants, sponsors, licensors,) or any other user of seaandsandswim.com, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or suitability for any particular purpose.
The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on seaandsandswim.com by anyone other than authorized Company employees. Under no circumstances shall the Company, or its affiliates, or any of its officers, directors, employees, or agents be liable for any loss or damage caused by your reliance on information obtained through seaandsandswim.com. It is your responsibility to evaluate the information, opinion, advice, or other content available through seaandsandswim.com.
You agree that you will not use seaandsandswim.com to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in specified areas, if any, that are specifically designated for such a purpose.
Public and Private Communications
Your Security and Privacy
Termination of Usage
The Company may terminate your access, or suspend your access to all or part of Sea & Sand, without notice, for any conduct that the Company, 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, merchant, sponsor, licensor, content or service provider, or the Company.
Copyright Infringement Policy
We respect the intellectual property rights of others and expect others to do the same. We do not allow copyright infringing activities on this website and will, if brought to our attention, will promptly remove or disable access to infringing content from this website. We may remove or disable access to content without prior notice.
Copyright Infringement Notification
When we receive the completed notification of alleged infringement, we will quickly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described within the Digital Millennium Copyright Act.
To file a copyright infringement notification with us, please send a written communication that includes the following Notice and deliver it to the Designated Copyright Agent. (Please note, the information provided in this Notice may be forwarded to the person who supplied the allegedly infringing content):
Notice of Copyright Infringement Instructions
- Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material you claim is infringing (the subject of infringing activity) and that access to which is to be disabled, including at a minimum the URL from the website page where such material may be found.
- Provide information reasonably sufficient to permit us to contact you, or your authorized agent, including a name, address, telephone number and an email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature, or a physical or electronic signature of a person authorized to act on your behalf.
Deliver this Notice, with all items above completed, to our attorney:
[Attn: COASTAL SUNWEAR MFG.]
[2700 GLADES CIR. STE 146
WESTON, FL 33327]
© 2018 Coastal Sunwear Mfg. All Rights Reserved.