TERMS AND CONDITIONS OF USE
The Ocean Channel, Inc.
Legal Notices

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

The Ocean Channel, Inc. ("OCEAN.COM") makes available information, materials, and products on this Web site, subject to the following terms and conditions. By accessing this site, you agree to the terms and conditions as outlined in this legal notice. OCEAN.COM reserves the right to change these terms and conditions from time to time at its sole discretion.

This site is controlled and operated by The Ocean Channel, Inc. from its offices within the State of California, United States of America. OCEAN.COM makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations within the U.S., Canada, or elsewhere do so on their own initiative and are responsible for compliance with all local laws, if and to the extent local laws are applicable.

1. Disclaimers and Limitation of Liability
OCEAN.COM may change, move or delete portions of, or may add to, this web site from time to time.
All materials, including without limitation, press releases reproduced on this site speak as of the original date of publication. OCEAN.COM has no duty or policy to update any information or statements contained on this site and, therefore, such information or statements should not be relied upon as being current as of the date you access this site.

Moreover, any portion of the materials available on this site may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice to the materials available on this site and to the products described on this site. TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, OCEAN.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OCEAN.COM DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. OCEAN.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT OCEAN.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.

 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL OCEAN.COM BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY, INDIRECT, SPECIAL INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, SITE OR ANY DOWNLOADED MATERIALS, EVEN IF OCEAN.COM OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OCEAN.COM'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO OCEAN.COM, IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE.

SOME U.S. STATES AND FOREIGN COUNTRIES PROVIDE RIGHTS IN ADDITION TO THOSE ABOVE OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR THERE MAY BE STATE PROVISIONS WHICH SUPERSEDE THE ABOVE. ANY CLAUSE OF THE DISCLAIMER DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER. THE TERMS OF THE DISCLAIMER MAY ONLY BE AMENDED IN A WRITING SIGNED BY OCEAN.COM AND ARE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA.

2. Copyright

The information on this Web site is protected by copyright. This site is owned and operated by OCEAN.COM. The works of authorship contained in this world wide website in the domain "www.OCEAN.com" (the "OCEAN.COM Site"), including, but not limited to, all design, text and images, are owned, except as otherwise expressly stated, by The Ocean Channel, Inc., and may not be copied, reproduced, transmitted, displayed, performed, distributed, uploaded, rented, sublicensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without the prior written consent of The Ocean Channel, Inc., except to the extent that such use constitutes "fair use" under the Copyright Act of 1976 (17 U.S.C. §107), as amended, and except for one temporary copy in a single computer’s memory and one unaltered permanent copy to be used by the viewer for personal and non-commercial use only, with an attached copy of this page containing OCEAN.COM’s Copyright and Trademark Notices. Modification of the materials or use of the materials for any other purpose is a violation of OCEAN.COM’s copyright and other proprietary rights.

You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any OCEAN.COM copyright, patent or trademark. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.

3. Links to OCEAN.COM by Third Parties

Unless you have a OCEAN.COM Logo/Trademark License or other written agreement in effect with The Ocean Channel, Inc. which states otherwise, you may only provide a hypertext link to the OCEAN.COM Site on another website, provided that (a) the link must be a text-only link clearly marked "OCEAN.COM Home Page" or "OCEAN.com", (b) the link must "point" to the URL "http://www.OCEAN.com" and not to other pages within the OCEAN.COM Site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with OCEAN.COM’s name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by OCEAN.COM, (e) the link, when activated by a user, must display the OCEAN.COM Site full-screen and not within a "frame" on the linked website, and (f) The Ocean Channel, Inc. reserves the right to revoke its consent to the link at any time in its sole discretion.

4. Trademark Information

The trademarks, logos and service marks ("Marks") displayed on this Web site are the property of OCEAN.COM or other third parties. You are not permitted to use the Marks without the prior written consent of OCEAN.COM or such third party which may own the Marks. "OCEAN.COM" is a registered trademark of The Ocean Channel, Inc. Other product and company names mentioned herein may be the trademarks of their respective owners. Nothing contained in these Web pages should be construed as granting or permitting any right to use such trademarks.

5. OCEAN.COM’s Privacy Statement

We take your privacy seriously. Please view our comprehensive privacy policy. OCEAN.com receives names, e-mail addresses and other personally identifying information only when personally submitted by users. This information is not gathered by OCEAN.COM without users' knowing, active permission and participation. The information submitted enables OCEAN.COM to respond to user inquiries and fulfill users’ orders as well as obtain a measure of users' needs, interests and ideas for future web site development. OCEAN.COM respects the privacy of users visiting OCEAN.com and does not sell any personally identifiable information to any third parties. However, OCEAN.COM may contact users that provide information for market research.

If you would like to change or delete any information that you have submitted to OCEAN.com, please contact:
The Ocean Channel, Inc.
P.O. Box 765
Carpinteria, CA 93014
USA

6. OCEAN.COM’s Privacy Policy
Information Collection and Use

OCEAN.COM is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. OCEAN.COM collects information from our users at several different points on our website.

OCEAN.COM’s policy is to respect and protect the privacy of our users. This policy statement tells you how we collect information from you and how we use it. Using the Internet should be a fun experience and we want to help you make it so.
 
OCEAN.COM will not disclose your personal information to third parties without your consent. OCEAN.COM may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) OCEAN.COM’s rights or property, other OCEAN.COM users, or anyone else that could be harmed by such activities. OCEAN.COM may disclose user information when we believe in good faith that the law requires it.

OCEAN.COM shares aggregate information about our users with advertisers, business partners, sponsors and other third parties. For example, we may say OCEAN.COM’s audience is “x” percent females and “y”” percent males. This data is used to customize OCEAN.COM content and advertising to deliver a better experience for our users.

There are cases where OCEAN.COM may ask you for personal information such as your name, email address, and birth date. For example, we request personal information when you register for a OCEAN.COM account, for online shopping or transactions, or for services that require registration or subscription. OCEAN.COM needs to collect this information for fulfilling prizes, tracking/verifying compliance with OCEAN.COM policies as well as federal, state and local laws and/or for editorial and feedback solicitation purposes.

In case you change your mind or some personal information may change (such as your zip code), we will endeavor to provide a way to correct, update or remove the personal data you give us. You can do this at the member information page or by contacting our Customer Support organization at info@ OCEAN.com.

Please keep in mind that whenever you give out personal information online can be collected and used by people you don't know. While OCEAN.COM strives to protect each user's personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk.

OCEAN.COM’s policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond OCEAN.COM’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation.

Opting-Out
Our site provides users the opportunity to opt-out of receiving communications from us and our partners at the point where we request information about the visitor.

Information provided at the time of Registration or submission from a guest who is 13 years of age or over may be used for marketing and promotional purposes by OCEAN.COM and our affiliates or companies that have been prescreened by OCEAN.COM. If a user objects to such use for any reason, he/she may stop that use -- either by e-mail request to info@ OCEAN.com or by modifying his/her member information online.

Information provided when purchasing products from any of our online stores may be used for marketing and promotional purposes and is subject to the opt-out processes described on, or linked to, each order form.

Submissions
OCEAN.COM is pleased to hear from its customers and welcomes your comments regarding OCEAN.COM products, including OCEAN.COM’s online services. Unfortunately, however, OCEAN.COM’s company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by OCEAN.COM’s professional staff might seem to others to be similar to their own creative work. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials which you believe are proprietary.

Should any viewer of a document on this web site respond to OCEAN.COM with information including feedback data, such as questions, comments, suggestions, or the like regarding the site, or the content of any item, such information shall be deemed to be non-confidential and OCEAN.COM shall have no obligation of any kind with respect to such information. In addition, OCEAN.COM shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, OCEAN.COM shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. Without limitation of the foregoing, OCEAN.COM shall exclusively own all now known or hereafter existing rights to any submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of any submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of such submissions. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by OCEAN.COM's Privacy Statement.

 In consideration of OCEAN.COM's continuing efforts to enhance and improve these products and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to OCEAN.COM without any compensation. You agree to execute any and all documents that OCEAN.COM may reasonably request in connection with confirming OCEAN.COM's ownership of and unlimited right to use such ideas, concepts, know-how and techniques.

You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to this web site will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; and (iii) disparage the products or services of any third party. You agree not to submit any personal information (other than your email address or user name) through email sent to other users or messages posted on this site by you.

E-mail
By allowing you to send email to us, we are not attempting to collect any personal information about you. We will only use any personal information (such as name, mailing address and e-mail address) contained in your email to respond to your specific inquiry or comments in the e-mail. Though we may retain your e-mail for a period of time, we will not use any personal information contained in your e-mail for any purpose other than responding to your specific inquiry or comments.

Promotions
To participate in some of our promotions, you may be asked to provide an email address or screen name, so that we can let you know if you won a prize. For other OCEAN.COM promotions, we may request your name and home address in order to send you products or information by regular mail. Remember, children under 13 years of age may not participate in any promotions offered by OCEAN.COM.

Review, update and removal of personal information
If you have registered with our site, you may at any time review and/or update the contact information we have for you or inform us that you want us to remove your information from our database by contacting us at remove@OCEAN.com. Please be sure to include in your message the name of the site at which you registered and the email address you used to register so that we can verify your request.

Forums
"Forum" means a chat area, bulletin board, or e-mail function offered as part of OCEAN.com.
You shall not upload to, distribute through, or otherwise publish through OCEAN.com any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violates any law.

The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other OCEAN.com guests to join or become members of any commercial online service or other organization is expressly prohibited.

It is our policy to respect the privacy of all guests. Therefore, in addition to the privacy of Registration data (see our Privacy Policy) we will not monitor, edit, or disclose the contents of a guest's e-mail unless required in the course of normal maintenance of OCEAN.com and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on OCEAN.COM; (2) protect and defend the rights or property of OCEAN.COM; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages.

Web Server Log Files
In order to better understand your needs and to improve our web site accordingly, we also collect certain general "clickstream" information such as the number of visits to our site, the most frequently visited pages, and how long visitors to the site stay on each page. This information is derived from web server log files. We may disclose aggregate statistics from this data collected for purposes of marketing or promotion, but such statistics will not identify you or others personally.

Electronic Newsletters
If a user wishes to subscribe to our newsletters, we ask for the user's name and email address. A pseudonym may be used in place of the real name, however an actual email address is required. The email address is stored on a secured server, and is not disclosed to third parties in any way, including list swaps, rentals or sales. From time to time our mailing lists may be hosted by third party list serving companies, who are required to adhere to our policy of non-disclosure. Each newsletter we send provides instructions for address removal from that list.

Contests, Conferences and Surveys
From time-to-time, Ocean.com requests information from users via surveys, contests and conference registration forms. Participation in these surveys, contests or conferences is completely voluntary and the user therefore has a choice of whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Conference forms are used solely to facilitate registration and provide notification about the given conference. In all cases, the personal information is only maintained for the explicit purpose of the event and will only be retained for the duration of the event, or as otherwise required by law.

7. Policies for Kids (Individuals Under 13 years of Age)

Those individuals under the age of 13, will need parental or guardian consent before they can provide any personal information to us. Kids, if you are ever unsure about anything you are seeing on this site, ask your parent or guardian for help.

Personal information will be collected and maintained in accordance with all federal, state, and local laws, including the Children’s Online Privacy Protection Act (“COPPA”).

OCEAN.COM encourages parents and guardians to spend time online with their children and to participate in the activities offered on the sites. No information should be submitted to or posted at OCEAN.COM by guests under 13 years of age without the consent of their parent or guardian.

Unless otherwise disclosed during collection, OCEAN.COM does not provide any personally identifying information, regardless of its source, to any third party for any purpose whatsoever from our guests under 13 years of age.

8. Registration for Kids (Individuals Under 13 years of Age)

We do not allow guests under 13 years of age to be listed in our Ocean.com member directory or to receive direct marketing communications from OCEAN.COM or to be sent our third-party offers.

9. Use of IP Address

An IP address is a number that's automatically assigned to your computer whenever you're surfing the Web. Web servers -- the big computers that "serve up" Web pages -- automatically identify your computer by its IP address.

OCEAN.COM collects IP addresses for the purposes of system administration, to report aggregate information to our advertisers, and to audit the use of our site. When guests request pages from OCEAN.COM sites, our servers log the guests' IP addresses. We do not normally link IP addresses to anything personally identifiable, which means that a user's session will be logged, but the user remains anonymous to us. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our house rules or terms of service or to protect our service, site, customers or others.

Some services within OCEAN.COM, such as certain message boards, may display IP addresses along with the message poster's name and message. Please review each service prior to use and only use those that disclose information you are comfortable with sharing.

10. Use of Cookies

What are cookies? Cookies are pieces of information that a Web site transfers to an individual's hard drive for record-keeping purposes and to help "personalize" your visit to the site. Cookies make Web-surfing easier for you by saving your preferences while you're at our site. We never save passwords or credit card information in cookies. The use of cookies is an industry standard -- you'll find them at most major Web sites.

By showing how and when guests use a site, cookies help us see which areas are popular and which are not. Many improvements and updates to the site are based on such data as total number of visitors and pages viewed. This information is most easily tracked with cookies. We use the information from cookies to provide services better tailored to our users needs.

OCEAN.COM has two primary uses for its cookies. We use them to specify unique preferences. For example, users can specify keywords across several categories. This way you don't have to tell us more than once about the kinds of information you want to see. We also use cookies to track user trends and patterns. This helps us better understand and improve areas of the OCEAN.COM Network service that our users find valuable. While both of these activities depend on the use of a "cookie," visitors to OCEAN.COM always have the option of disabling cookies via their browser preferences. Information from cookies is sometimes attached to messages sent to our Customer Service department.

Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. However, note that some parts of the OCEAN.COM service will not function properly or may be considerably slower if you refuse cookies. For example, without cookies, you will not be able to set personalized news preferences or you may have difficulty completing shopping transactions, entering contests, or playing games.

You may occasionally get cookies from our advertisers. OCEAN.COM does not control these cookies. The use of advertising cookies sent by third-party servers is standard in the Internet industry.

11. Links to Other Web Sites

Users should be aware that when you go to OCEAN.COM’s website, you may be able to link to other sites that are beyond our control. There are links to other sites from OCEAN.COM pages that take you outside our service. For example, if you "click" on a banner advertisement or an OCEAN.COM search result, the "click" takes you off the OCEAN.COM site. This includes links from advertisers, sponsors and partners that may use OCEAN.COM’s logo as part of a co-branding agreement. These other sites may send their own cookies to users, collect data or solicit personal information.

OCEAN.COM makes no representation whatsoever regarding the content of any other web sites which you may access from this site. When you access a non-OCEAN.COM web site, please understand that it is independent from OCEAN.COM and that OCEAN.COM has no control over the content on that web site. A link to a non-OCEAN.COM web site does not mean that OCEAN.COM endorses or accepts any responsibility for the content or use of such web site. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, OCEAN.COM cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

OCEAN.com cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from OCEAN.com since they are owned and operated by independent retailers. OCEAN.com does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

12. Security of Transmitted Information

The importance of security for all personally identifiable information associated with our guests is of utmost concern to us. We exercise great care in providing secure transmission of your information from your PC to our servers. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, OCEAN.COM can't ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems. When credit card information is transmitted we use industry standard, SSL (secure socket layer) encryption. Ultimately, you are responsible for maintaining the secrecy of any passwords and any account information.

13. Notification of Changes

If we decide to change our privacy policy, we will post those changes on this privacy page so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

14. Your Acceptance of These Terms

By using this site, you signify your assent to the OCEAN.COM Privacy Policy. If you do not agree to this policy, please do not use our sites. Your continued use of the OCEAN.COM sites following the posting of changes to these terms will mean you accept those changes.

15. Termination

This Agreement is effective unless and until terminated by either you or OCEAN.COM. You may terminate this Agreement at any time. OCEAN.COM may terminate this Agreement at any time and without notice, and accordingly deny you access to this web site, in OCEAN.COM's sole discretion for any reason, including your failure to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or OCEAN.COM, you must promptly destroy all materials downloaded or otherwise obtained from this web site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise. 

16. Notices

Notices to you may be made via email, regular mail, notices posted on the Service, or changes to this Agreement.

18. Governing Law and Jurisdiction

Unless otherwise specified, this site is presented solely for the purpose of promoting products available in the United States and its territories, possessions, and protectorates. OCEAN.COM makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This Web site (excluding linked sites) is controlled by OCEAN.COM from its offices within the state of California, United States of America. By accessing this Web site, you and OCEAN.COM agree that all matters relating to your access to, or use of, this Web site shall be governed by the statutes and laws of the state of California, without regard to the conflicts of laws principles thereof. You and OCEAN.COM also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Santa Barbara County and the United States District Court for the Central District of California with respect to such matters. OCEAN.COM makes no representation that materials on this Web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

The Ocean Channel, Inc.
P.O. Box 765
Carpinteria, CA 93014

Copyright © 2001 by The Oc
ean Channel, Inc. All rights reserved.