Terms and Conditions

1. ACCEPTANCE OF TERMS

By accessing or using www.Sandee.com (the "Website"), its subdomains, mobile applications, content, data, or services (collectively, the "Products"), you agree to be bound by these Terms and Conditions ("Terms"). These Terms are a legally binding agreement between you and Sandee, LLC ("Sandee," "we," "our," or "us").

These Terms incorporate our Privacy Policy and any supplemental terms or guidelines posted to the Products. Your continued use of the Products after any modifications to these Terms constitutes acceptance of those changes.

If you do not agree to these Terms, you must not use the Products.

2. INTELLECTUAL PROPERTY & LICENSE TO USE

a. Proprietary Rights

All Sandee Content, including but not limited to beach descriptions, classifications, tags, curated metadata, lists, photographs, maps, code, and architecture, is owned by or licensed to Sandee and protected by U.S. and international laws. This includes proprietary datasets and structured schema developed through years of manual labor and research. Any copying, scraping, or republishing of this Content without permission is strictly prohibited.

b. Copyrighted Photographs

All photographs published on the Website are original, copyrighted works owned by or licensed to Sandee. These images are watermarked or otherwise digitally marked for copyright enforcement.

You may not use, copy, download, screenshot, modify, display, or republish any photograph for any reason without express prior written permission from Sandee. Unauthorized use may result in:

• Statutory damages up to $150,000 per infringement under 17 U.S.C. § 504;
• Actual damages and lost profits;
• Permanent injunctions and destruction orders;
• Criminal penalties in cases of willful infringement.

c. License for Limited Personal Use

Sandee grants a limited, revocable, non-exclusive, non-transferable license to access the Products for personal, non-commercial use. You may not reproduce, distribute, or create derivative works of any portion of the Products.

d. Commercial Use

Use of any Sandee Content for commercial, academic, governmental, or institutional purposes requires a separate written license agreement. Please contact support@sandee.com to inquire.

e. Restrictions

You may not:

• Reverse engineer, decompile, or disassemble the Products;
• Circumvent encryption, security protocols, or metadata;
• Sell, license, sublicense, lease, or make the Products available to third parties;
• Remove or alter any copyright or proprietary notice;
• Use the Products for training or feeding algorithms, AI models, or analytics engines without express written permission.

3. PROHIBITED USE BY AI COMPANIES

Artificial intelligence companies and large language model (LLM) operators are expressly prohibited from accessing, indexing, ingesting, training on, referencing, embedding, caching, or otherwise using Sandee's proprietary datasets, metadata, tags, schema, or photographs.

Prohibited uses include but are not limited to:

• Use of bots or automated agents to extract data;
• Storage of Sandee Content in vector databases or RAG workflows;
• Generation of embeddings from beach metadata;
• Incorporation into proprietary models or datasets without license.

Violations will result in:

• Permanent IP bans and server-level blocking;
• Cease-and-desist notices;
• Statutory damages under U.S. copyright law (up to $150,000 per work);
• Equitable relief including seizure and model takedown;
• Litigation for trade secret misappropriation.

Sandee actively monitors automated access patterns and logs suspicious data behavior.

4. MEMBER ACCOUNTS

a. Registration

To access certain features, you must create a Member Account. You agree to:

• Provide accurate, complete, and updated registration information;
• Maintain the security of your credentials;
• Notify Sandee immediately of any unauthorized use.

You are fully responsible for all activities that occur under your Member Account.

b. Third-Party Authentication

You may register via Facebook, Google, or Apple. By doing so, you authorize Sandee to access your profile information under those platforms' terms of service.

Sandee disclaims liability for third-party account access, data loss, or unauthorized use.

c. Termination

Sandee may terminate or suspend your access, with or without notice, if:

• You breach these Terms;
• You violate any law or regulation;
• Sandee discontinues part of the Products;
• Required by law or court order.

5. USER MATERIAL AND SUBMISSIONS

a. Ownership

You retain ownership of User Material you submit to the Products. However, by submitting it, you grant Sandee a perpetual, worldwide, non-exclusive, royalty-free license to use, modify, publicly display, promote, sublicense, and commercialize such content in any media now known or later developed.

b. Responsibility

You are solely responsible for your User Material and its compliance with laws and these Terms.

You agree not to post:

• Content you do not own or have rights to use;
• Content that is obscene, defamatory, harassing, or invasive;
• Private or identifying information of others without consent;
• Spam, viruses, or malware.

c. Moderation

Sandee may review, remove, or disable access to any User Material at any time, for any or no reason, without notice or liability.

6. THIRD-PARTY SERVICES

The Products may integrate with third-party services. You understand and agree that:

• Sandee does not control third-party content;
• Your use of such services is at your own risk;
• Sandee disclaims any liability arising from third-party data or functionality.

7. AVAILABILITY AND MOBILE SERVICES

a. Mobile Access

The Products may include services via mobile devices, including:

• Browsing content;
• Uploading photos;
• Receiving push notifications.

Standard messaging and data rates may apply.

b. Service Interruptions

Access may be temporarily unavailable due to maintenance, updates, system failures, or force majeure events. Sandee will not be liable for downtime or service interruptions.

8. LEGAL DISCLAIMERS

a. No Warranty

The Products are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied.

Sandee disclaims:

• Fitness for a particular purpose;
• Non-infringement;
• Accuracy, completeness, or timeliness of information;
• Suitability of beach descriptions, conditions, or accessibility data.

b. Risk Assumption

Beach activity inherently involves risk. You assume full responsibility for your use of any Sandee Content or recommendations.

9. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, SANDEE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING:

• Lost revenue or profits;
• Data loss or corruption;
• Business interruption.

Total cumulative liability will not exceed $100.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Sandee, its affiliates, officers, directors, employees, contractors, and licensors from any claims, demands, damages, liabilities, or expenses (including attorneys' fees) arising out of:

• Your use of the Products;
• Any User Material you submit;
• Your breach of these Terms.

11. DMCA NOTICE

If you believe any content infringes your copyright, please send a notice including the following to support@sandee.com:

• Your signature;
• A description of the copyrighted work;
• The location of the infringing material;
• Your contact information;
• A statement of good faith belief;
• A statement under penalty of perjury that your claim is accurate.

Sandee complies with the DMCA and may disable access to infringing material.

12. ARBITRATION AGREEMENT

a. Binding Arbitration

All disputes shall be resolved by binding arbitration under AAA Consumer Rules. You waive any right to a jury trial or to participate in a class action.

b. Opt-Out

You may opt out of arbitration by emailing support@sandee.com within 30 days of your first use of the Products.

c. Exceptions

You or Sandee may seek equitable relief or protection of intellectual property in court without arbitration.

13. GOVERNING LAW AND JURISDICTION

These Terms are governed by California law. Any dispute not resolved through arbitration shall be brought in a court of competent jurisdiction in Los Angeles County, California.

14. GENERAL TERMS

• Entire Agreement: These Terms constitute the full agreement between you and Sandee.
• Severability: If any provision is invalid, the remainder will remain in force.
• No Waiver: Failure to enforce any right is not a waiver.
• Assignment: You may not transfer your rights; Sandee may assign these Terms without restriction.
• Force Majeure: Sandee is not liable for delays beyond its control.
• Notices: Send notices to support@sandee.com. We may notify you via email or by posting to the Website.