Terms of Use

Please read these terms of use (“agreement”) carefully before using the services offered by www.kailuakonaseo.com website and domain name, and any other features, content, or applications offered from time to time by www.kailuakonaseo.com in connection therewith (collectively, “website”) are owned and operated by www.kailuakonaseo.com this agreement sets forth the legally binding terms and conditions for your use of the website. by using the website in any manner, you agree to be bound by this agreement and www.kailuakonaseo.com privacy policy posted on the website, which is incorporated herein by this reference. you may at any time request a copy of this agreement by emailing us at: [email protected], subject: terms of use.

  1. Modifications Of This Agreement

www.kailuakonaseo.com reserves the right, in its sole discretion, to modify this agreement at any time by posting a notice on the website, or by sending you a notice via email or postal mail. you shall be responsible for reviewing and becoming familiar with any such modifications. such modifications are effective upon first posting or notification, and use of the website or any services by you following such posting or notification constitutes your acceptance of the terms and conditions of this agreement as modified. you agree to review this agreement regularly to ensure that you are updated as to any changes. this agreement, together with www.kailuakonaseo.com privacy policy, any other legal notices published by www.kailuakonaseo.com on the website, shall constitute the entire agreement between you and www.kailuakonaseo.com concerning the website.

  1. Website Access

2.1 subject to your compliance on a continuing basis with all of the terms and conditions of this agreement, www.kailuakonaseo.com hereby grants you permission to use the website only as set forth in this agreement, and provided that: (i) you will not copy or distribute any part of the website in any medium without www.kailuakonaseo.com prior written authorization; (ii) you will not alter or modify any part of the website other than as expressly authorized and then only for such express purpose; (iii) you may not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the website, the proper operation of the website, the features that prevent or restrict use or copying of any content (as the term is defined below) or enforce limitations on use of the website or the content therein, or interfere with any activity being conducted on the website; and (iv) you may not decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of the website.

2.2 in order to access some features of the website, you may have to create a membership account. you may never use another’s account, username or password without permission. when creating your account, you must provide accurate and complete information. you are solely responsible for the activity that occurs on your account, and you must keep your account password secure. you must notify www.kailuakonaseo.com immediately of any breach of security or unauthorized use of your account. you may be required to expressly accept or reject these terms of use when you register; you agree that any requirement that you do so does not in any way vitiate your assent to comply with the terms of use. Although www.kailuakonaseo.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of www.kailuakonaseo.com or others due to such unauthorized use.

2.3 you agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the website in a manner that sends more request messages to www.kailuakonaseo.com servers in a given period of time than a single human can reasonably produce in the same period by using a conventional web browser. you agree not to collect or harvest any personally identifiable information, including account names, from the website, nor to use the communication systems provided by the website for any unauthorized commercial solicitation purposes. unless expressly authorized by the applicable user, you agree not to solicit, for commercial purposes, any users of the website with respect to their “user submissions,” as that term is defined below. you agree that your user submissions both will not involve the transmission of “junk mail,” “chain letters,” “spamming,” or other unsolicited mass mailings, and will not contain restricted or password only access pages or hidden pages or images. www.kailuakonaseo.com reserves the right in its sole discretion to block access or discontinue services to offenders, and to investigate and take appropriate legal action against anyone who, in www.kailuakonaseo.com sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.

  1. Intellectual Property Rights

the content on the website, including without limitation, the text, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively “content”) and the trademarks, service marks and logos contained therein (“marks”), are owned by or licensed to www.kailuakonaseo.com, subject to copyright and other intellectual property rights under united states and foreign laws and international conventions. www.kailuakonaseo.com reserves all rights not expressly granted in and to the website and the content. for clarity, as between you and www.kailuakonaseo.com, you retain ownership of the user submissions that you create. you agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any content, including, but not limited to, image, audio, and visual content, marks, third party user submissions, or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, or (ii) in any way that violates any right of any third party. if you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. notice if you feel we are using a copyrighted image or material and want us to take it down please contact [email protected] and let us know exactly what image or material and we will remove it from our website immediately once notified.

  1. Term

this agreement shall remain in full force and effect while you use the website. you may terminate your use of the website or your membership at any time by emailing [email protected]. www.kailuakonaseo.com may terminate your access to the website or your membership at any time, for any reason, and without warning. Sections 2.3, 3, 6.2. through 6.6, and 8 through 14 shall survive termination of this agreement for any reason.

  1. Fees; Store; Screenings

5.1 certain services and features of the website are made available in exchange for fees. www.kailuakonaseo.com may charge fees for all or some of the website’s services in its sole discretion. if www.kailuakonaseo.com terminates your registration or membership because of your breach of the agreement, you will not be entitled to a refund of any unused portion of such fees, except to the extent required under applicable law.

5.2 you may purchase products and services directly from www.kailuakonaseo.com on the website. Product and service descriptions and specifications are subject to change. Product and service descriptions, prices and other information on the website may contain typographical errors or may be incorrect, incomplete or not current. www.kailuakonaseo.com periodically adds updates and corrects the information in the website store without notice.

5.3 registered members of the website may organize screenings of the motion pictures of www.kailuakonaseo.com, subject to the www.kailuakonaseo.com screening terms and conditions.

  1. User Submissions

6.1 the website also permits users to post their own content on the website (“blog comments”). you understand that whether or not such user submissions are published, www.kailuakonaseo.com does not guarantee any confidentiality with respect to any such submissions.

6.2 you shall be solely responsible for your own user submissions and the consequences of posting or publishing them. You agree that www.kailuakonaseo.com has no liability with respect to any user submissions, including, without limitation, your own submissions, and you hereby irrevocably release www.kailuakonaseo.comand its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to user submissions or any part thereof. in connection with your user submissions, you affirm, represent, and warrant that you can and will demonstrate to www.kailuakonaseo.com full satisfaction upon its request that the posting of your user submission on or through the website does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. you agree to pay all royalties, fees, and other monies owing any person or entity by reason of any content posted by you to or through the website. by submitting your user submissions to the website, you give www.kailuakonaseo.com all non-exclusive rights and licenses necessary to use and otherwise exploit such user submissions for any purpose in connection with the website and www.kailuakonaseo.com other related services. These rights are irrevocable, but you remain the owner of the user submissions that you create. You also hereby do and shall grant each user of the website a non-exclusive license to access your user submissions through the website, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such user submissions as permitted through the functionality of the website and under this agreement.

6.3 in connection with user submissions, you further agree that you will not: (i) publish falsehoods or misrepresentations; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; or (iv) impersonate another person. www.kailuakonaseo.com does not endorse any user submission or any opinion, recommendation, or advice expressed therein, and www.kailuakonaseo.com expressly disclaims any and all responsibility or liability in connection with user submissions.

6.4 www.kailuakonaseo.com reserves the right to decide whether content or a user submission is inappropriate, or violates this agreement, including without limitation, due to violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. www.kailuakonaseo.com also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and user submissions) by you, or to restrict, suspend or terminate your access to all or any part of the website at any time, for any reason, without prior notice. Notwithstanding the foregoing, www.kailuakonaseo.com assumes no responsibility for monitoring the website, content, or user submissions for inappropriate conduct, or modifying or removing such conduct, content or user submissions from the website.

6.5 it is www.kailuakonaseo.com policy to (1) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied, displayed or distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue services to repeat offenders.

6.6 www.kailuakonaseo.com reserves the right to discontinue any aspect of the website at any time.

 

  1. Emails

Website members can invite friends to join the service by sending invitation emails via the website’s automated invitation system. The email addresses that members provide will be stored so that the respondents may be added to the friend’s list of the member sending the invitations, and also to send reminders of the invitations. www.kailuakonaseo.com does not sell these email addresses or use them to send any other communication besides invitations and invitation reminders. Recipients of invitations from the website may contact www.kailuakonaseo.com to request the removal of their information from www.kailuakonaseo.com database.

  1. Third-Party Websites

The website may contain links to third party websites that are not owned or controlled by www.kailuakonaseo.com and when you access third-party websites, you do so at your own risk. www.kailuakonaseo.com encourages you to be aware when you leave the website and to read the terms and conditions and privacy policy of each third party website that you visit. www.kailuakonaseo.com has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third-party websites. In addition, www.kailuakonaseo.com will not and cannot monitor, verify, censor or edit the content of any third-party website. By using the website, you expressly relieve www.kailuakonaseo.com from any and all liability arising from your use of any third party website.

9. Warranty Disclaimer

to the fullest extent permitted by law, www.kailuakonaseo.com, its suppliers and licensors, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof, including warranties of merchantability, fitness for a particular purpose and non-infringement. in addition, neither www.kailuakonaseo.com nor its suppliers nor licensors, nor any of their respective officers, directors, employees, and agents, makes any warranties or representations about the accuracy or completeness of the website’s content or the content of any sites linked to the website, and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website; (iii) any unauthorized access to or use of the secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the website; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the website by any third party; and/ or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website. www.kailuakonaseo.com does not necessarily warrant, endorse, guarantee, or assume responsibility for any content, product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any advertising, and the www.kailuakonaseo.com will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of content, products or services. The website is controlled and offered by the www.kailuakonaseo.com from its facilities in the United States of America. www.kailuakonaseo.com makes no representations that the website is appropriate or available for use in other locations. Those who access or use the website from other jurisdictions are responsible for compliance with local law.

10. Indemnity

you agree to defend, indemnify and hold harmless www.kailuakonaseo.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to, attorneys’ fees) arising from: (i) your use of and access to The website or any content that you post thereon; (ii) your violation of any term of this agreement or of your representations and warranties set forth herein; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.

11.Eligibility

by using the website, you represent and warrant that (i) all registration information you submit is accurate and truthful; (ii) you will maintain the accuracy of such information; (iii) you are 13 years of age or older (if you are agreeing to these terms and conditions on behalf of a minor, you certify to www.kailuakonaseo.com that you are such minor’s legal guardian); and (iv) your use of the website does not violate any applicable law or regulation. Your membership may be terminated without warning if www.kailuakonaseo.com believes that you are under 13 years of age or that your legal guardian did not authorize your website membership.

12. limitation of liability

in no event shall www.kailuakonaseo.com, its suppliers, or their respective officers, directors, employees, or agents, be liable to you or any third party for any indirect, incidental, special, punitive, or consequential damages whatsoever, including lost profits, whether based on warranty, contract, tort, or any other legal theory, and whether or not www.kailuakonaseo.com is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Subject to the foregoing, www.kailuakonaseo.com liability to you for any reason will be limited to the amount paid, if any, by you to www.kailuakonaseo.com for services in connection with the website.

You specifically acknowledge that www.kailuakonaseo.com shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests solely and entirely with you.

13. Assignment

You may not transfer or assign this agreement or any rights and licenses granted hereunder without www.kailuakonaseo.com prior written consent. www.kailuakonaseo.com may freely transfer, assign, or delegate this agreement and any of its rights or obligations hereunder.

14. Miscellaneous

if there is any dispute about or involving the website, you agree that the dispute shall be governed by the laws of the state of Hawaii, without regard to conflict of law’s provisions thereof. any dispute arising from or relating to the subject matter of this agreement shall be finally settled by arbitration in Kailua Kona Hawaii, using the English language, by one commercial arbitrator(s) with substantial experience in resolving intellectual property and commercial contract disputes. the arbitrator shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrator may determine. the prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator. For all purposes of this agreement, the parties consent to exclusive jurisdiction and venue in the United States federal courts located in Honolulu Hawaii. If any provision of this agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of this agreement, which shall remain in full force and effect. no waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term, and www.kailuakonaseo.com failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision. you and www.kailuakonaseo.com agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

15. Age Restrictions

No children under 18 years old are allowed on this website. If you are under the age of 18, you are forbidden to use this website in anyway. www.kailuakonaseo.com will not be held liable in any way should an individual under age of 18 visit this website and use, share or implement any information originating from this website.

16. Disclaimer

The information, content and documents from or through the site are provided “as-is,” “as available,” with “all faults,” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information or service, except as provided in section 17(b). in particular, but not as a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you. This site and the products, services, documents and information presented would not be provided without such limitations. no advice or information, whether oral or written, obtained by you from us through the site or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement.

all responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.

17. Limitation of Liability
(a) we and any affiliated party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the site or any services or products obtainable therefrom, (b) the unavailability or interruption of the site or any features thereof, (c) your use of the site, (d) the content contained on the site, or (e) any delay or failure in performance beyond the control of a covered party. (b) the aggregate liability of us and the affiliated parties in connection with any claim arising out of or relating to the site and/or the products, information, documents and services provided herein or hereby shall not exceed $100 and that amount shall be in lieu of all other remedies which you may have against us and any affiliated party.