Terms Of Service Welcome to the Hawaii Island Pride Project
website. Hawaii Island Pride Project (HIPP) maintains this website as a service to you, our visitor. If you use this site,
you agree to comply with and be bound by the following Terms of Service. Please review the following terms carefully. - Acceptance of Agreement. You agree to the terms and conditions outlined in
this Terms of Use Agreement (“Agreement”). This Agreement constitutes the entire and only agreement between HIPP
(Site Owners, respectively known as SO) and you and supercedes all prior agreements, warranties and understandings with respect
to this Site, the content, products or services provided by or through this Site and the subject matter with this Agreement.
SO may amend this Agreement at any time, from time to time, without specific notice to you. The latest Agreement will be posted
on the Site, and you should review this Agreement prior to using this Site.
- Copyright. The content, organization, graphics, design, and other matters related to this Site are
protected under applicable copyrights, trademarks and other proprietary (including, but not limited to intellectual property)
rights. The copying, distribution, use or publication by you of any part of the Site, except as allowed by section 4 below,
is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the
Site. The posting of information or materials on this Site does not constitute a waiver of any rights and such information
and materials.
- Trademark. The trademarks
and logos (the "Trademarks") displayed on this site are registered and unregistered trademarks of SO. Nothing on
this site should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed
on this Site, without the prior written permission of SO. We aggressively enforce our intellectual property rights to the
fullest extent of the law. The SO name, logo, or other formatives may not be used in any way, including in advertising or
publicity pertaining to distribution of materials on this site, without prior, written permission. SO also prohibits use of
its logo as part of a link to or from any other site unless establishment of such a link is approved in advance in writing.
Fair use of our trademarks requires proper acknowledgment. Other product and company names mentioned in this site may be the
trademarks of their respective owners and subject to any and all remedies accorded to them.
- Limited Right to Use. The viewing, printing or downloading of any content,
graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own
personal use and not for republication, distribution, assignment, sublicense, sale, or other use. No part of any content,
form or document may be reproduced in any form or incorporated into any information retrieval system other than for your personal
use (but not for resale or redistribution).
- Harmful
Content. Users shall not use the SO network and/or services to transmit, distribute or store material that may be
harmful to or interfere with the network and services or any third party's networks, systems, services, or Web sites.
Such prohibited harmful content includes, but is not limited to, viruses or worms.
- Indemnification. You agree to indemnify, defend and hold SO and our partners, instructors, staff
and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including
reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
- Nontransferable. Your right to use the Site is not transferable. Any password
or right given to you to obtain information or documents is not transferable.
- Disclaimer and Limits For the Purposes of This Agreement. The information from or through the site
is provided “as-is”, “as available”, 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. SO has no liability whatsoever for your
use of any information or service. In particular, but not as a limitation thereof, SO is not liable for any indirect, special,
incidental or consequential damages (including damages for loss of business or 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. No advice or information, whether oral or written, obtained by you from SO through this site
shall create any warranty, representation or guarantee not expressly states in this agreement. In the conduct of its business
on a global level, SO shall not be responsible for any breach, failure, or performance or delay caused by a Force Majeure
event. All responsibility or liability for any damages caused by viruses or other contained within the electronic file containing
the form or document is disclaimed. SO will not be liability to you for any incidental, special or consequential damages of
any kind that may result from use of or inability to use our site.
- Use of Information. SO reserves the right, and you authorize us to the use and assignment of all
information regarding Site uses by you and all information provided by you in any manner consistent with our privacy policy.
Product & Service Liability: YOU
are 100% responsible for what you do (or don't do) along with the results (if any) related to the use of any product,
service or event (collectively referred to as "Service" or "Service's"). If you don’t agree with these terms or conditions, STOP! Do not use this Site knowing you do
not agree with these terms and conditions. Publishers and all guest experts within
SO Service do not replace legal, medical, financial professional services or counsel. Service provides expert advise and exercises
for personal and professional development only. You may find Service's a valuable supplement to any of the work you do
now with a licensed, credible, physical, mental practitioner or spiritual leader. However, our Service is not a substitute
in any form or fashion to the skills and talents of your local licensed, accredited professional. If you find yourself in need of assistance, act on it in a timely manner based on your level of need. SO has
endeavored to make this site as accurate as possible. SO information is provided "as-is." SO assumes no liability
nor responsibility to any person or entity with respect to any loss or damage related directly or indirectly to the information
contained our Service's and related outcomes (if any). No warranties of any
kind, express or implied, are made. SO will provide no remedy for indirect, consequential, punitive or incidental damages
arising from Service's use including such damages from negligence, strict liability, or breach of warranty or contract,
even after notice of the possibility of such damages. - Privacy
Policy. SO’s privacy policy, as it may change from time to time, is a part of this Agreement.
- Payments. You represent and warrant that if you are purchasing something from
SO that
- any credit information you supply is true and complete,
- charges incurred by you will be honored by your credit card company, and
- you will pay the charges incurred by you at the posted prices, including any applicable taxes.
- Securities Laws. This Site may include statements concerning SO’s operations,
prospects, strategies, future economic performance and demand for our products or services, as well as our intentions, plans
and objections that are forward-looking statements. These statements are based upon a number of assumptions and estimates,
which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,”
“expects,” “believes,” “estimates,” “seeks,” “plans,” “intends”
and similar expressions are intended to identify forward-looking statements designed to fall within securities law, safe harbors
for forward-looking statements. The Site and information contained herein does not constitute an offer or a solicitation of
an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to
be, incorporated into any of our securities-related filings or documents.
- Links to Other Web Sites. This site contains links to other websites. SO is not responsible for
the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked
for accuracy or completeness by SO. Inclusion of any linked website on our site does not imply approval or endorsement of
the linked Web site by us. If you decide to leave our site and access these third-party sites, you do so at your own risk.
- Your obligations as a Member
In consideration
of your use of the site, you agree to: - provide true, accurate, current
and complete information about yourself as prompted by the Service's registration form (such information being the "Registration
Data") and
- maintain and promptly update the Registration Data to
keep it true, accurate, current and complete.
If you provide any
information that is untrue, inaccurate, not current or incomplete, or SO has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, SO has the right to suspend or terminate your account and refuse any and
all current or future use of the Service (or any portion thereof). In agreeing to meet with another SO member, Members agree
to free SO from any liability and take sole responsibility for any actions that might occur during that meeting. Members agree
not to initiate any claim against SO resulting from any volunteer activities. - Member Conduct. You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such Content originated. This means that you, and not SO, are entirely responsible
for all Content that you upload, post, email, transmit or otherwise make available via the Service. SO has limited control
of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under
no circumstances will SO be liable in any way for any Content, including, but not limited to, for 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 Service. You agree that you will not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful,
threatening, abusive, harassing, torturous, pornographic, defamatory, vulgar, obscene, libelous, homophobic, invasive of others
privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm
other members in any way;
- impersonate any person or entity, including,
but not limited to, a SO staff member or forum moderator, or falsely state or otherwise misrepresent your affiliation with
a person or entity;
- forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted through the Service;
- upload,
post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law
or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form
of solicitation;
- upload, post, email, transmit or otherwise make available
any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- "stalk" or otherwise harass another; or
- collect
or store personal data about other users.
- You acknowledge that SO
may not prescreen content, but that SO and its designees shall have the right (but not the obligation) in their sole discretion
to refuse or move any Content that is available via the Service. Without limiting the foregoing, SO and its designees shall
have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you
must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by SO or submitted
to SO. You acknowledge and agree that SO may preserve Content and may also disclose Content if required to do so by law or
in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply
with legal process;
- enforce these terms of service;
- respond to claims that any Content violates the rights of third-parties; or
- protect the rights, property, or personal safety of SO, our members and the public.
- International Use. Recognizing the global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States or the country in which you reside.
- Materials submitted or made available for inclusion on the service. SO does
not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content
you submit or make available for inclusion on publicly accessible areas of the Service, you grant SO the following worldwide,
royalty free and non-exclusive license, as applicable. With respect to Content (including photos, graphics, audio or video)
you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully
sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display
such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later
developed.
I acknowledge that I’ve read, understood and agree
to all the terms and conditions noted above. I further understand these terms and conditions are subject to change at any
time. I may access a current set of “Terms and Conditions” anytime at: http://www.hawaiiislandprideproject.com/ |