Terms of Use
Date of Last Revision: November 22, 2008
Welcome to Maoliworld, a social utility that connects you with the people around you and information essential to the Native Hawaiian community. The Maoliworld service and network (collectively, "Maoliworld" or "the Service") are operated by Polymedia Unlimited, LLC, Ikaika Hussey, and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.maoliworld.com or any affiliated or subsidiary websites (together the "Site"), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Maoliworld. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
User Conduct
You understand that
except for advertising programs offered by us on the Site, the
Service and the Site are available for your personal,
non-commercial use only. You represent, warrant and agree that no
materials of any kind submitted through your account or otherwise
posted, transmitted, or shared by you on or through the Service
will violate or infringe upon the rights of any third party,
including copyright, trademark, privacy, publicity or other
personal or proprietary rights; or contain libelous, defamatory or
otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
- harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Service or the Site;
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share 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;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by our Maoliworld Principles that provides further information regarding the authorized conduct of users on Maoliworld.
User Content Posted on the Site
You are solely
responsible for the photos, profiles (including your name, image,
and likeness), messages, notes, text, information, music, video,
advertisements, listings, and other content that you upload,
publish or display (hereinafter, "post") on or through the Service
or the Site, or transmit to or share with other users (collectively
the "User Content"). You may not post, transmit, or share User
Content on the Site or Service that you did not create or that you
do not have permission to post. You understand and agree that the
Company may, but is not obligated to, review the Site and may
delete or remove (without notice) any Site Content or User Content
in its sole discretion, for any reason or no reason, including User
Content that in the sole judgment of the Company violates this
Agreement or the Maoliworld Principles, or which might
be offensive, illegal, or that might violate the rights, harm, or
threaten the safety of users or others. You are solely responsible
at your sole cost and expense for creating backup copies and
replacing any User Content you post or store on the Site or provide
to the Company.
When you post User Content to the Site, you authorize and direct us
to make such copies thereof as we deem necessary in order to
facilitate the posting and storage of the User Content on the Site.
By posting User Content to any part of the Site, you automatically
grant, and you represent and warrant that you have the right to
grant, to the Company an irrevocable, perpetual, non-exclusive,
transferable, fully paid, worldwide license (with the right to
sublicense) to use, copy, publicly perform, publicly display,
reformat, translate, excerpt (in whole or in part) and distribute
such User Content for any purpose, commercial, advertising, or
otherwise, on or in connection with the Site or the promotion
thereof, to prepare derivative works of, or incorporate into other
works, such User Content, and to grant and authorize sublicenses of
the foregoing. You may remove your User Content from the Site at
any time. If you choose to remove your User Content, the license
granted above will automatically expire, however you acknowledge
that the Company may retain archived copies of your User Content.
Maoliworld does not assert any ownership over your User Content;
rather, as between us and you, subject to the rights granted to us
in these Terms, you retain full ownership of all of your User
Content and any intellectual property rights or other proprietary
rights associated with your User Content.
Disclaimers
The Company is not
responsible or liable in any manner for any User Content or Third
Party Applications, Software or Content posted on the Site or in
connection with the Service, whether posted or caused by users of
the Site, by Maoliworld, by third parties or by any of the
equipment or programming associated with or utilized in the Site or
the Service. Although we provide rules for user conduct and
postings, we do not control and are not responsible for what users
post, transmit or share on the Site and are not responsible for any
offensive, inappropriate, obscene, unlawful or otherwise
objectionable content you may encounter on the Site or in
connection with any User Content or Third Party Applications,
Software or Content. The Company is not responsible for the
conduct, whether online or offline, of any user of the Site or
Service.
The Site and the Service may be temporarily unavailable from time
to time for maintenance or other reasons. Company assumes no
responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or
alteration of, User communications. The Company is not responsible
for any technical malfunction or other problems of any telephone
network or service, computer systems, servers or providers,
computer or mobile phone equipment, software, failure of email or
players on account of technical problems or traffic congestion on
the Internet or at any Site or combination thereof, including
injury or damage to User's or to any other person's computer,
mobile phone, or other hardware or software, related to or
resulting from using or downloading materials in connection with
the Web and/or in connection with the Service, including any Mobile
Client software. Under no circumstances will the Company be
responsible for any loss or damage, including any loss or damage to
any User Content or personal injury or death, resulting from
anyone's use of the Site or the Service, any User Content or Third
Party Applications, Software or Content posted on or through the
Site or the Service or transmitted to Users, or any interactions
between users of the Site, whether online or offline.
THE SITE, THE SERVICE, ANY PLATFORM APPLICATIONS AND THE SITE
CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT
GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE
SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY
DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS
ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR
SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE
CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR
MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND
DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND
AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL,
DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE
SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF
AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF
DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content,
software and other items used or contained in the Site and any
Services and Platform Applications offered through the Site at any
time without notice. Reference to any products, services, processes
or other information, by trade name, trademark, manufacturer,
supplier or otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof, or any affiliation
therewith, by Company.
Limitation on Liability
IN NO EVENT WILL
COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST
PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE
SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR
OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE,
EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER,
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE
SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE
COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO
FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO
INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND
SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY,
REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
Termination
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13, or under 18 and not in high school or college. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of Hawaii, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates.
Arbitration
YOU AND COMPANY AGREE
THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC
SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE
SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL
DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE
TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO
OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING
ARBITRATION, except to the extent that either of us has in any
manner infringed upon or violated or threatened to infringe upon or
violate the other party's patent, copyright, trademark or trade
secret rights, or you have otherwise violated any of the user
conduct rules set forth above or in the Code of Conduct then the
parties acknowledge that arbitration is not an adequate remedy at
law and that injunctive or other appropriate relief may be
sought.
Arbitration under this Agreement shall be conducted by the American
Arbitration Association (the "AAA") under its Commercial
Arbitration Rules and, in the case of consumer disputes, the AAA's
Supplementary Procedures for Consumer Related Disputes ( the "AAA
Consumer Rules") (collectively the "AAA Rules"). The location of
the arbitration and the allocation of costs and fees for such
arbitration shall be determined in accordance with such AAA Rules
and shall be subject to the limitations provided for in the AAA
Consumer Rules (for consumer disputes). If such costs are
determined to be excessive in a consumer dispute, the Company will
be responsible for paying all arbitration fees and arbitrator
compensation in excess of what is deemed reasonable. The
arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION
OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER
ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING
ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS
ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any
claim, action or proceeding by you related in any way to the Site
and/or the Service (including your visit to or use of the Site
and/or the Service) be instituted more than three (3) years after
the cause of action arose.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
Other
These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Comments