Terms and Conditions of Service
1. Acceptance of the Terms and Conditions of Service
Aloha and Welcome to Kamuela.com! (a.k.a. “we” or “us” or the “Company”). We are excited to have you as a user and member of this community.
The following terms and conditions (collectively, these “Terms of Service”) apply to your use of www.kamuela.com, including any content, functionality and services offered on or via kamuela.com (the “Website”). We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using kamuela.com, because by using the Website you accept and agree to be bound and abide by these Terms of Service. Should you disagree with some of the provisions herein, you can either leave the Website (hopefully not!), or contact us at admin@kamuela.com. Kamuela.com is all about community, and are happy to hear any comments and suggestions.
2. Changes to the Terms of Service and the Website
Kamuela.com is a work in progress, meaning the site will continue to grow and change. We reserve the right to update the Website and these Terms and Conditions of Service from time to time, at our discretion and without notice. This document is public on kamuela.com. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.
3. Security and Privacy
We are working hard to keep improving kamuela.com, but we can’t guarantee that the Website will be up and running 24/7 (pretty close though!). We also reserve the right to restrict access to some of the features to users. In any case, we will not be liable, if for any reason, all or any part of the Website is unavailable for a short period of time, nor for any data loss (see also section 7 below).
To access certain features of the Website you have to register by entering your email and choosing a username and password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party and only using the Website in person. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend to choose a strong password (e.g., one that includes both letters (capital and lowercase) and numbers and at least one symbol) and you log out from your account at the end of every session.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. As custom for Internet websites, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms and Conditions of Service. We also do not guarantee that the Website or any content provided on the Website is error free.
4. Intellectual Property Rights and Use Guidelines.
The Website and its entire content, features, functionality and design are owned by kamuela.com and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. So you agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by kamuela.com itself.
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website. For the purposes of these Terms of Service, “Content” also includes all User Content.
All Content added, created, uploaded, submitted, distributed, or posted to the Website by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.
Any feedback, reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Site that you may choose to provide us (“Feedback”) shall be solely owned by us (including all intellectual property rights therein and thereto). You hereby assign and agree to assign all right, title and interest in and to the Feedback to us.
The Website may contain Content specifically provided by us or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.
By submitting public User Content through the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual use of user content on the Website. You also hereby do and shall grant each user of the Website a non-exclusive, perpetual license to access your User Content on the Website. We reserve the right to remove, edit or modify any Content in our sole discretion if we are concerned that you may have violated these Terms and Conditions of Service.
You are permitted to use the Website for your personal or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms and Conditions of Service. Prohibited uses include violation of laws and regulations, hacking the Website in any manner, or violating the Content Standards set below. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Website not expressly permitted by these Terms and Conditions of Service is a breach of these Terms of Service and can lead to account termination.
5. User Contributions and Content Standards.
The Website contains user generated content, and also may contain (in the future) message boards, personal web pages, forums or other interactive features that allow you to upload, post, submit and/or publish other User Content on the Website. All User Content must be lawful, no spam, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:
⦁ Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
⦁ Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
⦁ Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
⦁ Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions of Service.
⦁ Not be likely to deceive any person.
⦁ Not promote any illegal activity, or advocate, promote or assist any unlawful act.
⦁ Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person, within reason.
⦁ Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
⦁ Not give the impression that they emanate from us or any other person or entity, if this is not the case.
As stated above, all User Content is in the public domain, unless otherwise specified by the author. We claim no intellectual property rights over the User Content. Your content remains yours. In section 4 above, we grant you a license to use the non-user generated content of the Website, covered by copyright (e.g. blog posts, website copy, illustrations, logos, etc.), so long as you maintain attribution to kamuela.com.
6. Law and Copyright Infringement
We do not undertake full review of all user material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any content provided by any user. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
If you believe that any User Content violate your copyright, please provide us a written takedown notice including the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity.
4. Information reasonably sufficient for us to contact you, such as email, address, telephone number.
5. A statement that you a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notice should be addressed to admin@kamuela.com.
7. Disclaimer of Warranties, Limitations of Liability and Indemnification.
Your use of the Website is at your sole risk. The service is provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation(s). You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.
Additionally, we cannot be held responsible for mistakes related to the advertisement of information. The vast majority of the data displayed on this Website is user submitted. We will try to do our best to make sure all of the information is accurate, and welcome anyone to point out the mistakes, which we will fix if appropriate.
Any transaction entered into after clicking a link from the Website is strictly between you and the third party site. We are not party to any transaction once you leave the Website, and cannot be held liable for any issue that arises outside of the kamuela.com site.
8. Governing Law and Jurisdiction
These Terms and Conditions of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of Hawaii without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Hawaii.
9. Waiver
Our failure to exercise or enforce any right or provision of the Terms and Conditions of Service shall not constitute a waiver of such right or provision. The Terms and Conditions of Service constitutes the entire agreement between you and kamuela.com and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms and Conditions of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
10. Feedback
We welcome any comment, question and communication at admin@kamuela.com
