These Terms of Service ("Terms") govern your access to and use of BUYHAWAII® Community's website, products, apps, and services ("Products"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and our Privacy Policy.
1. Using BUYHAWAII® Community
a. Who can use this BUYHAWAII® Community
You may use our Products only if you can form a binding contract with BUYHAWAII® Community and only comply with these Terms and applicable laws. When you create your BUYHAWAII® Community account, you must provide us with accurate and complete information. Any use or access to anyone under the age of 13 is prohibited. Some of our Products may be software downloaded to your computer, phone, tablet, or device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
b. Our license to you
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our BUYHAWAII® Community Products.
2. Acceptable Use
BUYHAWAII® Community is a place to find things you love and get inspired. To make sure people feel safe and comfortable here, we require everyone to agree to and follow these rules.
If there's a question about whether some content is appropriate for our community, we will err on taking it down. However, inappropriate and objectionable content will not tolerate, as this is family-oriented.
DO NOT POST THINGS THAT ARE NOT ALLOWED HERE:
Guidelines:
- Is sexually explicit or pornographic, exploits or sexually presents minors, or promotes adult sexual services.
- Creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes, encourages, or celebrates harm.
- Promotes self-harm, eating disorders, or drug abuse.
- Attacks, bullies, or harassment.
- No hate speech.
- Gratuitously, violent or gory.
- Infringes' anyone has intellectual property, privacy, or other rights.
- Fraudulent or deceptive.
- Using someone else personal information, impersonating, or requests for a minor's personal information.
- Contains any information or content that's illegal or inappropriate for children aged 13 or older.
3. Your Content
a. Posting content
BUYHAWAII® Community allows you to post content, including photos, videos, events, pages, blogs, comments, links, and other materials. Anything you post or otherwise make available on our Products is called "User Content." You retain all rights and are solely responsible for the User Content you post to BUYHAWAII® Community.
More simply put:
If you post your content on BUYHAWAII® Community, it still belongs to you, but we can show it to others and share it.
b. How BUYHAWAII® Community and other users can use your content
You grant BUYHAWAII®, and its users a fair non-exclusive, royalty-free, transferable, sublicensable, worldwide license.
You give BUYHAWAII® and its users the rights to use, store, display, reproduce, share, modify, create derivative works, and perform your User Content on BUYHAWAII® solely for operating, developing, providing, and using the BUYHAWAII® products. Nothing in these Terms shall restrict other legal rights BUYHAWAII® may have under additional licenses. We reserve the right to remove or modify User Content for any reason governed by its members, including User Content that we believe violates these Terms or our policies.
More simply put:
Copies of content shared with others may remain even after you delete the content from your account if others repost it.
c. How long do we keep your content
Following the termination or deactivation of your account, or if you remove any User Content from BUYHAWAII®, we may retain your User Content for a commercially reasonable period for backup, archival, or audit purposes. Furthermore, BUYHAWAII® and its users may control and continue using, storing, displaying, reproducing, sharing, modifying, creating derivative works, performing, and distributing any of your User Content that other users have stored or transferred through BUYHAWAII®.
d. Feedback you provide
We value hearing from our Users and are always interested in learning how we can make BUYHAWAII® Community more impressive. Therefore, if you choose to submit comments, ideas, or feedback, you agree that we are free to use them without any restriction or compensation to you. However, by accepting your submission, BUYHAWAII® does not waive any rights to use similar or related feedback previously known to BUYHAWAII®, developed by its employees, or obtained from sources other than you.
Please don't post disinformation, spam members, upload nudity, or have no "aloha" with other members or products. Oh, and we could use your suggestions to improve the BUYHAWAII Community.
4. Copyright Policy
BUYHAWAII® has adopted and implemented a Copyright Policy agreeing with the Digital Millennium Copyright Act. Simply put, we respect copyrights and registered trademarks. So make sure you have permission to use them.
5. Security
We care about the safety of our Users. While we work to protect the security of your content and account, BUYHAWAII® cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
6. Third-Party Links, Sites, and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities not owned or controlled by BUYHAWAII®. We do not endorse or assume responsibility for third-party sites, links, information, materials, products, or services. Suppose you access any third-party website, service, or content from BUYHAWAII®. In that case, you do so at your risk and agree that BUYHAWAII® Community will have no liability arising from your use of or access to any third-party website, service, or content.
7. Termination
BUYHAWAII® Community may terminate or suspend this license with or without cause or notice to you. Upon termination, you continue to bind to Sections 3 and 7-11 of these Terms.
8. Indemnity
You agree to indemnify and hold harmless BUYHAWAII® Community and its officers, directors, employees, and agents from and against any claims, lawsuits, proceedings, disputes, demands, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable legal and accounting fees (including charges of defense of claims, suits or proceedings brought by third parties), in any way related to:
* Your access to or use of our Products.
* Your User Content.
* Your breach of any of these Terms.
9. Disclaimers
The Products and all included content are provided on an "as is" basis without warranty, whether express or implied.
BUYHAWAII® COMMUNITY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE.
BUYHAWAII® Community is a self-service advertising platform and takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You agree that you may see User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, incomplete or otherwise. We have made it easy for Members to report misleading or "no aloha" ads through the Products.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYHAWAII® COMMUNITY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL BUYHAWAII® COMMUNITY'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (THE U.S. $100.00).
11. General Terms
Notification Procedures and changes to these Terms.
BUYHAWAII® Community reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version on our website. If a revision is material, we will notify you at our sole discretion. You agree to be bound by the revised Terms by continuing to access or use the Products after revisions become effective. If you do not agree to the new terms, please stop using the Products.
More simply put:
We shall let you know if we are making a significant change to the terms.
Assignment.
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you but may be affected by BUYHAWAII® without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire Agreement/Severability.
Together with the Privacy Policy and any amendments and any additional agreements you may enter into with BUYHAWAII® Community in connection with the Products, these Terms shall constitute the entire agreement between you and BUYHAWAII® Community concerning the Products. Suppose any provision of these Terms is deemed invalid. In that case, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No Waiver. No waiver of these Terms shall deem a further or continuing waiver of such term or any other term, and BUYHAWAII® Community's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
