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HawaiiSinglesNetwork.com Terms
of Use Agreement
Welcome to HawaiiSinglesNetwork.com, the service
for adults to meet each other online operated
by Flower Service June, Inc. dba Hana Aloha with
the domain name of HawaiiSinglesNetwork.com ("HawaiiSinglesNetwork.com").
By using the HawaiiSinglesNetwork.com Website
(the "Website") you agree to be bound
by the terms of HawaiiSinglesNetwork.com Terms
of Use Agreement (this "Agreement"),
whether or not you register as a member ("Member").
If you wish to become a Member and communicate
with other Members and make use of the HawaiiSinglesNetwork.com
service (the "Service"), read the terms
of this Agreement and indicate your acceptance
of them by following the instructions in the Registration
process.
This Agreement sets out the legally binding terms
of your use of the Website and your membership
in the Service and may be modified by HawaiiSinglesNetwork.com
from time to time, such modifications to be effective
upon posting by HawaiiSinglesNetwork.com on the
Website. This Agreement includes HawaiiSinglesNetwork.com's
Acceptable Use Policy for Content Posted on the
Website, HawaiiSinglesNetwork.com's Privacy Policy,
and any notices regarding the Website.
1. Eligibility. You must
be eighteen or over to register as a member
of HawaiiSinglesNetwork.com or use the Website.
Membership in the Service is void where prohibited.
By using the Website, you represent and warrant
that you have the right, authority, and capacity
to enter into this Agreement and to abide by
all of the terms and conditions of this Agreement.
2. Term. This Agreement will
remain in full force and effect while you use
the Website and/or are a Member. You may terminate
your membership at any time, for any reason by
following the instructions on the Resign pages
in Account Settings, or upon receipt by HawaiiSinglesNetwork.com
of your written or email notice of termination.
HawaiiSinglesNetwork.com may terminate your membership
for any reason, effective upon sending notice
to you at the email address you provide in your
application for membership, or such other email
address as you may later provide to HawaiiSinglesNetwork.com.
If HawaiiSinglesNetwork.com terminates your membership
in the Service because you have breached the Agreement,
you will not be entitled to any refund of unused
subscription fees. Even after membership is terminated,
this Agreement will remain in effect.
3. Non Commercial Use by Members.
The Website is for the personal use of individual
Members only and may not be used in connection
with any commercial endeavors. Organizations,
companies, and/or businesses may not become Members
and should not use the Service or the Website
for any purpose. Illegal and/or unauthorized uses
of the Website, including collecting usernames
and/or email addresses of members by electronic
or other means for the purpose of sending unsolicited
email and unauthorized framing of or linking to
the Website will be investigated, and appropriate
legal action will be taken, including without
limitation, civil, criminal, and injunctive relief.
4. Proprietary Rights in Content on HawaiiSinglesNetwork.com.
HawaiiSinglesNetwork.com owns and retains all
proprietary rights in the Website and the Service.
The Website contains the copyrighted material,
trademarks, and other proprietary information
of HawaiiSinglesNetwork.com, and its licensors.
Except for that information which is in the public
domain or for which you have been given written
permission, you may not copy, modify, publish,
transmit, distribute, perform, display, or sell
any such proprietary information.
5. Content Posted on the Site.
a. You understand and agree that HawaiiSinglesNetwork.com
may review and delete any content, messages, HawaiiSinglesNetwork.com
Messenger messages, photos or profiles (collectively,
"Content") that in the sole judgment
of HawaiiSinglesNetwork.com violate this Agreement
or which might be offensive, illegal, or that
might violate the rights, harm, or threaten the
safety of Members.
b. You are solely responsible for the Content
that you publish or display (hereinafter, "post")
on the Service, or transmit to other Members.
c. By posting Content to any public area of HawaiiSinglesNetwork.com,
you automatically grant, and you represent and
warrant that you have the right to grant, to HawaiiSinglesNetwork.com
an irrevocable, perpetual, non-exclusive, fully
paid, worldwide license to use, copy, perform,
display, and distribute such information and content
and to prepare derivative works of, or incorporate
into other works, such information and content,
and to grant and authorize sublicenses of the
foregoing.
d. The following is a partial list of the kind
of Content that is illegal or prohibited on the
Website. HawaiiSinglesNetwork.com reserves the
right to investigate and take appropriate legal
action in its sole discretion against anyone who
violates this provision, including without limitation,
removing the offending communication from the
Service and terminating the membership of such
violators. It includes Content that:
i. Is patently offensive to the online community,
such as Content that promotes racism, bigotry,
hatred or physical harm of any kind against any
group or individual;
ii. Harasses or advocates harassment of another
person;
iii. Involves the transmission of "junk mail",
"chain letters," or unsolicited mass
mailing or "spamming";
iv. Promotes information that you know is false,
misleading or promotes illegal activities or conduct
that is abusive, threatening, obscene, defamatory
or libelous;
v. Promotes an illegal or unauthorized copy of
another person’s copyrighted work, such
as providing pirated computer programs or links
to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music
or links to pirated music files;
vi. contains restricted or password only access
pages, or hidden pages or images (those not linked
to or from another accessible page);
vii. provides material that exploits people under
the age of 18 in a sexual or violent manner, or
solicits personal information from anyone under
18;
viii. provides instructional information about
illegal activities such as making or buying illegal
weapons, violating someone’s privacy, or
providing or creating computer viruses;
ix. solicits passwords or personal identifying
information for commercial or unlawful purposes
from other users; and
x. engages in commercial activities and/or sales
without our prior written consent such as contests,
sweepstakes, barter, advertising, and pyramid
schemes.
e. You must use the Service in a manner consistent
with any and all applicable laws and regulations.
f. You may not include in your Member profile
any telephone numbers, street addresses, last
names, URLs or email addresses.
g. You may not engage in advertising to, or
solicitation of, other Members to buy or sell
any products or services through the Service.
You may not transmit any chain letters or junk
email to other Members. Although HawaiiSinglesNetwork.com
cannot monitor the conduct of its Members off
the Website, it is also a violation of these
rules to use any information obtained from the
Service in order to harass, abuse, or harm another
person, or in order to contact, advertise to,
solicit, or sell to any Member without their
prior explicit consent. In order to protect
our Members from such advertising or solicitation,
HawaiiSinglesNetwork.com reserves the right
to restrict the number of emails which a Member
may send to other Members in any 24-hour period
to a number which HawaiiSinglesNetwork.com deems
appropriate in its sole discretion.
6. Copyright Policy. You may
not post, distribute, or reproduce in any way
any copyrighted material, trademarks, or other
proprietary information without obtaining the
prior written consent of the owner of such proprietary
rights. Without limiting the foregoing, if you
believe that your work has been copied and posted
on the Service in a way that constitutes copyright
infringement, please provide HawaiiSinglesNetwork.com
with the following information: an electronic
or physical signature of the person authorized
to act on behalf of the owner of the copyright
interest; a description of the copyrighted work
that you claim has been infringed; a description
of where the material that you claim is infringing
is located on the Website; your address, telephone
number, and email address; a written statement
by you that you have a good faith belief that
the disputed use is not authorized by the copyright
owner, its agent, or the law; a statement by
you, made under penalty of perjury, that the
above information in your notice is accurate
and that you are the copyright owner or authorized
to act on the copyright owner's behalf. HawaiiSinglesNetwork.com’s
Agent for notice of claims of copyright infringement
can be reached as follows: HawaiiSinglesNetwork.com
C/O Jun Nishioka, 1016 Kapahulu Ave, Suite G, Honolulu, HI, 96816.
7. Subscription. If you sign
up for multiple subscriptions to HawaiiSinglesNetwork.com,
you will be limited to only one instance of
HawaiiSinglesNetwork.com Messenger, regardless
of the number of subscribing accounts you may
have with us.
8. Member Disputes. You are
solely responsible for your interactions with
other HawaiiSinglesNetwork.com Members. HawaiiSinglesNetwork.com,
Inc. reserves the right, but has no obligation,
to monitor disputes between you and other Members.
9. Privacy. Use of the Website
and/or the Service is also governed by our Privacy
Policy.
10. Disclaimers. HawaiiSinglesNetwork.com
is not responsible for any incorrect or inaccurate
Content posted on the Website or in connection
with the Service, whether caused by users of
the Website, Members or by any of the equipment
or programming associated with or utilized in
the Service. HawaiiSinglesNetwork.com is not
responsible for the conduct, whether online
or offline, of any user of the Website or Member
of the Service. HawaiiSinglesNetwork.com 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 or Member communications. HawaiiSinglesNetwork.com
is not responsible for any problems or technical
malfunction of any telephone network or lines,
computer online systems, servers or providers,
computer equipment, software, failure of email
or players on account of technical problems
or traffic congestion on the Internet or at
any Website or combination thereof, including
injury or damage to users and/or Members or
to any other person's computer related to or
resulting from participating or downloading
materials in connection with the Web and/or
in connection with the Service. Under no circumstances
will HawaiiSinglesNetwork.com be responsible
for any loss or damage, including personal injury
or death, resulting from anyone's use of the
Website or the Service, any Content posted on
the Website or transmitted to Members, or any
interactions between users of the Website, whether
online or offline. The Website and the Service
are provided "AS-IS" and HawaiiSinglesNetwork.com
expressly disclaims any warranty of fitness
for a particular purpose or non-infringement.
HawaiiSinglesNetwork.com cannot guarantee and
does not promise any specific results from use
of the Website and/or the Service.
11. Limitation on Liability.
Except in jurisdictions where such provisions
are restricted, in no event will HawaiiSinglesNetwork.com
be liable to you or any third person for any
indirect, consequential, exemplary, incidental,
special or punitive damages, including also
lost profits arising from your use of the Web
site or the Service, even if HawaiiSinglesNetwork.com
has been advised of the possibility of such
damages. Notwithstanding anything to the contrary
contained herein, HawaiiSinglesNetwork.com’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 HawaiiSinglesNetwork.com for
the Service during the term of membership.
12. U.S. Export Controls. Software
from this Website (the “Software”)
is further subject to United States export controls.
No Software may be downloaded from the Website
or otherwise exported or re-exported (i) into
(or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other
Country to which the U.S. has embargoed goods;
or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Deny Orders.
By downloading or using the Software, you represent
and warrant that you are not located in, under
the control of, or a national or resident of
any such country or on any such list.
13. Disputes. If there is any
dispute about or involving the Website and/or
the Service, by using the Website, you agree
that the dispute will be governed by the laws
of the State of Hawaii without regard to its
conflict of law provisions. You agree to personal
jurisdiction by and venue in the state and federal
courts of the State of Hawaii.
14. Indemnity. You agree to
indemnify and hold HawaiiSinglesNetwork.com,
its subsidiaries, affiliates, officers, agents,
and other partners and employees, harmless from
any loss, liability, claim, or demand, including
reasonable attorney's fees, made by any third
party due to or arising out of your use of the
Service in violation of this Agreement and/or
arising from a breach of this Agreement and/or
any breach of your representations and warranties
set forth above.
15. Meetings and Activities.
As a Member you will be entitled to sign-up
and participate for fees certain meetings and
activities with other Members arranged by HawaiiSinglesNetwork.com.
Your participation in such meetings and activities
shall be at your own and sole risk and HawaiiSinglesNetwork.com
will not be responsible or held liable for any
loss or damages for either to person or property.
16. Other. This Agreement,
accepted upon use of the Website and further
affirmed by becoming a Member of the Service,
contains the entire agreement between you and
HawaiiSinglesNetwork.com regarding the use of
the Website and/or the Service. If any provision
of this Agreement is held invalid, the remainder
of this Agreement shall continue in full force
and effect.
Please contact us with any questions regarding
this agreement. HawaiiSinglesNetwork.com is
a domain of Flower Service Jun, Inc. dba Hana
Aloha.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL
OF THE PROVISIONS CONTAINED ABOVE.
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