READ THIS CAREFULLY BEFORE USING OUR WEBSITE.
ACCEPTANCE OF TERMS
1. You agree, through your use of the Site that you will not post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violates any law.
2. You agree, through your use of the Site not to post any copyrighted material unless the copyright is owned by you or the Site.
3. You agree, through your use of the Site, not to post advertising of any kind in any of the forums (with the exception of forums created for “classified” advertisements) whether you are a private party or company.
The only exceptions to this policy are granted for current approved advertisers.
4. We reserve the right to delete any message for any reason whatsoever. Messages are typically deleted as a result of the following:
- Profanity in subject lines or signatures, or profanity within messages deemed to be blatant as opposed to incidental.
- Messages which are deemed "spamming" or commercial solicitations
- Flaming other members with the apparent intent of inciting or perpetuating a conflict or argument.
- Posting personal e-mail, private messages or chat dialogues
- Posting pornographic or otherwise objectionable material
- Impersonating other individuals or false representation
- Discussion of illegal activity, or posting links to other websites that deal with such activities
- Posts made under secondary usernames or other aliases
- Posts which are completely unrelated to the forum in which they are posted
- Excessive cross-posting (this is considered spam)
- Posts which breach another member's privacy, i.e. containing phone numbers, addresses or other personal information
- Posts which facilitate or contain copyright violations
WARRANTIES AND DISCLAIMERS
1. We do not make any promise or guarantee as to the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message.
2. Any advice, instruction or information shared on the Site is for entertainment purposes only and is subject to use completely AT YOUR OWN RISK. The Site, it’s owners, operators and moderators shall not be liable for any damage or injury suffered resulting from attempting or following any advice, instruction or information on the Site.
RESTRICTIONS ON USE OF MATERIALS/INFORMATION ON WEB-SITE
1. Only personal use of the content and materials on the Site is permitted, which means that you may access, download, or print such materials for your personal, non-commercial use only. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this Site or any website accessible through the Site.
2. Without the prior written permission of the Site, you may not publish, copy, reproduce, distribute, transfer, upload, post, transmit, or otherwise use any materials contained on the Site, or any materials accessible through the Site, in whole or in part.
1. We reserve the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you or as required by lawful subpoena or other legal process.
1. Engagement in Prohibited Conduct may result in the Site, in its sole discretion, taking one or more of the following enforcement actions:
- removal of content
- editing submissions to remove content that violates these Terms
- restricting or otherwise limiting accounts
- banning accounts
- any other action deemed appropriate by the Site
PUBLIC CONTENT POSTED TO THE SITE
1. With respect to all Content you elect to post to publicly accessible areas of the Site, you grant The Site a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
INDEMNITY AND LIMITATION OF THE SITE'S LIABILITY
1. You agree to indemnify and hold The Site and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms, or your violation of any rights of another.
2. The Site is not liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of these Terms or otherwise), even if that loss or damage was foreseeable by us, or the possibility of it was brought to our attention, through your use of this Site, or participation in the forum.
3. The pages contained in the Site may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
4. Without prejudice to the above, our liability under these Terms (whether arising in negligence or otherwise) will not under any circumstances exceed $100.
5. Nothing in these Terms limits our liability for death or personal injury resulting from our negligence.
6. The Site contains material submitted and created by The Site and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material.
7. The Site may also contain links to other Sites which are not under the control of and are not maintained by us. We are not responsible for the content of those Sites. We provide these links for your convenience only but do not necessarily monitor or endorse the material on these Sites.
MODIFICATIONS TO SITE
1. The Site reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part of it) with or without notice. You agree that The Site shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
1. You agree that The Site, in its sole discretion, may terminate your password, account (or any part of it) or use of the Site, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if The Site believes that you have violated or acted inconsistently with the letter or spirit of the Terms.
2. The Site may also in its sole discretion and at any time discontinue providing the Site, or any part of it, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms may be effected without prior notice, and acknowledge and agree that The Site may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Site. Further, you agree that The Site shall not be liable to you or any third-party for any termination of your access to the Site.
1. The copyright in the contents of all the pages in this Site are owned by or licensed to The Site, unless otherwise specified.
1. These Terms contain the entire agreement and understanding between the parties relating to the subject matter of these Terms, and supersede any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either party.
2. We exclude all representations and warranties relating to the subject-matter of these Terms, whether they are statutory or otherwise, as far as is possible by law.
1. If any term of these Terms is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms shall remain valid and enforceable.
GOVERNING LAW AND JURISDICTION
1. Use of this Site and these Terms shall be governed by the laws of the State of Hawaii. The exclusive jurisdiction for any claim, action or dispute with the Site or relating in any way to your use of the Site shall be in the state and federal courts of the State of Hawaii and the exclusive venue for the adjudication or disposition of any such claim, action or dispute shall be in Honolulu, Hawaii.
2. Where national regulatory authorities have jurisdiction over the contents of this Site, we have attempted to ensure compliance with the requirements of such regulatory body. However, some of the information in the pages contained in this Site is not to be accessed from certain jurisdictions and no representation or warranty is made as to whether the information available in this Site complies with the regulatory regime of countries from which the pages in this Site should not be accessed.