Soul Hawaii - also known as Hawaiian Soul

Legal Information & Notices
Hawaiian Soul Enterprises hereafter Hawaiian Soul

Ownership of Site; Agreement to Terms of Use

The following terms and condition of use (the “Terms of Use”) apply to the Hawaiian Soul web site located at http://hawaiiansoul.net and all associated sites linked to http://hawaiiansoul.net and its subsidiaries and affiliates. The site is the property of Hawaiian Soul.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE;
IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Hawaiian Soul reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. As long as you comply with the Terms of Use, Hawaiian Soul grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Hawaiian Soul, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Hawaiian Soul’s express prior written consent.

Your Use of the Site

You are not permitted to use or utilize any automatic device, program, algorithm or methodology, including but not limited to any “page-scrape,” “deep-link,” “robot,” “spider” or other or any similar or equivalent manual process, to access, get, copy or monitor of the Site or any Content (including any portion of the Site or Content), or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Hawaiian Soul must and does reserve the right to bar any such activity.

It is not permissible to attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Soul Hawaii server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. Hawaiian Soul implores you to treat other’s property and identities as you would want others to treat your property and identity. The golden rule is still the best rule and if you honor it you will enhance everyone’s use of the Site and its contents.

We don’t want you to play with the site to see how you can harm it. Accordingly, you may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. Nor can you reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Hawaiian Soul, including any Hawaiian Soul account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other that your own information, as provided by the Site. Remember the golden rule again.

Included in your agreement not to have malicious fun with the site is your agreement that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Hawaiian Soul’s systems or networks, or any systems or networks connected to the Site or to Hawaiian Soul.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any messages or transmittal you send to Hawaiian Soul on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Hawaiian Soul or others.

Purchases, Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Hawaiian Soul’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Hawaiian Soul may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Hawaiian Soul makes no commitment to update the materials on the Site with respect to such products and services.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

Any Trademark Information
Any Copyright Information
Rights and Permissions
Claims of Copyrights Infringement
Piracy Prevention
Software Piracy
Software Asset Management
Report Piracy
Software and Documentation Information
Feedback and Information
Warranties and Disclaimers
Legal Contents

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Accounts, Password and Security

Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Hawaiian Soul immediately of any unauthorized use of your account or password, or any other breach of security.

Privacy

Hawaiian Soul’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Hawaiian Soul’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit care information) is encrypted.

Links to Other Sites and to the Hawaiian Soul Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Hawaiian Soul’s control, and Hawaiian Soul is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgement regarding your interaction with these Linked Sites.

Disclaimers

Hawaiian Soul DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE”BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Hawaiian Soul CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Hawaiian Soul DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Hawaiian Soul DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY Hawaiian Soul SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Hawaiian Soul FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line, failure, theft or destruction of or unauthorized access to, alteration of, or use, whether to breach of contract, tort, negligence or any other cause of action.

Hawaiian Soul reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Hawaiian Soul be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Hawaiian Soul has been advised of the possibility of such damages.

Indemnity

You agree to indemnify and hold Hawaiian Soul, its officers, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Hawaiian Soul by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Hawaiian Soul may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Hawaiian Soul’s rights or property, or the rights or property of visitors to or users of the Site, including Hawaiian Soul’s customers. Hawaiian Soul reserves the right at all times to disclose any information that Hawaiian Soul deems necessary to comply with any applicable law , regulation, legal process or governmental request. Hawaiian Soul also may disclose your information when Hawaiian Soul determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Hawaiian Soul may preserve any transmittal or communication by you with Hawaiian Soul through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Hawaiian Soul determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Hawaiian Soul, its employees, users of or visitors to the Site, and the public.

You agree that Hawaiian Soul may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Hawaiian Soul, for which monetary damages would be inadequate, and you consent to Hawaiian Soul obtaining any injunctive or equitable relief that Hawaiian Soul deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Hawaiian Soul may have at law or in equity.

You agree that Hawaiian Soul may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to ) (1) requests by law enforcement or other governmental agencies, (2) a request by you (self0initiated account deletions), (3) discontinuance or material modifications of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Hawaiian Soul does take legal action against you as a result of your violation of these Terms of Use, Hawaiian Soul will be entitled to recover for you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Hawaiian Soul. You agree that Hawaiian Soul will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Hawaii without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Honolulu, Hawaii, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the even of any controversy or dispute between Hawaiian Soul and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (3) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Hawaiian Soul with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Hawaiian Soul with respect to such use are hereby superseded and canceled. Hawaiian Soul will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Hawaiian Soul’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Hawaiian Soul of any provision or right it has to enforce these Terms of Use, nor shall any course of conduct between Hawaiian Soul and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Hawaiian Soul provides access to Hawaiian Soul International data and, therefore, may contain references or cross references to Hawaiian Soul products, programs and services that are not announced in your country. Such reference does not imply that Hawaiian Soul in your country intends to announce such products, programs or services.

Rights and Permissions

If you have any questions concerning the usage and licensing of Hawaiian Soul copyrighted materials, for example, photographs, video footage, Hawaiian Soul advertisements or other Hawaiian Soul materials, please submit your detailed request in writing. Please be sure to include any surrounding copy or text to the Hawaiian Soul material.

Piracy Protection

Hawaiian Soul actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

The illegal copying of music files is a crime! In the United States and many other countries, copyright law provides for severe civil and criminal penalties for the unauthorized reproduction or distribution of copyrighted material. Copyrighted material includes, but is not limited to, music files, and accompanying sounds, images and text. Under U.S. law, infringement may result in civil damages of up to $150,000 and/or criminal penalties of up to five years imprisonment and/or a $250,000 fine.