TERMS AND CONDITIONS OF SITE USE
Set forth below are the terms and conditions (these "Terms and Conditions") governing the web site owned and operated by Honolulu Jazz Scene, Four Hearts Music, their successors, assigns, agents, distributors and licensees (collectively, "Honolulu Jazz Scene") located at, or linked to through, the root URL www.honolulujazzscene.com, which may expand or change from time to time (the "Site"). As used herein, the term "you" or "your" refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation.
CAREFULLY READ THESE TERMS AND CONDITIONS. BY AVAILING YOURSELF OF THE SITE OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.
1. Use of Content Found on the Site:
The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, "Content") contained on the Site are protected by copyright and international laws. You may only access and use the Content for personal or educational purposes. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Content, unless authorized by the appropriate copyright owner(s). In the event that you print Content found on the Site, you must include any copyright notice originally included with the Content on all copies. You may not link directly to any media file located on a Honolulu Jazz Scene server, except where explicitly allowed to do so. You should not attempt to claim any Content as your own work.
2. Copyright and Trademark Infringement Policy and Notification Procedure:
Honolulu Jazz Scene does not own the Content posted to the Site for access by the general public. All Content is owned by an individual, group or company (collectively, the "Artist") who has represented and warranted to Honolulu Jazz Scene that, among other things, neither the Content nor the names, trademarks and service marks under which Content is promoted (collectively, the "Name") infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights.
Since Honolulu Jazz Scene is not in a position to determine who has the prevailing claim to use any particular Content or Name posted to the Site, its policy on such matters is that they be resolved directly by the parties alleging misuse of their Content and/or Name (the "Complainants") and the Artists. We recommend that Complainants immediately notify Artists about allegations of infringement by going to the Artist's page on the Site, clicking the Contact link and contacting the Artist directly.
Complainants may notify Honolulu Jazz Scene concerning any Content and/or Name being used on the Site in violation of their rights by sending an email through the web site itself. Honolulu Jazz Scene may then investigate such allegations and take action in its own discretion, which may include the immediate removal of the allegedly infringing Content and/or Name from those Honolulu Jazz Scene web pages identified or, at the election of Honolulu Jazz Scene, remove those web pages.
3. Your Conduct:
You shall use Site for lawful purposes only. In addition, if Honolulu Jazz Scene feels that a user is abusing the Site in any way, Honolulu Jazz Scene reserve the right to share certain information with third parties. An example of abuse includes (but is not limited to) copyright infringement.
4. Warranty Disclaimer:
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE SITE, CONTENT AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, HONOLULU JAZZ SCENE MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE OR ANY CONTENT THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, HONOLULU JAZZ SCENE MAKES NO REPRESENTATION THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. HONOLULU JAZZ SCENE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL HONOLULU JAZZ SCENE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW.
5. Limitation of Liability:
By availing yourself of the Site, Content or related services, you agree to release and hold Honolulu Jazz Scene harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Site, Content or related services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events that may cause the Site or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Site, Content or related services; or (e) any printing or typographical errors in any materials associated with the Site, Content or related services. In addition, you agree to defend, indemnify and hold Honolulu Jazz Scene harmless from any claim, suit or demand, including reasonable attorney's fees, made by a third party due to or arising out of your utilizing the Site, Content or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL Honolulu Jazz Scene BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF CONTENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF HONOLULU JAZZ SCENE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. General Provisions:
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties. These Terms and Conditions are governed in all respects by the laws of the State of Hawaii, without regard to conflict of law provisions. Any action or proceeding arising out of or related to the Site or this Agreement must be brought in a state or Federal court located in jurisdiction of Honolulu, Hawaii, and you irrevocably submit to the exclusive jurisdiction of such courts. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Honolulu Jazz Scene's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto.
7. Modification of Terms and Conditions:
From time to time Honolulu Jazz Scene may modify these Terms and Conditions in its sole discretion. When such modification is made, Honolulu Jazz Scene will post a revised version of these Terms and Conditions on the Site. Modifications will be effective when they are posted. Honolulu Jazz Scene is not required to provide you with notification that any such modification has been made. It is your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Each time you access the Site, you will be deemed to have accepted any such modifications.