Kō Hana Distillers, LLC
PO Box 227
Kunia, Hawaii 96759 USA
TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY APPLY TO YOUR USE OF THE WEBSITE AND THE SERVICES PROVIDED THROUGH THE WEBSITE.
Material from the Website is protected by copyright and may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the copyright owner.
You may access and use the Website and the services available on the Website only if you are at least the minimum legal purchase age for alcoholic beverages in the jurisdiction in which you are located.
Use of the Website is void where prohibited by applicable law and the right to access the Website is revoked in such jurisdictions.
All trademarks on the Website are property of the Company unless otherwise indicated.
Material on the Website is provided for lawful purposes only.
USE OF YOUR SUBMISSION. By posting or otherwise submitting your comment, story, recipe, video(s), photograph(s), image(s), or any other type of submission (each a “Submission”), you hereby irrevocably grant to the Company all present and future rights, title, and interest of every kind and nature whatsoever, including, without limitation, all copyrights and all rights incidental, subsidiary, ancillary, or allied thereto (including, without limitation, all derivative rights) in and to the Submission, and any ideas, concepts, or elements embodied therein, for use throughout the universe in any manner or venue and for any purpose (including, without limitation, for purposes of advertising, promoting and publicizing the Company and its products and services) by means of any and all media and devices (whether now known or hereafter devised) in perpetuity. The Company shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that the Company deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. You represent and warrant to the Company as follows: (a) you are voluntarily submitting the Submission; (b) you understand that no copy of your Submission will be returned to you; © the content of the Submission is previously unpublished and is original to you (or, if you are not the person that created the Submission, the person who created the Submission has granted to you all rights necessary to allow you to grant to the Company the rights granted pursuant to these Terms and Conditions); (d) the Submission does not disparage the Company or its competitors, does not contain any unlawful, pornographic, obscene, profane, defamatory, libelous, threatening, or otherwise objectionable material, and does not contain the names of any people (including, without limitation, any celebrities) or any non- Company trademarks; (e) the content of the Submission is not the subject of any actual or threatened litigation or claim; and (f) neither the Submission, nor the use of the Submission by the Company in any manner, venue or media, whether now known or hereafter devised anywhere in the universe at any time for any purpose (including, without limitation, for purposes of advertising, promoting and publicizing the Company and its products and services), will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws. You hereby agree to indemnify and hold harmless the Company from and against any and all third-party claims, actions, or proceedings of any kind, and from any and all damages, liabilities, costs, and expenses relating to or arising out of any breach or alleged breach by you of any of your warranties, representations, or agreements hereunder.
NO OBLIGATION TO USE. The Company shall have no obligation (expressed or implied) to use (or post) the Submission or to otherwise exploit the Submission or, if commenced, to continue the distribution or exploitation (or posting) thereof, and the Company may at any time abandon the use (or posting) of the Submission and/or remove the Submission from the Website for any reason in its sole discretion. You shall not be entitled to any damages or other relief by reason thereof.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF. You hereby acknowledge and agree that the relationship between you and the Company is not a confidential, fiduciary, or other special relationship, and that your decision to provide the Submission to the Company does not place the Company in a position that is any different from the position held by members of the general public with regard to elements of the Submission. You acknowledge and agree that the Company does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.
IMPORTANT. PLEASE READ GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By making your Submission, you agree that: [(1) any and all disputes, claims, and causes of action arising out of or connected with the Submission shall be resolved individually, without resort to any form of class action (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with submitting the Submission, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will you be permitted to obtain any award for, and you hereby knowingly and expressly waive all rights to seek, punitive, incidental, or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. You acknowledge and agree that the Company is not responsible for any damage to your computer system that is occasioned by accessing the website, or for any computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, delayed computer transmissions, or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
You agree that any litigation between you and the Company arising from or pertaining to your Submission (including, without limitation, any use by the Company of your Submission) and/or your use of the Website shall be governed by Hawaii law and that exclusive jurisdiction resides in the courts of the State of Hawaii, in the USA.
WIRELESS MARKETING SERVICES
The Company may provide short message service (“SMS”) communications relating to special promotions, services, news, programming, and information via text messaging and other wireless devices (the “Mobile Services”). Depending on the length of the data returned, more than one SMS message may be sent. The Mobile Services are available for AT&T, Verizon, T-Mobile, Sprint, Nextel, Alltel, and USCellular users. Message and data rates may apply.
If you register for Mobile Services, you understand and agree that you may be charged a fee by your wireless carrier to send and receive messages based on the terms of your wireless device service plan. Under no circumstances will the Company be responsible for any wireless email, or text messaging charges incurred by you or by a person that has access to your wireless device, telephone number or email address. Check with your wireless device service provider if you have questions about your service plan.
When you complete forms online or otherwise provide us information in connection with the Mobile Services, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the Mobile Services and pursue any appropriate legal remedies.
To the extent that you receive any content through the Mobile Services, the Company grants you a limited, non-exclusive, non- transferable, revocable right to download such content provided by the Company to your compatible device solely for your own personal, non-commercial use. You understand and agree that you may not download, reproduce, modify, display, perform, transfer, distribute, or otherwise use the downloaded content except as expressly provided under these Terms and Conditions and other terms applicable to such content. You understand and agree that you may not authorize, encourage or allow any downloaded content used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed, or otherwise used by any other party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of them. You agree to not refer anyone to the Website or to forward or share any content you receive from the Company through the Mobile Services to anyone who is below the legal purchase age for alcoholic beverages in the jurisdiction in which he or she is located. If you breach this license you will be liable for damages incurred by the Company and its licensors.
You understand, acknowledge, and agree that we may, in our sole discretion and without liability to you and any user, terminate any offer of any specific Mobile Services at any time without advance notice. We may, but are not obligated to, provide notice of terminations or changes in the Mobile Services on the Website.
The appearance on the Website of external hyperlinks to third-party sites, in any form, does not constitute endorsement by us or any of our subsidiaries and affiliates, of the opinions or views expressed by any such third-party websites and we do not take responsibility for the accuracy, currency, completeness, or quality of the content contained at such sites. Furthermore, we are not responsible for the quality or delivery of the products or services offered, provided, accessed, or advertised by any third party. As such, neither we nor our subsidiaries and affiliates will be responsible or liable to you in any way for any content, errors, or omissions, or for the results obtained from the use of any information contained in or provided to those third-party sites.
DISCLAIMER AND LIMITATION OF LIABILITY/INDEMNITY
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ALL CONTENT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF CONTENT WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. We are not liable for any damages, harm, or injury that relates to, arises out of, or results from the use of, access to, or the inability to use, any of the material on the Website, or any errors, or unauthorized access to your personal information. We are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the Website or with respect to any content contained on the Website. The entire risk as to the quality, accuracy, adequacy, completeness, correctness, and validity of any content or your information rests with you.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD-PARTY PROVIDERS WILL NOT BE LIABLE, EXCEPT AS EXPRESSLY SET FORTH IN SECTION II, FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THE WEBSITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY US OR ANY THIRD PARTY. You agree to indemnify, defend, and hold us and our representatives and agents harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including attorneys’ fees and costs, arising from, or related to, (i) any breach by you of these Terms and Conditions, (ii) your Submissions, (iii) your use of content or features available on the Website in an unauthorized manner, and/or (iv) a violation by you of any and all applicable laws, rules, or regulations.
We respect the intellectual property rights of others and we ask that users of the Website do the same.
If you believe that your intellectual property is being used on the Website in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512©(3) of the Digital Millennium Copyright Act):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
The information specified above must be sent to our Designated Agent, whose contact information is as follows:
Manulele Distillers, LLC
Attention: General Counsel
PO Box 227
Kunia, Hawaii 96759
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.
Upon receipt of a bona fide infringement notification by the Designated Agent, it is our policy to remove or disable access to the infringing material, notify the user who posted the material that the Company has removed or disabled access to the material, and, for repeat offenders, to terminate such user’s access to the service.
If you believe that your content should not have been removed for alleged copyright infringement, you may send our Designated Agent a written counter-notice with the following information:
Identification of the copyrighted work that was removed, and the location on the Website where it would have been found prior to its removal;
A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party, informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.
REVISIONS TO THESE TERMS AND CONDITIONS
We reserve the right to change these Terms and Conditions at any time. Please review the contents of these Terms and Conditions frequently, as the Company may amend them from time to time to reflect changes in its general rules and policies governing your use of the Website. Amendments will become effective when posted on the Website. The Company will not provide you with a notice of any change in these Terms and Conditions. It is your responsibility to monitor and review any updates to these Terms and Conditions. Your continued use of the Website, or online services provided by the Company, after such posting will be deemed your acceptance of these changes to these Terms and Conditions.
Should you have any questions or concerns about these Terms and Conditions, please email us at email@example.com.
EFFECTIVE DATE OF TERMS AND CONDITIONS
These Terms and Conditions are effective and were last updated April 2015.