Tips:
Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to Hawaii Penpals. Hawaii Penpals provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from time
to time without notice to you. In addition, when using
particular Hawaii Penpals owned or operated services, you and Hawaii Penpals shall be
subject to any posted guidelines or rules applicable to such services
which may be posted from time to time. All such guidelines or rules
(including but not limited to our Spam
Policy) are hereby incorporated by reference into the TOS.
Hawaii Penpals currently provides users with access to a rich collection of
resources, including, various communications tools, forums, shopping
services, search services and personalized content through its network of properties (the "Service"). You also understand and
agree that the Service may include advertisements and that these
advertisements are necessary for Hawaii Penpals to provide the Service. You also
understand and agree that the service may include certain communications
from Hawaii Penpals, such as service announcements, administrative messages and
the Hawaii Penpals Newsletter, and that these communications are considered part
of Hawaii Penpals membership and you will not be able to opt out of receiving
them. Unless explicitly stated otherwise, any new features that augment or
enhance the current Service, including the release of new Hawaii Penpals
properties, shall be subject to the TOS. You understand and agree that the
Service is provided "AS-IS" and that Hawaii Penpals assumes no responsibility for
the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings. You are responsible for
obtaining access to the Service and that access may involve third party
fees (such as Internet service provider or airtime charges). You are
responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and
are responsible for all equipment necessary to access the Service.
Please be aware that Hawaii Penpals has created certain areas on the Service
that contain adult or mature content. You must be at least 18 years of age
to access and view such areas.
In consideration of your use of the Service, you represent that you are
of legal age to form a binding contract and are not a person barred from
receiving services under the laws of the United States or other applicable
jurisdiction. You also agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's
registration form (such information being the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or Hawaii Penpals has reasonable
grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Hawaii Penpals has the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or
any portion thereof). Hawaii Penpals is concerned about the safety and privacy of
children.
When you create a Hawaii Penpals
Account , you certify that you are at
least 18 years old.
Registration Data and certain other information about you is subject to
our Privacy Policy. For more information, see our full privacy policy at
http://www.hawaiipenpals.com/hp/PrivacyServlet.
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for
all activities that occur under your password or account. You agree to (a)
immediately notify Hawaii Penpals of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. Hawaii Penpals cannot and will not be
liable for any loss or damage arising from your failure to comply with
this Section 5.
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content originated. This
means that you, and not Hawaii Penpals, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available via the
Service. Hawaii Penpals does not control the Content posted via the Service and,
as such, does not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you may be exposed to
Content that is offensive, indecent or objectionable. Under no
circumstances will Hawaii Penpals be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content, or for any
loss or damage of any kind incurred as a result of the use of any Content
posted, emailed, transmitted or otherwise made available via the
Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise
objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a
Hawaii Penpals official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any law or
under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
- upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright or
other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation;
- upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability to engage
in real time exchanges;
- interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local,
state, national or international law, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the
nature, location, source, or ownership of material support or resources)
to any organization(s) designated by the United States government as a
foreign terrorist organization pursuant to section 219 of the
Immigration and Nationality Act;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that Hawaii Penpals may or may not pre-screen Content, but that
Hawaii Penpals and its designees shall have the right (but not the obligation) in
their sole discretion to pre-screen, refuse, or move any Content that is
available via the Service. Without limiting the foregoing, Hawaii Penpals and its
designees shall have the right to remove any Content that violates the TOS
or is otherwise objectionable. You agree that you must evaluate, and bear
all risks associated with, the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content created by
Hawaii Penpals or submitted to Hawaii Penpals, including without limitation information in
Hawaii Penpals Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that Hawaii Penpals may access, preserve,
and disclose your account information and Content if required to do so by
law or in a good faith belief that such access preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce the
TOS; (c) respond to claims that any Content violates the rights of
third-parties; (d) respond to your requests for customer service; or (e)
protect the rights, property, or personal safety of Hawaii Penpals, its users and
the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You understand that the Service and software embodied within the
Service may include security components that permit digital materials to
be protected, and use of these materials is subject to usage rules set by
Hawaii Penpals and/or content providers who provide content to the Service. You
may not attempt to override or circumvent any of the usage rules embedded
into the Service. Any unauthorized reproduction, publication, further
distribution or public exhibition of the materials provided on the
Service, in whole or in part, is strictly prohibited.
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, 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.
Hawaii Penpals does not claim ownership of Content you submit or make available
for inclusion on the Service. However, with respect to Content you submit
or make available for inclusion on publicly accessible areas of the
Service, you grant Hawaii Penpals the following world-wide, royalty free and
non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion
on publicly accessible areas of Hawaii Penpals, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service.
- With respect to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible area of the Service the perpetual, irrevocable and
fully sublicensable license to use, distribute, reproduce, modify,
adapt, publish, translate, publicly perform and publicly display such
Content (in whole or in part) and to incorporate such Content into other
works in any format or medium now known or later developed.
- With respect to Content other than photos, graphics, audio or video
you submit or make available for inclusion on publicly accessible areas
of the Service the perpetual, irrevocable and
fully sublicensable license to use, distribute, reproduce, modify,
adapt, publish, translate, publicly perform and publicly display such
Content (in whole or in part) and to incorporate such Content into other
works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the
Hawaii Penpals network of properties that are intended by Hawaii Penpals to be available
to the general public. By way of example, publicly accessible areas of the
Service would include Hawaii Penpals Message Boards. However,
publicly accessible areas of the Service would not include portions of
Hawaii Penpals services intended for
private communication such as Hawaii Penpals Mail or areas
off of the Hawaii Penpals network of properties such as portions of World Wide Web
sites that are accessible through via hypertext or other links but are not
hosted or served by Hawaii Penpals.
You agree to indemnify and hold Hawaii Penpals, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content
you submit, post, transmit or make available through the Service, your use
of the Service, your connection to the Service, your violation of the TOS,
or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service (including
your Hawaii Penpals I.D.), use of the Service, or access to the Service.
You acknowledge that Hawaii Penpals may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days that email messages, message board postings or other
uploaded Content will be retained by the Service, the maximum number of
email messages that may be sent from or received by an account on the
Service, the maximum size of any email message that may be sent from or
received by an account on the Service, the maximum disk space that will be
allotted on Hawaii Penpals's servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may access the Service in a
given period of time. You agree that Hawaii Penpals has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the Service.
You acknowledge that Hawaii Penpals reserves the right to log off accounts that
are inactive for an extended period of time. You further acknowledge that
Hawaii Penpals reserves the right to modify these general practices and limits
from time to time.
Hawaii Penpals reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that Hawaii Penpals shall not be liable
to you or to any third party for any modification, suspension or
discontinuance of the Service.
You agree that Hawaii Penpals may, under certain circumstances and without
prior notice, immediately terminate your Hawaii Penpals account, any
associated email address, and access to the Service. Cause for such
termination shall include, but not be limited to, (a) breaches or
violations of the TOS or other incorporated agreements or guidelines, (b)
requests by law enforcement or other government agencies, (c) a request by
you (self-initiated account deletions), (d) discontinuance or material
modification to the Service (or any part thereof), (e) unexpected
technical or security issues or problems, and (f) extended periods of
inactivity. Termination of your Hawaii Penpals account includes (a) removal of
access to all offerings within the Service, including but not limited to
Hawaii Penpals Mail, Profiles, Ads, Personals,
and Message Boards (b) deletion of your password
and all related information, files and content associated with or inside
your account (or any part thereof), and (c) barring further use of the
Service. Further, you agree that all terminations for cause shall be made
in Hawaii Penpals's sole discretion and that Hawaii Penpals shall not be liable to you or
any third-party for any termination of your account, any associated email
address, or access to the Service.
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that Hawaii Penpals shall
not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of
such advertisers on the Service.
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Hawaii Penpals has no control over such
sites and resources, you acknowledge and agree that Hawaii Penpals is not
responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such sites
or resources. You further acknowledge and agree that Hawaii Penpals shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance
on any such Content, goods or services available on or through any such
site or resource.
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by Hawaii Penpals or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part.
Hawaii Penpals grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form, or
to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You agree
not to access the Service by any means other than through the interface
that is provided by Hawaii Penpals for use in accessing the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Hawaii Penpals EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Hawaii Penpals MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM Hawaii Penpals OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Hawaii Penpals SHALL NOT BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Hawaii Penpals HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU.
You agree that, except as otherwise expressly provided in this TOS,
there shall be no third party beneficiaries to this Agreement.
Hawaii Penpals may provide you with notices, including those regarding changes
to the TOS, by either email, regular mail, or postings on the Service.
The Hawaii Penpals, Hawaii Penpals logo, trademarks and service
marks and other Hawaii Penpals logos and product and service names are trademarks
of Hawaii Penpals (the "Hawaii Penpals Marks"). Without Hawaii Penpals's prior permission,
you agree not to display or use in any manner, the Hawaii Penpals Marks.
Hawaii Penpals respects the intellectual property of others, and we ask our
users to do the same. Hawaii Penpals may, in appropriate circumstances and at its
discretion, disable and/or terminate the accounts of users who may be
repeat infringers. If you believe that your work has been copied in a way
that constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please provide Hawaii Penpals
the following information:
- an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual property
interest;
- a description of the copyrighted work or other intellectual property
that you claim has been infringed;
- a description of where the material that you claim is infringing is
located on the site;
- your address, telephone number, and email address;
- a 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 or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
24. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement
between you and Hawaii Penpals and govern your use of the Service, superceding any
prior agreements between you and Hawaii Penpals. You also may be subject to
additional terms and conditions that may apply when you use or purchase
certain other Hawaii Penpals services, affiliate services, third-party content or
third-party software.
Choice of Law and Forum. The TOS and the relationship between
you and Hawaii Penpals shall be governed by the laws of Japan
without regard to its conflict of law provisions. You and Hawaii Penpals agree to
submit to the personal and exclusive jurisdiction of the courts located
within the prefecture of Tokyo, Japan.
Waiver and Severability of Terms. The failure of Hawaii Penpals to
exercise or enforce any right or provision of the TOS shall not constitute
a waiver of such right or provision. If any provision of the TOS is found
by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that
your Hawaii Penpals account is non-transferable and any rights to your Hawaii Penpals I.D.
or contents within your account terminate upon your death. Upon receipt of
a copy of a death certificate, your account may be terminated and all
contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the TOS must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.
Please report any violations of the TOS to our customer support.