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Welcome to GlobalPauHana.Org, an online personal networking service, operated
by Global Pau Hana, Inc. By using the GlobalPauHana.Org online personal
networking service (the "GlobalPauHana.Org Service"), you accept
and agree to be bound by the following terms and conditions (the "Terms
of Service").
Changes To GlobalPauHana.Org and Terms and Conditions
We reserve the right to modify or terminate the GlobalPauHana.Org Service
for any reason, and without notice, without liability to you, any other
Member or any third party. We also reserve the right to modify these Terms
of Service from time to time without notice. You are responsible for regularly
reviewing these Terms of Service so that you will be apprised of any changes.
Eligibility
and Registration
You must be 13 years or older to use the GlobalPauHana.Org Service. By
registering for the GlobalPauHana.Org Service, you represent and warrant
that you are 13 or older and that you have the capacity to understand,
agree to and comply with these Terms of Service.
In addition, you must provide true, accurate and complete registration
information to be an GlobalPauHana.Org member ("Member").
As part of the registration process, you will be asked to provide your
email address (that will also serve as your login ID) and select a password
and you will be responsible for all activities occurring under your login
ID and for keeping your password secure. We may refuse to post any profile
information provided by you that impersonates someone else, is or may
be protected by trademark or proprietary rights law, or is vulgar, offensive
or otherwise inappropriate, as determined by us in our sole discretion.
Appropriate
Conduct and Content; Personal Use Only
The
GlobalPauHana.Org Service is made available for your personal, non-commercial
use only. Businesses, organizations and other legal entities may not use
the GlobalPauHana.Org Service for any purpose.
You
may not use the GlobalPauHana.Org Service for any illegal or unauthorized
purpose. International users agree to comply with all local rules regarding
online conduct and acceptable content, including laws regulating the export
of data from the United States or your country of residence. You are solely
responsible for your conduct and any data, text, information, graphics,
photos, profiles, audio and video clips, links and other content ("Materials")
that you submit, post, and display on the GlobalPauHana.Org Service.
We
may, but shall have no obligation to, remove Materials that we determine
in our sole discretion are unlawful, fraudulent, threatening, libelous,
defamatory, obscene or otherwise objectionable, or infringes or violates
any party's intellectual property or other proprietary rights or these
Terms of Service.
Other
examples of illegal or unauthorized uses include, but are not limited
to:
- Modifying, adapting, translating, or reverse engineering any portion
of the GlobalPauHana.Org Service;
- Removing any copyright, trademark or other proprietary rights notices
contained in or on the GlobalPauHana.Org Service;
- Using any robot, spider, site search/retrieval application, or other
device to retrieve or index any portion or the GlobalPauHana.Org Service;
- Collecting any information about other Members (including usernames
and/or email addresses) for unauthorized purposes;
- Reformatting or framing any portion of the web pages that are part
of the GlobalPauHana.Org Service;
- Creating or transmitting unwanted electronic communications such as
"spam," or chain letters to other Members.
- Submitting Materials of any third party without such third party's
prior written consent;
- Directing any user (for example, by linking) to any Materials of any
third party without such third party's prior written consent;
- Submitting Materials that falsely express or imply that such Materials
are sponsored or endorsed by GlobalPauHana.Org ;
- Submitting Materials that infringe, misappropriate or violate the
intellectual property, publicity, privacy or other proprietary rights
of any party;
- Transmitting any viruses, worms, defects, Trojan horses or other items
of a destructive nature;
- Submitting Materials that are unlawful or promote or encourage illegal
activity; or
- Submitting false or misleading information.
While GlobalPauHana.Org prohibits such conduct and content on its site,
you understand and agree that you nonetheless may be exposed to such Materials
and that you use the GlobalPauHana.Org Service at your own risk.
By submitting, posting
or displaying any Materials on or through the GlobalPauHana.Org Service,
you automatically grant to us a worldwide, non-exclusive, sublicenseable,
transferable, royalty-free, perpetual, irrevocable right to copy, distribute,
create derivative works of, publicly perform and display such Materials.
Privacy
Policy
Our collection and
use of personal information is governed by our Privacy Policy. Click here
to review the GlobalPauHana.Org Privacy Policy. You understand and agree
that GlobalPauHana.Org may access, preserve, and disclose your personal
information and the contents of your account if required to do so by law
or in a good faith belief that such access preservation or disclosure
is reasonably necessary to comply with legal process or protect the rights
and property of GlobalPauHana.Org , its affiliates or the public. Nothing
in these Terms of Service should be construed to confer any rights to
third party beneficiaries.
Disclaimer
of Warranties
Global Pau Hana and
its affiliates, licensors, partners, suppliers, consultants and agents
disclaim any and all responsibility or liability for the accuracy, content,
completeness, legality, reliability, or operability or availability of
information or materials displayed on the GlobalPauHana.Org Service. Global
Pau Hana disclaims any and all responsibility and liability for the conduct
of any Member.
THE GLOBALPAUHANA.ORG SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING,
WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED
THROUGH THE GLOBALPAUHANA.ORG SERVICES), PRODUCTS AND SERVICES INCLUDED
THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER.
GLOBAL PAU HANA EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY
LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not
allow the exclusion or limitation of implied warranties, so the above
disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THE GLOBALPAUHANA.ORG SERVICE IS ENTIRELY AT
YOUR OWN RISK.
Hold
Harmless and Indemnity
You agree to hold
harmless and indemnify Global Pau Hana from and against any third party
claim arising from or in any way related to your use of the GlobalPauHana.Org
Service, including any liability or expense arising from all claims, losses,
damages (actual and consequential), suits, judgments, litigation costs
and attorneys' fees, of every kind and nature. In such a case, Global
Pau Hana will provide you with written notice of such claim, suit or action.
Limitation
of Liability
UNDER NO CIRCUMSTANCES
WILL GLOBAL PAU HANA BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE
OF THE GLOBALPAUHANA.ORG SERVICE, WHETHER OR NOT GLOBAL PAU HANA HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY
SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE
ON THE GLOBALPAUHANA.ORG SERVICE, FROM INABILITY TO USE THE GLOBALPAUHANA.ORG
SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE GLOBALPAUHANA.ORG
SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST
EXTENT PERMITTED BY LAW.
Term
and Termination
These Terms of Service
will apply to your use of the GlobalPauHana.Org Service. You may terminate
your membership immediately at any time, for any reason, by selecting
the cancel account option in your profile. We may terminate your membership
immediately at any time, for any reason. Once your membership terminates,
you will have no right to use the GlobalPauHana.Org Service. Our proprietary
rights, disclaimer of warranties, indemnities, limitations of liability
and miscellaneous provisions shall survive any termination of your membership.
Notices
Global Pau Hana may
provide you with notices regarding the GlobalPauHana.Org Service or these
Terms of Service by regular mail, email, or postings to this Web site.
Miscellaneous
Provisions
These Terms of Service
will be governed by and construed in accordance with the laws of the State
of California, without giving effect to its conflict of laws provisions
or your actual state or country of residence. The parties agree to submit
to the personal and exclusive jurisdiction of the courts located in the
County of Santa Clara, California. If for any reason a court of competent
jurisdiction finds any provision or portion of the Terms of Service to
be unenforceable, the remainder of the Terms of Service will continue
in full force and effect. You shall not assign these Terms of Service
or assign any rights or delegate any obligations hereunder, in whole or
in part, whether voluntarily or by operation of law, without our prior
written consent. Any such purported assignment or delegation will be null
and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall Global Pau
Hana be held liable for any delay or failure in performance resulting
directly or indirectly from acts of nature, forces, or causes beyond its
reasonable control, including, without limitation, Internet failures,
computer equipment failures, telecommunication equipment failures, other
equipment failures, electrical power failures, strikes, labor disputes,
riots, insurrections, civil disturbances, shortages of labor or materials,
fires, floods, storms, explosions, acts of God, war, governmental actions,
orders of domestic or foreign courts or tribunals, non-performance of
third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and
Global Pau Hana, Inc. with respect to the subject matter hereof and supersedes
and replaces all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter. Any waiver of any provision
of the Terms of Service by a party will be effective only if in writing
and signed by a party.
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