Introduction
Honolulupff.org is a website operated & maintained by The Honolulu
Pride Festival Foundation .Please
read these Terms and Conditions ("Terms") carefully before using this
site.
By using this site, you agree to
abide by the following Terms. If you do not agree to be bound by these Terms,
do not use this site. We reserve the right, at our discretion, to change or
modify all or some of these Terms at any time. Please check these Terms
periodically for changes. Your continued use of our site following the posting
of such changes means you agree to abide by them.
PRIVACY POLICY
Collection and Use of Information
We respect your privacy rights and concerns. Protecting your privacy is one of
our primary concerns, and the purpose of this Privacy Policy is to inform you
about what kind of information we collect, how we use it, and the choices you
have regarding both. Please let us know if you have any questions or concerns.
You should be aware that when you
voluntarily disclose personally identifiable information on the bulletin board of
our site and any other information you disclose could be collected and used by
third parties. This could result in unsolicited messages from others.
We collect online information to
respond to your requests, to make it easier and more rewarding for you to use
our products and services and to assist us in providing our customers a broad
range of personalized products and services. For example, we will perform
statistical analyses of our visitors' characteristics in order to measure
interest in and use of our site.
We may occasionally send you e-mail
offers or periodic mailings from us regarding new products and services or
upcoming events. These offers may be based on information you provided us in
your responses to our surveys and on your history with us as a customer.
We collect information in different
ways.
We collect information you choose to
provide us, such as your name, e-mail address, the pages you access and
information such as survey information, postal address, telephone numbers and
site registrations. Like many other commercial web sites, our web sites may
collect information about how our site is used.
We also collect non-personally
identifying information through the use of cookies. Cookies are pieces of data
your web browser stores on your hard drive. We use cookies so we can recognize
you when you pay a repeat visit to our website. Most browsers accept cookies.
However, if you wish, you can usually set them to refuse cookies. We do not use
cookies to gather any personal information.
Instances where we may gather
personally identifiable information include contest or sweepstakes
registrations, bulletin boards and suggestions you may give us. At any of these
times, you will have the opportunity to "opt in" to receive
promotional and/or other marketing about our products, services and offerings.
During registration, if you indicate that you wish to receive e-mail from us,
we will use your e-mail address to contact you about merchandise or services in
which you have indicated interest and any such communication will include
instructions on how to opt out of future communications. You can
"opt-out" at any time for these promotional marketing offers by
choosing to "unsubscribe". Upon your request, we will take all
reasonable efforts to delete your personal information from our database, but
that it may be impossible to delete your entry without some residual
information because of backups and records of deletion. We will never knowingly
send messages to customers who have asked us not to.
You will not personally be contacted
or solicited by us or anyone else as a result of information you provide.
Information you provide us will not
be shared with any other company, organization or entity.
Our data networks are secured and
protected by industry standard firewall and password protection systems. We
periodically review our security and privacy policies and restrict access to
the information to authorized personnel. Particularly sensitive information,
such as credit card numbers, are encrypted prior to transmission.
We may, if required by law, provide
personally identifiable information to the appropriate governmental
authorities. We may also release personal information when we believe release
is appropriate to comply with law, or to protect our own rights and those of
our users or others.
Our Privacy Policy applies only to
our website. Their privacy policy could differ considerably from ours, or they
may not display or have any privacy policy at all. We cannot control collection
of information by entities whose websites you may access through ours. Contact
them if you have any questions about their information collection policies and
practices.
We reserve the right to change this
Privacy Policy at any time. Use of information that we gather now is subject to
the Privacy Policy in effect at the time of use. By transacting business with
us, you are accepting the terms of this Privacy Policy. This Privacy Policy is
not intended to and does not create any contractual or other legal rights in or
on behalf of any party.
Children's Privacy
We are also concerned about protecting the safety and privacy of children. We
do not specifically collect information about children and do not sell products
for purchase by children. If you are under 18, get your parent's consent before
giving out any personal information.
General
Representations and Warranties
You are responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed to access and use our website, along with
all related expenses, fees and other costs.
Information provided at the site is
provided on an "AS IS" basis, and carries no express or implied
warranties as to accuracy, timeliness, delivery, mis-delivery, failure to
store, content errors, omissions or infringing content, that the content will
meet your requirements or that use and/or operation of the site will be
uninterrupted and error-free.
We make no warranties, either
express, implied or statutory, including, but not limited to, any warranty of
merchantability or fitness for a particular purpose.
We are not liable for any damages or
injury caused by or related to, including but not limited to, any reliance on
the site's content, any performance failure, error, omission, interruption,
defect, delay in operation of transmission, computer virus, failure to store
any user communications or personalization settings or line failure, nor are we
liable for any damages or injury, including but not limited to, special or
consequential damages that result from the use of, or the inability to use, the
materials or content in this site.
The above limitation or exclusion
may not apply to you to the extent that applicable law may not allow the
limitation or exclusion of liability for incidental or consequential damages.
Links and Third-Party Content
Our website may contain links to other websites, which are not under our
control. We do not review, control or monitor the practices, information or
materials on any other websites, and are not responsible or liable for the
communications, practices, information, content or materials of any of those
sites. We provide these links as a customer convenience and to allow
advertisers to promote their own sites or products, and do not endorse those
sites, companies or their products or services. You are responsible for
adhering to any other website's terms and conditions.
Your Responsibilities
You agree to use our website for lawful purposes only, and to not use it to:
--upload, post, e-mail or otherwise
transmit any content that is harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethically or otherwise objectionable, or that encourages
conduct that would violate any law, or which, without our prior written
approval, contains advertising or any solicitation with respect to products or
services;
--impersonate any person or entity,
or 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 our website;
--upload, post, e-mail or otherwise
transmit any Content that you do not have a legal right to transmit;
--upload, post, e-mail, or otherwise
transmit any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
--upload, post, e-mail or otherwise
transmit 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;
--upload, post, e-mail or otherwise
transmit any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
--interfere with or disrupt our
servers or networks, or disobey any requirements, procedures, policies or
regulations of networks connected to our website;
--"stalk" or otherwise
harass another person; or
--collect or store personal data
about other users.
Trademark and Copyright Rights
The text, copy, illustrations, designs, drawings, software, photos, video,
graphics, music, sound and all other creative works, and the entire contents of
our website, including its overall "look and feel" (collectively, the
"Works") are protected under the United States copyright laws.
No such Works from this website may
be copied, reproduced, republished, uploaded, posted, transmitted or
distributed in any way, except that you may download one copy of the site's
materials on any single computer for your personal, noncommercial home use
only, provided you keep intact all copyright and other proprietary notices.
Modification of the Works or material or their use for any other purpose is a
violation of our copyright and other proprietary rights.
In the event you download software
from our site, the software, including any files, images incorporated in or
generated by the software, and data accompanying the software (collectively,
the "Software") are hereby licensed to you by us, and we do not
transfer title to the Software to you. You own the medium on which the Software
is recorded, but we retain full and complete title to the Software and all
intellectual property rights therein. You may not redistribute, sell,
decompile, reverse engineer, disassemble or otherwise reduce the Software to a
human-perceivable form.
You shall not upload, post, or
otherwise make available on our website any material or creative works
protected by copyright, or any trademark or other proprietary right without the
prior written permission of the owner(s) of the copyright, trademark or other
proprietary right, and the burden of determining that any material is not
protected by copyright rests with you. You shall be solely liable for any
damage resulting from any infringement of copyrights, proprietary rights, or
any other harm resulting from any such submission.
Ideas, Content or Information
Provided to Honolulupff.org
All remarks, suggestions, material, Works, ideas, graphics, or other
information or content communicated to us through this site
("Submission") will be subject to the following terms:
We will not be required to treat any
Submission as confidential. We will not incur any liability as a result of any
similarities to any Submission that may subsequently appear on our website or
other materials. We will be entitled to use the Submission or any derivative of
it for any commercial or other purpose without compensation to you or any other
person.
You agree that you are responsible
for any Submission you submit, including its legality, reliability, originality
and copyright. We do not claim ownership of the Submissions. However, by
providing the Submission you are granting us, our affiliated companies business
partners and licensees a worldwide, perpetual, royalty-free right to use the
Submissions in connection with all aspects of the operation and promotion of
their Internet businesses, including but not limited to the right to copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat them. You agree that no compensation is owed with
respect to any such use of the Submissions by us or our licensees or business
partners. We are under no obligation to post or use anything you provide and we
may remove it at any time at our discretion. You warrant and represent that you
own or otherwise control all the rights to the Submission, that they do not
violate any law, regulation, or any right of any third party and are not designed
to or will not in any way have deleterious effect on us, other users or any
computer, network, software or hardware.
These Terms will be governed and
interpreted pursuant to the laws of the State of Hawai`i, United States of
America, notwithstanding any principles of conflicts of law. If any part of
these Terms is unlawful, void or unenforceable, that part will be deemed
severable and will not affect the validity and enforceability of any remaining
provisions.
Indemnity
You agree to indemnify and hold us, our subsidiaries, affiliates, officers,
agents, co-branders and other partners, and employees, harmless from any claim,
cause of action, or demand, including all attorneys' fees, made by any
third-party due to or arising out of any information, creative works, materials
or other content you submit, post to or transmit through our website; your use
of the website, your violation of or failure to adhere to the Terms, or your
interaction with any third party on the Internet.
If you have a question about these
Terms, please contact us at:
The
Honolulu Pride Festival Foundation
Attn: Board of Directors / Website Communication P.O
Box 8882
Honolulu,
Hawaii 96830-8882
Ph:
1 (888) 808-4733
All
Rights Reserved ® 2010 The Honolulu Pride Festival Foundation
All Rights Reserved ® 2008-2010 Honolulu Pride Festival Foundation
we are a certified 501(c)3 Non-Profit Organization. All Pictures and Graphics Used with Permission