Any Non-Human Visitors to this Website shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. Such individual(s) shall be deemed responsible for the actions of their Non-Human Visitor devices in the same manner as if they personally visited the Website.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Mahalo, acceptance is expressly limited to these terms.
The Website is available only to individuals who are at least 13 years old. If you are not yet 13 years old, you must stop using the Website immediately or else provide Mahalo with written parental approval.
Our products and services are designed to give Website owners as much control and ownership over their site as possible and to encourage users/members to express themselves freely. However, each site owner must be responsible for the content of their site. In particular, as a site owner, you must make certain that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).
SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS
A special restriction on a visitor's license to access the Website applies to all Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically.
Email addresses on the Website are considered proprietary intellectual property of Mahalo. It is recognized that these email addresses are provided for human visitors alone. You acknowledge and agree that each email address the Website contains has a value not less than US $50. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminishes the value of these addresses. Intentional collection, harvesting, gathering, and/or storing the Website's email addresses is recognized as a violation of this agreement and expressly prohibited.
You do not claim intellectual property right or exclusive ownership to any of our products or services, whether modified or unmodified. All products and services are the property of Mahalo. Our products and services are provided "as is" without warranty of any kind, either expressed or implied. In no event shall Mahalo be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products or services.
Notwithstanding the foregoing, all final images and products that result from any artistic service, including graphic design or photography services, shall become your property upon full performance of the contract between you and Mahalo, including payment in full to Mahalo. Ownership of all samples, mock-ups, drafts and other products other than final products shall remain with Mahalo indefinitely. However, you agree that Mahalo shall have the right to retain a copy of all such products, including final products, for the limited purpose of maintaining a portfolio of images and products as samples to market Mahalo's business. Mahalo shall have the right to use any such image or other product in any manner as part of its own marketing campaign but may not sell or otherwise transfer ownership of any such image to any third party.
Your Account and Site.
If you create a site with Mahalo, you are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. You must immediately notify Mahalo of any unauthorized uses of your site, your account or any other breaches of security. Mahalo shall not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
If you operate a Website, comment on a Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software or any other type of electronic content. By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not obscene, libellous, defamatory, hateful or racially bigoted, does not violate the privacy or publicity rights of any third party and is not otherwise unlawful; your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site's URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Mahalo or otherwise.
By submitting Content to Mahalo for inclusion on the Website, you grant Mahalo a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site or Content. Without limiting any of those representations or warranties, Mahalo has the right (though not the obligation) to, in Mahalo's sole discretion (i) refuse or remove any content that, in Mahalo's reasonable opinion, violates any Mahalo policy or is in any way harmful, unlawful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Mahalo's sole discretion. Mahalo will have no obligation to provide a refund of any amounts previously paid.
Fees and Payment.
By selecting any service listed on the Website, you agree to pay Mahalo the fees indicated for that service. Payments will be charged on the day you sign up for a service and will cover the use of that service for the period as indicated. Fees are considered earned when paid and are not refundable.
Responsibility of Website Visitors.
Mahalo has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Mahalo does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Any user or site owner who finds content that is offensive, indecent, or otherwise objectionable, or content containing technical inaccuracies, typographical mistakes, or other errors has a responsibility to report such Content to Mahalo. In the same way, anyone who discovers Content on the Website that contains material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated, must report the same to Mahalo. Mahalo disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the Websites to which Mahalo links, and that link to Mahalo's site. Mahalo does not have any control over other websites and is not responsible for their contents or their use. By linking to an outside website, Mahalo does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Mahalo disclaims any responsibility for any harm resulting from your use of outside websites.
Copyright Infringement and DMCA Policy.
Mahalo asks others to respect its intellectual property rights, and it respects the intellectual property rights of others. If you believe that material located on or linked to by Mahalo violates your copyright, you are encouraged to notify Mahalo. Mahalo will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Mahalo or others, Mahalo may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Mahalo shall have no obligation to provide a refund of any amounts previously paid to Mahalo.
This Agreement does not transfer from Mahalo to you any intellectual property belonging to Mahalo, and all right, title and interest in and to such property shall remain solely with Mahalo. Mahalo, its domain, the Mahalo logo, and all other trademarks, service marks, graphics and logos used in connection with Mahalo or the Website are trademarks or registered trademarks of Mahalo. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Mahalo or third-party trademarks.
Mahalo reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Mahalo may also, in the future, offer new services and/or features through the Website (including, the release of new services and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Mahalo may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Mahalo account (if you have one), you may simply discontinue using the Website. However, if you have submitted any order for service or product through the Website or have otherwise engaged Mahalo for any product or service, you may only terminate this Agreement upon material breach by Mahalo or upon full completion of such engagement by all parties. Upon termination, all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The materials on Mahalo's Website are provided "as is". Mahalo makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Mahalo does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this site.
Limitation of Liability.
In no event will Mahalo, or its suppliers or licensors, or any individuals associated with those entities, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Mahalo under this agreement during the twelve (12) month period prior to the cause of action. Mahalo shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless Mahalo, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation of this Agreement.
Applicable Law and Jurisdiction.
Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service ("Judicial Action") shall be governed by the law of the Commonwealth of Virginia. You consent to the jurisdiction of federal and state courts within the Commonwealth of Virginia. You consent to the venue in any action brought against him in connection with breaches of these Terms of Service. You consent to electronic service of process regarding actions under the above agreement.
Records of Visitor Use and Abuse.
You consent to having your Internet Protocol address recorded. An email address may appear immediately below (the "Identifier") if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason. VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.