Terms of Use

Pagodahawaii.com is an on-line information and communication service provided by the Pagoda Floating Restaurant & Catering (“Pagoda Floating Restaurant & Catering”), a non-profit corporation with its headquarters in Honolulu, Hawaii. This Internet Web Site Agreement (the “Agreement”) is between you and Pagoda Floating Restaurant & Catering. Use of the Pagodahawaii.com Internet Web site (the “Pagoda Floating Restaurant & Catering Web Site”) signifies your agreement to the terms and conditions of use set forth below in the Agreement.

You acknowledge that you have carefully read this Agreement and that you accept the terms hereof. If you do not agree to these terms and conditions of use, you may not access or otherwise use the Pagoda Floating Restaurant & Catering Website and should use your browsers back button to exit the Pagoda Floating Restaurant & Catering Website.

We may monitor your use of this Pagoda Floating Restaurant & Catering Website, and may freely use and disclose any information and materials received from you or collected through your use of the Pagoda Floating Restaurant & Catering Website for any lawful reason or purpose. Pagoda Floating Restaurant & Catering has a specific Privacy Policy that describes the information Pagoda Floating Restaurant & Catering collects through your use of the Pagoda Floating Restaurant & Catering Website, and the limitations Pagoda Floating Restaurant & Catering agrees to place on its use of such information. That Privacy Policy is hereby incorporated as part of this Agreement and may be viewed on the Pagoda Floating Restaurant & Catering Website by clicking on the following: Privacy Policy.

Copyright

The Pagoda Floating Restaurant & Catering Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Pagoda Floating Restaurant & Catering Website (“Content”) are only for your personal, non-commercial use. Many of the materials contained on the Pagoda Floating Restaurant & Catering Website are protected by copyright, and are owned or controlled by Pagoda Floating Restaurant & Catering or the party credited as the provider of the Content. You agree you will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Pagoda Floating Restaurant & Catering Website. You may download and make one (1) copy of the Content and other downloadable items displayed on this Pagoda Floating Restaurant & Catering Website for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Pagoda Floating Restaurant & Catering or the copyright holder identified in the individual Content’s copyright notice.

Certain public documents are made available on the Pagoda Floating Restaurant & Catering Website. Although Pagoda Floating Restaurant & Catering attempts to reflect those public documents accurately on the Pagoda Floating Restaurant & Catering Website, Pagoda Floating Restaurant & Catering is not responsible for any errors or omissions that may occur in its reporting of those public documents. If the information is critical to you, you should check with the original government source of those documents to confirm their accuracy.

Trademarks

You acknowledge that the Pagoda Floating Restaurant & Catering Website may include certain trademarks and service marks owned by Pagoda Floating Restaurant & Catering, as well as trademarks owned by other information providers. You agree not to copy, use or otherwise infringe upon these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright, or other notice from any copies of the Content.

Changes To Terms and Conditions and The Pagoda Floating Restaurant & Catering Website
Pagoda Floating Restaurant & Catering reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Pagoda Floating Restaurant & Catering Website. Your continued usage of the Pagoda Floating Restaurant & Catering Website or any of its services will mean you accept those changes.

We also may change, suspend or discontinue any aspect of the Pagoda Floating Restaurant & Catering Website at any time, including the availability of any Pagoda Floating Restaurant & Catering Website feature, database, or Content. Pagoda Floating Restaurant & Catering may also impose limits on certain features and services or restrict your access to parts or all of the Pagoda Floating Restaurant & Catering Website without notice or liability. We reserve the right to make changes, corrections, and improvements to the Pagoda Floating Restaurant & Catering Website, and to the products and programs described in the Pagoda Floating Restaurant & Catering Website, at any time without notice.

Representations of Use

You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the Pagoda Floating Restaurant & Catering Website any materials which (i) restrict or inhibit any other user from using and enjoying the Pagoda Floating Restaurant & Catering Website, (ii) are unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a software virus or other harmful component, including, without limitation, viruses or components designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; or (ix) solicit personal information from anyone under the age of 16; and (b) that you are at least sixteen (16) years old and if under eighteen (18) years old, have or possess legal parental or guardian consent to use the Pagoda Floating Restaurant & Catering Website. Pagoda Floating Restaurant & Catering may delete any content that in its sole judgment may be offensive, illegal, or inappropriate, or which otherwise violates these Terms and Conditions. Pagoda Floating Restaurant & Catering assumes no responsibility for the content or material posted on the Pagoda Floating Restaurant & Catering Website, no obligation to monitor inappropriate content and has no responsibility for the conduct of any user submitting offensive, illegal, or otherwise inappropriate content or material on or to the Pagoda Floating Restaurant & Catering Website. You shall assume sole liability and responsibility for any content, material, or information that you post or transmit on or through the Pagoda Floating Restaurant & Catering Website.

Indemnification

You hereby agree to indemnify, defend and hold Pagoda Floating Restaurant & Catering, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees and the assigns of the same (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You agree you will cooperate as fully as reasonably required in the defense of any claim. Pagoda Floating Restaurant & Catering reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Pagoda Floating Restaurant & Catering.

No Warranties

YOU EXPRESSLY AGREE THAT USE OF THE Pagoda Floating Restaurant & Catering Website IS AT YOUR OWN RISK. THE Pagoda Floating Restaurant & Catering Website, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE Pagoda Floating Restaurant & Catering Website, IS PROVIDED “AS IS.” YOUR ACCESSING THE Pagoda Floating Restaurant & Catering Website ACKNOWLEDGES YOUR AGREEMENT AND UNDERSTANDING THAT THE CONTENT CONTAINED ON THE Pagoda Floating Restaurant & Catering Website HAVE BEEN PROVIDED BY OTHER Pagoda Floating Restaurant & Catering Website USERS. AS A RESULT, YOU MAY BE EXPOSED TO CONTENT OR MATERIAL FROM A VARIETY OF SOURCES. Pagoda Floating Restaurant & Catering IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH CONTENT OR MATERIAL. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO CONTENT OR MATERIAL THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, THAT YOUR ACCESS TO THE Pagoda Floating Restaurant & Catering Website WILL BE AT YOUR OWN RISK, AND THAT YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST Pagoda Floating Restaurant & Catering WITH RESPECT THERETO. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Pagoda Floating Restaurant & Catering AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE Pagoda Floating Restaurant & Catering Website OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE Pagoda Floating Restaurant & Catering Website, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE Pagoda Floating Restaurant & Catering Website OR ANY LINKED SITE. FURTHER, Pagoda Floating Restaurant & Catering AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Pagoda Floating Restaurant & Catering DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE Pagoda Floating Restaurant & Catering Website OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Pagoda Floating Restaurant & Catering Website OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Pagoda Floating Restaurant & Catering AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE Pagoda Floating Restaurant & Catering Website, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER Pagoda Floating Restaurant & Catering, ITS SUBSIDIARY, OR ITS AFFILIATES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE Pagoda Floating Restaurant & Catering Website, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER Pagoda Floating Restaurant & Catering, ITS SUBSIDIARIES OR AFFILIATES WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

The Pagoda Floating Restaurant & Catering Website contains LINKs and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Pagoda Floating Restaurant & Catering Website. LINKs to and from the Pagoda Floating Restaurant & Catering Website to other third party sites, maintained by third parties, do not constitute an endorsement by Pagoda Floating Restaurant & Catering or any of its subsidiaries or affiliates of any third party resources, or their contents. Pagoda Floating Restaurant & Catering cannot and does not control any of these links and is not responsible for any content appearing on web sites linked to or from the Pagoda Floating Restaurant & Catering Website, or for any personal information gathered at such independently operated Websites. You should read and understand the terms and conditions and privacy policy of the other web sites that you may visit.

The Pagoda Floating Restaurant & Catering Website may contain inaccuracies or typographical errors or omissions. We regret any such errors, but will not be bound by any such errors. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Pagoda Floating Restaurant & Catering Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Pagoda Floating Restaurant & Catering Website.

The Pagoda Floating Restaurant & Catering Website forums, content, bulletin board, chat rooms, and message boards (collectively “Forums”) are provided to give users an interesting and stimulating forum in which they can express their opinions and share their ideas. We do not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. You may not use the Pagoda Floating Restaurant & Catering Website Forums for advertising or promotional materials or other forms of solicitation, unless expressly allowed in writing by Pagoda Floating Restaurant & Catering. Uploading copyrighted or other proprietary material of any kind on the Pagoda Floating Restaurant & Catering Website without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability.

Given the nature of the Pagoda Floating Restaurant & Catering Website and the volume of messages and postings, Pagoda Floating Restaurant & Catering cannot and does not monitor all of the material posted or transmitted by users and third party information providers. While you agree that the Pagoda Floating Restaurant & Catering will not be liable for such third party content, we reserve the right to delete, move or edit any communications which we deem in our sole discretion to be violative of this agreement; harmful to individuals or communities; obscene; defamatory; in violation of Pagoda Floating Restaurant & Catering’s or any third party’s rights; or otherwise unacceptable.

Discussion Lists

You are solely responsible for any content, whether written or recorded, that is posted, uploaded, published or placed on the Pagoda Floating Restaurant & Catering Website, and that is transmitted through any and all media, which shall include but not be limited to, Forums, chat rooms, video recordings, sound recordings, bulletin boards, web logs (aka blogs), or message boards (collectively “Your Content”). As a result, Pagoda Floating Restaurant & Catering does not and will not endorse Your Content or any opinion, recommendation, or advice expressed therein, and Pagoda Floating Restaurant & Catering expressly disclaims and will not be responsible for any and all liability in connection with Your Content. By submitting Your Content to the Pagoda Floating Restaurant & Catering Website, you affirm, represent, and/or warrant: (a) that you own or have the necessary licenses, rights, consents, and permissions to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content; (b) that you have the present ability and do hereby grant to Pagoda Floating Restaurant & Catering rights to Your Content to allow Pagoda Floating Restaurant & Catering to use Your Content in a manner consistent with this Agreement; and (c) that you have the written consent, release, and/or permission of each and every identifiable individual person, entity or place depicted in Your Content that will allow you and Pagoda Floating Restaurant & Catering to use the name or likeness of each and every such identifiable individual person, entity or place in a manner consistent with this Agreement.

By submitting Your Content to the Pagoda Floating Restaurant & Catering Website, you hereby grant to Pagoda Floating Restaurant & Catering a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, copy, manipulate, prepare derivative works of, display, publicly perform, reproduce, transmit, modify, translate, publish, edit and otherwise exploit Your Content, in all media now known or hereafter developed. By submitting Your Content to the Pagoda Floating Restaurant & Catering Website, you also hereby grant to each user of the Pagoda Floating Restaurant & Catering Website a non-exclusive license to access Your Content, and to use, reproduce, distribute, prepare derivative works of, display and publish Your Content as permitted through the features and functionality of the Pagoda Floating Restaurant & Catering Website and under this Agreement.

You hereby waive all rights to any claim against Pagoda Floating Restaurant & Catering for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with Your Content. You also agree to indemnify and hold Pagoda Floating Restaurant & Catering harmless against any claims or costs, including attorneys’ fees, arising from the use or distribution of Your Content. You further grant Pagoda Floating Restaurant & Catering the right to use your name in connection with the reproduction or distribution of such material.

You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, and in which you are not the owner, or in which you do not have rights to or do not have permission from the proper owner to post, upload or publish the material and to grant Pagoda Floating Restaurant & Catering all of the license rights granted in this Agreement. You agree not publish falsehoods or misrepresentations. You agree not to submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.

We do not accept unsolicited materials or ideas for use or publication in Pagoda Floating Restaurant & Catering’s magazines, books, the Pagoda Floating Restaurant & Catering Website, or other digital and electronic media (except in connection with Forums on the Pagoda Floating Restaurant & Catering Website). Pagoda Floating Restaurant & Catering shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Pagoda Floating Restaurant & Catering Website. You acknowledge that transmission to and from this Pagoda Floating Restaurant & Catering Website are not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to Pagoda Floating Restaurant & Catering, no confidential, fiduciary, contractually implied or other relationship is created between you and Pagoda Floating Restaurant & Catering other than pursuant to this Agreement.

Governing Law and Jurisdiction

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF HAWAII, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF HAWAII.

Miscellaneous

This Agreement constitutes the entire agreement between Pagoda Floating Restaurant & Catering and you with respect to your use of the Pagoda Floating Restaurant & Catering Website. Any cause of action you may have with respect to your use of the Pagoda Floating Restaurant & Catering Website must be commenced within one (1) year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Pagoda Floating Restaurant & Catering disclaims any and all responsibility for content contained in any third party materials provided through LINKs from the Pagoda Floating Restaurant & Catering Website. Pagoda Floating Restaurant & Catering’s failure to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

Contact Information

We respect the rights of all copyright holders and in this regard, Pagoda Floating Restaurant & Catering has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of subscribers and account holders who infringe upon the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Pagoda Floating Restaurant & Catering’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3):

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 copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line 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 us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
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; and
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.

Pagoda Floating Restaurant & Catering’s Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows: Copyright Agent Attn: Pagoda Floating Restaurant & Catering, 1525 Rycroft Street, Honolulu, HI 96814-2436; Email: info@pagodahawaii.com.