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Written by Administrator
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Saturday, 10 November 2007 |
WORK IN PROGRESS - FIRST DRAFT
Ka Pilina Website Description, Privacy Policy and Terms of Service
DESCRIPTION
Welcome to Ka Pilina Website, an online community primarily comprised of attendees of the Burning Man arts and community event operated by Black Rock City, LLC ("Burning Man"). We acknowledge that “Burning Man” is a service mark of Black Rock City, LLC. There is no legal relationship between Ka Pilina and Burning Man.
Ka Pilina (“Ka Pilina”) is a charitable and educational arts and community nonprofit corporation..
PRIVACY POLICY
Ka Pilina respects and protects the privacy of the individuals that use the Ka Pilina Website. Individually identifiable information about you is not willfully disclosed to any third party without first receiving your permission, as explained in this privacy policy ("Privacy Policy").
Cookies
A cookie is a piece of data that identifies you as a unique user. The Ka Pilina Website may use cookies. Ka Pilina will not disclose its cookies to third parties except as required by a valid legal process such as a search warrant, subpoena, statute, or court order.
Most browsers accept cookies. You can reset your browser to refuse cookies. Some parts of the Ka Pilina Website may not function properly if you refuse cookies.
Personal Information
Ka Pilina does not collect any information about you except when you knowingly provide such information. Ka Pilina Website may save information such as time of day, browser type, browser language, and IP address with each posting.
Disclosure
Ka Pilina may review and analyze aggregate information about Ka Pilina Website Members but will not share personally identifiable information with any third party without your express consent, except if required to do so in order to comply with any valid legal process such as a search warrant, subpoena, statute, or court order.
Consent
By using the Ka Pilina Website, you consent to the collection and use of your information as we have outlined in this policy and to our Terms of Service Policy. Ka Pilina may decide to change this Privacy Policy from time to time without individual notice. Ka Pilina will post changes on this page.
Contact
The Ka Pilina Website Administrator for notice of claims of infringement can be reached as follows:
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TERMS OF SERVICE AGREEMENT
By using the Ka Pilina Website, you agree to the following Terms of Service ("Agreement"). As a User and Member of the Ka Pilina Website, you indicate your acceptance of these Terms of Service upon registration.
This Agreement sets out the legally binding terms of your use and your membership in the Ka Pilina Website and may be modified by Ka Pilina at any time and without prior notice, such modifications to be effective upon posting by Ka Pilina. You can always review the most current version of the Terms of Service at [url]. This Agreement includes Ka Pilina’s acceptable use policy for content posted on the Ka Pilina Website, and any notices regarding the Ka Pilina Website.
You are also responsible for familiarizing yourself with and adhering to the Ka Pilina Website Community Guidelines.
Eligibility
Membership in the Ka Pilina Website is void where prohibited. By using the Ka Pilina Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and you agree to abide by all of the terms and conditions of this Agreement.
Membership Registration
In consideration of your use of the Ka Pilina Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Ka Pilina Website’s registration form; 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 Ka Pilina has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ka Pilina has the right to suspend or terminate your account and refuse any and all current or future use of the Ka Pilina Website (or any portion thereof).
Member Account, Password and Security
You will receive a password and account designation upon completing the Ka Pilina Website'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 Ka Pilina 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. Ka Pilina cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Term
This Agreement will remain in full force and effect while you use the Ka Pilina Website and/or are a Member. You may terminate your membership at any time, for any reason by contacting the Ka Pilina administrators.
Non Commercial Use by Members
The Ka Pilina Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and may not use the Ka Pilina Website for any purpose.
Proprietary Rights in Content Posted on the Ka Pilina Website
Ka Pilina does not claim ownership of content you submit or make available for inclusion on the Ka Pilina Website. Each member owns and retains all proprietary rights to the content they provide on the Ka Pilina Website. However, with respect to content you submit or make available for inclusion on the Ka Pilina Website, you may not copy, modify, publish, transmit, distribute, perform, display or distribute any proprietary information which you do not own or control, have written permission to disclose or unless such information is in the public domain. Additionally, you hereby grant Ka Pilina a world-wide, irrevocable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display content you submit or make available for inclusion on the Ka Pilina Website solely for the purposes of providing the Content submitted on the Ka Pilina Website.
Content Posted on the Site
You understand and agree that Ka Pilina may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Ka Pilina violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
You may not create or maintain any user accounts that misrepresent yourself, by declaration or implication, as any other real-life person, living or dead.
You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Ka Pilina Website, or transmit to other Members.
Illegal and/or unauthorized uses of the Ka Pilina Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Ka Pilina Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
Unacceptable Use
The following is a partial list of the kind of Content that is illegal or prohibited on the Ka Pilina Website. Ka Pilina reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending post from the Ka Pilina Website and terminating the membership of such violators, in connection with all available civil, criminal, and injunctive remedies. You agree not to use the Ka Pilina Website to:
► 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;
► harasses or advocates harassment of another person;
► upload, post, email, transmit or otherwise make available any advertising, promotional materials, "junk mail," "chain letters," or any other form of unsolicited mass mailing or "spamming";
► upload, post, email, transmit or otherwise make available any Content that information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, tortious or libelous;
► upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including, but not limited to, providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, and providing pirated music or links to pirated music files;
► upload, post, email, transmit or otherwise make available any Content that contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;
► upload, post, email, transmit or otherwise make available any Content that displays legally pornographic under the laws of The United States or sexually exploitive material of any kind, upload, post, email, transmit or otherwise make available any Content that provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
► upload, post, email, transmit or otherwise make available any Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
► upload, post, email, transmit or otherwise make available any Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
► engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes;
► upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interfere with the Ka Pilina Website and/or any computer software or hardware or telecommunications equipment;
► 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);
► interfere with or disrupt the Ka Pilina Website or servers or networks connected to the Ka Pilina Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Ka Pilina Website.
There is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.
You must use the Ka Pilina Website in a manner consistent with any and all applicable laws and regulations.
You acknowledge, consent and agree that Ka Pilina 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 Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for information; or (e) protect the rights, property, or personal safety of Ka Pilina, its users and the public.
Intellectual Property
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Ka Pilina Website in a way that constitutes infringement, please provide the Ka Pilina Website administrator with the following information:
► an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
► a description of the copyrighted work that you claim has been infringed;
► a description of where the material that you claim is infringing is located on the Ka Pilina;
► your address, telephone number, and email address;
► a written 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 owner or authorized to act on the copyright owner's behalf.
International Use
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.
Use and Storage
You agree that Ka Pilina 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 Ka Pilina Website. You acknowledge that Ka Pilina reserves the right to cancel accounts that are inactive.
Contact
The Ka Pilina Website Administrator for notice of claims of infringement can be reached as follows:
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
Disputes
You are solely responsible for your interactions with other Ka Pilina Website Members. Ka Pilina reserves the right, but has no obligation, to monitor disputes between you and other Members.
Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE Ka Pilina Website IS AT YOUR SOLE RISK. THE Ka Pilina Website IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Ka Pilina 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. Ka Pilina MAKES NO WARRANTY THAT (i) THE Ka Pilina Website WILL MEET YOUR REQUIREMENTS, (ii) THE Ka Pilina Website WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Ka Pilina Website WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Ka Pilina Website 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 Ka Pilina OR THROUGH OR FROM THE Ka Pilina Website SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Ka Pilina 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 Ka Pilina HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE Ka Pilina Website; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Ka Pilina Website; OR (iv) ANY OTHER MATTER RELATING TO THE Ka Pilina Website. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Ka Pilina’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Ka Pilina FOR THE Ka Pilina Website DURING THE TERM OF MEMBERSHIP.
Termination
You agree that Ka Pilina may without prior notice to you immediately terminate your account, any associated email address, and access to the Ka Pilina Website. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement 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 Ka Pilina Website (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your account includes (a) removal of access to all offerings within the Ka Pilina Website, (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 Ka Pilina Website. Further, you agree that all terminations for cause shall be made in Ka Pilina’s sole discretion and that Ka Pilina shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Ka Pilina Website.
Disputes
If there is any dispute about or involving the Ka Pilina or the Ka Pilina Website, by using the Ka Pilina Website, you agree that the dispute will be governed by the laws of the province of British Columbia, The United States without regard to its conflict of law provisions. You agree to personal jurisdiction by and submit to venue in the provincial and federal courts in the city of Vancouver, British Columbia, The United States.
Indemnity
You agree to indemnify and hold Ka Pilina, its members, volunteers, affiliates, officers, agents, and other partners, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees and costs, made by any party due to or arising out of your use of the Ka Pilina Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
No Agency
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Ka Pilina and any User of the Ka Pilina Website.
Other
This Agreement, accepted upon use of the Ka Pilina Website and further affirmed by becoming a Member of the Ka Pilina Website, contains the entire agreement between you and Ka Pilina regarding the use of the Ka Pilina Website. The failure of Ka Pilina to exercise or enforce any right or provision of these Terms of Service shall not constitute a subsequent or prospective waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Please contact us with any questions regarding this agreement.
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Terms and Conditions 
