For Website Usage
Please Read These Terms Carefully
Welcome to HigaTV.com (“Site”) which is owned and operated by HigaTV Productions, LLC (also referred to as “we,” “us” or “our”) with its office contact at PO Box 5081, Hilo, HI 96720. The term “you” or “your” refers to the user or viewer of the Site.
The Terms include any additional terms and conditions that apply to and govern your submissions, postings and use of Web communities, any features, functions and services we may make available to you through the Site, any official rules which apply to your participation in promotions, contests, sweepstakes, award programs, memberships, email and/or newsletters. If, at any time, you do not agree to any of the Terms, you may not use this Site.
Services and Content
Subject to full compliance with the Terms, we may offer to provide certain services and content, as described more fully on the Site, (“Services”). Services shall include, but not be limited to, any service and content we perform for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, user comments, messages, information, data, graphics, articles, photographs, images, illustrations, software, audio clips and video clips, also known as the “Content”) on the Site. We may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, you may be required to register with us and select a password and screen name. If registration is required, you shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your account. If we require registration, you may not (i) select or use as a user ID a name of another person with the intent to impersonate that person; (ii) use as a user ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a user ID a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or cancel a user ID in our sole discretion. You shall be responsible for maintaining the confidentiality of your password.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
- The Content of the pages of the Site is for your general information and use only. It is subject to change without notice, without any liability or obligation to you, with or without notice.
- You are certifying that you are at least 13 years of age and meet all other eligibility requirements for your use of this website.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.
- This Site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the Copyright Notice, which forms part of these terms and conditions.
- Unauthorized use of this Site may give rise to a claim for damages and/or be a criminal offense. You further agree not to use this Site for illegal purposes, interfere or disrupt networks connected to the Site, or solicit and send out “spam” mail using this or to this Site. You may not use this Site in any manner that could damage, disable, overburden, or impair any our server, or the network(s) connected to our server or interfere with any other party’s use and enjoyment of the Site.
- From time to time this Site may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the Content of the linked website(s).
- You may not create a link to this Site from another website or document without HigaTV Production, LLC’s prior written consent.
- In order to access some features on this Site, you may have to create an account. You may never use another’s account without permission and are responsible for the activity that occurs on your account. You must keep your account password secure and notify us of any breach of security or unauthorized use of your account. Although we are not responsible for your losses caused by any unauthorized use of your account, you may be liable for the losses to us or others due to such unauthorized use.
- You will not use or launch any automated system, including without limitation, “robots”, “spiders”, “site search/retrieval application”, etc., that accesses this Site sending excessive request messages to our servers as compared to a conventional on-line web browser.
- You will not transmit to this Site any software virus, worm, defect, Trojan horse or similar destructive or harmful item designed to destroy, interrupt or limit the functionality of any computer software, computer hardware or other equipment.
- You will not collect any personally identifiable information, including account names, nor solicit, for commercial purposes, any users of this Site with respect to their submissions.
- This Site may permit you to upload Content, including, without limitation, audio content, video content, text content or other communications, including text or video blog posts, by you and others (“User Submissions”) and the hosting, sharing and /or publishing of User Submissions, however, whether or not these User Submissions are published, are not subject to any obligations of confidentiality or non-use on our part.
- With regard to User Submissions, by uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Services, unless source quoted, you represent and warrant that you own all rights in the Content and you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sub-licenses of the foregoing.
- You are solely responsible for your submissions and the consequences of posting or publishing them. We reserve the right to, but have no obligation to, monitor or screen the Content transmitted through, displayed or posted through our Site and to remove any content in our sole discretion. You further agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any Content that, for example and not by way of limitation:
- Is harmful, threatening, abusive, harassing, vulgar, hateful or racially, ethnically or otherwise offensive or discriminatory;
- Is indecent, obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner;
- Is unlawful;
- Is libelous, defamatory, or invasive of another’s privacy or publicity rights;
- Infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
- Bears any false, disguised or misrepresentations.
- This Site may use third party messaging services and/or content delivery systems which should you use or connect to, you agree that you will comply with all terms and conditions of use for those services, including without limitation, the proper registration, acquisition and use of a user name and password for such system.
- Your use of this Site and any dispute arising out of such use of the Site is subject to the laws in the state of Hawaii.
- If you have any comments or questions you may address them to firstname.lastname@example.org or via mail addressed to HigaTV Productions LLC, PO Box 5081, Hilo, Hawaii 96720.
You will indemnify and hold harmless HigaTV Productions, LLC, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms by you, or (ii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any Content contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. Any reliance you place on such information is therefore strictly at your own risk. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SUITABILITY, NON-INFRINGEMENT, OR AVAILABILITY WITH RESPECT TO THE SITE OR THE INFORMATION, PRODUCTS, SERVICES OR RELATED GRAPHICS CONTAINED IN THE SITE FOR ANY PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
LIMITATION OF LIABILITY
Every effort is made to keep the Site up and running smoothly. However, HigaTV Productions LLC takes no responsibility for, and will not be liable for, the Site being unavailable due to technical issues.
IN NO EVENT SHALL HIGATV PRODUCTIONS, LLC OR ITS SUPPLIERS, AGENTS OR CONTRACTORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICES OR ANY CONTENT FOR ANY personal injury or property damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Site; nor any unauthorized access to or use of our secure servers and/or any personal information and/or financial information stored therein; nor any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third party; nor any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via the Site, OR FOR LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), or for OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
We may terminate or suspend any and all Services and your account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind us in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. We shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Terms are not assignable, transferable or sublicensable by you. We may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of the state of Hawaii.
HigaTV Productions, LLC, the name “Ryan Higa” and variations thereof, and other HigaTV Productions, LLC graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of HigaTV Productions, LLC in the U.S. and/or other countries. HigaTV Productions, LLC’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
All right, title and interest in and to the Site, including, without limitation, the copyrights thereof, belong to HigaTV Productions LLC, 2010 or its licensors. All rights reserved.
Any redistribution or reproduction of part or all of the Content in any form is prohibited other than the following:
- You may print or download to a local hard disk extracts for your personal and non-commercial use only.
- you may copy the Content to individual third parties for their personal use, but only if you acknowledge the Site as the source of the material
You may not, except with our express written permission, copy, reproduce, broadcast, display, license, distribute or commercially exploit the Content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
YOUR SUBMISSION OF IDEAS
We may accept or consider unsolicited ideas such as ideas for new promotional or marketing activities, processes, new advertising campaigns, new products or new product names. Once submitted by you and received by us, all rights in and to such ideas shall be deemed to be assigned, transferred and conveyed to us and shall become the sole and exclusive property of and shall be credited to us in perpetuity. If you are not agreeable to this assignment, transfer and conveyance of all of your rights, title and interest of your ideas to us, please do not submit any ideas to us.