KahiKai Terms of use

1 INTRODUCTION

1.1 We welcome you to KahiKai, a marine related networking service operated by KahiKai Ltd and its affiliates.

1.2 This agreement describes the terms and conditions for the use of KahiKai (which represents several top-level domains, including but not limited to KahiKai.com). Membership in KahiKai confirms that you have read and accept these terms of use, and that you agree to be bound by them.

1.3 We reserve the right to modify and amend these terms of use from time to time, for any reason, and without prior notice; use of the website as a member indicates your acceptance of any changes. You are responsible for regularly reviewing these terms of use.

1.4 We reserve the right to suspend or terminate, at our discretion, a member’s account for violations of our rules, guidelines, or terms of use.

2 MEMBERSHIP CONDITIONS

2.1 Our website and membership are not available to the general public and require an invitation by an existing member of KahiKai Members are expected to invite only respected persons within their own real-world communities and not individuals who might bring discredit to or harm the reputation of KahiKai and our community.

2.2 By having a membership account in KahiKai, you acknowledge that you meet our requirements for membership. As a member, you may not have more than one membership account, nor may you open an alternative account if your membership is suspended, shifted outside of KahiKai.com, or terminated for any reason. You may not sell, trade, or transfer a membership account to another person, nor accept or use an account that was not originally yours. If an account violates these conditions, the account will be terminated immediately.

2.3 Your participation in KahiKai is based upon the assumption that all information you provide regarding yourself is truthful and accurate. Misleading or false information is sufficient reason for us to terminate your account.

2.4 You may not use a pseudonym or alias.

2.5 We reserve the right to change or adjust membership criteria and to make changes in the existing membership at any time and without prior notice.

3 CONDITIONS OF USE AND SERVICE

3.1 Your use of KahiKai is in accordance with these terms of use, and KahiKai may deny service or membership without prior notice if you fail to comply with them.

3.2 KahiKai is made available for personal and individual use. Businesses and other legal entities may not use KahiKai for any purpose without our express consent.

3.3 We provide a platform and environment for networking and sharing information. If members enter into agreements with other members through KahiKai, we are not a contracting party to these agreements and cannot be held liable or accountable regarding these agreements.

3.4 We reserve the right to remove any content posted by you or other members at our sole discretion, for reasons including but not limited to that it is unlawful, threatening, libelous, defamatory, fraudulent, obscene or otherwise objectionable, or because it may infringe or violate any party’s intellectual property or privacy.

3.5 While we do our best to monitor the content of the website, you understand and agree that you may encounter material with which you disagree or find objectionable, and that you use the website with this understanding and acceptance, and do not hold KahiKai liable.

3.6 We do not endorse, support, or ensure the accuracy, truthfulness, or reliability of any content posted in the websiteÕs forum or elsewhere, nor does KahiKai endorse opinions expressed in the forum or elsewhere.

3.7 KahiKai reserves the right to make changes to the website or our service without prior notice, and to charge for the our services or for particular features, and to modify any fees or services without prior notice.

3.8 By posting or submitting content or information on the website, you automatically grant KahiKai a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right to display such content on our website.

4 YOUR MEMBERSHIP RESPONSIBILITIES

4.1 We wish to have a friendly, intimate and secure community for our members. This is a private website where members have the expectation of privacy and confidentiality. We are a community of global diversity, with members from nearly every culture and country. Expectations and behaviour will be equally diverse, so to help provide a comfortable environment for all members, we have rules. Your use of KahiKai confirms that you understand and accept these rules, and will follow them.

4.2 Please do not use the KahiKai name or logo for any purpose, event or promotion without our express consent.

4.3 Trust and confidence are paramount within KahiKai. Falsely misrepresenting your identity, including the use of a pseudonym or alias, or your profile information will result in your member account being suspended or terminated.

4.4 You may not monitor, data-mine, or copy our web pages or any content within the site, nor collect, archive, trade or sell any personal data or communications about other members.

4.5 The use of any robot, spider, site search or retrieval application, or any other device to copy, retrieve, archive or index any portion of KahiKai, is not permitted.

4.6 You may not distribute, display or publish in any form, electronic or print, any content from the website or the names of any members without our express consent, nor can you share, transmit or sell any content on the website with anyone who is not a member of KahiKai, for whatever reason.

4.7 We want to keep KahiKai free from intrusions. You will not send or distribute unsolicited or KahiKai advertising, promotional materials, junk mail, chain letters, spam, pyramid schemes, or any other type of solicitation to other members, nor will you stalk, harass or unreasonably disturb any other member.

4.8 You alone are responsible for the confidentiality and security of your accountÕs username, password and usage. You are also accountable for all activities regarding your account, with or without your knowledge or permission. If you knowingly provide your log-in information to another person, your membership may be suspended temporarily or terminated. KahiKai assumes no liability for activities of your account accessed through your password and username.

4.9 You may not use KahiKai for any illegal purpose in any country or jurisdiction.

4.10 You cannot post content or initiate any communications that we consider libelous, scandalous, abusive, obscene, discriminatory, unlawful, or otherwise objectionable.

4.11 It is not permitted to make available any content or initiate communication that infringes upon the patents, trademarks, trade secrets, copyrights or other proprietary rights of third parties, whether personal, corporate or governmental.

5 DATA and INFORMATION PROTECTION

5.1 KahiKai is based upon trust and privacy. All personal information provided to KahiKai is treated with the utmost confidence and care.

5.2 We will not disclose any personal data to any third party without being entitled to do so and with your express permission.

5.3 While we make every effort to keep KahiKai a trusted and safe environment, KahiKai cannot be held liable should content you have posted on the website that is viewable by members be copied or distributed elsewhere.

5.4 Access to your private account information is limited to webmasters and management of KahiKai. No other employees, contractors or third parties will have access to this information without your express permission.

5.5 KahiKai may access, preserve, and disclose the contents of your account if required to do so by law, or in the belief that such actions are reasonably necessary to comply with legal requirements or to protect the rights and property of KahiKai.

6 TERMINATION OF YOUR ACCOUNT

6.1 You may terminate your account at any time without cause, penalty or explanation.

6.2 KahiKai may, at our discretion and with or without cause, immediately terminate your member account and all access to the website without prior notice. Any account termination by us may take into account the business interests of KahiKai and the interests of the community as a whole.

6.3 Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and other provisions of these terms and conditions continue after termination of your membership. We will not be liable to you or any third-party for the termination of your member account. If your account is terminated, you may not reenter KahiKai without our express permission.

7 DISCLAIMERS AND LIMITATIONS

7.1 Disclaimer of Warranties: KahiKai Ltd and its affiliates, licensors, partners, suppliers, consultants and agents (” KahiKai “) disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability, or availability of information or materials displayed on any of our websites. KahiKai disclaims any and all responsibility and liability for the conduct of any member. The KahiKai service, and all materials, information (including, without limitation, any information or materials obtained or accessed through the KahiKai websites), products and services included therein are provided “as is,” with no warranties whatsoever. KahiKai expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you. You agree that your use of the KahiKai is entirely at your own risk. You agree to hold harmless and indemnify KahiKai from and against any third-party claim arising from or in any way related to your use of our services and website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees, of every kind and nature.

7.2 Limitation of Liability: Under no circumstances will KahiKai be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your use of KahiKai, whether or not KahiKai has been advised of the possibility of such damages. Such limitation of liability shall apply (i) whether the damages arise from use or misuse of and reliance on the KahiKai service, from inability to use KahiKai, or from the interruption, suspension, or termination of the KahiKai website (including such damages incurred by third parties), and (ii) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.

7.3 Miscellaneous Provisions: These terms and conditions will be governed by and construed in accordance with the laws of England, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in England, United Kingdom. If for any reason a court of competent jurisdiction finds any provision or portion of these terms and conditions to be unenforceable, the remainder of the terms and conditions will continue in full force and effect. You shall not assign these terms and conditions or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Without limiting the foregoing, under no circumstances shall KahiKai be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. These terms of use constitute the entire agreement between you and KahiKai with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the terms and conditions by a party will be effective only if in writing and signed by a party.

7.4 Copyright and Trademarks: KahiKai Ltd and its affiliates and licensors own and retain all rights in the KahiKai website and service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. ” KahiKai ” and ” KahiKai.com ” are trademarks of KahiKai Ltd. All content on KahiKai.com is copyright KahiKai Ltd.