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TERMS OF USE

Acceptance

By visiting this Website, http://hukilaumarketplace.com/, http://shop.polynesia.com/, and all other affiliated websites utilized currently or developed in the future, you accept and agree to be bound and abide by these Terms of Use (“Terms”). Please read them carefully.  If you do not agree to these Terms, you must not access or use this Website or any of its affiliated websites.

This Website is owned by The Polynesian Cultural Center (“PCC”). The PCC reserves the right to withdraw or amend this Website, and any service or material provided on the Website, in its sole discretion without notice. The PCC will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

User Conduct

You must follow any policies made available to you within our Services. You agree to use this Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others, or otherwise cause damage to the Website or its content. You agree not to use the Website in any manner that might interfere with the rights of third parties.

Privacy and Your Information

Your information is subject to the PCC’s Privacy Policy. For more information, see our full Privacy Policy, which explains how we treat personal data and protect our User’s privacy when utilizing our on-line services. By using our Services, you agree that the PCC can use such data in accordance with our Privacy Policy.

Creating an Account

Some of our sites provide the ability to create a user Account. By creating an Account, you agree that you are 13 years or older and are not barred from using the Services under applicable law. When creating an Account, you may be required to provide certain personally identifiable information (PII) about yourself and must establish a username and a password. You agree to provide accurate, current and complete information about yourself when creating an Account.

When creating an Account, you agree not to:

  1. Provide any false PII to us (including a false username) or create any Account for anyone other than yourself without such other person’s direction;
  2. Use a username that is the name of another person with the intent to impersonate, exploit, or harm that person;
  3. Use a username that is subject to rights of another person without appropriate authorization;
  4. Use a username that is offensive, vulgar, obscene, or otherwise in bad taste; or
  5. Register more than one account with the purpose of creating a “dummy” account. The PCC may decide at its sole discretion that the account in question is a “dummy” account and terminate the account.

The PCC reserves the right to suspend or terminate your Account at any time if in its opinion you have violated any provision of these Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You, not the PCC, are fully responsible for activities that occur on or through your Account, including the legality, reliability, accuracy and appropriateness of your Account activities.

 

Specific Prohibited Uses

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials on or through the Website. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of your posting on or through the Website. You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website for any of the following:

  1. Posting and/or submitting any information which is incomplete, false, inaccurate, or not your own;
  2. Impersonating another person or allowing any other person or entity to use your identification to post or view comments;
  3. Engaging in or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any local, state, federal or international law or regulation or which fails to comply with accepted Internet protocol;
  4. Posting and/or submitting material that is copy written or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
  5. Posting and/or submitting material that reveals trade secrets, unless you own them or have the permission of the owner;
  6. Posting and/or submitting material that infringes on any other intellectual property, privacy or publicity rights of another;
  7.  Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by the PCC, may harm the PCC or users of the Website or expose them to liability;
  8. Transmitting or transferring (by any means) information or software derived from the Website to foreign countries or certain foreign nations in violation of US export control laws; and
  9. Attempting to interfere in any way with the Website's or the PCC networks or network security, or attempting to use the Website's service to gain unauthorized access to any other computer system.

 

Security Rules

 

Violations of system or network security may result in civil and/or criminal liability. The PCC will investigate occurrences and may involve and cooperate with law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, the following:

 

  1. Accessing data not intended for such use or logging into a server or account which user is not authorized to access;
  2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; and
  3. Attempting to interfere with service to any user, host or network, including and without limitation, submitting a virus to the Website, overloading, "flooding", "mailbombing", "crashing" or sending unsolicited e-mail, including promotions and/or the advertising of products or services.

International Use – Consent to Processing

The PCC controls and operates the Website from our offices in the United States of America, and all information is processed within the United States and in accordance with all local, state, federal and international laws. Persons who choose to access the Website and/or Social Media platforms from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to comply with all applicable local, state, federal, and international laws, rules and regulations in connection with your use of the Website. Without limiting the generality of the foregoing, 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.

If you access the Website from locations outside the United States you agree that any information you provide to, or though the Website may be processed in the United States.

Termination of Usage

The PCC may terminate or suspend your access to all or part of the Website, without notice, at the PCC's sole discretion. Such termination or suspension of access may occur, without limitation, for any conduct that the PCC, in its sole discretion, believes is a violation of these Terms, is in violation of any applicable law, or is harmful to the interests of the public, another user, customer, recipient, licensor, content or service provider, the PCC, or its corporate parent(s) or affiliates.

Applicable Law

All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto shall be governed in all respects by the laws of the State of Hawaii, excluding its rules governing conflict of laws. You agree that any claim or dispute you may have against the PCC must be resolved by a court located in Honolulu County, Hawaii. You agree to submit to the personal jurisdiction of the courts located within Honolulu County, Hawaii for the purpose of litigating all claims or disputes, although the PCC retains the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

Inaccuracy Disclaimer

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, events, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Pricing and Availability Disclaimer

Some of the products displayed on the Website are available in select stores at the Polynesian Cultural Centers. In some cases, merchandise displayed for sale in PCC sponsored stores may not be available on-line.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any product (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the product.

Written Polynesian Diacritical Markings

The PCC is committed to representing the Islands of Polynesia respectfully and accurately. Within the Mission Statement of the Polynesian Cultural Center, it states that “we will preserve and portray the cultures, arts and crafts of Polynesia”.  As such, the Polynesian Cultural Center is well versed in the appropriate meaning, pronunciation and visual presentation the various Polynesian languages, including the utilization of an array of diacritical and language specific markings. Due to the inability of the PCC to control how such markings will display on various computer platforms and browser versions, and to avoid any platform ‘miscoding,’ the PCC has determined that the best representation of Polynesian culture is to not utilize the diacritical or other language-specific markings on-line when such use may result in misrepresenting the written word. 

LIMITATION OF LIABILITY

NEITHER THE POLYNESIAN CULTURAL CENTER, ITS CORPORATE PARENT(S), OR AFFILIATES, NOR ANY RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, OR INABILITY TO USE THIS WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY OR WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

You agree to defend, indemnify, and hold the Polynesian Cultural Center and its corporate parent(s) and affiliates, and its and their respective directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website or any affiliated websites, your violation of these Terms or your posting or transmission of any materials on or through the Website.

Waiver

The failure of the PCC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Severed Provisions

If any provision of these Terms is unenforceable, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions.

The PCC reserves the right to correct, change, remove or update these Terms from time to time,without notice, as they deem appropriate.

© Polynesian Cultural Center. 2016. All rights reserved.

 

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