AGREEMENT BETWEEN USER AND HEAVEN ON EARTH
HEAVEN ON EARTH reserves the right to change the Website as well as the terms, conditions and notices under which the Website is offered, including but not limited to any charges associated with the use of the Website. You are responsible for regularly reviewing these terms and conditions. Your use of the Website shall be conclusively deemed an acceptance of these terms.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise agreed in writing by HEAVEN ON EARTH, the Website is for your personal and non-commercial use. HEAVEN ON EARTH grants you a limited, revocable and nonexclusive license to access and make personal use of the Website. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer exploit for any commercial purpose, or sell any content, information, software, products or services obtained from the Website without express written consent from HEAVEN ON EARTH. You may not create a hyperlink to the Website on any other website or location on any computer network without express written consent from HEAVEN ON EARTH.
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
TRADEMARKS AND COPYRIGHTS
All content on Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, together with the compilation of all content on the site, is the exclusive property of HEAVEN ON EARTH or its content suppliers and protected by United States and international copyright laws. Unauthorized duplication is a violation of these laws, and may subject you to civil and criminal penalties.All content on Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, together with the compilation of all content on the site, is the exclusive property of HEAVEN ON EARTH or its content suppliers and protected by United States and international copyright laws. Unauthorized duplication is a violation of these laws, and may subject you to civil and criminal penalties.
HEAVEN ON EARTH and other marks indicated on the website are registered trademarks of HEAVEN ON EARTH or its affiliates, in the United States and other countries. HEAVEN ON EARTH graphics, logos, page headers, button icons, scripts and services names are trademarks and trade dress of HEAVEN ON EARTH or its affiliates. HEAVEN ON EARTH’s trademarks and trade dress may not be used in connection with any other party’s product or service, in any manner that is likely to cause confusion among consumers, or in any manner that disparages, dilutes or is harmful to the HEAVEN ON EARTH. All other marks not owned by HEAVEN ON EARTH or its affiliates are the property of their respective owners.
You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information of HEAVEN ON EARTH or its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing HEAVEN ON EARTH’s name or trademarks without HEAVEN ON EARTH’s express written consent.
NOTICE OF COPYRIGHT INFRINGEMENT
HEAVEN ON EARTH respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright or trademark infringement, please mail the following information to Copyright Infringement Department, HEAVEN ON EARTH 1050 Alakea Street,Honolulu Hawaii 97813 phone: 808-599-5501, fax: 808-599-5501email: firstname.lastname@example.org.
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 site;
Your address, telephone number and email address;
A 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; and
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.
The Website does not sell products for purchase by children, nor is it designed for use by children. Our products are only for purchase by adults. If you are under 18, you may use the Website only with the supervision of a parent or guardian.
LINKS TO THIRD PARTY SITES
The Website may contain links to other websites (”Linked Sites”).
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you warrant to HEAVEN ON EARTH that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use Website in any manner, which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
USE OF COMMUNICATION SERVICES
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). Your use of the Website constitutes your agreement to use the Communication Services only to post, send and receive messages and material that are related to the particular Communication Service and not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; Conduct, send or forward surveys, contests, pyramid schemes, chain letters, mass mailings or any form of “spam”; Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; Use a false email address, impersonate any person or entity or otherwise mislead anyone as to the origin of any communication or content; Restrict or inhibit any other user from using and enjoying the Communication Services; Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; Harvest or otherwise collect information about others, including e-mail addresses, without their consent; or Violate any applicable laws or regulations.
HEAVEN ON EARTH reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HEAVEN ON EARTH’s sole discretion.
WARRANTY, RISK OF LOSS & PRODUCT DESCRIPTIONS
All items purchased from HEAVEN ON EARTH are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier. HEAVEN ON EARTH and its affiliates try to be as accurate as possible in describing products offered for sale to users. However, HEAVEN ON EARTH does not warrant that product descriptions or other content of Website are accurate, complete, reliable, current or error-free. If a product offered by HEAVEN ON EARTH is not as described, your sole and exclusive remedy is to return the product, postage or shipping prepaid, in unused condition.
IN NO EVENT SHALL HEAVEN ON EARTH AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HEAVEN ON EARTH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Any dispute relating in any way to the Website or to products you purchase through the Website shall be submitted to confidential arbitration in Honolulu, Hawaii, except that, to the extent you have in any manner violated or threatened to violate HEAVEN ON EARTH’s intellectual property rights, HEAVEN ON EARTH may seek injunctive relief or other appropriate relief in any state or federal court in the state of Hawaii, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. the arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to the agreement, whether through class arbitration proceedings or otherwise.