TERMS OF USE
Thank you for visiting royalhawaiiancenter.com (the “Website”), which is owned by RHC HOLDINGS LLC (“RHC”). These Terms of Use govern your use of the Website. If you have any questions about the Website or these Terms of Use, please contact us using the following information:
Royal Hawaiian Center
2201 Kalakaua Avenue
Honolulu, HI 96815
TABLE OF CONTENTS
· Effective Date
· Your Acceptance of the Terms of Use
· Ownership of This Website and Its Content
· Trademarks
· Prohibited Uses
· Disclaimers of Warranties
· Limitation of Liability
· Reliance on Information Posted
· Links to Third-Party Websites
· Modification and Discontinuation
· Waiver and Severability
· Governing Law and Jurisdiction
· Indemnification
· Changes to Terms of Use
· Entire Agreement
Last Modified: 05/02/2022
ACCEPTANCE OF THE TERMS OF USE
By using this Website, you agree to comply with and be bound by these Terms of Use and our Privacy Policy, which is incorporated into these Terms of Use by reference. Before using this Website, please carefully review our Privacy Policy. All Personal Information provided to us as a result of your use of this Website will be handled in accordance with our Privacy Policy. If you do not want to agree to these Terms of Use, you must not access or use the Website.
The Website is intended for use by residents of the United States and its territories and possessions (“U.S.”) or non-residents that agree to use the Website in accordance with U.S. laws, these Terms of Use and our Privacy Policy. By using this Website, you represent and warrant that you are of legal age to form a binding contract with RHC and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
OWNERSHIP OF THIS WEBSITE AND ITS CONTENTS
This Website, including all its contents, features, and functionality (collectively, the “Contents”) are protected under applicable intellectual property and other laws, including U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. All Contents and intellectual property rights therein are the property of RHC or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
RHC grants you permission to access and use this Website lawfully and to display, download, or print portions of this Website on a temporary basis and for your personal, noncommercial use only, provided that (i) you do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
You do not acquire ownership rights to the Contents by viewing such Contents on the Website. Except as otherwise stated in these Terms of Use, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Users of the Website other than existing or prospective tenants of the Royal Hawaiian Center must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or its Contents is transferred to you, and all rights not expressly granted are reserved by RHC. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
TRADEMARKS
RHC, Royal Hawaiian Center, the Royal Hawaiian Center logo, and all related names, logos, product and service names, service marks, designs, and slogans (collectively, the “RHC Marks”), are trademarks of RHC or its affiliates or licensors. All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Website are the property of their respective owners. You are not authorized to display or use the RHC Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Website without the prior written permission of such owners.
Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms and Conditions are reserved by Company.
PROHIBITED USES
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material (without our prior written consent), including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate RHC, a RHC employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm RHC or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
DISCLAIMER OF WARRANTIES
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, RHC, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RHC, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
RHC DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED THE FESTIVAL COMPANIES SPOKESPERSONS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL RHC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE 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 ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS CAUSED BY A VIRUS; AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FORESEEABLE.
This Website gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
LINKS TO THIRD PARTY WEBSITES
This Website may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. RHC 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 the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
MODIFICATION AND DISCONTINUATION
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.
WAIVER AND SEVERABILITY
No waiver of by RHC of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RHC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
GOVERNING LAW AND JURISDICTION
All matters relating to the Website and these Terms of Use and any dispute or claim arising from or related to the Website and these Terms of Use (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Hawaii without giving effect to any choice or conflict of law provision or rule (whether of the State of Hawaii or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the a court of competent jurisdiction in the State of Hawaii. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
INDEMNIFICATION
You agree to indemnify and hold The Festival Companies, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Website in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above or applicable laws. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
CHANGES TO TERMS OF USE
We may update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked “Terms of Use” at the bottom of each page of this Website. These changes will be effective as of the date we post the revised version on this Website. Your continued use of this Website after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.
We will update the “Last Modified” date at the top of this page when we post revised Terms of Use. Be sure to check the “Last Modified” date to see if these Terms of Use have been revised since your last visit, as they are binding on you.
ENTIRE AGREEMENT
These Terms of Use (together with our Privacy Policy) contain the entire understanding and agreement between you and RHC with respect to this Website and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and RHC with respect to this Website and your use of this Website.