Kahi Kai Images website terms and conditions of use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with Kahi Kai Images, its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Kahi Kai Images for violations of these Site Terms.
Ownership of the Site and its Contents
This Site is owned by Photodeck (www.photodeck.com) and contracted by Kahi Kai Images. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, illustrations, and the selection and arrangement thereof ("Kahi Kai Images Content"), is owned by Kahi Kai Images, its licensors, or its third-party image partners.
All elements of the Site, including the Kahi Kai Images Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of the Site
This Site and the Kahi Kai Images Content are intended for customers of Kahi Kai Images. You may not use this Site or the Kahi Kai Images Content for any purpose not related to your business with Kahi Kai Images. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Kahi Kai Images Content without, or in violation of, a written license or agreement with Kahi Kai Images; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Kahi Kai Images Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Kahi Kai Images product or service if you are not expressly authorized by such party to do so; and (e) using the Site or the Kahi Kai Images Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Kahi Kai Images has adopted a policy of terminating, in appropriate circumstances and at Kahi Kai Images' sole discretion, account holders who infringe the intellectual property rights of Kahi Kai Images or any third party.
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement by contacting us here. We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's e-mail address, or by written communication sent by first-class mail to a user's address.
The Kahi Kai Images logo, and any other product or service name or slogan contained in the Site are trademarks of Kahi Kai Images and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Kahi Kai Images or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "Kahi Kai Images" or any other name, trademark or product or service name of Kahi Kai Images without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Photodeck and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You may not use a Kahi Kai Images logo or other proprietary graphic of Kahi Kai Images to link to this Site without the express written permission of Kahi Kai Images. Further, you may not frame any Kahi Kai Images trademark, logo or other proprietary information, including the Kahi Kai Images Content, without Kahi Kai Images' express written consent.
Kahi Kai Images makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Kahi Kai Images and Kahi Kai Images is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Kahi Kai Images provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Kahi Kai Images of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site. Images is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Kahi Kai Images provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Getty Images of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Kahi Kai Images shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Kahi Kai Images immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.
You agree to defend, indemnify and hold harmless Kahi Kai Images, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Kahi Kai Images Content, or your violation of any rights of another.
THIS SITE AND THE KAHI KAI IMAGES CONTENT ARE PROVIDED "AS IS" AND KAHI KAI IMAGES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. KAHI KAI IMAGES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE KAHI KAI IMAGES CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT KAHI KAI IMAGES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE KAHI KAI IMAGES CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE KAHI KAI IMAGES CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Kahi Kai Images uses reasonable efforts to ensure the accuracy, correctness and reliability of the Kahi Kai Images Content, but we make no representations or warranties as to the Kahi Kai Images Content's accuracy, correctness or reliability.
Kahi Kai Images offers a search feature within the Site. Kahi Kai Images explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Kahi Kai Images also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Limitation of Liability
IN NO EVENT SHALL KAHI KAI IMAGES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE KAHI KAI IMAGES CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM KAHI KAI IMAGES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO KAHI KAI IMAGES' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KAHI KAI IMAGES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO KAHI KAI IMAGES FOR ACCESS TO OR USE OF THE SITE.
Notwithstanding any of these Site Terms, Kahi Kai Images reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Kahi Kai Images. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Site Terms
Kahi Kai Images reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.
Questions or comments about the Site or Site Terms may be directed to Kahi Kai Images here.