Terms of Use

By using HawaiiPictures.com ("Website") owned and operated by Hawaiian Art Network LLC ("Owner"), you agree to abide by these terms of use. If you do not agree to these terms of use you may not use this website. The purpose of the HawaiiPictures.com website is to sell Hawaii related Media ("Media" includes pictures, photos, videos, graphics, vectors, qtvr, prints, and software). You agree to comply with any and all copyright statements on the Website regarding use rights and our Media License Agreement.

HawaiiPictures.com and the Media contained on its servers is intended for Visitors ("Visitors" entities wishing to view Media only) to the Website and Customers ("Customers" entities wishing to view and license specific rights to Media) offered by Artists ("contributors, photographers, videographers, graphic designers") through the Website.

You may not use any Media on the HawaiiPictures.com website for any purpose not expressly permitted. Hawaiian Art Network LLC reserves the right to pursue unauthorized users of any Media, image, or video. If you violate our intellectual property or the intellectual property of the Artists we represent, you may be liable for: actual damages, loss of income, and profits you derive from the use of the Media, and, where appropriate, the costs of collection and/or statutory damages up to $150,000 (USD).

CUSTOMERS

Customers wishing to purchase rights to Media that is available for licensing on HawaiiPictures.com will be required to register on the Website and provide contact and end user information as well as a valid credit card at the time of purchase.

All registered Customers of the HawaiiPictures.com Website agree that:

  1. All transactions constitute a legal binding agreement between you, the Artist, and HawaiiPictures.com
  2. HawaiiPictures.com and its Owner make no representations or warranties with respect to the ownership, trademark, copyright, or other rights associated with Media.
  3. HawaiiPictures.com and its Owner is indemnified against any cost, expense, or loss occurring as a result of any violation of intellectual property rights.
  4. The use of all Media will be restricted in accordance with the Website Terms of Use and Media License Agreement posted on HawaiiPictures.com at the time of purchase.
  5. Your personal and credit card information will be used as necessary to complete your purchase on the website. 

ARTISTS

Artists wishing to show their Media on HawaiiPictures.com will need to agree to the Artist Contract located on the Website. As an Artist, you have the right to upload, post, sell, and distribute media using the website in accordance with our Terms of Use and Artist Contract. You agree that HawaiiPictures.com may store, copy, publish, and distribute your Media. You represent and warrant that you have the ownership rights to grant HawaiiPictures.com permission to do so. You may terminate your account at any time by notifying support@hawaiipictures.com. HawaiiPictures.com prohibits the use of customer information being used by Artists for the purpose of completing a transaction outside the website.

When offering Media for sale on the HawaiiPictures.com website, Artist will choose the license type and rights available and may select the price all licenses except for rights-managed licensing.

WEBSITE FUNCTION

Owner will make efforts to ensure that the HawaiiPictures.com website experiences minimal outages or malfunctions. Owner reserves the right to remove any content from HawaiiPictures.com for any reason including maintenance of the Website. If our website functionality is be interrupted or offline due to technical reasons, owner will not be liable for any lack of availability or disruption of service. Owner makes no claim that HawaiiPictures.com will be used in a lawful manor by our Visitors and Customers.

VISITORS AND CUSTOMERS

As a visitor and/or Customer of the HawaiiPictures.com website, you agree that:

  1. You will not use the Website or any Media or content contained on it to violate any international, federal, state, or local law.
  2. You will not transmit or post any text or material to the website that is unlawful, threating, abusive, vulgar, pornographic, offensive, or illegal.
  3. You will not post or transmit any text or material that violates any intellectual property rights.
  4. You will not cause harm to or violate any persons privacy rights though use of the website.
  5. You will not upload any material which may cause harm to the website including email spam, comment and rating spam, bulk mail, or harmful software.
  6. You will not create a false identify or attempt to post any false information.

Owner reserves the right to suspend or terminate the rights of any Visitor or Customer that violates these rules or engages in offensive behavior.

MEDIA LICENSING

All media bought or sold will be subject to the Media License Agreement located on the Website and the applicable license contained therein.

CUSTOMER ACCOUNTS

All Customers are required to create a password at sign-up. Customers are responsible for all actions taken under their account on the Website. You are responsible for maintaining the security of your password and agree not to reveal your password to any other party not authorize by you to access your account. Customers are responsible for all activity occurring on the website though their account. You agree to contact HawaiiPictures.com if your password has been lost or stolen. HawaiiPictures.com will take reasonable precautions to protect your data on and off-line but is not liable for any unauthorized use of data loss or use occurring as a result of unauthorized access to your account.

OWNERSHIP

All materials on the HawaiiPictures.com website including images, graphics, videos, code, and software that has not been uploaded by Artists is the property of Owner and protected by United States and International law. No material from HawaiiPictures.com other then Media contributed by Artists that is available for licensing may be used, reproduced, published, or distributed.

TERMINATION

HawaiiPictures.com may terminate any Artist or Customer account at any time for any reason. Termination will not resolve or limit any liability Customer or Artist may have to Owner occurring prior to termination.

TERMS OF USE CHANGES

Owner reserves the right at our sole discretion to modify these terms of use and other materials at any time for any reason. Any changes made to these materials will be effective upon display at the HawaiiPictures.com website. You are responsible for checking these terms of use for any changes or updates that may occur.

LINKS TO OTHER SITES

HawaiiPictures.com provides hypertext and advertising links to and from other websites outside of our control. HawaiiPictures.com is not responsible for any representation or warranty for sites linking to or from this website.

DISCLAIMER

HawaiiPictures.com and Owner are not responsible for any failure in the storing or accessing of Media stored on the website. All Artists are encouraged to back-up Media displayed on HawaiiPictures.com at another secure location of their choosing.

The Website is offered on a "as is" basis. Owner makes no warranty that the Website will meet your expectations or will be satisfactory or error-free in any way. Owner is not responsible for the completeness of our help section, quality of search results, comments, or media ratings by Visitors. Use of the Website is at your own risk.

Owner disclaims any liability or responsibility for the completeness, legality of Media, operation, and availability of the Hawaii Pictures.com website. By using HawaiiPictures.com, you agree that Owner is not responsible or liable from harm resulting from:

  1. Using the website.
  2. Downloading media from the site.
  3. Unauthorized disclosure of media that is stored on the website.
  4. An inability to access or retrieve any media stored on the website.
  5. Destructive software such as viruses, spyware, or Trojan Horses.
  6. Inaccuracies in statistics and data provided by the website.
  7. Comments posted about Artist or Media by Visitors.

LIMITED LIABILITY

Neither Owner nor its employees shall be liable for any loss or damages occurring as a result of using or an inability to use the Website. This includes direct or indirect consequential or punitive damages, damages as a result of loss of use, sales, data, or media, site functionality problems, and damage resulting from harmful software. Owners collective liability will be limited to $500. In jurisdictions that do not allow for the limit or exclusion of liability for incidental or consequential damages, the liability of Owner and its employees will be limited to the greatest extent allowed by law.

By using the HawaiiPictures.com, you agree to hold harmless Owner, its employees, and Artists from all claims, losses, liabilities, damages, and expenses related to:

  1. Your use of HawaiiPictures.com and its Media.
  2. Any breach by you of these Terms of Use.
  3. Any legal violation or violation of any entities third-party rights.
  4. Any claim of defamation or slander.

Your obligations survive the termination or expiration of these Terms of Use and your Visitor, Customer, or Artist status.

APPLICABLE LAW

Any disputes arising out of these Terms of Use will be resolved under the laws of the State of Hawaii, without regard to its conflict of law rules. The parties consent to the exclusive jurisdiction of the County of Hawaii located in the State of Hawaii in all disputes relating to these Terms of Use, your use of the Website, or services provided by Owner. The interpretation of this agreement shall be governed by the laws of the State of Hawaii, United States of America. Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in the County of Hawaii located in the State of Hawaii pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of Hawaii. If recipient of this contract is an agent for or an employee of a non-U.S. company but operates in a place of business in the United States or its territories, said recipient expressly agrees that any dispute regarding this contract shall be adjudicated within the United States in the manner described here. Copyright claims shall be brought in the Federal Court having jurisdiction. If HawaiiPictures.com is caused to present claims or suit to you as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by recipient or user herein.

COMPLETE AGREEMENT

This Artist Contract, Media License Agreement, Website Terms of Use, and Website Privacy Policy constitute the entire agreement between the parties about the subject. These Terms of Use replace all prior agreements and understandings either written or oral on this subject and constitute a legally binding contract between you and Hawaiian Art Network.

MISCELLANEOUS

Any failure of Owner to assert or enforce any rights contained in these terms of use will not constitute a waver of such rights. If any portion of any provision of these terms of use is found invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full. Headings used in these terms of use have no legal significance.