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 LandMark Images 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 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.
5. Your personal and credit card information will be used as necessary to complete your purchase on 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.
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.
All media bought or sold will be subject to the Media License Agreement located on the Website and the applicable license contained therein.
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.
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.
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.
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.
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.
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.
3. Any legal violation or violation of any entities third-party rights.
4. Any claim of defamation or slander.