SONY OPEN IN HAWAII
TERMS OF USE
Date of Last Revision August 2016

I. OVERVIEW

Purpose

We welcome you to Sonyopeninhawaii.com (the “Website”). We ask that you carefully review this Terms of Use agreement (“Agreement”). This Agreement is between you and Friends of Hawaii Charities, Inc. (“FOHC”), a non-profit corporation with its headquarters at 733 Bishop Street, Suite 2160, Honolulu, Hawaii 96813. We have endeavored to avoid unnecessary legal jargon and hope that you understand that we are simply trying to protect our rights in order to provide you with access to the free content available at this site.

Acceptance of Terms

Use of the Website signifies your agreement to the terms and conditions of use set forth below in this Agreement. Specifically, you acknowledge that you have carefully read this Agreement and that you accept all of the terms included in it. If you do not agree to the terms and conditions of use provided, you should leave the Website immediately. If you remain at this site, and/or return thereafter, you agree to be bound by this Agreement.

Changes to this Agreement

FOHC reserves the absolute right to revise this Agreement, in whole or in part, at any time with or without notice and without liability. FOHC also reserves the absolute right to make changes to the Website with or without notice and without liability. This includes but is not limited to the following: (1) FOHC reserves the right to change, suspend and/or discontinue any aspect of the Website, including the availability of any Website feature, database, and/or content; (2) FOHC may impose limits on certain features and services and/or restrict your access to parts or all of the Website; and (3) FOHC may make changes, corrections, and improvements to the Website and to the products and programs described in the Website.

You are responsible for reviewing the most current Agreement periodically. You may access the most current Agreement via a link on the Website homepage. Your continued usage of the Website or any of its services indicates your acceptance of and agreement to any and all changes made.

II. REPRESENTATIONS OF USE & INDEMNIFICATION

Representations of Use

You agree to act responsibly on the Website and to treat other visitors with respect. You agree to respect the privacy rights of other visitors by not publishing and/or harvesting any personal information obtained through the Website.

You represent, warrant and covenant that you are at least eighteen (18) years old and that you shall not upload, post, transmit to, distribute and/or otherwise publish through the Website any materials which:

(i) restrict or inhibit any other user from using and enjoying the Website;
(ii) are unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
(iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law;
(iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
(v) contain a software virus or other harmful component, including, without limitation, viruses or components designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(vi) contain any information, software or other material of a commercial nature;
(vii) contain advertising of any kind;
(viii) constitute or contain false or misleading indications of origin or statements of fact; and/or
(ix) solicit personal information from anyone under the age of 18.

FOHC may delete any content that in its sole judgment may be offensive, illegal, or inappropriate, or which otherwise violates these Terms and Conditions.

FOHC assumes no responsibility for the content and/or any material posted on the Website and has no obligation to monitor inappropriate content. FOHC has no responsibility for the conduct of any user submitting offensive, illegal, or otherwise inappropriate content or material on or to the Website. Further, you agree and shall assume sole and complete liability and responsibility for any content, material, and/or information that you post or transmit on or through the Website.

Indemnification

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD FOHC, AND ALL ITS OFFICERS, DIRECTORS, OWNERS, SUBSIDIARIES, AGENTS, EMPLOYEES, INFORMATION PROVIDERS, AFFILIATES, LICENSORS AND LICENSEES AND THE ASSIGNS OF THE SAME (COLLECTIVELY, THE “FOHC PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND EXPENSES INCURRED BY THE FOHC PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU FURTHER AGREE TO COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. FOHC RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF FOHC.

III. PRIVACY

In General

FOHC may monitor your use of the Website, and may freely use and disclose in its sole and complete discretion any and all information and materials received and/or collected from you through the Website. FOHC has a specific Privacy Policy that describes the information FOHC collects through the Website and the limitations FOHC agrees to place on the use of such information. That Privacy Policy is hereby incorporated as part of this Agreement. The Privacy Policy may be accessed through a link on the homepage of the Website, or by clicking on the following: PRIVACY POLICY

Children

We do not knowingly collect information from children. We ask parents or legal guardians to assist us by supervising the activities of children. This Website is intended for use by adults.

Links

We may provide links to other sites (“third party sites”) as a convenience to our visitors. Also, some third party sites may link to the Website. FOHC has no control over these third party sites and therefore cannot and does not assume responsibility for the content or practices of such sites. Links are not intended to imply sponsorship, affiliation, or endorsement. If you believe that we have provided a link to a site that contains infringing or illegal content, we ask that you notify us immediately so that we may evaluate whether, and in our sole and complete discretion, to disable it.

IV. INTELLECTUAL PROPERTY

Copyright

The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Website (“Content”) are only for your personal, non-commercial use. Many of the materials contained on the Website are protected by copyright, and are owned or controlled by FOHC or the party credited as the provider of the Content. You agree you will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Website. You may download and make one (1) copy of the Content and other downloadable items displayed on the Website for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission of FOHC or the copyright holder identified in the individual Content's copyright notice.

Trademarks

You acknowledge that the Website may also include certain trademarks and service marks owned by FOHC, as well as trademarks owned by other information providers. You agree not to copy, use or otherwise infringe upon these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright, or other notice from any copies of the Content.

Other Copyright Holders

FOHC respects the rights of all copyright holders and in this regard, FOHC has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who infringe upon the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FOHC's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

FOHC's Copyright Agent for notice of claims of copyright infringement related to this site can be reached at: friend@friendsofhawaii.org, please include in the subject line: “Attention: Copyright Agent”.

V. WARRANTY DISCLAIMERS / LIABILITY LIMITATIONS

No Warranties

The Website including any and/all Content, may contain inaccuracies, errors, and/or omissions. We regret any such inaccuracies, errors, and/or omissions, but will not be bound by them. We reserve the right, in our sole discretion, to correct any inaccuracies, errors, and/or omissions in any portion of the Website. We do not represent or endorse the accuracy and/or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.

We also cannot guarantee that your personal information may not be accessed, disclosed, altered, or destroyed without authorization. Please be aware that your email transmissions and/or other communications to FOHC containing personal information may be unlawfully intercepted and/or accessed by third parties and/or this Website may be subject to hostile network attacks and/or administrative errors. Accordingly, FOHC cannot and does not guarantee that your personal information, usage information, transaction information and/or other sensitive information is completely secure and safe from such risks.

The following is a more comprehensive disclaimer of any possible representations or warranties and liabilities by FOHC.

BY VISITING THIS SITE YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR OWN RISK. ALL CONTENT ON THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS.” ACCESSING THE WEBSITE ACKNOWLEDGES YOUR AGREEMENT AND UNDERSTANDING THAT THE CONTENT CONTAINED ON THE WEBSITE INCLUDES CONTENT THAT HAS BEEN PROVIDED BY OTHER SOURCES. FOHC IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO ANY CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO CONTENT OR MATERIAL THAT IS INACCURATE, OFFENSIVE, INDECENT, AND/OR OBJECTIONABLE, AND THAT YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST FOHC, AND ALL ITS OFFICERS, DIRECTORS, OWNERS, SUBSIDIARIES, AGENTS, EMPLOYEES, INFORMATION PROVIDERS, AFFILIATES, LICENSORS AND LICENSEES AND THE ASSIGNS OF THE SAME (COLLECTIVELY, THE “FOHC PARTIES”) WITH RESPECT THERETO.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE FOHC PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE. THE FOHC PARTIES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND AND SHALL NOT BE LIABLE FOR ANY PRODUCTS OR SERVICES OR LINKS TO THIRD PARTIES AND/OR FOR ANY BREACHES OF SECURITY, VIRUSES, BUGS, TAMPERING, FRAUD, ERRORS, OMMISSIONS, INTERRUPTIONS, DEFECTS, MALFUNCTIONS AND/OR OTHER FAILURES ASSOCIATED WITH THE TRANSMISSION OF YOUR PERSONAL INFORMATION, USAGE INFORMATION, TRANSACTION INFORMATION AND/OR OTHER SENSITIVE INFORMATION THROUGH THE WEBSITE AND/OR ANY LINKED SITE.

THE FOHC PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FOHC PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOHC PARTIES SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

THE FOHC PARTIES SHALL NOT BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, UNTIMELINESS, DEFECTS IN, OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE WEBSITE. THE FOHC PARTIES SHALL NOT BE LIABLE FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING FROM OR OCCASIONED BY SUCH DELAY OR INTERRUPTION OF TRANSMISSION. THE FOHC PARTIES SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF GOOD WILL, LOSS OF DATA, WORK STOPPAGE, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES.

Public Documents

Certain public documents may be available on the Website. Although FOHC attempts to reflect those public documents accurately on the Website, FOHC is not responsible for any errors or omissions that may occur in providing such public documents. You are responsible for any consequences resulting from reliance on public documents provided on the Website. Therefore, you should check with the original source of those documents to confirm their accuracy.

VI. APPLICABLE LAW & ENFORCEABILITY

Governing Law and Jurisdiction

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF HAWAII, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF HAWAII.

Entire Agreement and Severability

This Agreement constitutes the entire agreement between FOHC and you with respect to your use of the Website. If, for any reason, a court of competent jurisdiction finds a provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

Failure to Insist On Strict Performance Does Not Waive Any Provisions

Any failure on FOHC's part to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

Time Limitation on Claims

Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises.

VII. CONTACT US

If you have any comments, questions, or concerns related to this Agreement please do not hesitate to contact Friends of Hawaii Charities via email at: friend@friendsofhawaii.org.

VIII. EFFECTIVE DATE OF THIS POLICY

This Agreement was last updated on September 2013.