Last Revised: November 2, 2011
Aloha Business Association and its affiliates (collectively, “Company” or “we”) welcome you to the website at the address [http://www.alohabusinessassociation.com] (the “Site”). The Site contains, among other things, an online service which enables the free sharing of originally authored articles (hereinafter, collectively, the “Service”). The users of the Site (“User” or “you”) are invited to use the Service in accordance with these terms and conditions.
1. Acceptance of the Terms
The Terms may be revised and updated from time to time, with or without any notice. The Company shall make reasonable efforts to post a prominent notice in case the Terms shall change substantially. The Company urges you to check the Last Revised date which appears at the top of the Terms. You can review the most current version of the Terms at any time at:[http://www.alohabusinessassociation.com/terms-of-use].
By accessing the Site, linking to the Site and/or using the Service, you acknowledge that the Terms constitute a binding and enforceable legal contract between the Company and any person accessing, linking to, or using the Site and/or the Service.
2. Description of the Service
The Service is a venue for sharing original articles authored by Users. Under these Terms, the articles are called a “User Generated Content” as such term is defined in Section 8 below. We provide Users who wish to submit original articles with guidelines and tips with regard to the proper way of drafting an article to be posted on the Site. Such guidelines and tips can be accessed through the following address: [http://www.alohabusinessassociation.com/editorial-guidelines] (the “Guidelines“). Although we urge the Users to read the Guidelines, we, however, can not ensure User’s compliance with such Guidelines, including without limitation, the quality and accuracy of the articles posted by the Users.You hereby acknowledge and agree that using the Service it at your own risk. The Service is provided to both non-registered Users and registered Users. Whereas non-registered users have an access to the User Generated Content, only registered Users may publish User Generated Content on the Site. The Company makes the Service available on the Site from time to time and in its sole discretion. The Company explicitly states, and you hereby acknowledge, that no representation or guaranty is given with regard to the availability of the Service.
3. Registration to the Site
5. Permitted Use
Subject to your full compliance with these Terms, you are allowed to copy, distribute and transmit the User Generated Content, provided, however, that you include link back to the original location of such User Generated Content on the Site. For the avoidance of any doubt, it is hereby made clear that you are not allowed to alter, modify, revise, translate or make derivative works of the User Generated Content, including without limitation deletions or revisions of any links contained in the User Generated Content. Please note that the User Generated Content is licensed under the Creative Commons License (CC BY-ND), as set forth in Section 8 below.
6. Use Restrictions
There are certain conducts which are strictly prohibited. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result in the termination of your access to the Site and may expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
(i) Copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Site and/or the Service in any way, except as set forth in Section 5 above;
(ii) Create a browser, frame, border environment or GUI around the Site;
(iii) Interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
(iv) Interfere with or violate Users’ rights to privacy and other rights, or harvest or collect data and information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, site search or retrieval application, or other automatic device, process or method to access the Site and/or retrieve index and/or data-mine information;
(v) Impersonate any person or entity or provide false information;
(vi) Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your website, your business or any statement you make, or present false information about the Site;
(vii) Transmit, distribute, display or otherwise make available through or in connection with the Site and/or Service any content (including User Generated Content, as defined below) which may infringe third party rights, including Intellectual Property rights, or which may contain any unlawful content.
(viii) Use the Site and/or the Service for any illegal, unlawful or unauthorized purposes;
(ix) Distribute, republish, transmit or disseminate any part of the User Generated Content without including link back to the original location of such User Generated Content on the Site;
(x) Distribute, republish, transmit or disseminate any part of the User Generated Content in online or printed publications which contain illegal or immoral materials;
(xi) Use any User Generated Content obtained from the Site in any form of spam or unsolicited mail;
(xii) Commercially use any User Generated Content obtained the Site without written consent from the User who has created such content. This includes selling articles individually or in a compilation.
(xiii) Prevent automated tools (such as search engines) to follow any link contained in the User Generated Content, including without limitation by adding the “NoFollow” attribution to any such link.
7. Intellectual Property Rights
The Site, the Service and all Intellectual Property right pertaining thereto (other then User Generated Content), including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, designs, specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered (collectively, “Intellectual Property“), are fully owned or licensed to the Company and subject to copyright and other applicable intellectual property rights under United States laws, foreign laws and international conventions. Notwithstanding the above, certain User Generated Content made available or displayed on the Site may be owned by third parties. Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property pertaining to the Site.
8. User Generated Content
8.1. The Site allows you to upload copyrighted materials such as articles and other literary works (the “User Generated Material“). As long as your User Generated Material is subject to the applicable copyright law, such User Generated Material shall remain at all times, and to the extent permitted by law, your sole and exclusive property. You understand and agree that you are solely responsible for your User Generated Material and the consequences of posting or publishing such material. You represent and warrant that you have (and will continue to have) all necessary licenses, rights, consents, and permissions which are required to use and to enable the Company to use your User Generated Material. You agree that you will not post or upload any User Generated Material which contain content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for the Company to use or possess in connection with the Site.Company explicitly reserves the right to remove the User Generated Material without a prior notice, at its sole discretion.
8.2. When you upload or post a User Generated Material on the Site, you grant to the Company an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license, to use, reproduce, distribute, transmit, prepare derivative works of, display, make available to the public and perform that User Generated Material in connection with the Site, whether through the Internet, any mobile device or otherwise, in any media formats and through any media channels known today and developed in the future, including without limitations through RSS and newsletters.
8.3. The company may redistribute and/or make available the User Generated Content under free licenses such as the Creative Commons License Attribution-NoDerives (“CC BY-ND”), available at: [http://creativecommons.org/licenses/by-nd/3.0/].
9. USER REPRESENTATIONS AND UNDERTAKINGS
9.1. Author Representations and Undertakings
9.1.1. Any User submitting or publishing User Generated Material on the Site (an “Author“) hereby represents to be the original author of such User Generated Material or to have all the necessary licenses, rights, consents, and permissions required to publish and to enable the Company to use such User Generated Material.
9.1.2. Author hereby waives any monetary rights and Moral Rights he/she may have with respect to any User Generated Material he/she has submitted to the Site, whether or not such User Generated Material has been actually published on the Site.
9.1.3. Author agrees and represents that he/she will not include any affiliate links in the User Generated Content.
9.1.4. Author further undertakes that in case he/she would like to promote an affiliate program he/she will do so solely through his/her “resource box” within the Site.
9.2. Publisher Representations and Undertakings
9.2.1. Any User distributing, republishing or disseminating any User Generated Content in any format (a “Publisher“) hereby undertakes to provide a live “DOFOLLOW” link back to the original location of the User Generated Content on the Site.
9.2.2. Publisher represents and undertakes that the copyright of each Author whose User Generated Content the Publisher wishes to distributing, republishing or disseminating shall be respected, and the Publisher further undertakes to keep all the links within the User Generated Content intact and not altered in any way (e.g. the hyperlinks shall be ‘live’ so that Users can click on said link and be taken to its original destination).
9.2.3. Publisher undertakes to refrain from acts which are prohibited under these Terms, including without limitation the actions described in Section 6 above.
9.3. General Representations
You acknowledge and agree that: (a) Company may remove any User Generated Content in its sole discretion with or without any reason; (b) The Company reserves the right to choose a more suitable category for your User Generated Content if it finds, in its sole discretion, that it has been incorrectly classified; and (c) The Company reserve the right to include advertising on pages which contain your User Generated Content.
10. Trademarks and Trade names
“Aloha Business Association.com”, Company’s logo and all other proprietary identifiers used by the Company in connection with the Site and Service (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks.
11. Links to Third Party Websites
12. Disclaimer and WarrantiesTHE SITE AND THE SERVICE, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SITE AND THE SERVICE AT ANY TIME OR TO DISCONTINUE DISPLAYING WEBPAGES AND ANY CONTENT WITHOUT A NOTICE TO YOU. THE COMPANY MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE SITE AND/OR THE SERVICE OR ANY AND ALL CONTENT AND INFORMATION PROVIDED THROUGH THE SITE OR THE SERVICE FOR A CERTAIN PURPOSE OR ANY PURPOSE AT ALL. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE AND/OR THE SERVICE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF THE SERVICE AND/OR THE SITE, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL CONTENT AND INFORMATION RECEIVED THROUGH THE SITE AND/OR SERVICE. THE COMPANY DOES NOT ENDORSE ANY AUTHOR, WEBSITE, OR PRODUCT MENTIONED IN ANY USER GENERATED CONTENT.
ANY AND ALL CONTENT AVAIABLE THROUGH THE SITE AND/OR THE SERVICE ARE NOT MEANT TO BE USED FOR EGAL, MEDICAL, OR ANY OTHER TYPE OF ADVICE. ALL ARTICLES PUBLISHED BY THE COMPANY AND/OR ITS PARTNERS ARE FOR INFORMATIONAL PURPOSES ONLY.
13. Limitation of Liability
THE USE OF THE SITE AND THE SERVICE IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SITE AND/OR THE SERVICE, OR THE USE OR INABILITY TO USE THE SITE OR THE SERVICE, REGARDLESS OF WHETHER THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO TWENTY US DOLLARS ($20).
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Site and/or Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site and/or Service. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
15. Copyright Agent
The Company respects the intellectual property rights of others. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to The Company’s Copyright Agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim 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 sufficient to permit The Company to locate the material; (iv) a statement that you have 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 (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
The Company’s Copyright Agent can be reached through the following address:
Aloha Business Association
17675 SW Farmington
Aloha, OR 97007
16.1. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
16.2. Any claim relating to the Site and the Service or its use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles.
16.3. Any dispute arising out of or related to your use of the Site and/or Service will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.
16.4. If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions.
16.5. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
16.6. These Terms constitutes the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.
17. For information or questions please contact:
Aloha Business Association
17675 SW Farmington
Aloha, OR 97007
Or by our online form at http://www.alohbusinessassociation.com/contact-us