HOSHI HANA TERMS AND CONDITIONS OF USE POLICY

 

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TERMS AND CONDITIONS OF USE


1. INTRODUCTION
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you
disagree with these terms and conditions or any part of these terms and conditions, you
must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our
website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; by using our website or
agreeing to these terms and conditions, you warrant and represent to us that you are at
least 18 years of age.


2. CREDIT
2.1 This document was created using a template from Docular (https://docular.net).
You must retain the above credit. Use of this document without the credit is an infringement of
copyright. However, you can purchase from us an equivalent document that does not include
the credit.


3. COPYRIGHT NOTICE
3.1 Copyright (c) 2013 , Hoshi Hana.
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other
intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the
material on our website are reserved.


4. PERMISSION TO USE WEBSITE
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website for your own personal and non-commercial use,
providing that such printing is not systematic or excessive;
(d) stream audio and video files from our website using the media player on our
website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and
conditions, you must not download any material from our website or save any such
material to your computer.
4.3 You may only use our website for your own personal and business purposes; you must
not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or
otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 Notwithstanding Section 4.5, you may redistribute after requesting and receiving
permission, materials from this site in print and electronic form to any person.
4.7 We reserve the right to suspend or restrict access to our website, to areas of our website
and/or to functionality upon our website. We may, for example, suspend access to the
website during server maintenance or when we update the website. You must not
circumvent or bypass, or attempt to circumvent or bypass, any access restriction
measures on the website.


5. MISUSE OF WEBSITE
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage
to the website or impairment of the performance, availability, accessibility, integrity
or security of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in
connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our website;
(d) probe, scan or test the vulnerability of our website without our permission;
(e) circumvent any authentication or security systems or processes on or relating to
our website;
(f) use our website to copy, store, host, transmit, send, use, publish or distribute any
material which consists of (or is linked to) any spyware, computer virus, Trojan
horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) impose an unreasonably large load on our website resources (including
bandwidth, storage capacity and processing capacity);
(h) decrypt or decipher any communications sent by or to our website without our
permission;
(i) conduct any systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data harvesting) on or in
relation to our website without our express written consent;
(j) access or otherwise interact with our website using any robot, spider or other
automated means, except for the purpose of search engine indexing;
(k) use our website except by means of our public interfaces;
(l) violate the directives set out in the robots.txt file for our website;
(m) use data collected from our website for any direct marketing activity (including
without limitation email marketing, SMS marketing, telemarketing and direct
mailing); or
(n) do anything that interferes with the normal use of our website.
5.2 You must not use data collected from our website to contact individuals, companies or
other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in
relation to our website, is true, accurate, current, complete and non-misleading.


6. REGISTRATION AND ACCOUNTS
6.1 To be eligible for an account on our website under this Section 6, you must make a
request in advance.
6.2 You may register for an account with our website by completing and submitting the
account registration form on our website, and clicking on the verification link in the email
that the website will send to you.
6.3 You must not allow any other person to use your account to access the website.
6.4 You must notify us in writing immediately if you become aware of any unauthorised use
of your account.
6.5 You must not use any other person's account to access the website, unless you have
that person's express permission to do so.


7. USER LOGIN DETAILS
7.1 If you register for an account with our website, you will be asked to choose a user ID and
password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out
in Section 10; you must not use your account or user ID for or in connection with the
impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your
password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your
password confidential, and may be held liable for any losses arising out of such a failure.


8. CANCELLATION AND SUSPENSION OF ACCOUNT
8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion with or without notice to you.
8.2 We will usually cancel an account if it remains unused for a continuous period of 18
months.
8.3 You may cancel your account on our website using your account control panel on the
website.


9. OUR RIGHTS TO USE YOUR CONTENT
9.1 In these terms and conditions, "your content" means all works and materials (including
without limitation text, graphics, images, audio material, video material, audio-visual
material, scripts, software and files) that you submit to us or our website for storage or
publication on, processing by, or transmission via, our website.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use,
reproduce, store, adapt, publish, translate and distribute your content in any existing or
future media.
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under
Section 9.2.
9.5 You hereby waive all your moral rights in your content to the maximum extent permitted
by applicable law; and you warrant and represent that all other moral rights in your
content have been waived to the maximum extent permitted by applicable law.
9.6 You may edit your content to the extent permitted using the editing functionality made
available on our website.
9.7 Without prejudice to our other rights under these terms and conditions, if you breach any
provision of these terms and conditions in any way, or if we reasonably suspect that you
have breached these terms and conditions in any way, we may delete, unpublish or edit
any or all of your content.


10. RULES ABOUT YOUR CONTENT
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights,
and must not be capable of giving rise to legal action against any person (in each case in
any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these terms and
conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right,
right in passing off or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection
legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a
crime or the promotion of criminal activity;
(g) be in contempt of any court or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be
acted upon and could, if acted upon, cause illness, injury or death, or any other
loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social,
menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.


11. LIMITED WARRANTIES
11.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop
publishing our website, at any time in our sole discretion without notice or explanation;
and save to the extent expressly provided otherwise in these terms and conditions, you
will not be entitled to any compensation or other payment upon the discontinuance or
alteration of any website services, or if we stop publishing the website.
11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we
exclude all representations and warranties relating to the subject matter of these terms
and conditions, our website and the use of our website.


12. LIMITATIONS AND EXCLUSIONS OF LIABILITY
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these
terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the
subject matter of these terms and conditions, including liabilities arising in
contract, in tort (including negligence) and for breach of statutory duty, except to
the extent expressly provided otherwise in these terms and conditions.
12.3 To the extent that our website and the information and services on our website are
provided free of charge, we will not be liable for any loss or damage of any nature.
12.4 We will not be liable to you in respect of any losses arising out of any event or events
beyond our reasonable control.
12.5 We will not be liable to you in respect of any business losses, including (without
limitation) loss of or damage to profits, income, revenue, use, production, anticipated
savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or
software.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or
damage.
12.8 You accept that we have an interest in limiting the personal liability of our officers and
employees and, having regard to that interest, you acknowledge that we are a limited
liability entity; you agree that you will not bring any claim personally against our officers
or employees in respect of any losses you suffer in connection with the website or these
terms and conditions (this will not, of course, limit or exclude the liability of the limited
liability entity itself for the acts and omissions of our officers and employees).


13. BREACHES OF THESE TERMS AND CONDITIONS
13.1 Without prejudice to our other rights under these terms and conditions, if you breach
these terms and conditions in any way, or if we reasonably suspect that you have
breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block
your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise;
and/or
(g) suspend or delete your account on our website.
13.2 Where we suspend or prohibit or block your access to our website or a part of our
website, you must not take any action to circumvent such suspension or prohibition or
blocking (including without limitation creating and/or using a different account).


14. VARIATION
14.1 We may revise these terms and conditions from time to time.
14.2 The revised terms and conditions shall apply to the use of our website from the date of
publication of the revised terms and conditions on the website, and you hereby waive any
right you may otherwise have to be notified of, or to consent to, revisions of these terms
and conditions.
14.3 If you have given your express agreement to these terms and conditions, we will ask for
your express agreement to any revision of these terms and conditions; and if you do not
give your express agreement to the revised terms and conditions within such period as
we may specify, we will disable or delete your account on the website, and you must stop
using the website.


15. ASSIGNMENT
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our
rights and/or obligations under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise
deal with any of your rights and/or obligations under these terms and conditions.


16. SEVERABILITY
16.1 If a provision of these terms and conditions is determined by any court or other
competent authority to be unlawful and/or unenforceable, the other provisions will
continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be
lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and
the rest of the provision will continue in effect.


17. THIRD PARTY RIGHTS
17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not
intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties' rights under a contract under these terms and conditions is
not subject to the consent of any third party.


18. ENTIRE AGREEMENT
18.1 Subject to Section 12.1, these terms and conditions, together with our privacy and
cookies policy, shall constitute the entire agreement between you and us in relation to
your use of our website and shall supersede all previous agreements between you and
us in relation to your use of our website.


19. LAW AND JURISDICTION
19.1 These terms and conditions shall be governed by and construed in accordance with US
law.
19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive
jurisdiction of the courts of the United States.


20. OUR DETAILS
20.1 This website is owned and operated by Hoshi Hana.
20.2 You can contact us:
(a) using our website contact form; or
(b) by email, using the email address published on our website.

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