TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS carefully before using this website (‘the Site’). These Terms and Conditions apply to all visits and use of the Site, as well as to the Content (as defined hereafter), information, recommendations and/or services provided to you on or through the Site. By accessing and using the Site, you signify your consent to these Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Site, the Internet, and/or the World Wide Web. If you do not agree to these Terms and Conditions in their entirety please leave the Site.
OWNERSHIP OF CONTENT
The Site is owned and operated by OluKai, LLC All of the content featured or displayed on the Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by OluKai, LLC, its licensors and/or its content providers. All elements of the Site including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with OluKai, LLC, no portion or element of the Site or its Content may be copied or retransmitted via any means and the Site, its Content and all related rights shall remain the exclusive property of OluKai, LLC or its licensors unless otherwise expressly agreed. Copyright and Trademarks
The copyright in all Content is and remains owned by OluKai, LLC Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download documents, audio and video found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. Except as authorized under the law relating to copyright, you may not reuse any Content without first obtaining the consent of OluKai, LLC For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the Site.
In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by OluKai, LLC OluKai, LLC does not transfer title to the Software to you. You own the medium on which the Software is recorded, but OluKai, LLC retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
All trademarks, service marks and trade names of OluKai, LLC used herein (including but not limited to: the word mark “OluKai, LLC”, “the OluKai, LLC logo”, “the Makau Bone Hook logo”) are trademarks or registered trademarks of OluKai, LLC or its affiliates, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify OluKai, LLC trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without OluKai, LLC’ prior written consent. The use of OluKai, LLC trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deep links between the Site and any other internet site, is prohibited without the express written consent of OluKai, LLC
DISCLAIMER OF WARRANTIES
THE SITE AND THE CONTENT ARE PROVIDED ‘AS IS’ AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE.
OluKai, LLC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES CONTAINED IN THE SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. OluKai, LLC DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BYAPPLICABLE LAW.
OluKai, LLC RESERVES THE RIGHT TO SUSPEND OR WITHDRAW THE WHOLE OR ANY PART OF THE SITE AT ANY TIME WITHOUT NOTICE WITHOUT INCURRING ANY LIABILITY.
LIMITATION OF LIABILITY
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER OluKai, LLC, NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, INCLUDING DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE INFORMATION ON THE SITE, OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF OluKai, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LINKS TO THIRD PARTIES
MISUSE OF THE SITE
You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
From time to time OluKai, LLC makes it possible to view and distribute content generated by you, for instance through “Tell a Friend” or e-postings or sending postcards to others persons. If you make use of this you acknowledge that OluKai, LLC only acts as a passive conduit for the distribution and is not responsible and liable for the content of the communications and materials generated by you or other users.
OluKai, LLC reserves the right at its sole discretion to block or remove any communications and materials it believes is not in accordance with these Terms and Conditions, or otherwise unacceptable to OluKai, LLC
OluKai, LLC maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to OluKai, LLC You should therefore not post any Materials on the Site or send these to OluKai, LLC by e-mail or otherwise. In the event you do sent OluKai, LLC any Materials, despite the request not to do so, OluKai, LLC shall be entitled to use, copy and/or commercially exploit such Materials to the fullest extent and free of charge and OluKai, LLC shall not be bound by any confidentiality obligation in respect of such Materials. How to Contact Us
If you have any questions or comments about the Site or any of our services, please click here.
CHANGES TO THE TERMS
See the Return Policy above. When we make it possible to order products via the Site, please also read the terms and conditions and return/exchange policy that will apply to those purchases. You can find these terms and conditions and return policy on the page where you place your order.
APPLICABLE LAW AND JURISDICTION
Any issues involving this site shall be governed by the laws of the state of California and anybody using this site agrees that any lawsuit shall be litigated in state or federal court in California. If any portion of these Terms and Conditions become void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect.
Last revised March 14, 2011.