Honolulu Skyline as seen from Kapiolani Community College, Photo by David Cabatu

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Terms of Use

Introduction

For convenience of reference to this document, 'author' shall refer to David Cabatu, 'this website' shall refer to any and all files and services which collectively define the www.qsl.net/ah7e website, and 'user' shall refer to any individual or file system access program which accesses the Radio AH7E Hawaii website by any means including, but not limited to, a web browser, FTP, TELNET, or Gopher.

Terms of Use Notice

This Agreement (the "Agreement") sets forth the terms and conditions for your use of the Radio AH7E Hawaii web site and the services and features available to site visitors. Your use of thise web site and services constitutes your agreement to these terms and conditions.

Agreement to Terms

By using this site, you signify that you agree to these Terms of Use. In addition, when using particular services available on this site, you will be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you do not agree to the Terms of Use, please do not use the site.

Use of Site Communications

In connection with your use of any of the chat area, message boards, e-mail or other public communication elements of this site, you may not upload to, distribute through, or otherwise publish through this site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law. Your use of this site must only be in a noncommercial manner. You cannot, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.

Public Communications

You acknowledge and agree that any public communications made to or by means of any portion of this web site are public. You acknowledge that you have no expectation of privacy in any public communication and that no confidential, fiduciary, contractually implied or other relationship is created between you and the author by reason of your transmitting a public communication to any area of this web site.

Links

This site includes links to other Internet sites solely as a convenience to users. The author does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, the author makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at the user's own risk.

Submissions

Our site policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. Accordingly, we must request that no visitors to this site submit or send any original creative materials, including but not limited to submissions of technical data, drawings, photographs, information, suggestions, ideas or concepts. If at our request you send certain specific submissions (e.g., postings to chats, surveys, message boards, contests, or similar items) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the "Submissions") shall be deemed and shall remain the property of the author in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants, the author the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, for the full term of any copyright, trademark or patent that may exist in such material for any purpose that the author chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called "moral rights" in all Submissions.

Disclaimer of Warranties

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE AUTHOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE AUTHOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE AUTHOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE AUTHOR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS SITE, EVEN IF THE AUTHOR OR AN AUTHORIZED REPRESENTATIVE HAS ADVISED YOU OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE AUTHOR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE).

Modifications

(a) To the Agreement. The author has the right, at our discretion to change, modify, add, or remove portions of these Terms of Use and any policies affecting this web site at any time. Any modification is effective immediately upon posting to this web site. Your continued use of this web Site following notice of any modification to this agreement shall be conclusively deemed an acceptance of all such modification(s). Please check these terms periodically for changes.

(b) To this web site. The author has the right to modify, suspend or discontinue this web site or any portion thereof at any time, including the availability of any area of this web site, including without limitation the fee-based services. The author may also impose limits on certain features and services or restrict your access to parts or all of this web site without notice or liability.

Termination

You agree that the author, in its sole discretion, may terminate any account (or any part thereof) you may have with us or use of the web site and remove and discard all or any part of your account or any Submissions, for any reason whatsoever in the author's sole discretion. The author may also in its sole discretion and at any time discontinue providing this site, or any part thereof, with or without notice. You agree that any termination of your access to the site or any account you may have or portion thereof may be effected without prior notice, and you agree that the author shall not be liable to you or any third-party for any such termination.

No-Commercialization Policy

You agree to use this web site and all features and services only in a noncommercial manner and in compliance with the author's No-Commercialization Policy. Additionally, you specifically agree not to post, transmit or otherwise distribute to this web site or any porition thereof any material containing any solicitation of funds, advertising or solicitation for goods or services.

Ability to Comply

You represent and warrant to the author that you are of right and ability to enter into this Agreement and to use this web site in accordance with this Agreement.

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Copyright 2000-2006 by David J. Cabatu.  All Rights Reserved.