Terms Of Use 2018-02-08T00:48:17+00:00

By accessing or using this website (this “Site’), you agree with Hawaii Sea Spirits and its affiliates, including, without limitation, OCEAN Vodka. You are legally bound by these Terms of Use.  If you do not wish to be bound by these Terms of Use, you must not access or use this Site.

Hawaii Sea Spirits reserves the right to modify or change these Terms of Use at any time, without prior notice to you.  Such modification or change shall be effective upon posting by Hawaii Sea Spirits on this Site.  You hereby agree that you are bound by any such modification or change to these Terms of Use if you use the Site after any such modification or change is posted.

These Terms of Use are applicable to your access or use of this Site, regardless of how you accessed this Site, including (without limitation) whether through the home page or otherwise.

Access to and use of this Site are subject to all applicable federal, State and local laws, rules and regulations.

PRIVACY POLICY

To review Hawaii Sea Spirits privacy policy, please visit Hawaii Sea Spirits’ Privacy Policy

PROHIBITED USES OF THIS SITE

You may not use this Site to engage in any illegal activity, spamming or solicitation. You may not use this Site to engage in conduct which is defamatory, libelous, threatening or harassing or that infringes on a third party’s intellectual property or other proprietary rights. In the event you engage in activity that is illegal, defamatory, libelous, threatening, or harassing, Hawaii Sea Spirits reserves the right to disclose any information you provide through the use of this Site to law enforcement authorities as deemed appropriate in Hawaii Sea Spirits sole discretion. You agree that any information you provide through this Site will be truthful and accurate.  Hawaii Sea Spirits reserves the right to require that you change your User ID or answers to security questions if they are deemed inappropriate at Hawaii Sea Spirits sole discretion.  This Site is not to be used by anyone under the age of 21.

YOUR LIABILITIES

Hawaii Sea Spirits text, graphics, software, video, audio, photos and other content (collectively, “Content”) if you violate (as Hawaii Sea Spirits may determine in its sole and absolute discretion) any provision of these Terms of Use. Hawaii Sea Spirits reserves the right to seek all other remedies available at law and in equity.

You hereby agree, at your own expense, to defend, indemnify and hold Hawaii Sea Spirits harmless from any and all damages, claims, losses, liabilities, demands, costs, or expenses, including reasonable attorneys’ and experts’ fees, arising: out of your access to, or use of, this Site or any of its Content in a manner other than as expressly authorized by these Terms of Use; from your breach of these Terms of Use; or from your violation of any applicable laws, rules or regulations, or any rights of any third party.

SECURITY

Hawaii Sea Spirits cannot and does not guarantee the security of this Site against hackers or other security breaches.  Accordingly, your use of, and submission of any information to, this Site is solely at your own risk.

INVESTIGATION

Hawaii Sea Spirits reserves the right in its sole and absolute discretion to investigate complaints or reports of any violation of these Terms of Use, and to take any action it finds appropriate in response to any such complaints or reports, including the reporting of such violations to law enforcement or regulatory officials.  Hawaii Sea Spirits further reserves the right to provide such officials with any information collected in the course of its investigation, including without limitation individual profiles, electronic mail addresses, usage histories, posted materials, and Internet Protocol addresses.

TERMINATION AND SUSPENSION

These Terms of Use are effective until terminated by Hawaii Sea Spirits.  Your rights to access and use this Site shall terminate automatically, without notice, if you fail to comply with any of these Terms of Use.  Upon termination of these Terms of Use, you shall immediately cease to access and use this Site.  Hawaii Sea Spirits reserves the exclusive right in its sole and absolute discretion, at any time, with or without notice, to amend, limit, modify, suspend, or terminate this Site or the Terms of Use.  Hawaii Sea Spirits may also delete or prevent access to, or use of, all related information and files.  Hawaii Sea Spirits will not be liable to you or any third party for any modification, suspension, or termination of this Site, or the loss of any related information.

DISCLAIMER OF WARRANTIES

Hawaii Sea Spirits make no representations or warranties concerning the accuracy or reliability of the information on this Site or other sites to which this Site links. Your reliance on, and use of, the information contained in or linked from this Site is solely at your own risk.

Unless expressly stated otherwise, views and opinions expressed on this Site have not been approved by Hawaii Sea Spirits and shall not be construed as representing Hawaii Sea Spirits official policy.

ALL INFORMATION PRESENTED ON THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR ACCURACY WITH REGARD TO ANY WEB SITE OWNED BY A THIRD PARTY TO WHICH OR FROM WHICH THIS SITE IS LINKED (“LINKED WEB SITE”), ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.  HEMIC DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEB SITE.

THE INFORMATION PROVIDED ON THIS SITE OR A LINKED WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  HAWAII SEA SPIRITS SHALL NOT BE RESPONSIBLE OR LIABLE FOR SUCH INACCURACIES OR ERRORS AND DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THIS SITE OR A LINKED WEB SITE IS UP TO DATE OR COMPLETE.  HAWAII SEA SPIRITS HAS NO OBLIGATION TO UPDATE ANY INFORMATION ON THIS SITE AND MAY CHANGE OR IMPROVE THIS SITE AT ANY TIME WITHOUT NOTICE.

Hawaii Sea Spirits does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made through this Site by any party other than Hawaii Sea Spirits.

Hawaii Sea Spirits is not responsible or liable for any loss or damage of any kind incurred as the result of your dealings with third parties through this Site.

Hawaii Sea Spirits does not warrant that this Site’s services will be uninterrupted or error free, or that any information, software or other material available on or accessible through this Site will be free of viruses, worms, Trojan horses or other harmful components. You hereby assume all risks of claims for damages, including without limitation, damages (1) for any negligence and other claims that may arise from use of, or reliance upon (either directly or indirectly) any advice or information provided on or through this Site; and (2) for any damage to your computer system or loss of data that may arise from use of, or obtaining any Content from, this Site, including without limitation, any damages resulting from viruses or other harmful components.

Your use of this Site and any Linked Web Sites is entirely at your own risk.

LIMITATION OF LIABILITIES

IN NO EVENT WILL HAWAII SEA SPIRITS, ITS AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, INDIRECT, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, COSTS OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, EVEN IF YOU HAVE NOTIFIED HEMIC ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS, USE, INABILITY TO USE, OR CONTENT OF THIS SITE OR ANY LINKED WEB SITE, WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW, EQUITY OR OTHERWISE.

THIS LIMITATION OF LIABILITY APPLIES UNDER ALL CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, TRANSMISSION OF VIRUSES THAT INFECT A USER’S EQUIPMENT, MECHANICAL OR ELECTRONIC EQUIPMENT FAILURE, FAILURE OF COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECTS, UNAUTHORIZED ACCESS, THEFT, OPERATIONAL ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE.

YOU AGREE THAT THIS LIMITATION OF LIABILITIES DOES NOT CAUSE THE REMEDIES PROVIDED BY THESE TERMS OF USE TO FAIL OF THEIR ESSENTIAL PURPOSE.

OTHER AGREEMENTS WITH HAWAII SEA SPIRITS

These Terms of Use are in addition to any other agreements between you and Hawaii Sea Spirits.  For more complete descriptions of the terms, conditions and exclusions for Hawaii Sea Spirits products or services, please refer to the particular policy or contract. Additionally, in certain cases, references to Hawaii Sea Spirits may include one or more affiliates of Hawaii Sea Spirits; however, any particular product or service is the responsibility only of the specific Hawaii Sea Spirits affiliate that issues or supplies such policy, product or service.

COPYRIGHT NOTICE

© Hawaii Sea Spirits LLC.  All rights reserved.

 

COPYRIGHT POLICY

All Content and all rights in the pages and the screens displaying the pages, is owned by Hawaii Sea Spirits or its affiliates or suppliers, and is protected by copyright under United States and foreign laws. Appointed agents and brokers in good standing with Hawaii Sea Spirits may use and reproduce copies of this Site and its Content to conduct the authorized business of Hawaii Sea Spirits.  If you are not an appointed agent or broker in good standing, you may refer to, cite or print and use the Content for your personal, non-commercial use, as long as your copies retain, complete and unaltered, all copyright, trademark and other proprietary notices that appear on the original screens. You may not modify, reproduce, copy, distribute, transmit, display, publish, sell, license, create derivative works of or use any aspect of this Site or its Content for commercial or public purposes or on any other web site or in a networked computer environment or engage in any other redistribution or republication of the Content.

TRADEMARKS

Hawaii Sea Spirits and OCEAN Vodka logos are registered trademarks of Hawaii Sea Spirits LLC.   Other trademarks, service marks, trade names, logos, URLs, domain names and icons (“Marks”) appearing on this Site, whether registered or not, are owned by Hawaii Sea Spirits or its suppliers. You may not use any of the Marks without the express written permission of Hawaii Sea Spirits or the third party owners of such Marks.

Except as expressly provided above, no portion of the Site, its Content, or any copyright, trademark, trade name, service mark or any other proprietary information of Hawaii Sea Spirits (collectively, the “Intellectual Property”) displayed on the Site or included in any of the Content may be reproduced, altered, removed, transmitted, published or distributed, whether electronically, mechanically, by photocopy, recording or otherwise, without the prior written permission of Hawaii Sea Spirits.  Use of any of Hawaii Sea Spirits trademarks as metatags on any Web site is strictly prohibited. You may not Co-Brand this Site or display this Site in frames (or any of the Content via on-line links) without prior written permission from Hawaii Sea Spirits. “Co-brand” means your display of any of the Intellectual Property, or your taking of other means of attribution or identification of HSP or OCEAN in such a manner reasonably likely to give a third party the impression that you or such third party has the right to display, publish or distribute the Site or any of its Content. You agree to cooperate with Hawaii Sea Spirits in causing any unauthorized Co-Branding, framing or linking to immediately cease.  You agree that you shall not, at any time (including in the event of a dispute with Hawaii Sea Spirits) challenge, or assist or encourage others to challenge, the validity or enforceability of the non-patent rights to the Intellectual Property, or the ownership thereof by Hawaii Sea Spirits and its suppliers.

SUBMISSIONS

Other than bank account, credit card and certain personally identifiable consumer information, all information that you submit to Hawaii Sea Spirits via this Site shall be deemed and remain the property of Hawaii Sea Spirits. Hawaii Sea Spirits shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information you may provide through this Site. Hawaii Sea Spirits shall not be subject to any obligations regarding such information except as expressly indicated with respect to personally identifiable consumer information in any consumer Privacy Statement(s) contained within this Site; agreed to by Hawaii Sea Spirits; or otherwise specifically agreed to in a separate writing or required by law. You shall not provide any information or material through this Site or otherwise that is defamatory, inaccurate, false, misleading, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another person or entity.

INJUNCTIVE RELIEF

You agree that Hawaii Sea Spirits would suffer irreparable harm if these Terms of Use were not specifically enforced, and that Hawaii Sea Spirits shall be entitled, without bond or other security, to seek appropriate equitable remedies for actual or threatened violations of these Terms of Use, and the public interest would not be disserved by such equitable remedies.

NO THIRD PARTY BENEFICIARIES

You agree that there are no third party beneficiaries of these Terms of Use, or any other third parties entitled to enforce these Terms of Use.

INTERNATIONAL USERS AND CHOICE OF LAW

This Site is controlled and operated by Hawaii Sea Spirits from offices within the United States of America. Hawaii Sea Spirits makes no representation that materials at this Site are appropriate or available for use at other sites outside of the United States, or that access to their content from all territories is legal. You may not use this Site or export any Content in violation of U.S. export laws and regulations. If you access this Site from locations outside of the United States, you are responsible for compliance with all local laws. These Terms of Use are governed by the laws of the United States and of the State of Hawaii, without giving effect to its conflict of laws provisions. You agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use, nor to any dispute or transaction arising hereunder or in connection herewith. This Agreement constitutes the entire agreement between you and Hawaii Sea Spirits with respect to your use of this Site. The courts of the State of Hawaii, and the United States District Court for the District of Hawaii, and no other courts, shall have exclusive original jurisdiction over all disputes relating to these Terms of Use, and you hereby irrevocably consent to such jurisdiction, and waive venue in any other jurisdiction to which you may be entitled, whether by domicile or otherwise.

COPYRIGHT INFRINGEMENTS – DMCA TAKEDOWN NOTICES

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, Hawaii Sea Spirits has designated a Copyright Agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent the following information:

•An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

•A description of the copyrighted work that you claim has been infringed;

•A description of where the material that you claim is infringing is located on the website;

•Your address, telephone number and e-mail address;

•A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

•A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you believe that a notice of copyright infringement has been wrongly filed against you and you would like to submit a counter-notification, you may file a Counter-Notification in Response to Claim of Copyright Infringement with the Hawaii Sea Spirits’s Copyright Agent.

You may want to seek independent legal counsel before filing a notification or counter-notification.