Nā mea ʻaelike - "Terms"

Terms of Service for

The Volcano Project Website

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G. Brad Lewis

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Terms of Service

1. ACCEPTANCE OF TERMS

We provide The Volcano Project service to you subject to the following Terms of Service ("TOS"), which are subject to update at any time without notification.

2. DESCRIPTION OF SERVICE

The Volcano Project includes a number of different radio, music, and audio related resources, including news, articles, listen live areas, forums, chats, webcams, and various information. All of this collectively forms The Volcano Project (the "Service"). You understand that the service is provided "AS-IS", you are responsible for all hardware, software, and miscellaneous equipment required to use the Service.

3. The Volcano Project PRIVACY POLICY

Any information you share with The Volcano Project is subject to our Privacy Policy, which can be viewed online by clicking here.

4. MEMBER INFORMATION AND CONDUCT

Certain areas of The Volcano Project may require a username and password, you are responsible for maintaining the privacy and confidentiality of the username and password you choose and/or are provided with and you are responsible for any information, content, or media posted, uploaded, e-mailed or transmitted from your account. The Volcano Project will not be liable for any loss or damages arising from failure to comply with Section 4.  The Volcano Project will not be responsible for any content you are exposed to, including but not limited to omissions, errors, or any loss or damage of any kind incurred as a result of the use of content transmitted or viewed via use of the Service.

You agree to not use the Service to:

a. transmit, post, upload, e-mail, or list any Content that is unlawful, obscene, racist or hateful;

b. transmit, post, upload, e-mail, or list any Content that you do not have a right to transmit, including any information that violates a trademark, copyright or other proprietary rights.

The Volcano Project has the right to modify, remove, delete, or edit any Content available via the Service.

5. INDEMNITY

You agree to indemnify and hold The Volcano Project and their subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, e-mail, post, or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

6. MODIFICATIONS TO THE SERVICE

The Volcano Project reserves the right at any time to modify, discontinue, or terminate the Service with or without notice.

7. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that The Volcano Project shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

8. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because The Volcano Project has no control over such sites and resources, you acknowledge and agree that The Volcano Project is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Volcano Project shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

9. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. The Volcano Project EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. The Volcano Project MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The Volcano Project OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

10. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Volcano Project SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF The Volcano Project HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

11. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

12. TRADEMARK INFORMATION

The Volcano Project is a Trademark of The Volcano Project 501(c)3. Without The Volcano Project 501(c)3ʻs prior permission, you agree not to display or use in any manner, The Volcano Project Marks.

13. GENERAL INFORMATION

The TOS constitute the entire agreement between you and The Volcano Project and govern your use of the Service, superseding any prior agreements between you and The Volcano Project. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and The Volcano Project shall be governed by the laws of the state of Hawaiʻi without regard to its conflict of law provisions. The failure of The Volcano Project to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.