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Terms of Service

These Terms of Service ("Terms") defines your access to and use of the services at ALOOHA and related services or pages. It includes any information, text, photos or other materials uploaded, downloaded or appearing on the web pages (referred to as "Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms of Service.

1. Basic Terms

You are solely responsible for your use of the Services and for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or show will be able to be viewed by other users of the Services and through third party services. You should only provide Content that you are comfortable sharing with others under these Terms.

ALOOHA may permanently or temporarily stop providing the Services or any features within the Services to you or to users generally and may not be able to provide you with prior notice. We also retain the right to limit the use of the Services at our sole discretion at any time without prior notice to you.

The Services provided by ALOOHA are always evolving and the form of the Services may change from time to time without prior notice to you.

You are allowed to use the Services only if you can form a binding contract with ALOOHA.

2. Privacy

Your privacy is very important to us. Be aware that any information that you provide to ALOOHA is subject to our Privacy Policy, which governs our collection and use of your information.

Part of providing you the Services requires to deliver certain communications to you, such as service announcements and organizational messages. These communications are part of the Services and your ALOOHA account, which you may not be able to opt-out from receiving.

3. Passwords

You are responsible for the password that you use to access the Services and for any activities or actions under your password. We recommend to use "strong" passwords and ALOOHA cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

4. Content on the Services

All Content, whether publicly delivered or privately transmitted, is the sole responsibility of the person who originated such Content. ALOOHA may not monitor or control the Content posted via the Services and ALOOHA will not take responsibility for such Content. Any use on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will ALOOHA be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

5. Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and/or make changes to your Content as are necessary to conform and adapt to any requirements or limitations of any networks, devices, services or media.

You are aware that you are responsible for your use of the Services, for any Content provided by you and for any consequences thereof, including the use of your Content by other ALOOHA users and our third party partners. You are aware that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. ALOOHA will not be responsible or liable for any use of your Content in accordance with these Terms. You represent and warrant that you have all the rights and authority necessary to grant the rights granted herein to any Content that you submit.

6. Restrictions

ALOOHA reserves the right at all times without obligation to remove or refuse to distribute any Content on the Services, to suspend or terminate members, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve and disclose any information to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of ALOOHA, its users and the public.

7. Copyright Policy

ALOOHA respects the intellectual property rights of others and expects users of the Services to do the same. ALOOHA will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.

8. Termination

The Terms will continue to apply until terminated by either you or ALOOHA as follows. You may end your legal agreement with ALOOHA at any time for any reason by deactivating your accounts and discontinuing your use of the Services.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason.

9.Disclaimers and Limitations of Liability

Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

The Services are Available "AS-IS"

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis.

The Services may contain links to third-party websites or resources. You acknowledge and agree that ALOOHA is not responsible or liable for the availability or accuracy of such websites or resources or the content, products, or services available from such websites or resources. Links to such websites or resources do not imply any endorsement by ALOOHA of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALOOHA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES

10. General Terms

These Terms and any action related thereto will be governed by the laws of Germany without regard to or application of its conflict of law provisions or your state or country of residence.

If you have any questions about these Terms, please contact us. Effective: July 1, 2012
© 2017 ALOOHA
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