Terms of Use

AGREEMENT BETWEEN USER AND HAKUNA MATATA VIBES

This Web site is operated by Hakuna Matata Vibes and consists of various Web pages.

The Hakuna Matata Vibes Web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Hakuna Matata Vibes Web site constitutes your agreement to all such terms, conditions, and notices.

If you do not agree to the Terms, please do not use this site. Hakuna Matata Vibes reserves the right, at our complete discretion, to change, modify, add, or remove portions of these Terms at any time. We encourage you to review these Terms every now and then because any changes are binding to you. Your continued use of this site following the posting of changes to these Terms indicates acceptance of these changes.

LINKS TO THIRD PARTY SITES

The Hakuna Matata Vibes Web site may contain links to other Web sites (“Linked Sites”). The Linked Sites are not under the control of Hakuna Matata Vibes and Hakuna Matata Vibes is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Hakuna Matata Vibes is not responsible for webcasting or any other form of transmission received from any Linked Site. Hakuna Matata Vibes is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hakuna Matata Vibes of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Hakuna Matata Vibes Web site, you warrant to Hakuna Matata Vibes that you will not use the Hakuna Matata Vibes Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Hakuna Matata Vibes Web site in any manner that could damage, disable, overburden, or impair the Hakuna Matata Vibes Web site or interfere with any other party’s use and enjoyment of the Hakuna Matata Vibes Web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Hakuna Matata Vibes Web sites.

USE OF COMMUNICATION SERVICES

The Hakuna Matata Vibes Web site may contain blogs, chat areas, news groups, forums, communities, personal Web pages, calendars, and/or message or communication facilities designed to enable communication with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or mobile device.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including email addresses, without their consent.
• Violate any applicable laws or regulations.

Hakuna Matata Vibes has no obligation to monitor the Communication Services. However, Hakuna Matata Vibes reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Hakuna Matata Vibes reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Hakuna Matata Vibes reserves the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Hakuna Matata Vibes’ sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Hakuna Matata Vibes does not control or endorse the content, messages or information found in any Communication Service and therefore, Hakuna Matata Vibes specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO HAKUNA MATATA VIBES OR POSTED AT AN HAKUNA MATATA VIBES WEB SITE

Hakuna Matata Vibes does not claim ownership of the materials you provide to Hakuna Matata Vibes (including feedback and suggestions) or post, upload, input or submit to any Hakuna Matata Vibes Web site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting Hakuna Matata Vibes, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Hakuna Matata Vibes is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Hakuna Matata Vibes’ sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Hakuna Matata Vibes WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Hakuna Matata Vibes AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Hakuna Matata Vibes WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Hakuna Matata Vibes WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Hakuna Matata Vibes AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE Hakuna Matata Vibes WEB SITE FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS'' WITHOUT WARRANTY OR CONDITION OF ANY KIND. Hakuna Matata Vibes AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Hakuna Matata Vibes AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Hakuna Matata Vibes WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Hakuna Matata Vibes WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Hakuna Matata Vibes WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Hakuna Matata Vibes WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Hakuna Matata Vibes OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SINCE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Hakuna Matata Vibes WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Hakuna Matata Vibes WEB SITE.

TERMINATION/ACCESS RESTRICTION

Hakuna Matata Vibes reserves the right, in its sole discretion, to terminate your access to the Hakuna Matata Vibes Web Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the Hakuna Matata Vibes Web site. Use of the Hakuna Matata Vibes Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hakuna Matata Vibes as a result of this agreement or use of the Hakuna Matata Vibes Web site.

Hakuna Matata Vibes’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hakuna Matata Vibes’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Hakuna Matata Vibes Web Site or information provided to or gathered by Hakuna Matata Vibes with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hakuna Matata Vibes with respect to the Hakuna Matata Vibes Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hakuna Matata Vibes with respect to the Hakuna Matata Vibes Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

Intellectual Property Rights

The Hakuna Matata Vibes web site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, greeting card designs, images, video and audio, and the design, selection and arrangement thereof), are owned by Hakuna Matata Vibes, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

If you send information or material to Hakuna Matata Vibes or post information or materials on the Web site, you are solely responsible to ensure that you are allowed to take such actions and that your actions will not infringe on any other party’s rights. You acknowledge and accept that Hakuna Matata Vibes automatically and immediately upon receipt thereof is given a non-exclusive, royalty-free, transferrable, and licensable license to such information and materials, with full and free right of disposal, including but not limited to the right to make changes and publications of the information and materials.

Copyright

Except as set forth in these Terms or in mandatory law, you may not copy, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms or in mandatory law), create derivative works from, distribute, perform, display, reverse engineer, decompile or disassemble, or in any way exploit, any of the content, software, materials or the Web site, in whole or in part. You may access the Web site for your personal, noncommercial use only.

Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Hakuna Matata Vibes or the copyright holder identified in the individual content’s proprietary notices including copyright notice. Neither title nor intellectual property rights are transferred to you by use of or access to this Web site; rather, all rights, title and interest in and to all aspects of the Web site remain the property of Hakuna Matata Vibes.

Material on this Web site is provided for lawful purposes only. Hakuna Matata Vibes and hakunamatatavibes.com are intellectual property rights owned by Hakuna Matata Vibes and/or its affiliates, subsidiaries, parent or related companies. The use or misuse of these trademarks is strictly prohibited. All other trademarks are the property of the respective trademark owners.