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Terms and Conditions of Use
Terms & Conditions
Welcome to iPolynesia.com Thank you for visiting the iPolynesia.com website. This Site is provided by Black Pearl Designs LLC as a service. Please review the following basic rules that govern your use of the iPolynesia.com website. Please note that your use of the iPolynesia.com website constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass these Terms of Use, your use of this Site still binds you to these Terms of Use. iPolynesia.com reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we recommend that you review these Terms of Use whenever you use this website. User Conduct This website and any service that may be available to you on or through this site (the "Services") are provided to you solely for informational purposes. By using the website and Services you acknowledge and agree that you are at least 18 years old. If any information provided by you is untrue, inaccurate, not current or incomplete, Black Pearl Designs LLC reserves the right to terminate your account and refuse any and all current or future use of the Services. Without limitation of the foregoing, you agree to not use the website or services to: * Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy, or hateful; * "Stalk" another; * Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; * Harm minors in any way; * Impersonate any person or entity, including, but not limited to, a Black Pearl Designs official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; * Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the website; * Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); * Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; * Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are expressly designated for such purpose, provided that even in those areas where advertising and promotional materials may be allowed (if at all), you shall not upload, post, email or otherwise transmit "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; * Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity; * Act in a manner that negatively affects other users' ability to engage in the website or Services; * Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the website or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, registering multiple accounts under the same or different names; using computer program-assisted trading. * Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or * Intentionally or unintentionally violate any applicable local, state, national or international law. You also agree that you will not harvest, collect or store information about the users of this website or the Content posted by others on this website or use such information for any purpose inconsistent with the purpose of this Web site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. You acknowledge that Black Pearl Designs does not pre-screen, monitor, review or edit the Content posted by users. However, Black Pearl Designs and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, Advertising, in whole or part, that, in Black Pearl Designs' judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. Black Pearl Designs is not responsible for any failure, non-failure or delay in removing such Content. You acknowledge and agree that Black Pearl Designs may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Black Pearl Designs, its users and the public. You understand that the technical processing and transmission of the Web site, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. iPolynesia.com assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to HSX.com. Any or all Content on the website may be purged periodically in Black Pearl Designs' sole discretion. You acknowledge and agree that Content you view or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Black Pearl Designs or submitted to Black Pearl Designs. You further acknowledge and agree that the views expressed on the site do not necessarily reflect the views of Black Pearl Designs, and Black Pearl Designs does not support or endorse any Content posted by you or any user. Site Use All materials on this website — including, for example, all of the page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, and video or audio clips (collectively, the "Contents")— are intended solely for personal, non-commercial use. You may access, view, download, print or copy the Contents and other materials displayed on the Site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Contents; (2) do not modify or alter the Contents in any way; and (3) do not provide or make available the Contents to any third party. No right, title or interest in any viewed, copied or downloaded Content is transferred to you as a result of your use of this website. Black Pearl Designs LLC owns and reserves all rights, title and interest in and to the intellectual property rights in any Content you access on this website. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on the website is strictly prohibited. Black Pearl Designs LLC may terminate, change, suspend or discontinue any aspect of this website, including the availability of any features of the website, at any time and without notice. Copyright and Trademarks Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this website (collectively, the "Content") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Black Pearl Designs LLC, and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the website is the exclusive property of Black Pearl Designs LLC and is also protected by U.S. and international copyright laws. Site Security Users are prohibited from violating or attempting to violate the security of the website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Black Pearl Designs LLC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on the website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from Black Pearl Designs LLC on this website and other than generally available third party web browsers (e.g., Safari, Firefox, Chrome, Explorer). General This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Walmart to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Walmart's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under the substantive law of the state of Arkansas (exclusive of its choice of law provisions). Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of Arkansas. Indemnification You agree to defend, indemnify and hold Black Pearl Designs LLC harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site. Termination These terms are effective unless and until terminated by either you or Walmart. You may terminate this Agreement at any time, provided that you discontinue any further use of the Site. Walmart also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Walmart's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Walmart, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. DISCLAIMER THIS SITE IS PROVIDED BY BLACK PEARL DESIGNS LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. BLACK PEARL DESIGNS LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WALMART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WALMART DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BLACK PEARL DESIGNS LLC OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BLACK PEARL DESIGNS LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BLACK PEARL DESIGNS LLC BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
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