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Terms of Use

INTRODUCTION


This Terms of Use comprises of our Terms of Service which includes the User Agreement, Usage of Service, and Privacy Policy (collectively referred to as “TERMS OF USE”) which together govern our company's relationship with you in relation to this website and its business.
By using and or viewing the website (“Service” and/or “Website” or “Site” ), or any services of Blue Sea Media LLC (“COMPANY”), you are agreeing to comply with and be bound by the following Terms of Use. If you do not agree to be bound by the following Terms of Use, you must leave this Site immediately. Your agreeing to these terms does not need to be a physical signature, since electronic acceptance of this Agreement is permitted by law.

BY CONTINUING TO USE THIS SITE AND ITS SERVICES, YOU REPRESENT AND WARRANTY THAT YOU HAVE READ THE FOLLOWING TERMS OF SERVICE IN THEIR ENTIRETY AND YOU AGREE TO COMPLY WITH AND BE BOUND BY THE TERMS AND CONDITIONS PROVIDED THEREIN.
The term ‘The Company’, ‘Myhoneybook.com’, 'Blue Sea Media',‘Company’, ‘us’ or ‘we’ refers to the owner of the website and its related businesses, namely ‘Blue Sea Media LLC, a Hawaii limited liability company. The term 'you' refers to the user or viewer of our website and anyone other than Company. For purposes of clarity, the term ‘you’ as used within this agreement includes, but is not limited to, you as an individual, your company or organization, and also refers to you as well as your organization, if any.
This website (including the root site and its pages, myhoneybook.com, and its related or tangential sites) is operated and brought to you by Blue Sea Media LLC., a Hawaii limited liability company ("COMPANY"). COMPANY provides its services, such as myhoneybook.com, to you, subject to the following TERMS OF USE ("TOU"). All use of and services related to this site are extended and subject to these TERMS OF USE. These TOU, and each part of them, may be updated by us from time to time without notice to you. All use and services offered to you are conditioned on your acceptance without modification of the terms, conditions, and notices contained in the TOU.
Please read the following terms carefully:

This Website may contain advertisements, communications, and links posted by independent third parties, over which We exert no control over. We do not get involved in any disputes that may develop between Our advertisers and others, and We do not facilitate communication between third parties. Therefore, You are urged to use Your own good judgment and common sense when responding to such advertisements, as We are not responsible for any interactions occurring between Our Users and Our advertisers. You are hereby advised to perform independent research any information found in Our advertisements before making any decisions.
For the purposes of this Agreement, all Members are Users, but not all Users are Members. This Agreement applies to all Users whether they are Members or not. You become a User by accessing the Site or Service in any way. You need not become a Member of the Site to make this Agreement apply to You. You become a Member by registering with the Site for a User ID and password, as discussed below.
 
If You are seeking information regarding any illegal activities, please leave this Site immediately and do not attempt to use the Services. You acknowledge that You are aware of the community standards in your community, and You will only access the content on the Site and/or use the Services if You believe that the content on the Site does not offend the community standards prevalent in Your community.
Violation of any of the terms below will result in the termination of your Account. While Company prohibits such conduct and Content on the Service, you understand and agree that Company cannot be responsible for the Content posted on the Service and that you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
USER AGREEMENT
 
ACCOUNT TERMS
 
In order to access this site, You MUST be of the age of majority in Your jurisdiction. You hereby warrant and represent that You are at least eighteen (18) or twenty-one (21) years of age, depending on the age of majority in Your jurisdiction, and that You have the legal capacity to enter into this Agreement. You are hereby advised to leave this site immediately if you are not of the age of majority in your jurisdiction. Any misrepresentation on Your part of the above provision shall not render liability onto Us.

In addition to Your representation and warranty that you are at least the age of majority in your Jurisdiction, You also represent and warranty that you will not provide any such access to this Site to any minors and that such proper precautions to avoid access by such minors must be taken by You and that We are not responsible for your failure to take necessary precautions or steps to avoid minors from being able to access this site.

WE HAVE A ZERO TOLERANCE POLICY FOR MATERIAL INVOLVING MINORS AND A ZERO TOLERANCE POLICY REGARDING PEDOPHILES OR ANY PEDOPHILIC ACTIVITY.
Although We do not produce or create some of the content on this Site, We strive to ensure that Our Site only contains material containing persons over the age of eighteen (18) and that no underage individuals appear or are depicted in any content. 
In order to further Our zero-tolerance policy, You agree that You will report any images, real or simulated, that appear to depict minors on Our Site. If You see any images or other depictions that are questionable, You agree to report these images by contacting Us at: [email protected]
Certain portions of this Site may be available to You without requiring you to create an account. Some features of the Site may require an account before access is granted. You may never use another's account without permission. If You create an account, You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify the Site immediately of any breach of security or unauthorized use of Your account. Although the Site will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of the Site or others due to such unauthorized use.
The Site has the right to suspend or terminate Your account (including paid accounts if available) at any time, with or without cause, and may refuse any and all current or future use of the Site or any portion thereof.
We are not responsible for the activities of any third party or the content of any third party Web site, including a third party's use of cookies or any other information (such as IP address, browser type or operating system) collected when You click through links on the Site to their sites or view advertisements. Links to such third party sites are not to be taken as an endorsement by the Site of the third party site or any products promoted, offered or sold on the third party site, or as an indication that such sites are free from computer viruses or anything else that has destructive properties. You are responsible for reviewing any terms and conditions of membership on third party sites. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
 
CONTENT
 
Our Site may contain images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other website content owned, operated, licensed, or controlled by third parties.

NO CONTENT CONTAINING FULLY NUDE OR EXPOSED  

GENITALIA IS FEATURED ON THIS SITE. FURTHER, NO VULGAR OR EXPLICIT LANGUAGE IS USED ON THIS SITE.


The owners and operators of this Website believe its content to be non-obscene erotic expression protected by the First Amendment. You acknowledge and stipulate that all of the Materials constitute expressive content that is fully protected by the First Amendment of the U.S. Constitution, and other similar legal principles.
You acknowledge and understand that some or all of the Materials on Our Site and transmitted via Our Services may be inappropriate for viewing by minors. You acknowledge that You are aware of the nature of the Materials provided by or through the Site and that You are not offended by such Materials, and that You access the Site and Services freely, voluntarily, willingly, and for Your own personal enjoyment.
 
2257
We are not a producer (primary or secondary) of any of the content found on the Site. With respect to the records as per 18 USC 2257 for any and all content found on this site, please kindly direct your inquiry to the site for which the content was produced.

Although We attempt to monitor all content to ensure compliance with 18 USC 2257, We cannot be 100% accurate as to third party content.


Should any content be flagged as illegal, unlawful, harassing, harmful, offensive or various other reasons, We shall remove it from the site without delay. Users who come across such content are urged to flag it as inappropriate by emailing [email protected]


THIRD PARTY CONTENT
Some websites which are linked to the Site are owned and operated by third parties. Because We have no control over such websites and resources, You acknowledge and agree that We are not responsible or liable for the availability of such external websites or resources, and do not screen or endorse them, and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources.
You further acknowledge and agree that We 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 third-party content, goods or services available on or through any such website or resource. If You decide to access any such third party website, You do so entirely at Your own risk and subject to any terms and conditions and privacy policies posted therein.

You further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by this Agreement or Our Privacy Policy, which is incorporated into this Agreement by reference.

Links to external websites (including external websites that are framed by the Site) or inclusions of advertisements do not constitute an endorsement by Us of such websites or the content, products, advertising, or other materials presented on such websites, but are for Your convenience. We reserve the right to terminate any link or linking program at anytime.


SECTION 230
 
Pursuant to the Communications Decency Act ("CDA"), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that We operate as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication or transmission of the content of other Users and third parties. We do not create such content, and We are not responsible for the publication of remarks or communications of third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Nothing contained in this Agreement is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act, and no third parties are intended to benefit from this Agreement between You and Us.
 
USAGE OF SERVICE

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.


THIS SERVICE IS FOR AMUSEMENT PURPOSES.
You understand and accept that Our Site and Services is an entertainment and recreational service. All images are provided for the amusement and entertainment of Our Members and Our Users.

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including, but not limited, to any applicable copyright or other intellectual property laws).
You understand that Company may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. This website contains material which is owned by or licensed to us or used with permission of our clients or users. This material includes, but is not limited to, wording, design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.  This site and all items published by the Company are subject to any and all applicable copyrights, trademarks, and patents of the Company. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Company, or any other Company service. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.  You agree to act in a legal and appropriate manner at all times.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
We do not control the Content posted by Members or Users, as such, We do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, objectionable, or defamatory. Under no circumstances will We be liable in any way for any Content, including, but not limited to, for any representation, errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available.

You agree that You are entirely responsible for any submission that You post, email or otherwise transmit to or via the Site, whether publicly posted or privately transmitted. If We determine that You provide or intend to provide any services or material in violation of any law, Your ability to use the Site and Services will be terminated immediately without any reimbursement of any payment You may have made to Us.
We reserves the right to terminate your account as a result of the violation of any of the terms of this TOU. You understand and agree that your use of this website and the Services associated with the website are conditioned upon the following. You agree to not use the Service to:

1) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

2) harm minors in any way;

3) impersonate any person or entity, including, but not limited to a COMPANY official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

5) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available 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);

6) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

7) upload, post, email, transmit or otherwise make available 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 designated for such purpose;

8) upload, post, email, transmit or otherwise make available 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;

9) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

10) 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;

11) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

12) "stalk" or otherwise harass another;

13) collect or store personal data about other users;

14) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, any data on the Service, use of the Service, or access to the Service;
15) "Deep-link" to any page of Our Site (including the homepage), or avoid agreement to the Site's Terms & Conditions; You may only link to and/or bookmark the main entry page; or
16) circumvent any encryption or other security tools used anywhere on the Site or in conjunction with the Services (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of the Site).
The Site does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any linked website or featured in any banner or other advertising, and the Site will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.


You expressly understand and agree that:
1) your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Company 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.
2) Company makes no warranty that (a) the service will meet your requirements, (b) the service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the service will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (e) any errors in the software will be corrected.
3) any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4) no advice or information, whether oral or written, obtained by you from Company or through or from the service shall create any warranty not expressly stated in the TOU.
5) you expressly understand and agree that Company 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 Company has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the service; (b) 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; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; or (e) any other matter relating to the service.
 
WAIVER OF CALIFORNIA CIVIL CODE, SECTION 1542
The foregoing release extends to all claims whether or not claimed or suspected and constitute a waiver of each and all the provisions of the California Civil Code, Section 1542 (to the extent it would be applicable), which reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
YOU HAVE READ AND UNDERSTOOD THE FOREGOING AND INDICATE THAT FACT BY ACCEPTING THIS AGREEMENT.
 
INDEMNITY
You agree to defend and indemnify Company, Company Affiliates, and their respective suppliers and any of their officers, directors, employees and agents from and against any claims, cause of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein; or
(b) your violation of any law or the rights of a third party.
 
WAIVER
The failure of Company to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and Company and govern your use of the Service, superseding any prior agreements between you and Company (including, but not limited to, any prior versions of the Terms of Use). If any provision of this TOU is found invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions of this TOU will not in any way be affected or impaired and the same provision will remain valid and enforceable in all other respects and circumstances.
 
ARBITRATION
Any controversy or claim arising out of or relating to this Agreement shall first be resolved by good faith discussions between the parties. If the dispute is unable to be resolved, the dispute must be settled by arbitration administered by the American Arbitration Association. The location of the arbitration proceeding shall be Hawaii. The number of arbitrators shall be three. Hawaiian  law shall apply. Judgment of the award may be entered in any competent court. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration without the prior written consent of both parties. The arbitrators shall have no authority to award punitive damages or injunctive relief. The cost of the arbitration proceeding shall be paid by the unsuccessful party. The arbitrators will be entitled to award the arbitration fees and expenses as damages in his/her discretion. This Section shall survive the termination or cancellation of this Agreement. In the event that such controversy or claim results in a lawsuit, the venue of such lawsuit shall be Hawaii. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
 
NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Service.
 
INTELLECTUAL PROPERTY

Third party and user submitted content, including without limitation, the text, software, visuals, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are the property of the respective owner of such Content and Marks. You may not use, copy, reproduce, distribute, broadcast, display, sell, license, or otherwise exploit the Content and Marks for any other purpose without the prior written consent of the owner(s).

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a report in writing and provide us with this information:
  • A 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 upon;
  • A description of where the material that you claim is infringing is located on the site;
  • 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.
Please note that this procedure is exclusively for notifying Us that your copyrighted material has been infringed.
These terms and conditions are governed by and shall be construed in accordance with the laws of the United States and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts in Hawaii.
Questions about the Terms of Use should be sent to [email protected]

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