January 28, 2016
BY DOWNLOADING THE APPS, USING, REGISTERING, BROWSING CONTENT, SUBMITTING CONTENT TO, OR OTHER ACCESS AND/OR USE THE SERVICE, YOU AGREE TO THESE TERMS AND POLICY BELOW. If you do not wish to agree to all of these Terms and Policy provisioned in this document, please terminate your use of the Apps and Service immediately.
I. Terms of Service
You need to be at least 13 years of age to use the Service. If you are between the ages of 13 and 18, a parental consent to these Terms and Policy to Shaka Guide is required before your use of the Service. If you are under 13 years of age, you may not use the Service.
Shaka Guide reserves the right to change these Terms and Policy at any time. You may be notified by the updated date at the top of this document. Occasionally, we will notify the changes made to Terms and Policy by email or other means on the Service. Please make sure you check for changes to these terms periodically. Any change to these Terms and policy becomes immediately effective following their posting. Your continued use of the Service after changes made to these Terms and Policy indicate your acceptance to those changes. If do not wish to agree to any changes to these Terms and Policy, please immediately terminate your use of the Service.
Further, these Terms and Policy will also govern any upgrades or new versions of the Apps and/or Service that may replace and/or supplement the original Apps and/or Service. If the upgrade or new version is not accompanied by a Terms and Policy, these Terms and Policy will govern.
Description of Service
Shaka Guide provides you access to location-based audio content and other information.
Registering as a User
Despite our best efforts to protect your personal data, you must fully accept the risk of potential security breach imposed by third parties. In such cases, you agree to indemnify Shaka Guide of all your losses or damages incurred as a result of such security breach.
Your Right to Use the Service
If you fully accept and comply with these Terms and Policy, Shaka Guide grants you non-commercial, personal, limited, nonexclusive, nontransferable and revocable license to access and use the Service. When you download the Apps, you are given the right to download, use and access one copy of the App at the priced listed.
You also fully accept that the Service contain copyrighted material, trademarks and other proprietary information, including, but not limited to text, URL, animation, software, images, audio, video, graphics, music, and the rights to the contents of the Services under the United States copyright laws and other laws are owned, controlled, or Licensed or otherwise made legal to use by Shaka Guide. While you are granted a license to use, access, view or display the Service, you may not modify, reproduce, copy, frame, interfere, disrupt, alter, disclose, publish, transmit, translate, publicly display, publicly perform, sell or participate in the sale, create derivative works, license, sublicense, rent, transfer, assign, disassemble, decompile or reverse engineer any of the content or software of the Service, or in any other way exploit the content or the Service, in whole or in part. You further agree to not attempt to gain unauthorized access to the Service and its related systems or networks.
Shaka Guide reserves the right to terminate the license granted to you upon your violation of any provisions listed in these Terms and Policy, policies listed within the third party application store or marketplace where you downloaded the Apps, or at our discretion, If you wish to terminate the license granted by Shaka Guide, please delete and destroy any copies of the Apps and terminate your use of the Service.
Equipment and Internet Data
You are solely responsible to provide, maintain and manage the equipment necessary for the use or access to the Service, including, but not limited to your mobile devices, tablet devices, computers, ear plugs, ear phones, head phones, chargers, auxiliary jack, bluetooth devices, USB cords and any other hardware or software needed to use and access the Services.
In addition, you further agree that you are solely responsible for providing and managing the Internet connection and data, and all their related fees incurred as the result of your use or access to the Service. Although Shaka Guide’s Apps can be used offline, you hereby acknowledge that the Apps may access the Internet data on your device during your access or use to the Apps, or while the Apps are in the background state of your mobile device. You further acknowledge that if you do not wish to use any Internet connection or Internet data, you may turn off your mobile device’s access to the Internet or data by managing it under setting provided on your device. For specific instruction on how to turn off your device’s Internet and data usage, please consult your device’s manufacturer. You assume all responsibility for all data fees during your use, or related to your use or access to the Service.
Shaka Guide may allow you or third parties to submit content or material to the Service. Any content or material submitted to the Service by you will be owned by you. And you agree to assume the full responsibility and indemnify Shaka Guide harmless to the fullest extent allowed by law regarding all matters related to content or materials submitted by you.
You also hereby acknowledge that by submitting content or material to the Service, you automatically grant Shaka Guide the royalty-free, worldwide, universal, transferable, perpetual, irrevocable, non-exclusive right and license to use, reproduce, store, broadcast, publicly perform, publicly display, publicly promote, advertise, create derivative works from, distribute, translate, transmit, reproduce, modify, edit, reformat, adapt, license, sublicense, sell or participate in the sale, copy, transfer, assign, disassemble, decompile such content and material, in whole or in part, and to incorporate it in other works in any form, without compensation. You also agree to allow us to use your name along with the content and material submitted by you.
If you are a resident of the European Union, or other countries that recognize inalienable moral rights, you hereby grant Shaka Guide the broadest license legally allowed under the applicable law.
Modification and Availability
Shaka Guide reserves the right to alter, update, or remove the Apps and Service any time, or demand that you do so. You acknowledge that Shaka Guide does not warrant that the Apps and Service will always and continuously be working or accessible. Shaka Guide further disclaims that the Apps and Services will always work as advertised, or to your satisfaction.
You hereby agree to do the following in connection with the Service:
Exercise caution while using the Apps and Service and acknowledge that you are solely responsibility for your own safety and others around you. You hereby acknowledge that Shaka Guide is not responsible for your safety in any way in connection to your use or access to the Apps and Service;
Never attempt to interfere with, disrupt, circumvent, overburden, damage or compromise the Service and its system integrity and security;
Never interfere with or negatively affect other users;
Never access the Apps and Service through technology or means other than those authorized by Shaka Guide;
Never use the Service for any illegal, unlawful or unauthorized purpose or activities;
Comply with all local, state or federal laws regarding your use of the Service. Shaka Guide is not responsible for your violation of any laws during your use of, or in connection with the Service.
Shaka Guide’s Rights
You hereby acknowledge that all information, data, materials, content, graphics, text, graphs, designs, look and feel, HTML, photographs, images, sounds, music, audio, video, sources and object codes, algorithms, logos, trademarks, service marks are owned by or licensed by Shaka Guide, and are subject to copyright and other intellectual property rights under United States, and that of other nations or international conventions. Shaka Guide reserves all rights not expressly set forth in these Terms and Policy.
Payments and Refunds
Shaka Guide distributes the Apps through the App Store, Google Play and/or other third party marketplace. Payments for the Apps and all in-app purchase products are due at the time of download or purchase via the third party marketplace from which you made the purchase or download. Any refunds, request for refunds, or disputes shall be processed through the same third party marketplace.
Representations and Warranties
You hereby acknowledge that Shaka Guide is not responsible for anything you may encounter while using the Apps, including, but not limited to, physical and natural hazards, traffic, accidents and any forms of delay, danger, damages or losses. You further acknowledge that Shaka Guide’s Apps and Service only provide you with information and you solely rely on yourself for your own safety and the safety of others around you, and to be fully aware of your surroundings at all times during the use of the Apps or Service.
YOU HEREBY EXPRESSLY AGREE THAT THE USE OF SERVICE IS AT YOUR SOLE RISK. SHAKA GUIDE AND ITS EMPLOYEES, MANAGERS, INVESTORS, OFFICERS, DIRECTORS, PARTNERS, OWNERS, THIRD PARTY PROVIDERS, LICENSORS, CONTRACTORS, OR AGENTS (“COVERED PARTIES”) GIVE NO WARRANTY (EXPLICIT OR IMPLIED) THAT THE SERVICE WILL BE ERROR FREE, UNINTERRUPTED OR TO YOUR SATISFACTION; NOR DO THE COVERED PARTIES WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR FROM THE ACCURACY, COMPLETENESS OR RELIABILITY OF INFORMATION CONTAINED THEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. SHAKA GUIDE AND COVERED PARTIES FURTHER DISCLAIM THAT THE SERVICE WILL BE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES, MALWARE, FAILURE, SECURITY BREACH BY THEIR PARTIES, INACCURATE INFORMATION OR DATA, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION OF INFORMATION IN THE SERVICE. SHAKA GUIDE FURTHER DISCLAIMS ITS WARRANTY THAT YOUR USE OF THE APPS AND SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. FURTHER, SHAKA GUIDE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS SUITABLE FOR ANY PURPOSE, NON-INFRINGEMENT, CONDITION OF TITLE AND CUSTOM.
IN NO EVENT WILL COVERED PARTIES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR INJURY, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU HEREBY AGREE TO ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES.
YOU FURTHER AGREE TO NOT RELY ON THE SERVICE FOR SAFETY (YOUR OWN AND OTHERS). YOU UNDERSTAND THAT ALTHOUGH SHAKA GUIDE STRIVES TO PROVIDE ACCURATE DATA AND UNINTERRUPTED SERVICE, THE APPS AND SERVICE MAY CONTAIN ERRORS, MISTAKES AND FAILURES. IN ADDITION, THE APPS AND SERVICE DOES NOT KNOW WHAT IS TAKING PLACE IN FRONT OF YOU. YOU ALSO HEREBY EXPRESSLY ACKNOWLEDGE THAT ALL LOCATIONS, MAPS, MAP ROUTES, DIRECTION, NAVIGATION, TOUR HIGHLIGHTS AND ALL INFORMATION, DATA, MATERIALS, CONTENT, AUDIO, VIDEO ARE ONLY APPROXIMATES, AND IS “AS-IS” AND “WITH FAULTS”.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SHAKA GUIDE AND COVERED PARTY BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, A) YOUR USE OR INABILITY TO USE THE APPS AND/OR SERVICE; B) ERRORS, MISTAKES, OMISSIONS, OR ANY INACCURACY OF INFORMATION, CONTENT OR DATA; C) ANY VIRUSES, MALWARE, FAILURES, BUGS IN THE TRANSMISSION OF INFORMATION; D) ANY SERVICE SECURITY BREACH BY THIRD PARTIES; E) ANY MISTAKES, OMISSION, FAILURE OR ERRORS IN THIRD PARTY CONTENT; F) ANY LOSS OF PROPERTY, INCLUDING BUT NOT LIMITED TO PHYSICAL LOSSES, DEATH AND/OR ANY AND ALL OTHER TYPES OF DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS AND POLICY, YOUR USE OF THE SERVICE (INCLUDING, THE APPS AND ANY SHAKA GUIDE TOUR), AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, OMISSIONS, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF SHAKA GUIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU RESIDE IN A STATE THAT DOES NOT ALLOW SHAKA GUIDE TO LIMIT OUR LIABILITY, SUCH AS THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SHAKA GUIDE’S LIABILITY SHALL BE LIMITED TO THE SMALLEST EXTENT POSSIBLE BY LAW IN YOUR PARTICULAR JURISDICTION.
FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF SHAKA GUIDE AND COVERED PARTIES WILL NOT EXCEED THE PURCHASING PRICE FOR THE PARTICULAR SHAKA GUIDE TOUR FROM WHICH THE LOSS OR DAMAGES AROSE (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE AND/OR INTERNET DATA USAGE).
You agree to defend, indemnify and hold harmless Shaka Guide and its officers, directors, owners, employees, contractors, investors and agents, from and against any and all claims, damages, payments, deficiencies, fines, obligations, losses, liabilities, costs, debt, judgments, settlements and expenses (including but not limited to attorney’s fees, costs, penalties, interests and disbursements) arising from, or related to any conduct with respect to the Service, violation of these Terms and Policy, your violation of any third party right, including but not limited to any copyright, property or privacy.
This indemnification obligation will survive these Terms and Policy and your use of the Apps and Service.
Third Party Software
The Apps and Service may contain certain third party software, plugins or Application Programming Interface (collectively “Third Party Software”) that require separate terms of agreement. You agree to use the Third Party Software in conjunction with the Apps in a manner consistent with these Terms and Policy.
Changes to the Service
Shaka Guide reserves the right in our discretion to review, amend, improve, change or discontinue these Terms and Policy from time to time, with or without notifying you. Further, Shaka Guide reserves the right to change, modify or discontinue any features, materials, content or data in the Apps and Service at our discretion, also with or without notifying you. You acknowledge that Shaka Guide is not reliable to you or any third party for any changes, alteration or discontinuance of the Service in whole or in part.
You represent and warrant that (a) you do not reside in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree that Shaka Guide may communicate with you electronically for all purposes. You agree that electronic communication will satisfy any legal communication requirements, including that the communications be in writing. You further agree to contact Shaka Guide if you wish to withdraw your consent from receiving electronic notice. Email address for such notification to Shaka Guide is email@example.com.
Choice of Law
This Agreement shall be governed by the laws in the state of Hawaii and the United States of America.
Suspension and Termination
Shaka Guide may suspend or terminate your rights to access or use the Service for any reason or for no reason at all at our discretion. Although Shaka Guide will strive to provide you timely explanation in most cases, we reserve the right to do so with or without notifying you. Suspension or termination may include restricting access to and use of the Apps and Service. If you wish to terminate the use of the Apps and/or Service, please do so by deleting or destroying the Apps that you have downloaded and cease using the Service. Deleting the Apps will result in the immediate deletion of all content included in the Apps that you downloaded. Shaka Guide reserves the right to keep any content submitted by you to our Service, including your username, password, first name, last name, zip code and all other information provided by you with your permission (explicit or inexplicit), for commercial, internal and legal purposes. All of the terms in these Terms and Policy (excluding the license grant) will survive any termination or suspension.
Forum of Dispute
You agree that in the event of any controversy or claims arising out of or relating in any way to these Terms and Policy, prior to commencing any litigation against Shaka Guide, you or your representatives shall consult and negotiate with Shaka guide in a timely manner and attempt in good faith to reach a settlement of such dispute.
In the event that you and Shaka Guide are unable to resolve the matter(s) in dispute amicably within sixty (60) days, either you or Shaka Guide may give notice of the dispute to the other party, the parties shall submit all matters still in dispute to mediation by a mediator in the City and County of Honolulu, Hawaii.
The mediation shall be conducted under such procedures as you and Shaka Guide may agree. All costs and expenses of mediation, including attorney fees of the prevailing party shall be paid by the non-prevailing party.
In the event that you and Shaka Guide are unable to resolve the matter in dispute through mediation, the unresolved dispute shall be resolved by arbitration in accordance with the rules of the American Arbitration Association (AAA) before a single arbitrator selected by Shaka Guide in Honolulu, Hawaii. However, you and Shaka Guide agree to not proceed to arbitration by first resolving it through mediation.
The arbitration shall be conducted under such procedures as both you and Shaka Guide may mutually agree or, failing such agreement, under the arbitration rules of AAA. The arbitrator shall render a written opinion including findings of fact and law and the award and/or determination of the arbitrator shall be binding on you and Shaka Guide, and will not be subject to appeal. All costs and expenses of arbitration shall be paid by the non-prevailing party.
For any disputes that are not handled by mediation and arbitration, you agree that any action at law or in equity arising out of or relating to these Terms and Policy shall be filed only in the state and federal courts located in Honolulu, Hawaii. And you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and Policy, or the use of the Apps and Service.
You agree that Shaka Guide is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, power outage, failure or delay of your device’s signal and service integrity to the global positioning system (GPS), failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of these Terms and Policy is found to be unlawful, conflicting with another provision of these Terms and Policy, or otherwise unenforceable, these Terms and Policy will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of these Terms and Policy are deemed to conflict with each other’s operation, Shaka Guide shall have the sole right to elect which provision remains in force.
Enforcement of these Terms and Policy is solely at our discretion. Shaka Guide reserve all rights permitted to us under these Terms and Policy as well as under the provisions of any applicable law. Shaka Guide’s non-enforcement of any particular provision(s) in these Terms and Policy or the any applicable law should not be deemed as our waiver of the right to enforce that same provision under the same or different circumstances at any time.
You may not assign your rights and/or obligations under these Terms and Policy to any other party without obtaining a written consent from Shaka Guide. Shaka Guide may assign our rights and/or obligations under these Terms and Policy to any other party at our discretion with or without notifying you.
Pursuant to California Civil Code Section 1789.3, any inquiries to Shaka Guide must be addressed via email to: Further, under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Information Provided by You
To use or access the Apps and Service, you may be required to provide certain information explicitly, such as your name, email, browser, location, username, password and zip code when you sign up via email, and/or other information you submit by permission when you sign up via Facebook or Google, or interact with us via Twitter and other social media services. Information we obtained from these social media services is in accordance with the authorization procedures determined by these services.
Further, Shaka Guide may collect additional information such as your location, browser, and other information when you contact us, give feedback, fill out a form, contact customer support, communicate with us via third party means, such as social media services, or otherwise communicate with us.
Information Collected Automatically By Shaka Guide
Whenever you use our Apps or Service, Shaka Guide may collect information from you, such as your IP address, usage and interactions with the Service, query information, location, referring URL, browser, operating system, device type, version, unique identifiers, mobile network information, cookie information, data transferred, date and time, duration of usage, pages viewed, and the page you visited before navigating to the Service, purchase history and other information.
Cookies and Tracking
Shaka Guide may use a variety of technology, such as cookies and web beacons, to collect information from you, for the purpose of improving our Service, analytics, and understanding how you interact or use the Service.
Use of Information
Shaka Guide may use information about you for the following purposes, including but not limited to:
Improve, test, deliver, maintain and provide our Service to you and other users;
Understand, monitor your use, activities in connection with the Service;
Communicate with you regarding all issues, matters, promotions, offers, events, reward, support, message and all information related to the Service;
Provide customer support, respond your comments, feedback, inquiries, resolve concerns and all other support and service related to the Service;
Detect, investigate and prevent any suspected breach of these Terms and Policy;
Share third-party offers with you;
Shaka Guide is based in the United States and is governed by the U.S. laws. By accessing or using the Service, you agree to provide information and the transfer and process to the U.S. and other countries;
Third Party Access to Your Information
Shaka Guide may share information about you or as otherwise described in these Terms and Policy third parties in the following ways, including but not limited to:
With consultants, vendors, suppliers and any other service or providers that require such information to carry out work on Shaka Guide’s behalf;
To protect our rights, safety, property of Shaka Guide and others;
If we reasonably believe that you breached these Terms and Policy;
In connection with the negotiation, sale or merger of Shaka Guide’s assets, acquisition, financing in whole or in part, to a party or third parties;
With your consent, we may share information you provide with third parties;
Shaka Guide may also share anonymous data with no identifiable personal information regarding you with third parties.
Without limitation of the generality of the foregoing, you hereby grant your authorization to Shaka Guide to use third party services for the purposes of information collection, providing Service to you, and analytics.
Third Party Analytics
You agree that Shaka Guide may disclose your information to authorities if compelled to by a court order according to the U.S. law or the laws of other countries and convention. Additionally, Shaka Guide may disclose your information with law enforcement or third parties if we reasonably believe that you have beached these Terms and Policy or for any other legal purposes.
You agree that once information is submitted by you or collected by Shaka Guide, you will be unable to opt out of our data collection practices. In the event that you wish to review, change, access, or remove any of your information provided by you, or collected by Shaka Guide, please contact us at firstname.lastname@example.org You further agree that Shaka Guide may keep archived copies of your information as required by law of for legitimate business purposes.
You may choose to remove or reject cookies on our Services by changing your browser setting. You may remove permission to receive push notification and alerts from Shaka Guide by on your mobile device. You may opt out receiving promotional, unsolicited communications, such as emails, texts, messages from Shaka Guide by unsubscribing from or unfollowing us.
Children’s Online Privacy Protection Rule (COPPA)