Legal

Last updated February 21, 2024

General Disclaimer. Honua Design Pty. Ltd. (“Honua Design” “me,” “I”) provides the information on these pages as a public service for informational purposes only. Information contained in these pages is not intended to be, and should not be taken as, advice. All information provided through this website, on the blog or through Honua Design’s email subscription are provided “as-is, where-is” and without any warranties of any kind, including the warranties of merchantability or fitness for a particular purpose. Your use of this website does not constitute or establish a contractual relationship with Honua Design. 

Third Party Information Disclaimer. Certain links on this site lead to websites controlled by other parties over whom Honua Design has no control. Therefore, Honua Design makes no representation or warranty concerning the content or accuracy of third party information and expressly disclaims any liability therefore.

Copyright. This site and all the information it contains, including, but not limited to, articles, blog posts, designs, drawings, illustrations, photographs, videos, opinions, text, guides, and logos (“Protected Information”) are the property of Honua Design, unless otherwise noted, and is protected from unauthorized use, copying, distribution and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. All rights reserved. You may not use our Protected Information without Honua Design’s express written consent. All design, photography and copy used on this website are copyright Honua Design unless stated otherwise. If you share my content elsewhere, please provide reference to honuadesign.com and link back to the original post/page. 

Third Party Rights. Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by Honua Design either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research. I respect the intellectual property of others and ask that you to do the same. Users must obtain permission from the owners of any Third Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.

If you believe that your work has been copied on one or more of the Sites in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact me via mail or email at the contact information listed below and provide me with the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.

Conditions and Terms of Use. Honua Design occasionally provides free downloads. You may not resell, package or distribute these downloads or the information included therein. If you are promoting these downloads, please link to the original source. Honua Design welcomes comments on blog posts but reserves the right to remove any comment that is inflammatory, inappropriate, disrespectful, or too promotional. 

Linking to the Sites. Anyone linking to the Sites must comply with all applicable laws and should not: (i) misrepresent its relationship with Honua Design; (ii) present false or misleading information about Honua Design; or (iii) contain content that is reasonably considered profanity, defamatory, vulgar, offensive, or unlawful.

DISCLAIMER AND LIMITATION OF LIABILITY.
THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. SHOP CREATIVE LAW, TOGETHER WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES. THE ENTIRE RISK FOR USE OF THE SITE AND/OR SERVICES IS BORNE BY YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE POSTINGS OR ANY MATERIAL LINKED THROUGH THE SITES. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM ARISING OUT OF YOUR USE OF THE SITES IS TO CEASE USING THE SITES.

Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of the foregoing may not apply to you. In such a case, any such disclaimer or limitation of liability is limited to the minimum extent permissible under applicable law.

Your comments and concerns. This website is operated by Honua Design Pty. Ltd located at 45 Raywards Lane, Skinners Shoot, New South Wales, Australia 2481. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: joe@honuadesign.com.