Terms of use

1. These terms

By using Our Pasifika you agree to these terms. If you do not agree with them, please do not use the service. If you are using it for a school, studio or business, you are agreeing on its behalf as well as your own.

We may change these terms - to describe something new, or because the law changes. When we do, we will change the date at the top, and we will tell account holders by email if the change matters to what you have already bought. Continuing to use the service after a change means you accept the new terms. A change never takes away access to a video you have already paid for.

Our privacy policy explains what we do with your information, and is part of this agreement.

2. Your account

• An account is for one person. Do not share it, sell it, or let anyone else sign in with it. Your household is welcome to watch with you; a class, a studio or a group is not.
• Keep your password to yourself, and tell us if you think someone else has it.
• Give us a real email address, and keep it current. It is how we send your receipts and confirm your account, and how we would reach you about a problem.
• You must be 13 or older to have an account, and 18 or older (or have a parent or guardian do it) to buy anything.
• You are responsible for what happens under your account.
• You can close your account at any time from your account page. What that deletes and what we have to keep is set out in the privacy policy.

3. What buying a video gives you

Buying a video does not make it yours. It gives you a personal licence to watch it on Our Pasifika - on the website and in our app, signed in to your own account. The licence is:

• Personal and non-commercial. For your own learning and enjoyment, and for your household. The video itself is only ever for watching; what you may then do with what you learn from it - performing and teaching a dance, making a craft - is set out in section 6.
• Not transferable. You cannot give it, lend it, sell it or leave it to anyone.
• Not exclusive, and it gives you no rights in the video itself.
• For the access period shown. Every video you buy comes with a number of days of access, shown beside the price before you buy, and afterwards in your library and your purchase history. When it ends, the video stays listed but no longer plays. Buying it again while access is still running adds another period on the end.

Free videos work the same way: you may watch them, and saving one adds it to your library, but the terms in section 6 apply to them exactly as they do to the videos you pay for. Trailers and preview clips are there to help you choose, and are covered by these terms too.

4. Prices, payment and refunds

• Prices are shown on each video, in the currency shown, and are the price you pay at the moment you buy. We may change prices, but never for something you have already bought.
• Payments are handled by a specialist payment processor. Your card details go to it and never reach our own systems, and its terms apply to the payment itself.
• Any tax we are required to collect is shown before you confirm.
• Because access is immediate, a purchase is generally final. If a video will not play for you, or you were charged twice, or you bought the wrong thing and have not watched it, write to us within 14 days and we will put it right - a fix, or a refund. We may also refund a purchase at our own discretion.
• A refund can be for the whole purchase or for part of it. A full refund ends your licence to that video, and we may remove it from your library. A partial refund - for a problem put right some other way - leaves your access as it is, unless we tell you otherwise when we make it.

5. Donations

Our Pasifika is a 501(c)(3) tax-exempt organization (EIN 88-2747196). A donation supports that work: the workshops, the filming, and the teachers and families who share what they know.

• Donations are tax-deductible to the extent allowed by law. We cannot give tax advice, so ask your own adviser how it applies to you.
• Nothing is given in exchange. A donation is not a purchase: it buys no video, adds nothing to your library, and gives you no rights of any kind - which is also why the whole amount is a contribution.
• Your receipt is emailed as soon as the donation goes through. It names the organization and its tax-exempt status, and states the amount, the date and that no goods or services were provided. Keep it for your tax records; we can send it again if you lose it.
• Donations are not refundable, except where a payment was made in error - a duplicate, or an amount you did not intend - and you tell us within 14 days.
• If you leave a note with a donation, we read it; we will not publish it or your name without asking you first.

6. What you may and may not do

This is the section that protects the people whose work you are watching. It draws one line: what you learn from a video is yours to use in the ways below, but the video itself - each video, each chapter, the sound, the images, the descriptions and the way they are arranged - may be watched on Our Pasifika and nowhere else.

What you may do with what you learn

• Dance. From a dance lesson - hula, and the dances of Tahiti, Aotearoa, Samoa and Tonga, with the chant and movement taught as part of them - you may perform what you have learned, including for payment, and you may teach it. What you may not do is bring the video with you: it must not be played, shown, screened or shared as part of a performance, a class, a rehearsal or a lesson, and a student who wants to watch it needs their own account.
• Arts and crafts. From a craft workshop - lei, weaving, featherwork, carving, sewing and the other arts shown here - you may make things for yourself, your family and as gifts, as a personal hobby. That use is strictly non-commercial: you may not sell what you make with the methods or patterns shown, take orders or commissions for it, use it in a business, or run a paid class or workshop from it.
• Everything else - stories, interviews, cooking, behind the scenes - is for your own watching and personal use.

Where a video mixes the two - a lei made for a hula, say - the dance follows the dance rule and the craft follows the craft rule. Where a family, teacher or community has set its own conditions on a video (section 8), those conditions come first, even where they are narrower than this.

What you may not do with the videos

Whatever kind of video it is, you may not:

• Copy or keep a copy. No downloading, ripping, recording the screen, capturing the stream, or saving any part of a video outside the service, by any method and for any reason.
• Get around the player. No circumventing, disabling or interfering with the way the videos are delivered or protected, and no use of tools built to do that.
• Share your way in. No lending your account, no passing on a play link, and no showing a video to someone else through screen sharing, a watch party or a remote session.
• Re-publish. No uploading, posting, streaming or sending any part of a video anywhere else - including social media, messaging apps, a website, a course platform, a shared drive or a USB stick - whole, clipped, edited, sped up, translated, dubbed or set to other music.
• Show it to a group or a class. No public performance and no screening: not in a studio, a hālau, a school, a gym, a church, a community hall, a hotel, a workplace, a cruise ship or an event, whether or not anyone is charged - and not in a class you teach or a show you perform, even where teaching or performing what you learned is allowed.
• Use the video to teach. Teaching a dance you have learned is allowed; teaching with the video is not. No playing it in a class, sending it to students, setting it as homework, or building a course, workshop or certification around it. And do not present a teacher's instruction as your own: credit where you learned it.
• Sell the video or the crafts. No use of a video, or of any part of it, in anything you sell, advertise, or post to earn money or a following, and no commercial use of the craft methods and patterns shown (above). Performing a dance you learned for payment is not this - that is allowed.
• Feed it to a machine. No use of any part of the catalogue - video, audio, images, text or the pose and movement data that could be extracted from them - to train, fine-tune, evaluate or prompt any artificial intelligence or machine-learning model, and no use of it to generate anything. This is withheld expressly, and no exception for text and data mining applies.
• Take the catalogue itself. No scraping, crawling, indexing or bulk collecting of pages, listings, descriptions, images or play links, and no automated access other than ordinary search-engine indexing of our public pages.
• Break the site. No probing, overloading or testing our systems, no attempt to reach an account or a video you have not been given, and no removing or altering a credit, watermark or copyright notice.

If you want to do something this section does not allow - screen a video to a class, use a clip in something of your own, sell crafts made from a workshop, licence something for a studio - ask us. Some of it we are glad to arrange, and the teachers in the videos are paid when we do.

7. Who owns the videos and the knowledge in them

The service, the catalogue and everything in it belongs to Our Pasifika, or to the teachers, dancers, musicians, artists, filmmakers and families who made it and who licence it to us. Nothing in these terms transfers any of that to you.

• The performances, instruction and music in a video belong to the people who gave them. Their names, voices, likenesses and reputations are their own; you may not use any of them to suggest a connection, an endorsement or a qualification you do not have.
• The choreography, chants, songs, patterns and techniques shown in a video stay with the people and traditions they come from. Section 6 says how you may use what you learn - performing and teaching a dance, making a craft for yourself - and that use gives you no ownership of them and no right to claim them as your own.
• Our Pasifika, the logo and the look of the service are ours, and may not be used without our written permission.
• Any feedback you send us we may use freely, without owing you anything for it.

8. Cultural respect

Much of what is taught here - hula and its oli and mele, the dances and music of Tahiti, Aotearoa, Samoa and Tonga, and the crafts and voyaging traditions that travel with them - is cultural inheritance, held by families, hālau and communities under their own protocols. Copyright law is not the whole of what protects it, and these terms are not the whole of what you owe it.

• Some material is shared here with conditions set by the family, teacher or community it came from. Where a video says so, those conditions come with it and you agree to keep them.
• Do not present this knowledge as your own, strip it of who it came from, or pass it on as a style, a brand or a product.
• Do not use it in a way that mocks, sexualises, or trades on a culture that is not yours to trade on.
• Credit the teacher and the tradition when you perform, teach or speak about what you have learned.

If you believe something here is shared without the right permission, or in a way that breaks a protocol, please tell us. We will listen, and we will take it down while we look into it.

9. If you contribute to Our Pasifika

If you send us a video, music, a photograph, a translation or anything else to publish - as a teacher, an artist or a filmmaker - this is how we work:

• You keep ownership. What you make stays yours. You give us a licence to show it on Our Pasifika, to promote it on the service and in our own marketing, and to make the technical copies and formats that streaming needs.
• You are credited as you ask to be, including the hālau, family or tradition you want named beside it. Your name, photo, biography and links appear on your videos and on your own profile page only once you have agreed to it, and you can ask us to change or remove them at any time.
• You promise you have the right to give it to us: that the work is yours or licensed to you, that everyone in it has agreed to appear, that any music and any chant or song is cleared, and that you have the cultural permissions the material needs.
• You can ask us to take it down. We will, within a reasonable time, though people who have already bought it keep the access they paid for until it runs out, and we keep the records of those payments.
• Payment, exclusivity and anything else particular to your work is in the written agreement we make with you, and where that agreement and these terms disagree, that agreement wins.

10. Copyright complaints

We respect copyright and we expect the same. If you believe something on Our Pasifika infringes your copyright, send us a notice under the US Digital Millennium Copyright Act with:

1. your name, address, telephone number and email address;
2. what work you say has been infringed;
3. where it is on our service - a link is best;
4. a statement that you believe in good faith the use is not authorised by the owner, its agent or the law;
5. a statement that the information in your notice is accurate, and that under penalty of perjury you are the owner or authorised to act for them;
6. your signature, electronic or physical.

Send it to our copyright agent at media@ourpasifika.com, or by post to the address in section 18. We will take down or disable what the notice identifies where it is proper to do so, and tell whoever put it up. If you believe your material was removed by mistake, you may send a counter-notice with the same details and a statement, under penalty of perjury, that you believe it was removed in error. We end the accounts of repeat infringers.

11. Suspension and enforcement

We may suspend or close an account, and remove access, if we believe on reasonable grounds that these terms have been broken - immediately and without notice where the breach is serious, such as copying or re-publishing a video, sharing an account, or getting around the player. Where the breach is minor or looks like a mistake, we will normally ask you to put it right first.

Closing an account for a breach does not entitle you to a refund of what you have paid, and it does not limit anything else we may do - including telling the teacher or family whose work was taken, asking a platform to remove what was posted, and going to court for an injunction, for our losses and for the profits made from the misuse. Some of what section 6 forbids is also a criminal offence.

12. Changes to the catalogue and to your access

The catalogue changes: videos are added, and sometimes one has to come down - a licence ends, a family asks us to withdraw something, or a mistake needs correcting. We may change or remove any part of the service.

If a video you have bought has to come down while your access is still running, we will tell you, and we will either give you something comparable or refund the unused part of what you paid. That is the promise; everything else about the service may change without notice.

We try to keep the service available, but we do not promise it will never be down. Maintenance, a failure at one of the companies we depend on, or something outside our control can interrupt it.

13. Dancing is physical

These videos teach movement. You take part at your own risk. Nothing here is medical advice, and we are not your instructor: we cannot see you, correct you or judge what is safe for your body.

• Talk to a doctor before you start if you are pregnant, recovering from injury or illness, have a heart or joint condition, or have any doubt.
• Warm up, work within what you can do, use a safe space and suitable footing, and stop if something hurts.
• Supervise children.

By using the service you accept the risk of injury from following what these videos show.

14. The service as it is

The service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise the service will be uninterrupted or error-free, that a video will play on every device or connection, or that following a video will produce any particular result.

15. Limits on our liability

To the fullest extent the law allows, neither Our Pasifika nor the teachers and contributors whose work appears here are liable to you for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data or personal injury, arising from your use of the service.

Where we are liable, our total liability to you for everything connected with the service is limited to the greater of the amount you paid us in the twelve months before the claim and US$100.

Some places do not allow some of these exclusions, and where that is so, they do not apply to you. Nothing here limits liability for our own fraud, or for anything that cannot be limited by law.

You will cover us - Our Pasifika, our people and our contributors - for claims, losses and reasonable legal costs arising from your breach of these terms or your misuse of the videos.

16. Hawaiʻi law, and where disputes go

These terms are governed by the law of the State of Hawaiʻi and the federal law of the United States, without regard to conflict-of-law rules. Any dispute goes to the state or federal courts in Honolulu, Hawaiʻi, and you and we both agree to that venue. Nothing stops us from asking any court for an injunction to stop the misuse of our or our contributors' work.

Please write to us first. Most problems are solved in an email, and we would rather solve yours that way.

17. The rest

• These terms, the privacy policy and anything shown at the point of purchase are the whole agreement between us about the service.
• If a part of these terms cannot be enforced, the rest still stands.
• Not enforcing something once does not mean we give it up.
• You may not transfer your rights under these terms. We may transfer ours to a company that takes over this service, and your access comes with it.
• There are no third-party beneficiaries, except that the teachers and contributors whose work appears here may rely on sections 6, 7, 8 and 15.
• Sections 6, 7, 8, 10, 15, 16 and 17 continue to apply after your account closes.

18. How to reach us

Questions about these terms, permission to use something, or a complaint:

Our Pasifika media@ourpasifika.com Our Pasifika 4369 Lawehana Street, A2 Honolulu, HI 96818