Hawaii.com (the “Service”) is owned and operated by HawaiiTourism, LLC d.b.a. Hawaii.com, and contains material which is derived in whole or in part from The Honolulu Star Advertiser and other sources. The Service and its contents are protected by international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Service, including code, software and images.
As part of our Service, Hawaii.com agrees to provide you with information and other computer services subject to these Terms of Service. You agree to use our Service in accordance with these Terms. Because the Web is an evolving medium, we may need to change these Terms of Service from time to time, in which case we will post the revised Terms of Service on the Web site. By continuing to use Hawaii.com after we post any such changes, you accept the Terms of Service, as modified.
You may establish a hypertext link to this Service so long as the link does not state or imply any sponsorship of your site by Hawaii.com. However, you may not, without the prior written permission of Hawaii.com, frame any of the content of the Service, or incorporate into another Web site or other service any intellectual property of Hawaii.com, its parent or affiliate companies or its licensors.
The Service contains material that is protected by international copyright, trademark and other intellectual property laws. Unless otherwise specified, the Service is intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service. You may download material from the Service and may use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
License to Hawaii.com
When you post a message, upload a file, or otherwise provide us with material for display on the Web site, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message, upload a file, or otherwise provide us with material for display on the Web site, you are granting Hawaii.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
• Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
• Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
The information that Hawaii.com collects about visitors while they are using the Service falls into two general categories:
1. Information You Provide to Us. Hawaii.com may collect and store information, personal or otherwise, that you voluntarily supply either while on the Hawaii.com Web site or in responding, via e-mail to a feature provided on the Hawaii.com Web site. Some examples of this type of information include: demographic information that you electronically submit when you sign up for access to certain features on the Service, information (such as your name or e-mail address) that you electronically submit when you register for surveys, sweepstakes or contests on the Hawaii.com Web site, information that you post on message boards on the Hawaii.com Web site, and information contained in search requests or questions that you submit to the Hawaii.com Web site. If you decline to supply or provide Hawaii.com with certain information while using the Service, you may not be able to use or participate in some or all of the features offered through the Service.
2. Information that is Automatically Collected. Hawaii.com also collects and stores information that is generated automatically as you navigate through the Hawaii.com Web site. For example, to enhance your experience on the Hawaii.com Web site, Hawaii.com uses a standard feature found in browser software called a “cookie.” Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the Hawaii.com site, cookies help us track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Hawaii.com site where you have entered preference information before. Hawaii.com also uses web beacons (also known as “single-pixel GIFs”) to access cookies and to count users who visit the Hawaii.com site or open Hawaii.com’s HTML-formatted email messages. Another example of information that Hawaii.com automatically collects as you navigate the Hawaii.com site is information about your computer’s connection to the Internet. This information allows us, among other things, to improve the delivery of our Web pages to you and to measure traffic on the Hawaii.com site.
How is the Information Used?
Hawaii.com uses the information it collects from you while you are using the Service in a variety of ways, including to customize features and advertising that appear on the Service, to better serve the viewer. Hawaii.com also reserves the right to use and to disclose to third parties all of the information Hawaii.com collects online about you and other visitors in any way. HOWEVER, it is Hawaii.com’s current policy to not share information about its visitors with third parties, nor will Hawaii.com authorize third parties to use its collected information to mail or e-mail promotional offers to you. Any change in this policy will be preceded by a notification to Hawaii.com’s members/visitors. In addition, Hawaii.com will not use the information it collects online from you to send you promotional mail or e-mail, unless you specifically choose (in the Web site’s Members Section) to receive these offers. To view or update your preferences to receive Hawaii.com’s promotional offers, visit www.hawaii.com/members/index.php.
Please also keep in mind that whenever you voluntarily disclose personal information online — for example on message boards, through e-mail, or in chat areas — that information can be seen, collected and used by others besides Hawaii.com. Hawaii.com cannot be responsible for any unauthorized third party use of information that you disclose online.
Be aware that Hawaii.com may occasionally release information about visitors when release is appropriate to comply with law, to enforce our Terms of Service agreement, or to protect the rights, property or safety of visitors to our site, the public, or Hawaii.com.
Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that Hawaii.com, some or all of our assets, or our site is acquired by another company, information on our visitors may be among the transferred assets.
Children’s Privacy Statement for Hawaii.com
This children’s privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information on your rights under federal law with respect to such information.
We do NOT knowingly collect personally identifiable information from children under the age of 13. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen.
Because we do not collect any personally identifiable information from children under the age of thirteen, we also do NOT knowingly distribute such information to third parties.
We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information.
Because we do not collect any personally identifiable information from children under the age of thirteen, we do NOT condition the participation in online activities of a child under thirteen on providing personally identifiable information.
Questions on Privacy
If you have any questions about the privacy statement or the children’s privacy statement, the practices of Hawaii.com, or your dealings with Hawaii.com, you can contact:
Hawaii.com User Services
500 Ala Moana Blvd, Tower 7, Ste. 500
Honolulu, HI 96813
This Service includes links and pointers to Internet sites, content and services provided by third parties. Hawaii.com’s linking to such third party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither Hawaii.com, its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services that third parties may provide on or through Hawaii.com or on Web sites linked to by Hawaii.com. For instance, the information, products and services offered on or through the Service and any third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Hawaii.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Hawaii.com does not warrant that this Web site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.
Hawaii.com does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not Hawaii.com) assume the entire cost of all necessary maintenance, repair or correction.
The Service is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. Stock and mutual fund quotes, and related financial news stories may be delayed at least 20 minutes, as may be required by the stock exchanges and/or the financial information services. The Service should not be used in any high-risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.
Purchases on or through Hawaii.com
When you purchase products or services on or through Hawaii.com, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. If you have any questions about these additional terms and conditions, you should contact the merchant of such products or services directly.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Service. You agree to use the Service and to purchase services or products through the Service for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false, or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to Hawaii.com or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Use of Company Directories
The information contained in the company directories is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. In no event will Hawaii.com or its suppliers be liable in any way with regard to such information.
The Service may include a variety of features, such as bulletin boards, chat rooms, and e-mail services which allow feedback to Hawaii.com and real-time interaction between users. Responsibility for what is posted on bulletin boards, chat rooms and other public posting areas on the Service lies with each user — you alone are responsible for the material you post. Hawaii.com does not control the messages, information or files delivered to bulletin boards. It is a condition of your use of the Service that you do not:
• Restrict or inhibit any other user from using and enjoying the Service.
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
• Post or transmit any information, software or other material which contains a virus or other harmful component.
• Post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.
• Use the Service to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without the express written approval of Hawaii.com.
• Gather for the purpose of spamming e-mail addresses that have been posted by other users of the Service.
You understand that Hawaii.com has no obligation to monitor any bulletin boards, chat rooms, or other areas of the Service through which users can supply information or material. However, Hawaii.com reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Hawaii.com’s sole discretion are objectionable or in violation of these Terms of Service.
To use certain features of the Service, you may need a username and password, which you will receive through the service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Hawaii.com cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
When you submit a classified ad for publication on Hawaii.com, you agree that the advertisement as it appears on Hawaii.com becomes the property of Hawaii.com and you assign all ownership interest in the advertisement as it appears on Hawaii.com under copyright law or otherwise to Hawaii.com. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and required proper punctuation. Hawaii.com reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change.
Real Estate Advertisements; Equal Housing Opportunity
All real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination.” State law may also forbid discrimination based on these factors and others. We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. To complain of discrimination call the U.S. Department of Housing and Urban Development at 800-669-9777.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall Hawaii.com, its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Hawaii.com materials, products or services, or third party materials, products or services made available through Hawaii.com even if Hawaii.com is advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, the liability of Hawaii.com, its subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that Hawaii.com is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any Hawaii.com materials, products or services or with any of Hawaii.com’s terms and conditions, your sole and exclusive remedy is to discontinue using Hawaii.com.
Hawaii.com may cancel or terminate your right to use the Service or any part of the Service at any time without notice. In the event of termination, you are no longer authorized to access the part of the Service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
This agreement constitutes the entire agreement between Hawaii.com and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Service. In the event of any conflict between any such third party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
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