HawaiiMagazine.com is an on-line information and communication service provided by PacificBasin Communications, Inc. ("PBC"), a Hawaii limited liability company with its headquarters at 1000 Bishop Street, Honolulu, Hawaii. This Internet Web site Agreement (the "Agreement") is between you and PBC. Use of the HawaiiMagazine.com Internet Web site (the "PBC Web site") signifies your agreement to the terms and conditions of use set forth below in the Agreement.
You acknowledge that you have carefully read this Agreement and that you accept the terms hereof. If you do not agree to these terms and conditions of use, you may not access or otherwise use the PBC Web site and should use your browsers back button to exit the PBC Web site.
The PBC Web site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the PBC Web site ("Content") are only for your personal, non-commercial use. Many of the materials contained on the PBC Web site are protected by copyright, and are owned or controlled by PBC or the party credited as the provider of the Content. You agree you will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the PBC Web site. You may download and make one (1) copy of the Content and other downloadable items displayed on this PBC Web site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from PBC or the copyright holder identified in the individual Content's copyright notice.
Certain public documents are made available on the PBC Web site. Although PBC attempts to reflect those public documents accurately on the PBC Web site, PBC is not responsible for any errors or omissions that may occur in its reporting of those public documents. If the information is critical to you, you should check with the original government source of those documents to confirm their accuracy.
You acknowledge that the PBC Web site may include certain trademarks and service marks owned by PBC, as well as trademarks owned by other information providers. You agree not to copy, use or otherwise infringe upon these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright, or other notice from any copies of the Content.
Changes To Terms and Conditions and The PBC WebSite
PBC reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the PBC Web site. Your continued usage of the PBC Web site or any of its services will mean you accept those changes.
We also may change, suspend or discontinue any aspect of the PBC Web site at any time, including the availability of any PBC Web site feature, database, or Content. PBC may also impose limits on certain features and services or restrict your access to parts or all of the PBC Web site without notice or liability. We reserve the right to make changes, corrections, and improvements to the PBC Web site, and to the products and programs described in the PBC Web site, at any time without notice.
Representations of Use
You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the PBC Web site any materials which (i) restrict or inhibit any other user from using and enjoying the PBC Web site, (ii) are unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a software virus or other harmful component, including, without limitation, viruses or components designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; or (ix) solicit personal information from anyone under the age of 16; and (b) that you are at least sixteen (16) years old and if under eighteen (18) years old, have or possess legal parental or guardian consent to use the PBC Web site. PBC may delete any content that in its sole judgment may be offensive, illegal, or inappropriate, or which otherwise violates these Terms and Conditions. PBC assumes no responsibility for the content or material posted on the PBC Web site, no obligation to monitor inappropriate content and has no responsibility for the conduct of any user submitting offensive, illegal, or otherwise inappropriate content or material on or to the PBC Web site. You shall assume sole liability and responsibility for any content, material, or information that you post or transmit on or through the PBC Web site.
You hereby agree to indemnify, defend and hold PBC, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees and the assigns of the same (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You agree you will cooperate as fully as reasonably required in the defense of any claim. PBC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of PBC.
YOU EXPRESSLY AGREE THAT USE OF THE PBC WebSite IS AT YOUR OWN RISK. THE PBC Web site, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE PBC Web site, IS PROVIDED "AS IS." YOUR ACCESSING THE PBC Web site ACKNOWLEDGES YOUR AGREEMENT AND UNDERSTANDING THAT THE CONTENT CONTAINED ON THE PBC Web site HAVE BEEN PROVIDED BY OTHER PBC Web site USERS. AS A RESULT, YOU MAY BE EXPOSED TO CONTENT OR MATERIAL FROM A VARIETY OF SOURCES. PBC IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH CONTENT OR MATERIAL. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO CONTENT OR MATERIAL THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, THAT YOUR ACCESS TO THE PBC Web site WILL BE AT YOUR OWN RISK, AND THAT YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST PBC WITH RESPECT THERETO. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PBC AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE PBC Web site OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE PBC Web site, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PBC Web site OR ANY LINKED SITE. FURTHER, PBC AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PBC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PBC Web site OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PBC Web site OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PBC AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE PBC Web site, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER PBC, ITS SUBSIDIARY, OR ITS AFFILIATES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE PBC Web site, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER PBC, ITS SUBSIDIARIES OR AFFILIATES WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
The PBC Web site may contain inaccuracies or typographical errors or omissions. We regret any such errors, but will not be bound by any such errors. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the PBC Web site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the PBC Web site.
The PBC Web site forums, content, bulletin board, chat rooms, and message boards (collectively "Forums") are provided to give users an interesting and stimulating forum in which they can express their opinions and share their ideas. We do not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. You may not use the PBC Web site Forums for advertising or promotional materials or other forms of solicitation, unless expressly allowed in writing by PBC. Uploading copyrighted or other proprietary material of any kind on the PBC Web site without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability.
Given the nature of the PBC Web site and the volume of messages and postings, PBC cannot and does not monitor all of the material posted or transmitted by users and third party information providers. While you agree that the PBC will not be liable for such third party content, we reserve the right to delete, move or edit any communications which we deem in our sole discretion to be violative of this agreement; harmful to individuals or communities; obscene; defamatory; in violation of PBC's or any third party's rights; or otherwise unacceptable.
You are solely responsible for any content, whether written or recorded, that is posted, uploaded, published or placed on the PBC Web site, and that is transmitted through any and all media, which shall include but not be limited to, Forums, chat rooms, video recordings, sound recordings, bulletin boards, web logs (aka blogs), or message boards (collectively "Your Content"). As a result, PBC does not and will not endorse Your Content or any opinion, recommendation, or advice expressed therein, and PBC expressly disclaims and will not be responsible for any and all liability in connection with Your Content.
By submitting Your Content to the PBC Web site, you affirm, represent, and/or warrant: (a) that you own or have the necessary licenses, rights, consents, and permissions to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content; (b) that you have the present ability and do hereby grant to PBC rights to Your Content to allow PBC to use Your Content in a manner consistent with this Agreement; and (c) that you have the written consent, release, and/or permission of each and every identifiable individual person, entity or place depicted in Your Content that will allow you and PBC to use the name or likeness of each and every such identifiable individual person, entity or place in a manner consistent with this Agreement.
By submitting Your Content to the PBC Web site, you hereby grant to PBC a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, copy, manipulate, prepare derivative works of, display, publicly perform, reproduce, transmit, modify, translate, publish, edit and otherwise exploit Your Content, in all media now known or hereafter developed. By submitting Your Content to the PBC Web site, you also hereby grant to each user of the PBC WebSite a non-exclusive license to access Your Content, and to use, reproduce, distribute, prepare derivative works of, display and publish Your Content as permitted through the features and functionality of the PBC Web site and under this Agreement.
You hereby waive all rights to any claim against PBC for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with Your Content. You also agree to indemnify and hold PBC harmless against any claims or costs, including attorneys' fees, arising from the use or distribution of Your Content. You further grant PBC the right to use your name in connection with the reproduction or distribution of such material.
You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, and in which you are not the owner, or in which you do not have rights to or do not have permission from the proper owner to post, upload or publish the material and to grant PBC all of the license rights granted in this Agreement. You agree not publish falsehoods or misrepresentations. You agree not to submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
We do not accept unsolicited materials or ideas for use or publication in PBC's magazines, books, the PBC Web site, or other digital and electronic media (except in connection with Forums on the PBC Web site). PBC shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the PBC Web site. You acknowledge that transmission to and from this PBC Web site are not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to PBC, no confidential, fiduciary, contractually implied or other relationship is created between you and PBC other than pursuant to this Agreement.
Governing Law and Jurisdiction
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF HAWAII, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF HAWAII.
This Agreement constitutes the entire agreement between PBC and you with respect to your use of the PBC Web site. Any cause of action you may have with respect to your use of the PBC Web site must be commenced within one (1) year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. PBC disclaims any and all responsibility for content contained in any third party materials provided through LINKs from the PBC Web site. PBC's failure to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
We respect the rights of all copyright holders and in this regard, PBC has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of subscribers and account holders who infringe upon the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PBC's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PacificBasin Communication’s Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
Attn: HAWAII Magazine
1000 Bishop Street, Suite 405
Honolulu, HI 96813
Phone: (808) 537-9500
Fax: (808) 537-6455