Terms and Conditions
Please read the following Terms and Conditions of Use carefully before using the Hawaii Media Site. Your use of the Hawaii Media Site is expressly conditioned on your acceptance of these terms and conditions without any modifications. Your use of the Hawaii Media Site constitutes your acceptance of all the terms and conditions set forth herein. If you do not agree with any part of the following terms and conditions, you should not use the Hawaii Media Site.
Any use herein of the terms "Hawaii Media Site" or just "Website" refers collectively to the following
websites: (1) the website whose homepage is located at http:/media.gohawaii.com; (2) the website whose homepage is located at http://media.gohawaii.com/BigIsland; (3) the website whose homepage is located at http://media.gohawaii.com/Kauai; (4) the website whose homepage is located at http://media.gohawaii.com/Lanai; (5) the website whose homepage is located at http://media.gohawaii.com/Maui; (6) the website whose homepage is located at http://media.gohawaii.com/Molokai; and (7) the website whose homepage is located at http://media.gohawaii.com/Oahu.
The terms "HTA," "us," "our," "we," and any variation thereof refers to the Hawaii Tourism Authority and those independent contractors who operate portions of this website on HTA's behalf, insofar as their conduct relates to this website.
Unless otherwise noted, the Hawaii Media Site and all of the materials contained herein, including the HTML code, source code, and any other code used to generate any portion of the Hawaii Media Site, are the copyrighted property of HTA, or third parties who have licensed HTA to use their property. Except as expressly permitted pursuant to the “Permitted Use of Hawaii Media Site Content” section below, none of the content or data found on the Hawaii Media Site may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of HTA. In addition, the trademarks, logos, and service marks displayed on the Hawaii Media Site (collectively the "Trademarks") are registered and common law trademarks of HTA, the Hawaii Visitors and Convention Bureau ("HVCB"), and/or third party service providers. Nothing contained on the Hawaii Media Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of HVCB, HTA, and/or the appropriate third party service providers.
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No Unlawful or Prohibited Use
As a condition of your use of the Hawaii Media Site, you agree that you will not use the Hawaii Media Site for any purpose that is unlawful or prohibited by these Terms and Conditions of Use. Actions that you agree not to take include, but are not limited to: (1) taking or attempting to take any action that grants you access to the Hawaii Media Site to an extent greater than authorized by HTA; (2) taking or attempting to take any action that results in an unauthorized modification, addition, or deletion to the Hawaii Media Site; (3) taking or attempting to take any action that violates the security of the Hawaii Media Site; (4) taking or attempting to take any action that would impose an unreasonable or excessively large load on the Hawaii Media Site's infrastructure; and (5) knowingly providing false or misleading information to HTA.
Permitted Use of Hawaii Media Site Content
The purpose of the Hawaii Media Site is to provide assistance to media professionals working on feature stories about Hawaii. Except as otherwise stated in these Terms and Conditions of Use or on the Hawaii Media Site, you are authorized to use the information about Hawaii on the Hawaii Media Site (the “Information”) for the sole purpose of developing editorial content specifically to promote Hawaii as a visitor or meetings destination, subject to the additional restrictions and requirements discussed below. You are prohibited from using the Information for any commercial purpose. Any use, whether or not commercial, that may tend to degrade, tarnish the reputation of, or embarrass HTA or the destination Hawaii is strictly prohibited.
The Hawaii Media Site does not include diacritical markings for Hawaiian words because not all computers are able to reproduce these markings or true fonts in normal text.
HTA believes that it is extremely important to protect children's personal information. As a result, no one under the age of 16 is allowed to use any features of the Hawaii Media Site that result in our actively collecting personal information. By using any such features, you represent that you are age 16 or older.
Links to Third Party Websites
The Hawaii Media Site contains hypertext links to other websites that are maintained by and under the control of third parties (the "Linked Websites"). HTA is not responsible for, and makes no representation or warranty regarding, the content or accuracy of any of the Linked Websites. The inclusion of a link does not mean that HTA endorses, has reviewed, or approves of the Linked Website or the individuals and/or organizations responsible for the Linked Website. These hypertext links are provided as a convenience only, and HTA is not responsible for any content that can be accessed through a hypertext link. If you access a Linked Website, you do so at your own risk. Any questions that you have about one of the Linked Websites should be directed to the individuals and/or organizations responsible for that website.
The Internet is a distributed network of millions of computers. Although we attempt to verify all links on a regular basis, there is a possibility that the particular server that you are attempting to link to is not currently operational. Please e-mail us at email@example.com to let us know about a broken hyperlink.
Disclaimer of Warranty and Limitation of Liability
HTA makes no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components, and accuracy of the information, products, services, related graphics, and all other content found on the Hawaii Media Site. All such information, products, services, related graphics, and all other content found on the Hawaii Media Site are provided "as is" without any kind of warranty. HTA hereby disclaims all warranties and conditions with regard to such information, products, services, related graphics, and all other content found on the Hawaii Media Site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
In no event shall HTA be liable for any direct, indirect, punitive, incidental, special, consequential, or any other type of damages arising out of or in any way related to the use or performance of the Hawaii Media Site, the provision of or failure to provide services, or for any information, products, services, related graphics, and other materials obtained through the Hawaii Media Site, or otherwise arising out of the use of the Hawaii Media Site, whether based on contract, tort, negligence, strict liability, or otherwise, even if HTA has been advised of the possibility of such damages.
Please note that because some states/jurisdictions do not allow the disclaimer of certain warranties and/or the exclusion or limitation of liability for certain types of damages, some of the preceding disclaimer, exclusion, and limitation may not apply to you. In such event, please see the section below entitled "Restriction on Use Based on Location."
Amendments to These Terms and Conditions of Use
From time to time, it may be necessary for HTA to amend these Terms and Conditions of Use. You are responsible for regularly reviewing these Terms and Conditions of Use so that you will be aware of any changes. Please note that your continued use of the Hawaii Media Site means that you accept the amendments to these Terms and Conditions of Use.
These Terms and Conditions of Use and their performance are governed by the laws of the State of Hawaii and the United States of America without regard to any conflicts of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in the City & County of Honolulu, State of Hawaii, United States of America, for all disputes and issues regarding your use of the Hawaii Media Site and your compliance with these Terms and Conditions of Use.
Restriction on Use Based on Location
Use of the Hawaii Media Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions of Use.
Accessing the Hawaii Media Site in Countries Other Than the United States
HTA makes no claims regarding the legality of viewing or downloading the content of the Hawaii Media Site in any country other than the United States. Anyone who accesses the Hawaii Media Site in a country other than the United States does so at his or her own risk.
Violation of These Terms and Conditions of Use
If HTA determines that you have violated any provision of these Terms and Conditions of Use, HTA has the right, in its sole discretion, to pursue any and all of its legal remedies.
You agree to defend, indemnify, and hold harmless HTA, and its officers, directors, employees, and agents from and against any and all claims arising from your use of the Hawaii Media Site.
If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, the validity and enforceability of the other provisions of these Terms and Conditions of Use will remain unaffected.
The headings in these Terms and Conditions of Use are included solely for convenience and will not limit or otherwise affect these Terms and Conditions of Use.
These Terms and Conditions of Use and any other policies and/or guidelines referred to herein constitute the entire agreement between you and HTA regarding the Hawaii Media Site, and supersede all other prior or concurrent oral or written letters, agreements, or understandings related to the Hawaii Media Site.
If you have any questions or comments, we can be contacted by e-mail at firstname.lastname@example.org, by telephone at 808.923.1811, and by postal mail at 1801 Kalakaua Avenue, 1st Floor Honolulu, Hawaii, USA 96815.