Terms of Service
This General Terms of Services (“Terms”) govern your access to and use of the website, mobile application or other online service where these Terms are posted (collectively, the “Service”).
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 and software. You may download material from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
As part of our Service, OPI 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 website. By continuing to use the Service, 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 us. However, you may not, without our prior written permission, frame any of the content of the Service, or incorporate into another website or other service any intellectual property of our Service.
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.
When you post a message, upload a file, or otherwise provide us with material for display on the Service, 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 Service, you are granting us 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.
This Service includes links and pointers to Internet sites, content and services provided by third parties. Linking to such third party sites by the Service 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 OPI, 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 the Service or on websites linked to by the Service. 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,
The Service disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. OPI does not warrant that this Service or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that this Service, or the servers that make it available, are free of viruses or other harmful components.
OPI 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 Starad) 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.
Google’s use of the DART cookie enables it to serve ads to your users based on their visit to West Hawaii Today’s sites and other sites on the Internet.
Purchases on or through Westhawaiitoday.com
When you purchase products or services on or through Westhawaiitoday.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 Westhawaiitoday.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 Westhawaiitoday.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 Westhawaiitoday.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. Westhawaiitoday.com does control the messages, information or files delivered to bulletin boards. Westhawaiitoday.com does not monitor e-mails sent from one Westhawaiitoday.com member to another. Responsibility for what is e-mailed from one user to another is the originators responsibility, not Westhawaiitoday.com’s. 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 Westhawaiitoday.com.
Gather for the purpose of spamming e-mail addresses that have been posted by other users of the Service.
You understand that Westhawaiitoday.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, Westhawaiitoday.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 Westhawaiitoday.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. Westhawaiitoday.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 Westhawaiitoday.com, you agree that the advertisement as it appears on Westhawaiitoday.com becomes the property of Westhawaiitoday.com and you assign all ownership interest in the advertisement as it appears on Westhawaiitoday.com under copyright law or otherwise to Westhawaiitoday.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. Westhawaiitoday.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 OPI, its subsidiaries 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, the Site’s materials, products or services, or third party materials, products or services made available through the Site, even if OPI 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 OPI, its subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that OPI is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any the Site’s materials, products or services or with any of OPI’s terms and conditions, your sole and exclusive remedy is to discontinue using the Site.
The Site 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 OPI 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 Hawai’i 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.
Copyright on materials contributed by the Honolulu Star-Advertiser and Westhawaiitoday.com readers and/or members is held by the individual creators. All postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the “Content”) posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for all Content that you post, email or otherwise make available through the Site. For all Content provided by you, you agree to indemnify Provider as provided below. By uploading or otherwise posting any Content on the Site, you represent and warrant: (i) you own or otherwise have all necessary rights, including but not limited to copyrights, to the content you provide and the rights to use it as provided in this Terms of Service; (ii) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and, (iii) the content will not cause injury to any person or entity. You agree not to upload, transmit, distribute or otherwise publish in these or any other Forums connected with the Company any Materials which are:
libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy;
an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity;
illegal in any way or which advocate illegal activity;
an advertisement or solicitation of funds, goods, or services.
Mobile Marketing General Terms
For all such information and material, you grant the Oahu Publications, Inc., its affiliates and related entities, and its affiliated newspaper, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future.
NO PRE-SCREENING OR EDITING
This Site offers weblogs, story commenting, photo galleries and other interactive areas where users can express opinions and share ideas and information. Westhawaiitoday.com cannot and does not monitor all of the material posted or transmitted to the Site. Additionally, the Company does not control, and is not responsible for, Content made available through the Site by members.
By using the Site, you may be exposed to Content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of the Site and any of its Content, including but not limited to whether you should rely on said Content.
You also agree that under no circumstances will Oahu Publications, Inc. or its affiliates be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site. You acknowledge that Westhawaiitoday.com does not pre-screen or approve Content, but that the Company shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Site, for violating the letter or spirit of the Terms or for any other reason. The Company reserves the right to delete any posting, message or photograph at any time, for any reason or no reason.
MATERIALS SUBMITTED BY OTHER USERS
We cannot and do not review every posting made in our areas available for public postings. You may well read any given posting before anyone on our staff does. Take what you find with a grain of salt. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.
The Company may, in its sole discretion, terminate or suspend your access to all or part of the site, including, but not limited to, any bulletin boards on its site, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding Materials appearing on the site, and the representations and warranties, indemnities, and limitations of liabilities set forth in this agreement shall survive any such termination.
This Site is controlled and operated by Oahu Publications, Inc. from its headquarters in Honolulu, Hawaii. The Company does not represent or warrant that Materials on the site are appropriate or available for use in other locations. If you choose to access this site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.
This agreement shall be governed by and construed in accordance with the laws of the State of Hawaii, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to the site shall be brought in either the State or Federal Courts of Hawaii. If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and the Company concerning your use of the site.
- May 25, 2018: Revised and reorganized content to simplify and clarify our terms.