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Terms & Conditions
Please read the following Terms and Conditions of Use carefully before using this website. Your use of this website is expressly conditioned on your acceptance of these terms and conditions without any modifications. Your use of this website 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 this website.
Any use herein of the terms "HTA's website" or just "website" refers to all publicly accessible webpages that are identified with and under the control of HTA.
Terms "HTA", "us", "our", "we" and any variation thereof refer to the Hawaii Tourism Authority and may include independent contractors who operate portions of the HTA website on HTA's behalf.
Unless otherwise noted, this website and all of the materials contained herein, including the HTML code, source code and any other code used to generate any portion of this website, are the copyrighted property of HTA or of third parties who have licensed HTA to use their property. None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred or modified without the express written permission of HTA with the exception that users may reproduce a single copy of any webpage for their personal use. In addition, the trademarks, logos and service marks displayed on this website (collectively the "Trademarks") are registered and common law trademarks of HTA and/or third party service providers. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of the Trademarks without the written permission of 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 this website, you agree that you will not use this website 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 website to an extent greater than authorised by HTA; (2) taking or attempting to take any action that results in an unauthorised modification, addition, or deletion to the website; (3) taking or attempting to take any action that violates the security of the website; (4) taking or attempting to take any action that would impose an unreasonable or excessively large load on the website's infrastructure; and (5) knowingly providing false or misleading information to HTA.
Personal and Non-Commercial Use Limitation
This website is strictly for your personal and non-commercial use. In the absence of HTA's express prior written consent, you may not modify, copy, transmit, distribute, display, publish or reproduce this website or any part thereof for any purpose other than your own personal and non-commercial use.
This 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 this website that result in our actively collecting personal information, such as the personalised "My Hawaii" website feature or the "Info Request" feature. By using any such features, you represent that you are aged 16 years or older.
Links to Third Party Websites
This website 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 organisations 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 organisations 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.
Bookmarking and Linking to Our Website
Individuals may, for personal, non-commercial use only, bookmark or point to any page within HTA's website.
Other users/websites MAY: (1) include a link to HTA's website by pointing to the website's home page at http://www.gohawaii.com; and (2) link to HTA's major subcategory pages (e.g. Holiday Planning, Meetings & Conventions, About the Hawaiian Islands, etc.), provided that it is made clear that the information is being provided by HTA.
Other users/websites MAY NOT without HTA's express written consent: (1) point or link from a website directly to content within HTA's website other than by pointing or linking to http://www.gohawaii.com or one of the major sub-category pages as provided above,; (2) copy, modify, or display HTA's name, logo, text or graphic images in any way; or (3) redeliver any of the pages/text/images/content of HTA's website using "framing" technology.
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 this website. All such information, products, services, related graphics, and all other content found on this website 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 this website, 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 HTA's website, the provision of or failure to provide services, or for any information, products, services, related graphics, and other materials obtained through HTA's website, or otherwise arising out of the use of HTA's website, 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 this website means that you accept the amendments to these Terms and Conditions of Use.
This agreement and its 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 this website and your compliance with these Terms and Conditions of Use.
Restriction on Use Based on Location
Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions of Use.
Accessing the Website in Countries Other Than the United States
HTA makes no claims regarding the legality of viewing or downloading the content of this website in any country other than the United States. Anyone who accesses this website 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 HVTA 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 website.
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 this website, and supersede all other prior or concurrent oral or written letters, agreements, or understandings related to this website.
We respect the intellectual property rights of others. If you believe that material available on our site infringes upon your copyright(s), please notify our Copyright Agent by completing the following online form. You may also print the form and submit notices of the foregoing copyright issues to HVCB's designated Copyright Agent at 2270 Kalakaua Avenue, Suite 801 Honolulu, HI 96815 fax: 808.924.0291. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. Upon receipt of a valid and complete notice, we will remove the infringing material.
If you have any questions or comments, we can be contacted by e-mail at firstname.lastname@example.org, by telephone at 808.973.2255 and by postal mail at 1801 Kalakaua Avenue, 1st Floor, Honolulu, Hawaii, USA 96815.