PBS Hawaii - Terms of Use

1. General Rules and Definitions
2. Use of the Sites and Content
3. Online Forums
4. Online Auctions
5. Children Under the Age of 13
6. Copyright and Trademark Information
7. Accuracy and Safety of Content and Future Modifications to the Sites
8. Privacy Policy
9. Copyright Infringement
10. No Warranties
11. Limitation of Liability
12. Links to Third Party Sites and References to Third Parties and Their Products
13. Jurisdictional Issues
14. Submissions to KHET and Affiliated Servers
15. Enforcement of Terms
16. Indemnification
17. Entire Agreement
18. For Additional Information

1. General Rules and Definitions

Hawaii Public Television (“KHET”) maintains this site a as a service to you. Please feel free to browse this Site. Your access to and use of this site is subject to the terms and conditions set forth below (“Terms”). Please read these Terms carefully. These Terms may have changed since your last visit to this site. By using this site, you indicate your acceptance of these Terms and the Privacy Policy. If you do not accept these Terms, please do not access and use this site.

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2. Use of the Sites and Content

Unless otherwise specified, the materials on the Sites are presented solely for the purpose of providing information about and promoting television programs, events and other products available in the United States, its territories, possessions and protectorates. KHET may alter, suspend, or discontinue the Sites at any time for any reason, without notice or cost. The Sites may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

No part of the Sites may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that KHET authorizes you to view, reproduce, download to your computer, and/or print KHET documents, and view or listen to, download to your computer or your portable listening device and/or display audio and audio-visual works, such as audio content, or podcasts, and videos (collectively, “Download Content”) as such Download Content is made available on the Sites, subject to the following conditions:

(a). The Download Content may be used only for your personal noncommercial, informational purposes.

(b)The Download Content may not be modified, and audio and audio-visual Download Content may not be reproduced.

Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Sites or any Download Content made available on the Sites, through the use of framing, “deep linking”, use of a “robot”, “bot”, “spider”, “data mining” or similar automated method, or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of KHET or such third party that may own the trademark or copyright of the relevant material displayed on the Sites. This restriction does not apply to robots, bots, spiders or other similar automated methods to index the content of the Sites for use in connection with search engines and Internet directories.

You may hyperlink or “deep link” to the Sites on non-commercial websites for non-commercial, informational purposes in accordance with these Terms. You must identify KHET as the owner of the Sites. You may not link to the Sites in a way that states or otherwise implies that there is any affiliation between you, your website or your organization and KHET, or any endorsement or approval of you, your website or you organization by KHET. You agree that KHET may redirect hyperlinks to the Sites to other pages in its discretion.

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3. Online Forums

We require that you follow these simples rules when making submissions to the Online Forums on the Sites. In addition, we have provided guidance on some, though not all, of the actions in response to which KHET may decide to post only part or none of your comments. In some cases, this may result in the termination of your access to the Sites. KHET reserves the right (but is not obligated) to edit comments it posts for any reason without consent. By using the Online Forums, you indicate your acceptance of the Terms.

You represent that you are at least 13 years of age. You must obtain the permission of a parent or guardian before accessing the Online Forums or submitting material to the Online Forums if you are under the age of 18. Children under the age of 13 are not permitted to participate in Online Forums.

You agree to act responsibly with regard to others and their content. You will not knowingly post content that infringes in any way or violates any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party. You are also prohibited from posting content that KHET considers in its sole discretion to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or is otherwise objectionable.

You agree to submit comments for non-commercial purposes only. You may not attempt to post submissions to sell or promote any products or services or promote, solicit or participate in multi-level marketing or pyramid schemes.

You agree to submit comments that are relevant. Related to this, we note that we are currently equipped to process comments in English only unless otherwise advised.

You agree to participate honestly and in compliance with the law. You are prohibited from impersonating any other person, including but not limited to, an agent, employee or officer of KHET, expert or bulletin board leader, guide or host. You may not intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Sites or in connection with your use of the Sites, in any manner.

You agree to grant KHET the right to use the content that you submit to KHET. You hereby grant to KHET a worldwide, irrevocable, transferable, royalty-free, perpetual, exclusive license, with the right to sublicense, to use, reproduce, modify, adapt, create derivative works from, distribute, perform, display, translate and publish your content, and your name and location (city, state and country), to the extent provided by you in connection with your submission to an Online Forum, in whole or in part, in any form, media or technology, now known or hereafter developed.

You agree to maintain your privacy and that of others. You may not invade the privacy or violate any personal or proprietary right of any person or entity.

You agree that content posted by others is not approved or endorsed by KHET. Your use of or reliance upon any information you obtain through an Online Forum is at your own risk. You understand that your use of the Online Forums may expose you to content which is incorrect and/or which you consider to be offensive, indecent, or otherwise objectionable.

You agree that only text comments may be submitted to the Online Forum. You are not permitted to submit or otherwise transmit any software or other material that contains a virus or other harmful code or device. You may not use the Sites to transmit or otherwise facilitate the transmission of spam or other multiple mailings.

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4. Online Auctions

From time to time, KHET may offer auctions on one or more Sites for fundraising and promotional purposes. For additional information, please see our Auction Terms and Conditions.

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5. Children under the Age of 13

We invite children under the age of 13 to access and use our KHET Kids site at KHET.org/kids with direct supervision by a parent or guardian. For further discussion, please see our Kids Privacy Policy.

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6. Copyright and Trademark Information

The Sites and the information and materials which each contains are the property of KHET and its affiliates and licensors and is protected from unauthorized reproduction and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. All other product names are trademarks or registered trademarks of their respective owners.

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7. Accuracy and Safety of Content and Future Modifications to the Sites

While KHET uses reasonable efforts to include accurate and up to date information on the Sites, KHET does not represent or warrant that the information is accurate or that the materials posted on, or made available or accessible through, the Sites are safe to download. It is your responsibility to ascertain whether any material downloaded from the Sites is free of viruses, worms, trojan horses, or other items of a potentially destructive nature. KHET reserves the right to make changes to content, product descriptions, or other information without obligation to notify any person of such changes. KHET periodically adds or updates the information and Download Content on the Sites without notice.

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8. Privacy Policy

KHET has established a Privacy Policy that identifies how KHET collects, uses and shares the personal information of its members, customers and supporters of, and visitors to, the Sites. You can contact KHET regarding the Privacy Policy as set out in the section entitled “For Additional Information” below.

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9. Copyright Infringement

If you believe any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials (or access thereto) from the Sites by contacting KHET’s copyright agent (identified below) and providing the following information:

(a) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

(b) Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

(d) A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

(e) A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.

(f) A signature or the electronic equivalent from the copyright holder or authorized representative.

KHET’s agent for copyright issues relating to this web site is as follows:

Email: legal@KHET.org

In an effort to protect the rights of copyright owners, KHET maintains a policy for the termination, in appropriate circumstances, of users of the Sites who are repeat infringers.

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10. No Warranties

INFORMATION AND DOWNLOAD CONTENT PROVIDED ON THE SITES ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, KHET DOES NOT WARRANT THAT: (i) THE INFORMATION ON THE SITES IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SITES OR THE SERVER(S) THAT MAKE EACH AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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11. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL KHET BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITES OR THE INFORMATION CONTAINED ON THE SITES, EVEN IF KHET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL KHET'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED US $100 OR THE LOWEST AMOUNT PERMITTED UNDER APPLICABLE LAW.

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12. Links to Third-Party Sites and Reference to Third Parties and Their Products

The Sites may contain links to sites other than the Sites. These links are provided to you as a convenience, and KHET is not responsible for the content of any linked site. Any outside site accessed from the Sites is independent from KHET, and KHET has no control over the content of that site. In addition, a link to any outside site does not imply that KHET endorses or accepts any responsibility for the content or use of such a site, and any reference on the Sites to any third party or third party product or service should not be construed as an approval or endorsement by KHET of that third party or of any product or service provided by a third party.

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13. Jurisdictional Issues

KHET makes no representation that information on the Sites is appropriate or available for use outside the United States. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

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14. Submissions to KHET and Affiliated Servers

KHET is entitled to use any information and materials you submit to the Sites for any purpose without restriction (except as explicitly provided in the Privacy Policy) and compensation in any form or attribution to the person submitting the information and materials. You hereby grant to KHET a worldwide, irrevocable, transferable, royalty-free, perpetual, exclusive license, with the right to sublicense, to use, reproduce, modify, adapt, create derivative works from, distribute, perform, display, translate and publish your submitted information and materials, and your [name] and location (city, state and country), to the extent provided by you in connection with your submission to an Online Forum, in whole or in part, in any form, media or technology, now known or hereafter developed. You represent and warrant that you have all rights to grant the license and permission above.

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15. Enforcement of Terms

These Terms are governed and interpreted pursuant to the laws of the State of Hawaii, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in Los Angeles, Hawaii, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of Hawaii. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement, and KHET shall be entitled to seek injunctive relief or other equitable remedies from any court of competent jurisdiction.

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. KHET may, at its sole discretion and without notice, revise these terms at any time by updating this posting. By accessing and/or using the Sites and any information and materials made available on or through the Sites, you agree that such activity will be subject to the then current Terms. You, therefore, should periodically visit this page to review the then-current Terms to which you are bound.

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16. Indemnification

By using the Sites, you agree to indemnify, hold harmless and defend KHET from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Sites in violation of these Terms.

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17. Entire Agreement

This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by KHET, as described above.

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18. For Additional Information

If you have any questions about the Terms , please contact KHET's Legal Department in writing at the following addresses:

Email: legal@KHET.org

Any questions regarding the Privacy Policy, the Kids Privacy Policy and/or KHET’s processing of personal information should be sent in writing to the following addresses:

Email: legal@KHET.org