Privacy Policy

Privacy Policy

Hawaii 24/7 has a firm commitment to privacy. We take your privacy concerns seriously and want to make every effort to address them as we strive to offer our site visitors a high quality, interactive and personalized experience. That is why we have adopted the following policy, which explains our position on information gathering and how we intend to use and share any information we collect. Hawaii 24/7 collects and stores Personally Identifiable Information such as your name, address, e-mail address, etc. What information we collect and store depends on the page you are visiting and the services you elect to participate in. We use this information to operate our services, provide you with the highest quality services, offer you opportunities we think will be of interest, and better tailor the advertising you see from us to suit you. This information is not shared with anyone outside of Hawaii 24/7 except as provided for in this Privacy Policy. More specifics on the information we collect are outlined within this policy.

This privacy policy is subject to change from time to time. If the policy is revised, a notice will be placed in the Privacy Policy section of our web site. They may also receive an e-mail outlining the change. Non-registered users of Hawaii 24/7 may view the privacy policy, including any revisions, by clicking on the “Privacy Policy” link on the home page of Hawaii 24/7. If the changes represent a material departure from our current policy or materially affect users’ rights and obligations, if feasible, the changes will be posted on this page 30 days in advance of their effective date.

What information we collect and how it is used

When you sign up to receive our e-mail news alerts, we will send you a validation e-mail message. We may collect other personal information when you provide feedback, comments, engage in chat, message boards, interactive forums or participate in surveys, or if you contact us offline.

If you wish to forward an article to a friend, we will ask that you provide your friend’s name and e-mail address. While we may collect statistics on which articles are forwarded, we do not sell, rent, or market your friend’s personal information, and retain the information only as long as necessary to provide this service.

Passive data collection and use

Like most Web sites, Hawaii 24/7 also collects and logs information automatically and through the use of electronic tools that may be transparent to you, such as your IP address, the name and location of your Internet Service Provider, the type and version of your browser, the length of time that you stay on Hawaii 24/7, search queries, your click-stream data, the location that referred you to Hawaii 24/7 and the average number of pages viewed. If you visit another Web site prior to browsing Hawaii 24/7, that Web site might place personally identifiable information within a URL, which may be logged by us. Your IP address is the identifier assigned to your particular computer when you access the Internet. Depending on how you connect to the Internet, your IP address may always be the same, or it may change each time you access the Internet. Note that logging your IP address does not in and of itself provide us with your name, e-mail address or home or work address. We use this log information for systems administration and troubleshooting purposes and may also use it to gather general demographic information about you such as your general location and your Internet Service Provider. In order to better provide our services to you and to develop member profiles that enable us to focus our site, services and advertisements on your interests, we may correlate this log information with other information about you, such as your registration information or newspaper subscription records.

Use of cookies

Most standard Web browsers contain a feature called “cookies,” which allow a Web site to place information about a user’s visit to that Web site in a small data text file that is stored on the user’s computer. Our use of cookie technology will likely be transparent to you and is used to recognize you and hold information from one visit to the next in an effort to increase your ease of use of Hawaii 24/7 and to allow us to better understand how people use our site through click-stream analysis. For example, cookies are used to store your member name and password, sparing you from having to re-enter that information each time you visit. Another example is that we may use cookie technology to control the number of times you see a particular advertisement while visiting Hawaii 24/7. You can turn the cookies feature off by using your browser preference options, but doing so will severely limit your access to Hawaii 24/7 and may prevent you from registration.

Some of Hawaii 24/7’s third party content providers also may place a cookie on the user’s computer. If a user chooses to monitor or restrict cookies that are placed on his computer, the user can determine the Web site that is attempting to place a cookie. Those cookies are controlled by the content provider, and users should refer to that provider’s privacy policy for further information regarding its use of cookies.

We use software developed by another company to display advertising on Hawaii 24/7, and we may use cookies in conjunction with displaying those ads. In addition, advertisers may elect to use other advertising companies to serve their ads on Hawaii 24/7, and advertisers themselves may also place a cookie on a user’s computer. We do not have access to the cookies or their contents that are placed by advertisers or by third-party advertising companies.

Use of personally identifiable information

Personally Identifiable Information may be accessed by the user who entered it, by Hawaii 24/7 personnel, and by certain third parties, such as those who provide technical support, content services to Hawaii 24/7 and in response to legal orders. We ask these third parties to keep any personal information supplied by us confidential. We also endeavor to keep your Personally Identifiable Information inaccessible to other users or advertisers of Hawaii 24/7. Note that your first name may be displayed on Hawaii 24/7 when you visit Hawaii 24/7 as a logged in member.

We also reserve the right to disclose Personally Identifiable Information when deemed necessary or appropriate to comply with the law, respond to claims, protect our computer systems and customers, ensure the integrity and operation of our business and systems, or protect the rights, property or safety of Hawaii 24/7, its affiliates, or others.

We will not disclose your Personally Identifiable Information without your advance permission except as explained in this privacy policy or as explained at the time the information was collected.

Use of aggregated information

In order to describe our services to prospective partners, advertisers and others, we may use your Personally Identifiable Information to create a compiled, aggregate view of the Hawaii 24/7 audience and their usage patterns. We use Aggregated Information to operate our services and to better understand our audience as we develop new content and services. Aggregated Information may also be shared with third parties we contract with to provide content and services on Hawaii 24/7 as well as advertisers so that they can better understand our audience. For example, we might disclose that a certain percentage of our users are female or within a certain age range or live within a cluster of zip codes.

Children’s privacy

Hawaii 24/7 is particularly concerned with providing a safe online environment for children. Children under the age 13 will not be allowed to register and become a member of Hawaii 24/7 in order to access some Hawaii 24/7 content, features and services. Hawaii 24/7 strongly recommends parental supervision when a child uses the Internet, particularly when a child enters a forum or uses e-mail. We also encourage parents to instruct their children not to give out personal information in these areas.

Member mail and e-mail offers

Hawaii 24/7 does not rent, sell, barter or give away its user or member lists or its users’ or members’ names, e-mail addresses or mailing addresses for use by advertisers and other third parties for the purpose of solicitations, unless the user has previously given his or her consent at the time of general registration or registration for a specific contest or service. If a user granted permission to receive solicitations (referred to as E-mail Offers) at the time of registration but subsequently wishes to opt out from receiving such solicitations, the user may send an email webmaster@hawaii247.com and change one or more of the category-specific permission related to receiving e-mail from Hawaii 24/7 advertisers.

All registered users will receive periodic Member Mail via e-mail related to their membership account or various features and services on Hawaii 24/7 that their membership entitles them to access. Because Member Mail is an important part of our service to you, users cannot opt-out of receiving Member Mail.

When a user specifically authorizes e-mail solicitations we make available the user names and other Personally Identifiable Information in accordance with the applicable license.

Our HTML-encoded e-mail messages may include graphic files, which we use to gather information about e-mails sent our members. When such a message is opened in an HTML-capable e-mail program, the recipient’s computer accesses our server to retrieve the graphic file, and allows us to record and store the date and time, the recipient’s e-mail address, and other standard logging information. These HTML-encoded e-mail messages may also read cookies.

Affiliated sites, linked sites and advertisements

Hawaii 24/7 expects its partners, providers of content and services and advertisers to respect the privacy of our users. Be aware, however, that third parties, including our partners, providers of content and services, advertisers and others accessible through our site may have their own privacy and data collection policies and practices. For example, during your visit to Hawaii 24/7 you may link to, or view as part of a frame on a Hawaii 24/7 page, certain content that is actually created or hosted by a third party. Also through Hawaii 24/7 you may be introduced to, or be able to access information, services, Web sites, features, contest or sweepstakes offered by other parties. Hawaii 24/7 is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.

Changing your personal information

In general, a registered member may update or delete the information he or she previously provided to us by sending an email to webmaster@hawaii247.com.

Remember the risks when you use the Internet

You should know that when you voluntarily disclose personal information on theHawaii 24/7 Web site (for example, in the discussion forums), that information can be collected and used by others and may result in unsolicited messages from other people. While we do our best to protect your personal information, we cannot be responsible for information that you choose to publicly disclose. Further, you are solely responsible for maintaining the secrecy of any passwords or other account information. Although we make good faith efforts to store the information we collect in a secure operating environment that is not available to the public and to work with responsible third parties, we cannot guarantee complete security for your information.

In addition, our advertisers, content providers, partners and other Internet sites or services that may be accessible through Hawaii 24/7 have separate data and privacy practices that are independent of us, and we disclaim any responsibility or liability for their policies or actions. Please contact those sites directly if you have questions about their privacy policies.

International users

If you are an international user, by using Hawaii 24/7 or by registering for any of its services, you agree that Hawaii 24/7 may collect, use and transfer your personal information as described in this privacy policy, including transfers outside the country where you live. If you reside in a country in the European Union or other jurisdiction that provides access rights under law, you may access your personal information or have it corrected or updated by going to your account information page and personally updating the information. in accordance with applicable law by contacting us. In some jurisdictions, you may be charged a reasonable fee for access to information.

Platform for privacy preferences

Hawaii 24/7 supports P3P, the Platform for Privacy Preferences, which allows us to convey our privacy policies, to the extent possible, in standardized, machine-readable code. While our site supports P3P, the resulting code has inherent limitations such that it does not fully and may not accurately express all of our data practices. Some P3P-enabled browsers may interpret the same P3P code in different ways, while others may interpret P3P code in a manner inconsistent with the original intention. Accordingly, your browser’s interpretation of the P3P code should only be considered as a short-hand expression of our privacy practices. This Privacy Policy remains our primary policy, and takes precedence over the P3P code for all purposes.

General

In the event of the sale or merger of Hawaii 24/7, ownership of the information described in this Privacy Policy will be transferred to the acquiring or successor company.Hawaii 24/7 endorses and abides by the privacy principles approved by the Interactive Services Association and the Direct Marketing Association. If you have any questions or comments about our policies, we may be reached at Hawaii 24/7, P.O. Box 7689, Hilo, Hawaii, 96720. webmaster@hawaii247.com.

TERMS OF USE FOR Hawaii 24/7

Effective Nov. 21, 2008

Welcome to Hawaii 24/7, a news, information and communication service available on the Internet’s World Wide Web.

You must read, agree with and accept all of the terms and conditions contained in these Terms of Use before you may become a Member of Hawaii 24/7. By registering as a Member, and/or by accessing and using Hawaii 24/7, you agree to these Terms of Use.

From time to time, we may make changes to these Terms of Use. Such notice will provide a date upon which the changes will be effective. Should you object to any such modifications to these Terms of Use or become dissatisfied with Hawaii 24/7 in any way, your only recourse is to immediately terminate your Membership and discontinue use of Hawaii 24/7. Otherwise, continuing to use the service after the effective date means that you agree to be bound by the changes.

Cost

At this time, there is no cost for using any part of Hawaii 24/7. From time to time there may be premium content available via subscription or surcharge, and those areas will be clearly marked.

Registration

Access to some of the content, services and features on Hawaii 24/7 may require users to register and become Members of Hawaii 24/7. Please see our Privacy Policy for information on Hawaii 24/7’s information gathering and how we intend to use and share any information we collect. If you become a Member of Hawaii 24/7, you accept responsibility for all activities that occur under your account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access Hawaii 24/7 using your username or account in whole or in part. Hawaii 24/7 reserves the right to terminate Membership and deny access to the site to any person who violates this Terms Of Use.

Copyrights and trademarks

Material published on Hawaii 24/7, including articles, photos, graphics, bulletin board postings, audio and video clips, and other content, is copyrighted by Hawaii 24/7, or by other information providers who have licensed their content for use on Hawaii 24/7. Additionally, the entire content of Hawaii 24/7 is also copyrighted as a collective work under the United States copyright laws; the owner of the collective work is Hawaii 24/7. Hawaii 24/7 and its logos are service marks or trademarks of Hawaii 24/7, a Hawaii corporation. You cannot reproduce, republish or redistribute material from Hawaii 24/7 or any other news services and syndicates in any way without the written consent of the copyright owner.

You may, however, electronically store a reasonable portion of Hawaii 24/7 content for your personal, non-commercial use by making a single electronic copy on your computer’s hard drive, a single copy on a disk or other media or a single copy in printed form. You agree, however, that you will not store or archive a significant portion of the content or create a database using the content.

These rules also apply:

1. You will not in any way violate the intellectual property laws protecting the content accessible through Hawaii 24/7. This means you agree not to copy, modify, publish, transmit, create derivative works from, transfer, sell or display the content, including logos, trademarks or service marks, or otherwise violate the proprietary rights of Hawaii 24/7 or others.

2. You will not reuse, republish or otherwise distribute the content or any modified or altered versions of it, whether over the Internet or otherwise, and whether or not for payment, without the express written permission of Hawaii 24/7 or a third-party copyright holder.

3. You will cooperate promptly and completely with any reasonable request by Hawaii 24/7 related to an investigation of infringement of copyright or other proprietary right.

To obtain permission to reuse or republish any material copyrighted by Hawaii 24/7, please contact webmaster@hawaii247.com. Hawaii 24/7 cannot grant permission to reuse or republish material from other information providers. Please contact them directly.

Member Content is any information you provide to us or other users in the registration process, in any public message area (including the forums area) or through any email feature. You are solely responsible for Member Content, and we act as a passive conduit for your online distribution and publication of Member Content. Member Content must conform to the guidelines set forth under Online Conduct below. Hawaii 24/7 reserves the right to remove any material that it believes may violate these Terms or Use, or any copyright or third-party rights.

If you believe that Hawaii 24/7 or any user of Hawaii 24/7 has infringed your copyright in any material way, please notify our Copyright Agent and provide the following information:

1. An identification of the copyrighted work that you claim has been infringed.

2. An identification of the material on Hawaii 24/7 that you claim is infringing or is subject to infringing activity, with enough detail so that we can locate the material on our site.

3. Your name, address, telephone number and e-mail address.

4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.

5. A statement by you declaring that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.

6. Your physical or electronic signature.

Submissions

By submitting any Member Content to Hawaii 24/7, you automatically grant Hawaii 24/7 a nonexclusive, royalty-free, worldwide, perpetual, sublicensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including commercial purposes, without any payment to you, in any type of media or in any form now known or later developed. In addition, you automatically waive and give up any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way Hawaii 24/7 uses such content.

Online conduct

Hawaii 24/7 encourages a free and open exchange of ideas in a climate of mutual respect. Any action by a user that infringes on another user’s right to use and enjoy Hawaii 24/7 is prohibited. Hawaii 24/7 reserves the right, but does not assume any obligation, to monitor your online conduct to enforce these Terms of Use. Without limitation, Hawaii 24/7reserves the right to suspend or terminate your access to and use of the site if, in our view, your conduct fails to meet any of the following guidelines:

a. Members shall not provide any information that is false, misleading or inaccurate.

b. Members shall not use any portion of Hawaii 24/7 for any unlawful purpose and will comply with all applicable domestic and international laws, statutes, ordinances and regulations.

c. Members shall not use any portion of Hawaii 24/7 for uploading, posting, e-mailing, transmitting or otherwise making available Member Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. Only the owner or a representative designated by the owner may upload copyrighted material to Hawaii 24/7.

d. Members shall not use any portion of Hawaii 24/7 for uploading, posting, emailing, transmitting or otherwise making available Member Content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.

e. Members shall not use any portion of Hawaii 24/7 for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.

f. Members shall not attempt to interfere with any other person’s use of Hawaii 24/7.

g. Members shall not misrepresent their identity nor impersonate any person.

h. Members shall not hold themselves out as sponsored by, endorsed by, or affiliated with Hawaii 24/7.

i. Members shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Hawaii 24/7 in connection with Hawaii 24/7 Web site.

To register a complaint about another user’s conduct, please send an e-mail message to webmaster@hawaii247.com, P.O. Box 7689, Hilo, Hawaii, 96720.

Privacy rights

Hawaii 24/7 takes your personal privacy seriously. That is why we have adopted our Privacy Policy, which explains our position on information gathering and how we intend to use and share any information we collect. Your use of the Hawaii 24/7 Web site or our services signifies acknowledgement of and consent to the information practices in our Privacy Policy. Other services, advertisers and information providers that are accessible on Hawaii 24/7 are provided by third parties, and have their own policies about using personal information. You should contact these third parties directly for their policies.

You agree that Hawaii 24/7 may access and disclose information about you or your use of our service when we deem it necessary or appropriate to comply with the law, to respond to claims, to protect our systems and customers, to ensure the integrity and operation of our business and systems, or to protect the rights or property of Hawaii 24/7 or its affiliates. Such disclosure may include, without limitation, Personally Identifiable Information (name, e-mail address, etc.), your IP address,clickstream and traffic information and usage history. Our right to disclose any such information shall govern over any terms of our Privacy Policy.

International Users

You acknowledge and agree that due to the international dimension of our company we may use the data collected in the course of our relationship for the purposes identified in the Privacy Policy, for the purposes identified in our other communications with you, or to provide the information to other businesses and selected third parties which may be outside your resident jurisdiction. Hawaii 24/7 stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. In addition, such data may be stored on servers located in other jurisdictions. By providing us with your data, you consent to the transfer of such data. If you object to your information being transferred or used in this way please do not use our site or services.

Children’s use of Hawaii 24/7

Hawaii 24/7 is particularly concerned with providing a safe online environment for children. Parents and legal guardians of children under age 13 who register will be able to establish a member account for their child by emailing webmaster@hawaii247.com. Children under age 13 without signed Parental Consent Forms are not allowed to become members of Hawaii 24/7. For more information about how Hawaii 24/7 handles children’s privacy, please refer to our Privacy Policy.

Other services and information providers accessible through Hawaii 24/7 have their own policies about children’s privacy, and you should contact them directly for their policies. Hawaii 24/7 strongly recommends that parents supervise the use of the Internet by their children. A number of commercial products are available to help limit access to material on the Internet that you may consider harmful or inappropriate for your child.

Disclaimer

While Hawaii 24/7 strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database on our service. Nor does Hawaii 24/7 guarantee or warrant that any files available for downloading will be free of defects. While we take reasonable steps to ensure that no viruses, worms, Trojan horses or other destructive properties are present, the entire risk as to the quality and performance of Hawaii 24/7 and the accuracy and completeness of any information is with the user of our service.

Likewise, Hawaii 24/7 does not warrant that our service will be uninterrupted or error-free. Hawaii 24/7 makes no warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose any information published on the Hawaii 24/7 Web site or any products or services sold through the Hawaii 24/7 Web site.

Opinions, advice and all other information expressed on Hawaii 24/7 bulletin boards represent the individual’s own views and not necessarily those of Hawaii 24/7. Hawaii 24/7 does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized Hawaii 24/7 spokespersons.

Any investment decisions or other actions that users take based on information available onHawaii 24/7 should first be reviewed by a competent financial adviser or other professional.

THE HAWAII 24/7 SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OR ANY OTHER SERVICE OR PRODUCT ON OR RELATED TO THE SERVICE (INCLUDING ANY LINK TO ANOTHER Web site OR RESOURCE).

In no event will Hawaii 24/7 be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use Hawaii 24/7, or any information or services provided on Hawaii 24/7, even if Hawaii 24/7 has been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies published on Hawaii 24/7.

Indemnification

You agree to indemnify, defend and hold Hawaii 24/7 harmless from and against any and all liability, loss, claims, damages, costs and/or actions (including attorney’s fees) based on or arising from any breach by you of your obligations under these Terms of Use. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

Jurisdiction

This agreement between Hawaii 24/7 and its users will be governed and interpreted under the laws of the state of Hawaii which has jurisdiction in any dispute arising from this agreement. In the event that any provision of this agreement is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect.

Arbitration

Any legal controversy or legal claim arising out of or relating to these Terms of Use or Hawaii 24/7 shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Hilo, Hawaii, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

Termination

Notwithstanding any provision of these Terms of Use, we reserve the right, without notice and in our sole discretion, to terminate any or all of the Hawaii 24/7 service and/or your license to use the Hawaii 24/7 service, or to block or prevent future access to and use of Hawaii 24/7.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Questions and comments about Hawaii 24/7

We hope you enjoy using Hawaii 24/7. Questions and comments about the content of Hawaii 24/7 may be sent by submitting an e-mail to webmaster@hawaii247.com. We read all comments sent to us and try to respond to as many as possible.

Technical questions regarding your software, your configuration or your connection should be directed to your Internet access provider. Hawaii 24/7 cannot address questions except those specifically about content and services that we provide.

 

 

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