Terms of Service - Hawaii News Now - KGMB and KHNL

Terms of Service

Terms of Service

To use our services, including the submission of any content through our services, we require that you agree to these Terms of Service ("Terms").  Among other things, you understand and agree that:

  • The personal information you have provided to us is accurate.
  • You have the right to submit any content that you provide to us.
  • You are solely responsible for any content that you submit to us.
  • Your submissions do not contain material that is defamatory, infringes on anyone else's intellectual property rights, or is in any way unlawful; or that we may find to be indecent, profane, obscene, or otherwise objectionable.
  • We may review your submissions and remove any content without notice and for any reason in our sole discretion, including if it violates these rules, other parts of the Terms, or is otherwise objectionable.
  • When you submit content or other material, you grant us, our affiliates, and our partners the nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use and distribute such content or other material in any way.

The full Terms are copied below.

WELCOME! THE TELEVISION STATION AFFILIATE ("THIS STATION") THAT IS PROVIDING THIS SERVICE, THROUGH ITS RELATIONSHIP WITH GANNAWAY WEB HOLDINGS, LLC D/B/A WORLDNOW ("WORLDNOW"), PROVIDES A VARIETY OF ONLINE WEB SERVICES, MOBILE APPLICATIONS, AND OTHER SERVICES TO LOCATION-ENABLED AND OTHER TYPES OF DEVICES (COLLECTIVELY, THE "SERVICES"), FROM NEWS AND WEATHER INFORMATION TO ENTERTAINMENT AND ELECTRONIC COMMERCE ON THE SERVICES SUBJECT TO YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW (THE "AGREEMENT").

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THE SERVICES.  PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:

As our Services are an evolving medium, the Terms of this Agreement may change from time to time. Please periodically review and become familiar with these terms. Your continued use of the Services after the posting of changes to these Terms will signify your acceptance of these changes. WorldNow or this Station may immediately terminate any individual's use of the Services and/or such user's password(s) or account(s) in the event user violates the terms of this Agreement or engages in conduct that WorldNow or This Station, in its sole discretion, considers to be unacceptable. Such removal or termination may occur without notice to the user.

COPYRIGHT INFORMATION

© Copyright 2001-2010 WorldNow, except as to content supplied by This Station which is Copyright 2001-2010 This Station. All Rights Reserved.

Although the Services are freely accessible, by providing such access WorldNow and This Station do not intend to relinquish our respective rights, or any other party's rights, to the materials appearing on the Services. Unless otherwise noted, WorldNow or This Station owns all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of the Services. The material on the Services is provided for private, non-commercial use only.

Reporting Copyright Infringement:

 If you are a copyright owner or an agent thereof and believe any content or other information appearing on the Services infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") containing the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright interest that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and made under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated agent to receive notifications of claimed infringements is: Copyright Agent, c/o Raycom Media, Inc., 201 Monroe Street, 20th Floor, Montgomery, AL 36104, Telephone number: 334-206-1400, email address: copyright@raycommedia.com. Please include in your e-mail the URL of the website of This Station or the name of the mobile application or other service which you believe to contain infringing content.

REPORTING OBJECTIONABLE MATERIAL

If you consider any material appearing on the Services to be objectionable and would like to report it, please contact us at www.raycommedia.com. Please include in your e-mail the URL of the website of This Station or the name of the mobile application. 

TRADEMARK NOTICE

The "WorldNow" logo is a trademark and service mark of WorldNow. This Station's call sign is a trademark and service mark of this Station. All other trademarks, service marks and logos used in the Services are the trademarks, service marks or logos of their respective owners. You may not use any trademark or service mark appearing on the Services without the prior written consent of the owner of the mark.

CODE OF CONDUCT

You agree not to engage in any of the following conduct. Such conduct is unacceptable and may result in termination of your use of the Services:

  • Restricting or inhibiting any other user from using and enjoying the Services;
  • Impersonating any person or entity or posting personally identifying information of any other person;
  • Posting or transmitting any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind;
  • Without the Station's or WorldNow's prior written approval, posting or transmitting any advertisement, promotion or solicitation of goods or services for commercial purposes (including without limitation the solicitation of users of the Services to become users of other online or mobile services competitive with This Station or WorldNow);
  • Posting or transmitting any information or software that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
  • Posting or transmitting materials in violation of another party's copyright or intellectual property rights;
  • Using the Services for any commercial or unlawful purposes, including "spamming"; or
  • Modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling or disassembling any portion of the Services.

YOU EXPRESSLY AGREE TO INDEMNIFY, (AT OUR REQUEST) DEFEND, AND HOLD WORLDNOW  AND THIS STATION, AND THE AFFILIATES AND SPONSORS OF EACH OF THEM, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS OR OTHER EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE PROVISIONS RELATING TO CONTENT SUBMITTED BY YOU, (B) YOUR VIOLATION OF ANY OF THESE TERMS OF SERVICE AND/OR THE CODE OF CONDUCT ABOVE, (C) YOUR ACTIVITIES IN CONNECTION WITH THE SERVICES OR ANY RELATED SERVICES; (D) YOUR ACCESS TO OR USE OF THE SERVICES OR ANY RELATED SERVICES; AND/OR (E) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMIATION ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT BY YOU.

By using the Services you are indicating that you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, please do not use the Services. If you are not yet 18 years old, a parent or guardian may agree to be bound by the terms of this Agreement on your behalf.

MAKING PURCHASES

Certain portions of the Services may allow you to purchase or license different types of products and services that are provided by Worldnow, This Station and/or third parties.  This Station and Worldnow are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of products and services purchased or licensed on the Services.  If requested to provide any information, you must provide information that is accurate, complete and current. You agree to review and to comply with the terms and conditions of any specific agreement that you enter into with either Worldnow, this Station and/or a third party in connection with the licensing or purchase of any product or service. You are responsible for all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred.  You will also be responsible for paying any applicable taxes relating to such licensing or purchases.

If you make a purchase on our Services or on a third party website or service that you have accessed via our Services, the information obtained during your use of the Services or a third party's online store or service and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the third party and/or us.  You understand that any such information collected by WorldNow and this Station will be treated as described in our Privacy Policy. To read our Privacy Policy, scroll to the bottom of the page and click "Privacy Policy."  A third party may have privacy and data collection practices that are different from ours.  This Station and Worldnow have no responsibility or liability for these independent third party policies.  For more information regarding a third party, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that third party's site and click on its information links or contact the third party directly.  You release this Station, Worldnow and their affiliates from any damages that you incur, and agree not to assert any claims against us or any of our affiliates, arising from your purchase, license and/or use of any products or services made available by third parties through the Services.

ADVERTISING

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 reserve the right to edit, reclassify, revise, reject and/or cancel any advertisement at any time, in our sole discretion.   Rates and specifications for any advertisement are subject to change.

When you submit ad for publication on the Services, including but not limited to classified ads, you agree that the advertisement is licensed to This Station and Worldnow for publication on the Services.

 

SUBMISSIONS

You may submit any text, images, data, or other materials ("Content") on the Services. In so doing, you acknowledge and agree that you grant to WorldNow and This Station a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to:

  • Link to, use, reproduce, transmit, modify, adapt, publish, display, perform, distribute, and/or translate such Content without notice, attribution or payment to you.
  • Sublicense such Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material without notice, attribution or payment to you. Further, by submitting Content on the Services, you acknowledge that you have the authority to grant such rights to WorldNow and the Station and use of the Content by the Station and WorldNow will not violate the rights of any third party. You further acknowledge that the burden of determining whether any Content posted or transmitted on the Services by you is protected by copyright or will otherwise violate the rights of any third party rests solely with you. Each of This Station, WorldNow, and its subsidiaries, licensees and third party content providers and licensors have the right to assert and enforce these provisions relating to the submission of Content directly or on its own behalf.

CONTESTS, SWEEPSTAKES, AND PROMOTIONS

You acknowledge that if and when This Station or WorldNow sponsors contests, sweepstakes, or promotions (collectively, "Special Promotion"), or third parties sponsor a Special Promotion in conjunction with This Station or WorldNow, either this Station, WorldNow, or the third party will post terms and conditions in the official rules and/or registration area for the Special Program that apply to the particular Special Promotion. Those terms and conditions, to the extent they conflict with this Agreement and/or the Privacy Policy, will govern that particular Special Promotion.

PRIVACY

Personal information that users of the Services provide in connection with purchases, contests, polls, chat rooms and forums or other usages of the Services or related services is collected by WorldNow and This Station. Any such information will be treated as described in our Privacy Policy. To read our Privacy Policy, scroll to the bottom of this page and click "Privacy Statement."  Users are discouraged from posting personally identifying information about themselves on publicly accessible areas of the Services, such as within classified advertisements, comments/reviews for display on the Services or other "user generated content" submitted for display on the Services or in any other communications with other users of the Services.

We do not knowingly collect personally identifiable information from children younger than 13 years of age. Before registering for an account to use the Services, we ask that all minors 13 and older have their parents read our Privacy Policy.

USE OF SECURE AREA AND PASSWORD

You are given access to any password-protected area of the Services when you are given permission and a password to enter such area. You may not distribute your password to others. You are responsible for all uses of your password and any and all damages to WorldNow and This Station resulting from the distribution of your password, whether or not authorized by you.

CONTENT MONITORING

You acknowledge and agree that WorldNow and This Station have the right, but not the responsibility, to monitor the Services and related services, including without limitation chat rooms and forums, and to disclose any information to any third party in order to operate the Services properly, to protect itself, its sponsors and This Station's customers, and to comply with legal obligations or governmental requests, or to respond to any circumstance that WorldNow or This Station deems to be an emergency. WorldNow and This Station reserve the right to refuse to post or to remove any information or materials, in whole or in part, that are unacceptable, offensive or in violation of this Agreement, in the sole determination of WorldNow and This Station.

WHERE AP CONTENT IS USED

Some of the content published by This Station is used under license from the Associated Press. For that content, the terms listed here apply:

http://www.ap.org/termsandconditions/

WARRANTY INFORMATION

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THEM OR ANY RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE SERVICES, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY WORLDNOW OR THIS STATION. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE SERVICES AND/OR SITE-RELATED SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND ANY RELATED SERVICES.

YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WORLDNOW, THIS STATION, NOR THEIR EMPLOYEES, AGENTS, SPONSORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, ANY RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT WORLDNOW AND THIS STATION ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, ANY RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THEM IS TO STOP USING THE SITE AND/OR SUCH SERVICES.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Although WorldNow and This Station attempt to ensure the integrity of the Services, a possibility exists that the Services could include inaccuracies or errors, or unauthorized additions, deletions and alterations made by third parties to the Services. WorldNow and This Station make no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that such an inaccuracy arises, please contact us at www.raycommedia.com so that it can be corrected.  Please include the URL of This Station's Website or the name of the mobile application or other service in your email.

In many instances, the content available through the Services represents the opinions and judgments of the respective information provider, user or member of the Services, or other user not under contract with WorldNow or This Station. WorldNow and This Station neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorized WorldNow employee spokespersons while acting in their official capacities. This Station neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorized employees of This Station while acting in their official capacities. Under no circumstances will WorldNow or this Station be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services.

LINKS TO OTHER WEBSITES AND SERVICES

To the extent the Services contain links to outside services and resources ("Linked Sites"), WorldNow and This Station neither endorse nor are affiliated with the Linked Sites and are not responsible for any content that appears on the Linked Sites.  You are encouraged to review any privacy policy or terms of service posted on the Linked Sites. The respective owners of the Linked Sites neither endorse nor are affiliated with WorldNow, This Station, or their sponsors.

PARENTAL CONTROL PROVISIONS

Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.  Information identifying current providers of such protections is available at the sites of the Electronic Frontier Foundation (www.eff.org) and GetNetWise (www.getnetwise.org).

VOID WHERE PROHIBITED

Although certain Services may be accessible worldwide, not all products or services discussed or referenced in or on the Services are available to all persons or in all geographic locations or jurisdictions. WorldNow and This Station reserve the right to limit the availability of the Services and/or the provision of any product or service to any person, geographic area or jurisdiction it so desires, in our sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made through or on the Services is void where prohibited.

JURISDICTION

Station makes no representation that materials on the Services are appropriate, available or legal in any particular location.  Those who choose to access the Services do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree that these Terms, for all purposes, shall be governed and applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of these Terms must be brought in a state or federal court in the state where This Station is located.  In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

MISCELLANEOUS

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.

WorldNow and This Station may at any time change the Services, including eliminating or discontinuing any content or feature of the Services, restricting its availability or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, postings or notifications on the Services, by electronic mail, by conventional mail, or by another other means chosen in the sole discretion of WorldNow and This Station. Your use of the Services after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions.

Last Updated: March 3, 2012