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Dan's Hawaii
Terms of Service and Privacy Policy
General
The Dan's Hawaii website at danshawaii.com (the "Site") and the services provided therein (the "Service") is owned and operated by Local Knowledge, LLC. Your use of the Service is subject to these Terms of Service and your continued use of the Service is your agreement to be bound by these Terms of Service. We may change the Terms of Service from time to time for any reason, in which case we will post the revised Terms of Service on the Site. By continuing to use Danshawaii.com after we post any such changes, you accept the Terms of Service, as modified.
The Service is provided for your personal use and enjoyment. You may download material from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices
You may establish a hypertext link to this Service or parts thereof for non-commercial purposes so long as the link does not state or imply any sponsorship of your site by the Site or Service.
You may be required to register with Danshawaii.com to use certain parts of the service. You agree to provide true, accurate, current and complete information about yourself as requested, and to maintain and promptly update such information. Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy. To use certain features of the Service, you may need a username and password. You are responsible for maintaining the confidentiality of the password and account, and are solely responsible for all activities (whether by you or by others) and any loss or damage that occur under your password or account.
Restrictions
The Service, the Site 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, except as specifically authorized herein or on the Site, and then only for non-commercial purposes.
You may not, without our prior written permission frame any of the content of the Service, or incorporate into another Web site or other service any intellectual property of danshawaii.com, its parent or affiliate companies or its licensors.
Unless otherwise specified, you may not create links, use the Service or any content or part thereof, for commercial purposes.
Your Content
When you post a message, upload a file, or otherwise provide us with material, 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 Web site, you are granting danshawaii.com 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.
Acceptable Use
The Service may include a variety of features, such as bulletin boards, chat rooms, and e-mail services which allow feedback to Danshawaii.com and 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. Danshawaii.com does not control the messages, information or files delivered to bulletin boards. 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 Danshawaii.com.
- Gather for the purpose of spamming e-mail addresses that have been posted by other users of the Service.
Third Party Sites and Services
The Service includes links to other Web sites, and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access another Web site or purchase products or services or conduct other transactions through the Service, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products or services. This Service includes links and pointers to Internet sites, content and services provided by third parties. Our linking to such third party sites 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 danshawaii.com, 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 Danshawaii.com or on Web sites linked to by Danshawaii.com.
Privacy
The information we collect about you falls into two general categories:
1. Information You Provide to Us. Danshawaii.com may collect and store information, personal or otherwise, that you voluntarily supply to danshawaii.com. If you decline to supply or provide danshawaii.com with certain information while using the Service, you may not be able to use or participate in some or all of the features offered through the Service.
2. Information that is Automatically Collected. Danshawaii.com may collect and store information that is generated automatically as you navigate the Site or otherwise use the Service. Danshawaii.com may use cookies, web beacons and other web tools to collect information about you.
How is the Information Used?
danshawaii.com uses the information it collects from you while you are using the Service in a variety of ways, including to customize features and advertising that appear on the Service. Except as disclosed in this Agreement, Danshawaii.com will not share any personally identifiable information about you with any third party without your consent.
Whenever you voluntarily disclose personal information online - for example on message boards, through e-mail, or in chat areas - that information can be seen, collected and used by others besides danshawaii.com. Danshawaii.com cannot be responsible for any unauthorized third party use of information that you disclose online.
Danshawaii.com may release information about you when release is appropriate to comply with law, to enforce our Terms of Service agreement, or to protect the rights, property or safety of visitors to our site, the public, or Danshawaii.com.
In the event that Danshawaii.com or its parent company, some or all of our assets, or our Site is acquired by another company, your personal information be among the transferred assets.
Questions on Privacy
If you have any questions about the privacy statement, the practices of Danshawaii.com, or your dealings with danshawaii.com, you can contact:
Local Knowledge LLC
3420 Ocean Park, Suite 2020
Santa Monica, CA 90405
privacy@danshawaii.com
Disclaimer of Warranty
To the fullest extent permissible pursuant to applicable law, Danshawaii.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Danshawaii.com does not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, that the materials provided through the Service are correct, accurate, timely or reliable or that the Service is free of viruses or other harmful components, or.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DANSHAWAII.COM, ITS SUBSIDIARY 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, DANSHAWAII.COM MATERIALS, PRODUCTS OR SERVICES, OR THIRD PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH DANSHAWAII.COM EVEN IF DANSHAWAII.COM 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 DANSHAWAII.COM, ITS SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT DANSHAWAII.COM IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY DANSHAWAII.COM MATERIALS, PRODUCTS OR SERVICES OR WITH ANY OF DANSHAWAII.COM'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING DANSHAWAII.COM.
Termination
Danshawaii.com 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.
Other
This agreement constitutes the entire agreement between Danshawaii.com 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. This agreement shall be governed by and construed in accordance with the laws of the State of California 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.
