Notices of Restrictions on Your Use The Web Site and all data and information and/or content that you see, hear or otherwise experience on or through the Web Site (the "Content") belongs to KITV, Inc., its partners, affiliates, contributors or third parties and may be protected by U.S. and international copyright, trademark, intellectual property and other laws, and belong to KITV, Inc., its partners, affiliates, contributors or third parties. Third party content is intended to be used on this Web Site in a legally-permissible manner; you may need third party licenses or permissions to use such content for other uses.
Restrictions on Use You may use the Web Site and the Content solely for your personal, non-commercial use. You may download, print and store selected portions of the Content, provided that you:
only use these copies of the Content for your own personal, non-commercial use
do not copy or post the Content (including source codes) on any network computer or transmit, distribute, publish or broadcast the Content in any media, including without limitation, a Web site; and
do not modify or alter the Content (including source codes) in any way, or delete or change any copyright, trademark or other legal notice.
No right, title or interest in any copied or downloaded Content is transferred to you as a result of any such copying or downloading, or as a result of your access to or use of any part of the Website. KITV, Inc. reserves complete title and full intellectual property rights in any Content you copy or download from this Web site.
Specific Restrictions on Use of Associated Press Material Content provided by the Associated Press, including information, data, text, photographs, graphics, audio and/or video material, shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium, and may not be stored in a computer except for personal and non-commercial use. The Associated Press will not be liable for any delays, inaccuracies, errors or omissions in any such content, or in the transmission or delivery of all or any part thereof, or for any damages arising there from.
Disclaimer of Warranties YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS TO AND USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS THEREON. KITV, Inc. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEB SITE. KITV, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE WEB SITE OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). KITV, Inc. SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE WEB SITE OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION OR CONTENT PROVIDED BY THE WEB SITE. KITV, Inc. DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED. KITV, Inc. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PROVIDED BY THE WEB SITE, OR THAT ANY ERRORS IN THE INFORMATION OR CONTENT WILL BE CORRECTED. THE WEB SITE, AND THE INFORMATION OR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Specific Disclaimer For Downloading of Files KITV, Inc. cannot and does not guarantee or warrant that files available for downloading through the Web Site will be free of infection by viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. The entire risk as to the quality and performance of the Web Site, the accuracy of any information or content provided through the Web Site, or quality of any file used in conjunction with the Web Site is solely and exclusively with you, the user.
Specific Disclaimer for International Use KITV, Inc. makes no representation that information content provided on the Web Site is applicable or appropriate for use in locations outside the United States. Portions or versions of the Web Site that have been translated into any language other than English are provided for the convenience of the user only. KITV, Inc. makes no representation or warranty that the translations are complete and accurate and KITV, Inc., by providing some content in a language other than English, undertakes no obligation to provide translations of all or any portion of the Web Site in any language except as determined by KITV, Inc.. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.
ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, OR THE INFORMATION OR CONTENT PROVIDED THEREIN;
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE, AND/OR INFORMATION OR CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THE WEB SITE;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR
ANY OTHER MATTER RELATING TO THE WEB SITE, EVEN IF KITV, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification You understand and agree that you are personally responsible for your behavior on the Web Site and for your use of the Content. You agree to indemnify, defend and hold harmless KITV, Inc., its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Web Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use of the Web Site or your use of the Content, any violation by you of this Agreement or any applicable law, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the Web Site through your user account
any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights or rights of privacy or publicity of any party
any libelous, defamatory, obscene, threatening, advertising, harassing, fraudulent, misleading, false, pornographic, abusive, or otherwise illegal or objectionable Material
any Material that you do not have the right to transmit under law or under contractual or fiduciary relationships;
any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
any Material that harms minors in any way.
You further agree not to (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Web Site, or obtaining lists of users or other information from or through the Web Site, including, without limitation, any information residing on any server or database connected with the Web Site; (ii) attempt (or encourage or support any one else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web Site, or any content thereof, or make unauthorized use thereof; or (iii) impersonate any other person or entity, whether actual or fictitious, including anyone from the Web Site, Station or KITV, Inc..
We may also make certain products and services available for purchase or download to visitors of the Web Site. You may only order products or services if you are domiciled in the United States and if, under the laws of your state, you are old enough to enter into a contract to purchase such goods or services. By making a purchase, you represent that you are old enough to enter into such a transaction. You agree to pay in full the process for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to us, and you are agree to pay all applicable taxes. Certain products or services that you purchase or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
KITV, Inc. cannot make any representation or warranty about anything contained in the Material. KITV, Inc. likewise assumes no responsibility for any contact you may have with other users of our sites, either online or offline. If you elect to meet in person with someone you may meet on our sites, you do so at your own risk, and under no circumstances will KITV, Inc. be liable for any activity or injury or consequence that may occur.
Correction of Errors and Inaccuracies The information in the Web Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
No Endorsements of Links Hypertext links to third party Web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by KITV, Inc. of the third party, any third-party Web site, or the information contained therein. You acknowledge and agree that KITV, Inc. is not responsible for the availability of any such Web sites and that KITV, Inc. does not endorse or warrant, and is not responsible or liable for any such Web site, or the content on such Web site, or the services offered by such Web site. Under no circumstances will KITV, Inc. be responsible for any loss or damage resulting from your use of any such Web site or the services offered by such Web site or any content posted on such Web site or transmitted from such Web site. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other Web site.
Claims of Copyright Infringement In the event that you claim to be the copyright owner of any Content, you agree to immediately notify KITV, Inc. of any claimed copyright infringement. You further agree to provide KITV, Inc.'s copyright agent the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, U.S.C. § 512:
your physical or electronic signature or that of a person authorized to act on behalf of you, the purported owner of an exclusive right that is allegedly infringed;
identification of the copyright or work claimed to have been infringed, or a multiple copyrighted work at a single online site or covered by a single notification, or a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of 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;
information reasonably sufficient to permit us to contact you, the complaining party, or the person authorized to act on your behalf, including your address, telephone number, and email address;
a statement that you, the complaining party, have a good faith belief that the use of the material in the manner complained of is not authorized by you the copyright owner, your agent, or the law; and
a statement, made under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of you, the owner of an exclusive right that is allegedly infringed. KITV, Inc.'s Copyright Agent for notice of claims of copyright infringement on or relating to this Web Site can be reached either by:
KITV, Inc. C/O Wade O’Hagan 801 South King Street Honolulu, HI 96813