Terms and Conditions


Access to and use of the LookIntoHawaii.com & LookIntoTravel.com web site (“Site”) is subject to these Terms and Conditions (“Terms”), which is a binding contract between you and LookIntoHawaii.com, LLC. ("LIH" or "we"). If you access or use this Site, you hereby accept all terms and conditions of these Terms. If you do not agree to the terms and conditions of these Terms, do not access or use this Site.

SECTION A - ELECTRONIC SIGNATURE

You agree to do business with LIH electronically. You (i) consent to the electronic communication and delivery of all documents related to this Site and its Content, as defined below, (ii) agree that your agreement to these Terms is a binding form of your electronic signature, (iii) represent that you have internet access and a valid e-mail address enabling you access to the Site and to receive communications and documents electronically, and (iv) represent that you have a printer or other device to print or save communications and documents, including these Terms, and that you have printed or otherwise saved a copy of these Terms for your records.

SECTION B - USE OF OUR SITE

You agree to use this Site in a legal and ethical manner at all times. You agree not to use, copy, modify, distribute, republish, reverse engineer, display, decompile, mirror, translate, disassemble, or transmit any of the Content (defined below) or other materials on this Site without our express written permission.

This Site contains copyrighted materials of LIH. The distinctive and original layout, design, and presentation of this Site constitute protectable trade dress under applicable federal law. In addition, proprietary names belonging to LIH appear throughout the Site. The Site may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to LIH or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

You agree to comply with domestic, foreign and international laws, statutes, ordinances, and regulations applicable to your use of this Site. You also agree to follow any other guidelines or rules provided or posted on this Site.

You agree to the LIH Privacy Policy which is incorporated into these Terms by this reference.

Before any person or entity may use some of the Services of this Site that person or entity may be required to become a Member (“Member”) of LIH. Membership is free but you must be at least 13 years of age to create a member account.

LIH is a forum only. We have no liability for any Content. You are solely liable for all Content that you use, post, or create as a Member.

SECTION C – DEFINITIONS OF ADDITIONAL TERMS USED IN THESE TERMS

  1. All pages, content, forms, postings, forum posts, forum topics, blog posts, reviews, ratings, and listings of any kind you create on the Site and any other material you may upload or create are referred to as Content, and include, but are not limited to, computer code, HTML and script code, all web pages, all uploaded images and files and videos, all text and other entered or inputted information, and all uses of the Site, and other items.
  2. Anyone who adds or uses Content will be referred to as Members.


SECTION D – GENERAL INFORMATION

  1. Members may only create Content that is relevant to the website(s) where they will use Content they own or otherwise have the right to use and upload.
  2. If you add Content, you represent that the Content and use of the Content permitted by these Terms does not infringe the intellectual property rights of any other party.
  3. Members are solely responsible for any Content they add and may not add Content that violates any international or domestic law, statute, ordinance, or regulation. Content cannot be defamatory, libelous, pornographic, obscene, offensive or evocative of racial hatred of any kind, and cannot contain any viruses, spam, malware or other programming routines that detrimentally interfere with computer systems or data.
  4. Members grant LIH, this Site, our affiliates, and partners a non-exclusive, permanent, perpetual, worldwide, irrevocable, fully sub-licensable, and unlimited royalty-free license to use, publish, or republish their Content in any way on any medium and in any format.
  5. Members may not test their own Content or reverse engineer them or otherwise copy any proprietary information or ideas from LIH. Members should keep a backup of their Content at all times. Members’ Content on the Site cannot be used as a backup source.
  6. Members may not have more than one account on the Site at any time.
  7. You are responsible for all activity that takes place under your Member ID and Member account. It is your responsibility to maintain the confidentiality of your user ID and password.
  8. Members agree to register using a valid email address they are entitled to use that is not hosted by any temporary email service.
  9. The Site may provide interactive areas where Content is not confidential. Members should exercise the utmost discretion before providing any personal information on these interactive areas of the Site. Users of interactive areas are solely responsible for the content and consequences of anything they post. LIH will have no liability for content and consequences of such postings.
  10. Although LIH is not obligated to monitor content or accuracy of information on the Site, we retain the right, in our sole and absolute discretion, to monitor, edit, prohibit, or remove any Content, at any time, without notice, for any reason.
  11. Because Content is delivered via the Internet, there may be some circumstances where the delivery of Content is delayed or unavailable. In no event will LIH be liable for any delays in delivery or performance caused by your failure to provide necessary and accurate information in a timely manner, or caused by circumstances or causes beyond LIH's reasonable control.
  12. LIH may terminate or deactivate the Membership of any person or entity for any reason at any time without notice.
  13. LIH may change formulas that govern the way Content is displayed, calculated, accumulated, accrued, or reported for any reason at any time without notice.
  14. Members may not create or add Content containing any adult / pornographic content.
  15. Changes to these Terms become effective for existing Members at the time an updated version is published on this Site. By accessing or using this Site after such changes are posted, you agree and consent to all such changes. Changes made here do not and will not null or void any previous agreements or licensing of any Content you have submitted to the Site previously.
  16. If you do not agree with these terms and conditions then do not use this website.


SECTION E – ADDITIONAL CONTENT POSTING RULES

When posting Content to the Site, please be sure to follow these additional rules and guidelines.

  1. Access to the Site is a privilege, not a right, so please use common sense when posting Content and make sure that your Content is family friendly at all times.
  2. Be kind and courtesy to all Members of the Site. We will not tolerate personal attacks, insults, or other aggressive Content.
  3. Keep all posted Content on topic at all times. Off topic Content may be removed.
  4. If you are on the receiving end of abusive Content then please contact us to let us know, do not further the problem by replying publically.
  5. If you have any questions about any actions taken by our Site administrators, such as the removal of your Content, then please contact us directly. Do not post matters like this anywhere on the Site.
  6. Do not "bump" a topic unless you are adding useful and relevant content to the topic. Bumping is the process of posting a nearly empty reply to a forum topic to ensure that it stays at the top of the topic list in hopes to get more people to read it and reply. Do not do this!
  7. If you see Content that violates any of our rules, including spam Content, please contact us directly rather than replying to the Content on the Site.
  8. Do not attempt to bypass any censoring or Content filtering options we have in place.
  9. Do not post any Content that tries to advertise a product for sale or that advertised any company. This includes, but is not limited to, posting affiliate or referral links to products, services, or websites. If you wish to advertise on our site then please contact us directly.


SECTION F – REWARDS PROGRAM

The Site gives out rewards points that are completely free to earn by members of the Site. The points earned can be redeemed for digital and/or physical items that we specify. These points will be earned automatically for various participation events when using this Site when the rules listed below are followed.
  1. The items offered for point redemption can change at any time and without notice.
  2. The point value and/or amount of points required to redeem an item can change at any time and without notice.
  3. Members might be limited in how many points they can earn in any given time period.
  4. Though any member in any country can earn points, physical goods that are shipped are currently restricted to delivery only to a postal address to one of the 50 states in the U.S.A. that is reachable via the United States Postal Service mail system or another shipping option of our choice.
  5. If any member is found to be earning points through any fraudulent activity or through any means determined by LIH staff to be unethical, immoral, or otherwise anything less than how we intended the system to work then that member will forfeit any and all earned points and possibly have their member account terminated.
  6. When referring a new member to the Site you will only earn referral points when your referral link is used. Members cannot earn rewards points by referring themselves or members of their household. More than one account using the same computer IP address, address, email address, or other similar information will be considered the same household. Members cannot earn rewards points if the referred person or entity is a current or past Member of the Site.
  7. The rewards program rules and point earning systems and calculations are subject to change at any time and without notice.
  8. When points are allowed to be redeemed for money, the Member must be able to accept their payment using the PayPal.com payments system and be able to receive funds using that system in US Dollars (USD). Any fees charged by PayPal for the transfer of funds is the responsibility of the Member to pay to PayPal. Member must have at least $25.00 USD worth of reward points in their balance to be paid out and must contact LIH to request funds.


SECTION G – ADVERTISING

Any Member who advertises agrees that they are 100% responsible for all content of their ad, are authorized to sell all products and/or services listed on their ad or Website, has all rights to use any text or images in their ad, and that the advertising system is self-service only. All sales related to advertising and ad impressions are final and no refunds will be given.

Any Member who advertises may stop at any time but any unused ad impressions will not be available for a refund or credit. All ad impressions purchased will be good for one year from the date of purchase.

SECTION H – STOCK PHOTOS

Members may embed select photos, known as "stock photos", from this website onto their own website or blog for free. Only those photos listed in our Stock Search page are eligible to be embedded. You are only granted a license to use the images via the embeddable HTML code provided. No other license is granted and we retain all copyrights to the photos.

Stock Photos can only be used via the embeddable HTML code provided and that HTML code cannot be modified in any way. The HTML code and links provided must remain exactly as given to you and cannot be modified in any way, including, but not limited to, adding "nofollow" tags / attributes.

We reserve the right to overlay and use advertisements or otherwise monetize the use of our Stock Photos without any compensation to you, your website or blog, or company. We reserve the right to collect data on how, where, and when the stock photos are used.

Stock Photos cannot be used in any defamatory, illegal, pornographic, or otherwise unlawful manner. Stock Photos are intended for editorial and other such newsworthy uses and cannot be used for commercial reasons such as promotions, advertising, merchandising, or any use that suggests an endorsement or sponsorship. Stock Photo use is the responsibility of the Member and each Member must make sure that they are legally allowed to use a given photo. LIH assumes no responsibility for how and where a Stock Photo is used.

SECTION I – WIDGETS

Widgets are graphical and/or text based HTML elements that may include our logo. Widgets may be placed on a third party website (including blogs and social media sites). You are granted a non-exclusive license to display the widgets on a website with the understanding that all intellectual property rights remain the exclusive property of LookIntoHawaii.com, LLC.

The HTML code provided for the widget may not be modified in any way and must be pasted onto the third party website exactly as it is copied from this website.

SECTION J – DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

LIH respects the rights of intellectual property owners, and asks that its users and Members do the same. If you believe that your copyright is being infringed, you must provide our Copyright Agent with all of the following information in the form prescribed by Section 512 of Title 17, United States Code:

  1. A description of the copyrighted work you claim has been infringed,
  2. A description of the material that you claim is infringing, identified with sufficient detail for us to locate it on the Site,
  3. Your 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,
  5. A statement by you declaring under penalty of perjury that the above information is true and that you are the owner of the copyrighted interest or authorized to act on the copyright owner’s behalf, and
  6. A physical or electronic signature of the person authorized to act on behalf of the copyright owner’s interest.


Our Copyright Agent for notice of claims of copyright infringement on this Site can be reached online or as follows:

Copyright Agent

LookIntoHawaii.com, LLC
POB 75624
Kapolei, HI 96707
USA

Once your DMCA takedown is received we will remove the infringing content and forward your takedown request and information to the other party.

You understand and agree that: (1) we assume no liability or responsibility for any third party Content or material of any kind that is submitted to or posted on or through the Site by you or by any other users or third parties and (2) we are a publisher of any such Content, and are acting solely as a Service Provider as such term is defined in the Digital Millennium Copyright Act.

SECTION K – STUFF OUR ATTORNEY MADE US INCLUDE

This section contains important information that you should read carefully. Because we cannot guarantee the Content you download or access via this site is problem-free, our liability to you is limited, as described below. You are also agreeing to indemnify us. We cannot provide a warranty for the Content hosted on this site—it is provided on an 'as is' basis, as described below.

Indemnification

You will indemnify, defend and hold harmless LIH, its affiliates, and their respective officers, shareholders, partners, representatives, agents and employees from any and all liability, loss, damages, claim and expense, including reasonable attorney's fees, related to or arising from your violation of these Terms, your use or misuse of the Site or Content, or any infringement of any intellectual property or other right as a result of the of Content or your use or provision of the Content. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which you will cooperate with us in asserting any available defenses.

No Liability

IN NO EVENT SHALL LIH OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, SHAREHOLDERS, PARTNERS, REPRESENTATIVES, AGENTS AND EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THIS SITE OR ANY LINKED WEB SITE OR TO ANY PRODUCT/CONTENT OR OTHER MATERIAL OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT YOUR INABILITY TO USE THIS SITE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF ANY INFORMATION, ADVICE OR MATERIALS ON THIS SITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LIH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE SITE, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.

We are not affiliated, authorized, associated, endorsed by, or in any way officially connected with the companies or entities listed on this website, or any of their subsidiaries or their affiliates. All other trademarks cited, listed, or shown here are the property of their respective owners.

No Warranty

LIH is only a forum. LIH has no control over the quality or legality of any Content on this Site or the accuracy of any related information. It is your full responsibility to ensure the quality and legality of any Content and its use. You agree that we have no liability for any misrepresentation, incomplete statement or failure to disclose any Content data, or for any claims arising from a transaction resulting from your use of the Site or a business transaction you enter into using the Site.

LIH makes all commercially reasonable efforts to ensure that all material, information and data on this Site are accurate and reliable; however, accuracy cannot be guaranteed.

Do not rely on the content of this site, including any articles or user contributions. All content is provided purely for general information and entertainment purposes only and does not take into account your personal and unique needs and situation. Do not substitute any content you find here for professional advice or your own common sense. You understand and agree that using any information or content is at your sole and exclusive risk and LIH, its authors / writers, users, and affiliates shall have no liability or responsibility to your whatsoever. We are not responsible for the accuracy or reliability of any content.

Some of the content offered may include information on health, nutrition, fitness, medical, legal, financial, and other subjects. This content, like all content, is provided for informational and entertainment purposes only. Always consult an appropriate professional (physician, etc) before taking or acting on any such advice. Content provided here is not a substitute for professional (medical, etc) advice. Using any information or content from this site is solely at your own risk. Information and content from this site is not intended to prevent, diagnose, or teat any disease, illness, condition, problem, etc.

THIS SITE IS PROVIDED BY LIH ON AN “AS IS” BASIS. LIH MAKES NO WARRANTIES WITH RESPECT TO THIS SITE, AND DISCLAIMS ALL APPLICABLE WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT FOR THE SITE AND ALL CONTENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE. LIH MAKES NO WARRANTY OR REPRESENTATION REGARDING RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS SITE, OR REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THIS SITE. LIH DOES NOT WARRANT OR GUARANTEE (1) THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF THIS SITE OR ANY CONTENT OR OTHER MATERIAL, OBTAINED THROUGH USE OF THIS SITE OR (2) THAT USE OF THIS SITE OR ANY CONTENT ON THIS SITE WILL MEET ANY REQUIREMENT, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. LIH SHALL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATION.

You acknowledge and agree that (1) your use of this Site and Content is at your own discretion and risk, and (2) you are solely responsible for any damage that results from the download and use of any Content.

LIH does not warrant or guarantee that Content or other materials and information available through this Site will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system.

LIH is not liable to users and Members of this Site for any damage resulting from use of this Site or use of Content obtained from this Site, and is not in any way responsible for the conduct of users or Members of this Site or for Content posted or exchanged on this Site.

No advice or information, whether oral or written, obtained by you from LIH or in any manner from this Site shall create any warranty.

Third-Party Web Sites

This Site may link to, or be linked to, other web sites not maintained by or related to LIH. These links are provided only as a service to our users and Members. LIH is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with any linked or linking web site. LIH has not reviewed all third party web sites and is not responsible for their content, accuracy, or policies. If you link to or retrieve any other pages or web sites it is at your own risk.

Dispute Resolution and Interpretation

The laws of the State of Hawaii and the United States govern these Terms without regard to any choice of laws or conflicts of law provisions. You agree that any lawsuit arising from or related this Site shall be brought exclusively in the federal or state courts located in Honolulu County, State of Hawaii, United States and you consent to the exclusive jurisdiction of such courts.

If any provision of these Terms is held invalid, void, or for any reason unenforceable, that provision shall be severed from these Terms and the remaining condition will remain in force to the fullest extent provided by law.

Any amendments or waiver of any portion of these Terms will be effective only if in writing and signed by an authorized officer of LIH. This is the entire agreement applicable to Content and your use of the Site.

No partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms.