Terms and Conditions of Use of Media

 

Please read the following Terms and Conditions of Use of Media carefully before using this website. Your use of this Media is expressly conditioned on your acceptance of these terms and conditions without any modifications. Your use of this Media constitutes your acceptance of all the terms and conditions set forth herein. If you do not agree with any part of the following terms and conditions, you should not use this Media.

Definitions
Any use herein of the terms “Media” refers to all publicly accessible pictures, videos, and all other forms of Media that are identified with and under the control of State of Hawaii, Department of Transportation, Airports Division (HDOTA) and protected under applicable intellectual property laws, unless otherwise stated.  Intellectual property rights in the website are administered by the HDOTA on behalf of itself and the State of Hawaii.

Ownership Notice
Unless otherwise noted, all of the Media contained herein, including the HTML code, source code, and any other code used to generate any portion of this website, are the copyrighted property of HDOTA or of third parties who have licensed HDOTA to use their property. None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of the HDOTA.  In addition, the trademarks, logos, and service marks displayed on this website (collectively the “Trademarks”) are registered and common law trademarks of HDOTA and/or third party service providers. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of HDOTA and/or the appropriate third party service providers.

No Unlawful or Prohibited Use
As a condition of your use of this Media, you agree that you will not use this Media for any purpose that is unlawful or prohibited by these Terms and Conditions of Use of Media. Actions that you agree not to take include, but are not limited to: (1) taking or attempting to take Media for commercial, marketing, self-promotion, or novelty applications; (2) taking or attempting to take any action that results in editing or altering images -cropping is acceptable; (3) taking or attempting to take any action that compromises the website; (4) taking or attempting to take any action that involves reprinting on coffee table books, garments, posters, or mugs, or any medium.

Credit
Credit is required for each of the Media as specified on this website.  Credit must be placed adjacent to any use of the Media.

Personal and Non-Commercial Use Limitation
This website is strictly for your personal and non-commercial use. In the absence of HDOTA express prior written consent, you may not modify, copy, transmit, distribute, display, publish, or reproduce any of the Media or any part or portion thereof for any purpose other than your own personal and non-commercial use.

Links to Third Party Websites
This website contains hypertext links to other websites that are maintained by and under the control of third parties (the “Linked Websites”).  HDOTA and the State of Hawaii are not responsible for, and makes no representation or warranty regarding, the content or accuracy of any of the Linked Websites. The inclusion of a link does not mean that HDOTA and the State of Hawaii endorse, has reviewed, or approves of the Linked Website or the individuals, entities, and/or organizations responsible for the Linked Website. These hypertext links are provided as a convenience only, and HDOTA and the State of Hawaii are not responsible for any content that can be accessed through the Linked

Websites. If you access Linked Websites, you do so at your own risk. Any questions that you have about one of the Linked Websites should be directed to the individuals, entities, and/or organizations responsible for that website.

The Internet is a distributed network of millions of computers. Although we attempt to verify all links on a regular basis, there is a possibility that the particular server that you are attempting to link to is not currently operational. Please e-mail us at [email protected] to let us know about a broken hyperlink.

Disclaimer of Warranty and Limitation of Liability
HDOTA and the State of Hawaii makes no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components, and accuracy of the information, products, services, graphics, Media, and all other material and/or content found on this website. All such information, products, services, graphics ,Media, and all other material and/or content found on this website are provided “as is” without any kind of warranty. HDOTA and the State of Hawaii hereby disclaims all warranties and conditions with regard to such information, products, services, graphics, Media and all other material and/or content found on this website, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

In no event shall HDOTA and the State of Hawaii be liable for any direct, indirect, punitive, incidental, special, consequential, or any other type of damages arising out of or in any way related to the use or performance of HDOTA’s website, the provision of or failure to provide services, or for any information, products, services, graphics, Media and other materials and/or content obtained through HDOTA’s website, or otherwise arising out of the use of HDOTA’s website, whether based on contract, tort, negligence, strict liability, or otherwise, even if HDOTA has been advised of the possibility of such damages.

Please note that because some states/jurisdictions do not allow the disclaimer of certain warranties and/or the exclusion or limitation of liability for certain types of damages, some of the preceding disclaimer, exclusion, and limitation may not apply to you. In such event, please see the section below entitled “Restriction on Use Based on Location.”

Amendments to These Terms and Conditions of Use of Media
From time to time, it may be necessary for HDOTA to amend these Terms and Conditions of Use of Media. You are responsible for regularly reviewing these Terms and Conditions of Use of Media so that you will be aware of any changes. Please note that your continued use of this website means that you accept the amendments to these Terms and Conditions of Use of Media.

Governing Law
This agreement and its performance are governed by the laws of the State of Hawaii and the United States of America without regard to any conflicts of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in the City & County of Honolulu, State of Hawaii, United States of America, for all disputes and issues regarding your use of this website and your compliance with these Terms and Conditions of Use of Media.

Restriction on Use Based on Location
Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions of Use of Media.

Legality
HDOTA and the State of Hawaii makes no claims regarding the legality of viewing or downloading the content of this website and anyone who accesses this website does so at his or her own risk.

Violation of These Terms and Conditions of Use of Media
If HDOTA and the State of Hawaii determines that you have violated any provision of these Terms and Conditions of Use of Media, HDOTA and the State of Hawaii has the right, in their sole discretion, to pursue any and all of its legal remedies.

Indemnification
You, your successors and assigns, agree to release, defend, indemnify, and hold harmless the State of Hawaii and the Department of Transportation, and its officers, directors, employees, and agents from and against any and all claims arising from your use of the website.

Severability
If any provision of these Terms and Conditions of Use of Media is held to be invalid or unenforceable, the validity and enforceability of the other provisions of these Terms and Conditions of Use of Media will remain unaffected.

Headings
The headings in these Terms and Conditions of Use of Media are included solely for convenience and will not limit or otherwise affect these Terms and Conditions of Use of Media.

Entire Agreement
These Terms and Conditions of Use of Media and any other policies and/or guidelines referred to herein constitute the entire agreement between you and HDOTA and the State of Hawaii regarding this website, and supersede all other prior or concurrent oral or written letters, agreements, or understandings related to this website.