Terms & Conditions

Terms & Conditions for Kamaʻāina Directory Members

Last updated October 18, 2020. These terms and conditions (the “Terms”) govern your use of Kamaʻāina Directory’s website and any mobile applications that link to or reference the website (“Site”). By using the Site, you agree to these Terms with Big Island Pulse, LLC, the parent company of Kamaʻāina Directory (“Kamaʻāina Directory”). Please do not create a Site membership if you are unwilling or unable to be bound by these Terms.

1.    DEFINITIONS

A.    Parties
“You” and “your” refer to you, as a user of the Site. A “user” or “member” is someone who creates a membership and contributes content to the Site. “We,” “us,” and “our” refer to Kamaʻāina Directory [Big Island Pulse, LLC].

B.    Your Content
“Your Content” means location data, contact information, images, text, photos, video, and all other forms of data associated with your membership or business profile (“Listing”) that you submit to the Site. “Our Content” means content created by Kamaʻāina Directory that is made available in connection with the Site. “Third Party Content” means content that originates from parties other than Kamaʻāina Directory or its members, which is made available in connection with the Site. “Site Content” means all of the content that is made available in connection with the Site, including Your Content, Our Content, and Third Party Content.

2.    CHANGES TO THE TERMS OF SERVICE

The Terms may be modified at any time. If we make changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes.

3.    USING THE SITE

A.    Eligibility
To create a membership, you must be 18 years or older and have the requisite power and authority to enter into these Terms.

B.    Permission to Use the Site
We grant you permission to use the Site subject to the restrictions in these Terms.

C.    Site Availability
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

D.    Memberships
You must create a membership and provide certain personal and business information in order to use some of the features offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your membership. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to remove your membership or any Listing at any time for any or no reason.

In creating your membership and Listing(s), we ask that you provide complete and accurate information about your business to bolster your credibility as a contributor to the Site. You may not impersonate someone else, create or use an account for anyone other than yourself, or provide an email address other than your own.

E.    Communications from Kamaʻāina Directory or Other Users
By creating a membership, you agree to receive certain communications in connection with the Site. For example, you might receive messages from users or other members. You may also receive a monthly or quarterly email newsletter from Kamaʻāina Directory. You can opt-out of non-essential communications at any time.

4.    CONTENT

A.    Responsibility for Your Content
You alone are responsible for your Your Content. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information that makes you personally identifiable. You may expose yourself to liability if Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, violates any intellectual property or proprietary right; contains material that is unlawful.

B.    Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, or distributing it. You may email us at any time to request that your content not be used.

C.    Ownership
Between you and Kamaʻāina Directory, you own Your Content. We own Our Content, including but not limited to visual interfaces, graphics, design, original text content, and all other elements of the Site excluding Your Content, other User Content, and Third Party Content. We also own any copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights associated with Our Content and the Site. You may not modify, reproduce, distribute, create derivative works of or in any way exploit any of Our Content except as expressly authorized by us. All members are allowed to use Kamaʻāina Directory branding in accordance with branding guidelines outlined on our website.

D.    Advertising
Kamaʻāina Directory may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

5.    RESTRICTIONS
We are not obligated to enforce the Terms on your behalf against another member or user. We encourage you to let us know if you believe another user has violated the Terms; however, we reserve the right to investigate and take action at our sole discretion.

A.    You agree not to, and will not assist, encourage, or enable others to use the Site to:

  • Write fake or defamatory information;
  • Violate any third party’s rights, including any breach of copyright or any other intellectual property or proprietary right;
  • Violate any applicable law;
  • Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
  • Engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results;
  • Submit or transmit pornography or other offensive material.

B.    You also agree not to, and will not assist, encourage, or enable others to:

  • Violate the Terms;
  • Record, process, or mine information about other members;
  • Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
  • Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
  • Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
  • Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
  • The restrictions above only apply to the extent permissible under applicable law.

6.    THIRD PARTIES
The Site may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. Your use of Third Party Sites is at your own risk.

7.    TERMINATION

  • You may terminate the Terms at any time by canceling your membership and discontinuing your use of the Site.
  • We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
  • In the event of any termination of these Terms, whether by you or us, we still reserve the right to use Your Content as detailed in Section 4.

8.    INFORMATION WE COLLECT

  • On our site(s), there are pages where you will be requested to enter personal and business contact information in order to receive member communications. This data may include your name, email address, mailing address, etc.
  • We also ask for information about your business(es) that will be displayed publicly on our website.
  • We use Google Analytics on some of our sites in order to track the number of visitors, how those visitors came to our site, and which pages those visitors visit on our site(s). This is all handled under Google’s privacy policy.
  • We do not use cookies to track your activity on our site(s).
  • We do not store credit/debit card numbers.

9.    WHAT WE DO WITH YOUR INFORMATION

  • Essentially, your data will only be used for the specific purposes for which it was collected.
  • We may use your contact information in order to send you emails or promotions specifically relevant to Kamaʻāina Directory and its activities.
  • We may, occasionally, send surveys or even direct one-to-one mail in order to manage memberships or benefits.
  • We may share the personal and business contact information you provide with other Kamaʻāina Directory members and partners. We will NOT share your contact information with any third parties not affiliated with the Kamaʻāina Directory. Please notify us via email at any time if you would not like your contact information made available to other members, retailers, and sponsors and we will remove your information from our membership contact list.

The section titles in the Terms are for convenience only and have no legal meaning.