Breaking News

Terms of Use/ Disclaimers

Terms of Use/ Disclaimers:

It is important to us that you, and our other visitors, have the best possible time while using the Site (mauiwatch.com, Facebook.com/MAUIWatch, etc.) and that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of this Site. Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations.

Your Acceptance of Terms- If you do not agree with any of these Terms of Use please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to these terms.

We reserve the right, at our discretion, to modify, add or delete portions of these Terms of Use or the Privacy Policy at any time by posting updated Terms of Use or an updated Privacy Policy on MAUIWatch Community Network (MCN) Services. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. Your continued use of any of MCN Services following the posting of updated Terms of Use or an updated Privacy Policy means that you agree to those changes.

Please note that these Terms of Use and the Privacy Policy are separate and distinct from the terms of use and privacy policies governing the sites, applications, and other sites, applications, platforms and services that may link to or from MCN Services.

Trademarks

MAUIWatch®, MCN®, MCN program names and logos, and Content Provider names, program names and logos, are trademarks or service marks (“marks”) of MAUIWatch Community Network, Inc., or the Content Providers. All rights in these marks are reserved by their respective owners. You may not use any MCN-provided marks or other logos or graphics, without MCN’s prior written consent, except that you have a license, and have an obligation, to use any MCN or other Content Provider mark or logo included in, or required to be used in connection with, API Content, content feeds, podcasts, MCN’s Media Player, or other functionalities of MCN Services, subject to the requirements set forth in these Terms of Use for the use of the API Content, content feeds, podcasts, media players, or other functionalities of MCN Services.

User Materials

Users of MCN Services may post, upload, transmit and otherwise submit (“Submit”) comments, messages, recommendations, photos, images, story ideas, essays and other content and materials (“User Materials”) on or through the social networking features, forums, discussions, Contact Us page, and other features of MCN Services across all social media platforms (Facebook, Twitter, Instagram, etc) and via mauiwatch.com. You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties, and the Internet, and may be viewed by MCN staff and on MCN Services by the general public. You acknowledge that MCN Services, including the social networking features, forums, discussions, Contact Us page and other features of the MCN Services, are for public and not private communications.

We reserve the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for review. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.  You further agree to the representations and warranties, and indemnification obligations, set forth in the “Representations; Indemnity” section below.

Our Use of Content

MCN will consider anything you provide to MAUIWatch and/or contribute to this Site or on any MCN forums/groups ran on other social media platforms (Facebook/Instgram/Twitter, etc) as available for our use free of any obligations to you. Subject to the provisions of any Additional Terms, by posting or uploading any content to this Site and/or providing any communication or material to MCN (“User Content”), you automatically and irrevocably: (a) grant and assign to MAUIWatch a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by MCN and/or by any person authorized by MCN, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint MCN as your agent with full power to enter into any document and/or do any act MCN may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that MCN shall not be liable for any use or disclosure of such User Content.

Framing

MCN does not allow framing of MCN Services.

Links to MCN Services

MCN is an organization committed to the highest journalistic ethics and standards and to independent, noncommercial journalism, both in fact and in appearance. Therefore, although MCN encourages and permits links to content on MCN Services, the linking should not suggest that MCN promotes or endorses any third party’s causes, ideas, sites, products or services, or use MCN content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.

Links to other Sites and Services

It is important to note that MCN Services contain links to other sites, applications and services maintained by third parties that may not follow the same privacy policies as the MCN Services. For instance, clicking or tapping on a sponsorship acknowledgment or some third-party logos on MCN Services will take you to an entirely different site, application or service. These sites, applications and services may use cookies, collect data, and use the data in ways that MCN Services would not. MCN is not responsible for the privacy practices of, or any information or materials on, these other sites. Please visit these sites if you wish to review their privacy policies. MCN does not endorse the content, products or services of such sites, applications, platforms and services, or any of their operators, and MCN is not responsible or liable for the content, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites, applications, platforms and services. MCN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites, applications, platforms and services.

In some cases, MCN Services may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third-party tools if you agree to their respective terms and policies.

MCN Services include a tool that allows you to sign in or share content using information from your account with a third-party service, such as Facebook, Twitter, Google+, or Instagram. Please be aware that those third-party services are unrelated to MCN, and that your use of the third-party services is subject to the terms and policies of those services.

Podcasts

MCN provides podcasts consisting of audio content that is provided using an RSS feed and associated file so that the file may be downloaded and played from a user’s computer or mobile device. Podcasts are available only for personal, noncommercial use. You may download, copy and/or transfer a podcast to a computer or mobile device only for your personal, non-commercial use, provided that you do not modify the content. You also may link to podcasts from your site, blog, application, platform or service, as long as (a) the links redirect the user to MCN Services when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable portion of MCN Services, (c) the linking does not suggest that MCN promotes or endorses any third party’s causes, ideas, sites, applications, platforms, products or services, (d) you do not use MCN content for inappropriate commercial purposes, and (e) you provide attribution to MCN adjacent to the link.

Rules for Use of the Service

By using MCN Services, including by registering for the MCN Services, participating in MCN social networking features, forums and discussions, Submitting User Materials through MCN Services, the Contact Us page or other means, using Content Feeds, API Content, or podcasts, or by using any other features of the MCN Services, you agree to the following rules:

  1. You must be at least 18 years of age to submit any User Materials or personally-identifying information on or through MCN Services, create a public profile, participate in any online contests, or place an order. If you are between the ages of 13 and 18, you may browse the MCN Services or register for email newsletters or other features of MCN Services with the consent of your parent or guardian, so long as you do not submit any User Materials. If you are under 13 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personally-identifying information from a child under 13, we will remove that information from our database as soon as possible.
  2. You may not submit any User Materials under a false name or a false email address. You may not impersonate another user or provide any false information about yourself.
  3. You may not submit any User Materials or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third-party privacy rights, or that constitutes hate speech or a personal attack.
  4. You may only submit User Materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not plagiarize content or violate or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize MCN, and users of MCN Services (to the extent permitted by these Terms of Use) to use and distribute any User Materials.
  5. MCN Services can only be used for personal, non-commercial purposes. You may not submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use MCN Services for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.
  6. You may not submit any software or other material which contains any virus, trap door, back door, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs, adware, device or other features that may access, alter, delete, damage or disable any hardware, software, information or other property of MCN, other Content Providers, or users of MCN Services. You may not use MCN Services to distribute chain letters, mass mailings, “spam,” or duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or email addresses for the purpose of sending unsolicited email or other communications to other users of MCN Services.
  7. You may not interfere with or disrupt the integrity or performance of MCN Services, any portion or contents thereof, or related systems or networks, or use MCN Services in any way that degrades their reliability, speed or operation, or their underlying hardware or software. In addition you may not attempt to gain unauthorized access to MCN Services or related systems or networks.
  8. By submitting any User Materials on or through the MCN Services, you grant to MCN, and other Content Providers, their licensees, and users of these sites, applications, platforms and services (to the extent permitted by these Terms of Use) the licenses to use those User Materials specified in the “User Materials” section of these Terms of Use.
  9. You are solely responsible for any User Materials submitted using your account. MCN does not and cannot review all User Materials submitted by you or others and is not responsible for any User Materials submitted by you or others on or through MCN Services. However, MCN has the right (but not the obligation) to review, screen, delete, edit or move any User Materials that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service, the Community Discussion Rules(for User Materials Submitted through social networking features, forums or discussions), or these Terms of Use, or for any other reason, as determined in MCN’s sole discretion.
  10. MCN is not responsible or liable for any User Materials Submitted by you or a third party, including any User Materials, on or through the MCN Services. MCN cannot verify the accuracy of statements that users make or place on or through the MCN Services, and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with the Rules for Use of the Service, the Community Discussion Rules(for User Materials Submitted through social networking features, forums or discussions ), or these Terms of Use.
  11. You acknowledge that MCN has the right to limit or terminate your, or any other person’s, access to or registration in the MCN Services for any reason, in its sole discretion, including violation of these Terms of Use.

Representations; Indemnity

You represent and warrant that (a) if you Submit any User Materials or personally-identifying information on or through MCN Services, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through MCN Services that may be necessary for their use as contemplated by MCN Services and these Term of Use, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by MCN Services and these Terms of Use, (d) the User Materials, and their use by MCN, their licensees, and users of MCN Services, applications, platforms and services (pursuant to these Terms of Use) does not and will not libel any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate the Community Discussion Rules (for User Materials Submitted through social networking features, forums or discussions ) or these Terms of Use, and (e) your use of MCN Services complies with these Terms of Use. You agree that you will indemnify and hold harmless MCN, Content Providers and their respective directors, officers, employees, members, and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of MCN Services, (3) the User Materials you have Submitted on or through MCN Services, or (4) MCN’s publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by MCN Content Providers, licensees, or users of MCN Services.

Disclaimer

MCN SERVICES AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH MCN SERVICES ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MCN DOES NOT WARRANT THAT MCN SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MCN DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF MCN SERVICES OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH MCN SERVICES OR THROUGH LINKS ON MCN SERVICES. USE OF MCN SERVICES IS ENTIRELY AT YOUR OWN RISK.

CONTENT ON MCN SERVICES IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED IN MCN SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, HEARD OR SEEN ON MCN SERVICES.

LIMITATION OF LIABILITY

IN NO EVENT WILL MCN, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD- PARTY PROGRAM PRODUCERS AND CONTENT PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE MCN SERVICES, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH MCN SERVICES, OR (C) IN CONNECTION WITH ANY THIRD-PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL MCN, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

Questions

If you have any questions or comments concerning our Terms of Use, please Contact Us.