General
This Mustdotravel.com website (the "Service") is owned
and operated by HawaiiTourism, LLC d.b.a. Mustdotravel.com and contains
material that is protected by state, national and international copyright,
trademark and other intellectual property laws. Unless otherwise specified,
the Service is intended for your personal, noncommercial use only. You
may not modify, copy, reproduce, republish, upload, post, transmit or
distribute in any way any material, including code and software, from
the Service. You may download material from the Service and may use the
Service for your personal, non-commercial use only, provided you keep
intact all copyright and other proprietary notices.
As part of our Service, Mustdotravel.com agrees to provide you with information
and other computer services subject to these Terms of Service. You agree
to use the Service in accordance with these Terms of Service, our Privacy
Policy, and any additional terms and
conditions that may apply to specific sections of the Service or to products
and services available through the Service. Accessing the Service, in
any manner, for the purpose of obtaining information, technical or otherwise,
about the Service, constitutes use of the Service and your agreement to
be bound by these Terms of Service. Because the Web is an evolving medium,
we may need to change these Terms of Service or impose new conditions
on use of the Service, from time to time, in which case we will post the
revised Terms of Service on this website. By continuing to use the Service
after we post any such changes, you accept the Terms of Service, as modified.
You may establish a hypertext link to this Service so long as the link
does not state or imply any sponsorship of your site by Mustdotravel.com.
However, you may not, without the prior written permission of Mustdotravel.com,
frame any of the content of the Service, or incorporate into another website
or other service any material, content or intellectual property belonging
to Mustdotravel.com, its parent or affiliate companies, or any of their
licensors.
License to Mustdotravel.com
By posting messages, uploading files, or otherwise providing any material
to us for display on the Service, you are representing that you are the
owner of the material, or are making your submission with the express
consent of the owner of the material. In addition, when you post a message,
upload a file, or otherwise provide us with material for display on the
Service, you are granting Mustdotravel.com a royalty-free, perpetual,
non-exclusive, unrestricted, worldwide license to:
1. Use, copy, sublicense, adapt, transmit, publicly perform or display
any such communication.
2. Sublicense to third parties the unrestricted right to exercise any
of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary
rights in such communication, including but not limited to rights under
copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Privacy Policy
The following Privacy Policy governs Mustdotravel.com's online information
collection practices. Specifically, it outlines the types of information
that Mustdotravel.com gathers about you while you are using the Mustdotravel.com
website (the "Service"), and the ways in which Mustdotravel.com
uses this information. This Privacy Policy, including our children's privacy
statement, does not apply to any information you may provide to us or
that we may collect offline and/or through other means (for example, at
a live event, via telephone, or through the mail).
Please read this Privacy Policy carefully. By visiting the Mustdotravel.com
website, you agree that your use of our Service, and any dispute over
privacy, is governed by this Privacy Policy and our Terms of Service. Because the Web is an evolving medium,
we may need to change our Privacy Policy at some point in the future,
in which case we'll post the changes to this Privacy Policy on this website
and update the Effective Date of the policy to reflect the date of the
changes. By continuing to use the Mustdotravel.com website after we post
any such changes, you accept the Privacy Policy as modified.
Your California Privacy Rights
California Civil Code Section 1798.83, also known as the "Shine
The Light" law, permits our customers who are California residents
to request and obtain from us once a year, free of charge, information
about the personal information (if any) we disclosed to third parties
for direct marketing purposes in the preceding calendar year. If applicable,
this information would include a list of the categories of personal information
that was shared and the names and addresses of all third parties with
which we shared information in the immediately preceding calendar year.
If you are a California resident and would like to make such a request,
please submit your request in writing to:
Online Privacy Coordinator
MustDoTravel.com
200 East Van Buren St.
Phoenix, AZ 85004
How We Collect and Use Information
We may collect and store personal or other information that you voluntarily
supply to us online while using the Service (e.g., while on the Mustdotravel.com
site or in responding via email to a feature provided on the Mustdotravel.com
site).
We also collect and store information that is generated automatically
as you navigate online through the Service. For example, we may collect
information about your computer's connection to the Internet, which allows
us, among other things, to improve the delivery of our web pages to you
and to measure traffic on the Mustdotravel.com site. We also may use a
standard feature found in browser software called a "cookie"
to enhance your experience on the Mustdotravel.com website. Cookies are
small files that your web browser places on your hard drive for record-keeping
purposes. By showing how and when visitors use the Mustdotravel.com, cookies
help us deliver advertisements, identify how many unique browsers visit
us, and track user trends and patterns. They also prevent you from having
to re-enter your preferences on certain areas of the Mustdotravel.com
site where you may have entered preference information before. Mustdotravel.com
also may use web beacons (also known as "transparent GIFs")
to access cookies and to count users who visit the Mustdotravel.com site
or open Mustdotravel.com's HTML-formatted email messages.
Mustdotravel.com uses the information it collects from you while you
are using the Service in a variety of ways, including to customize features and advertising that appear on the Service, to better serve the viewer.
MustDoTravel.com also reserves the right to use and to disclose to third parties all of the information MustDoTravel.com collects online about you and other visitors in any way. HOWEVER, it is MustDoTravel.com's current policy to not share information about its visitors with third parties, nor will MustDoTravel.com authorize third parties to use its collected information to mail or e-mail promotional offers to you. Any change in this policy will be preceded by a notification to MustDoTravel.com's members/visitors. In addition, MustDoTravel.com will not use the information it collects online from you to send you promotional mail or e-mail, unless you specifically choose (in the Web site's Members Section) to receive these offers. To view or update your preferences to receive MustDoTravel.com's promotional offers, visit www.MustDoTravel.com/members.
Please keep in mind that whenever you voluntarily make your personal
information available for viewing by third parties online - for example
on message boards, web logs, through email, or in chat areas - that information
can be seen, collected and used by others besides Mustdotravel.com. Mustdotravel.com
cannot be responsible for any unauthorized third-party use of such information.
Some of our third-party advertisers and ad servers that place and present
advertising on the Service also may collect information from you via cookies,
web beacons or similar technologies. These third-party advertisers and
ad servers may use the information they collect to help present their
advertisements, to help measure and research the advertisements' effectiveness,
or for other purposes. The use and collection of your information by these
third-party advertisers and ad servers is governed by the relevant third-party's
privacy policy and is not covered by our Privacy Policy. Indeed, the privacy
policies of these third-party advertisers and ad servers may be different
from ours. If you have any concerns about a third party's use of cookies
or use of your information, you should visit that party's website and
review its privacy policy.
Mustdotravel.com also includes links to other websites and provides
access to products and services offered by third parties, whose privacy
policies we do not control. When you access another website or purchase
third-party products or services through the Service, use of any information
you provide is governed by the privacy policy of the operator of the site
you are visiting or the provider of such products or services.
We also make some content, products and services available through our
Service through cooperative relationships with third-party providers,
where the brands of our provider partner appear on the Service in connection
with such content, products and/or services. We may share with our provider
partner any information you provide, or that is collected, in the course
of visiting any pages that are made available in cooperation with our
provider partner. In some cases, the provider partner may collect information
from you directly, in which cases the privacy policy of our provider partner
may apply to the provider partner's use of your information. The privacy
policy of our provider partners may differ from ours. If you have any
questions regarding the privacy policy of one of our provider partners,
you should contact the provider partner directly for more information.
We are an affiliate of the CareerBuilder online careers service. Through
our cooperative relationship with CareerBuilder, we are able to provide
you with access to the CareerBuilder products and services through a co-branded
CareerBuilder site. When you provide information through the co-branded
CareerBuilder site, CareerBuilder may share your information with us and
we may use the information consistent with this Privacy Policy.
Likewise, we are an affiliate of the Topix.net online news service, which
enables us to provide you with access to Topix.net products and services
through a co-branded Topix.net site. When you provide information through
the co-branded Topix.net site, Topix.net may share your information with
us and we may use that information in a manner consistent with this Privacy
Policy.
Be aware that we may occasionally release information about our visitors
when release is appropriate to comply with law, to enforce our Terms
of Service agreement, or to protect
the rights, property or safety of users of our Services, the public, or
Mustdotravel.com.
Please also note that as our business grows, we may buy or sell various
assets. In the unlikely event that we, some or all of our assets, or one
or more of our websites is acquired by another company, information about
our users may be among the transferred assets.
Children's Privacy Statement
This children's privacy statement explains our practices with respect
to the online collection and use of personal information from children
under the age of thirteen, and provides important information regarding
your rights under federal law with respect to such information.
" This Service is not directed to children under the age of thirteen
and we do NOT knowingly collect personally identifiable information from
children under the age of thirteen as part of the Service. We screen users
who wish to provide personal information in order to prevent users under
the age of thirteen from providing such information. If we become aware
that we have inadvertently received personally identifiable information
from a user under the age of thirteen as part of the Service, we will
delete such information from our records. If we change our practices in
the future, we will obtain prior, verifiable parental consent before collecting
any personally identifiable information from children under the age of
thirteen as part of the Service.
" Because we do not collect any personally identifiable information
from children under the age of thirteen as part of the Service, we also
do NOT knowingly distribute such information to third parties.
" We do NOT knowingly allow children under the age of thirteen to
publicly post or otherwise distribute personally identifiable contact
information through the Service.
" Because we do not collect any personally identifiable information
from children under the age of thirteen as part of the Service, we do
NOT condition the participation in the Service's online activities of
a child under thirteen on providing personally identifiable information.
How To Make Changes to Your Information
If you have subscribed to one or more Mustdotravel.com email newsletters,
you may change your subscriber information, modify your subscriptions,
and/or unsubscribe from these newsletters at any time by visiting www.mustdotravel.com/members/newsletters/index.php
Questions Regarding Privacy
If you have any questions about this Privacy Policy, the privacy
practices of Mustdotravel.com, or your dealings with Mustdotravel.com,
you can contact:
Online Privacy Coordinator
MustDoTravel.com
200 East Van Buren St.
Phoenix, AZ 85004
Disclaimers
Through the Service, Mustdotravel.com has provided links and pointers
to Internet sites maintained by third parties. Mustdotravel.com's linking
to such third-party sites does not imply an endorsement or sponsorship
of such sites, or the information, products or services offered on or
through the sites. In addition, neither Mustdotravel.com, its parent or
subsidiary companies nor their affiliates operate or control in any respect
any information, products or services that third parties may provide on
or through the Service or on websites linked to by Mustdotravel.com. The
information, products and services offered on or through the Service and
any third-party sites are provided "as is" and without warranties
of any kind either express or implied. To the fullest extent permissible
pursuant to applicable law, Mustdotravel.com disclaims all warranties,
express or implied, including, but not limited to, implied warranties
of merchantability and fitness for a particular purpose. Mustdotravel.com
does not warrant that the Service or any of its functions will be uninterrupted
or error-free, that defects will be corrected, or that any part of this
Service, including bulletin boards, or the servers that make it available,
are free of viruses or other harmful components.
Mustdotravel.com does not warrant or make any representations regarding
the use or the results of the use of the Service or materials in this
Service or in third-party sites in terms of their correctness, accuracy,
timeliness, reliability or otherwise.
You must provide and are solely responsible for all hardware and/or
software necessary to access the Service. You assume the entire cost of
and responsibility for any damage to, and all necessary maintenance, repair
or correction of, that hardware and/or software.
The Service is provided for informational purposes only, and is not intended
for trading or investing purposes, or for commercial use. Stock and mutual
fund quotes, and related financial news stories may be delayed at least
20 minutes, as may be required by the stock exchanges and/or the financial
information services. The Service should not be used in any high risk
activities where damage or injury to persons, property, environment, finances
or business may result if an error occurs. You expressly assume all risk
for such use.
Online Commerce
Certain sections of the Mustdotravel.com site may allow you to purchase
many different types of products and services online that are provided
by third parties. Mustdotravel.com is not responsible for the quality,
accuracy, timeliness, reliability or any other aspect of these products
and services. If you make a purchase from a merchant on the Mustdotravel.com
or on a site linked to by Mustdotravel.com, the information obtained during
your visit to that merchant's online store or site, and the information
that you give as part of the transaction, such as your credit card number
and contact information, may be collected by both the merchant and Mustdotravel.com.
A merchant may have privacy and data collection practices that are different
from ours. Mustdotravel.com has no responsibility or liability for these
independent policies. In addition, when you purchase products or services
on or through the Mustdotravel.com website, you may be subject to additional
terms and conditions that specifically apply to your purchase or use of
such products or services. For more information regarding a merchant,
its online store, its privacy policies, and/or any additional terms and
conditions that may apply, visit that merchant's website and click on
its information links or contact the merchant directly. You release Mustdotravel.com
and its affiliates from any damages that you incur, and agree not to assert
any claims against them, arising from your purchase or use of any products
or services made available by third parties through Mustdotravel.com.
You agree to be financially responsible for all purchases made by you
or someone acting on your behalf through the Service. You agree to use
the Service and to purchase services or products through the Service for
legitimate, non-commercial purposes only. You also agree not to make any
purchases for speculative, false or fraudulent purposes or for the purpose
of anticipating demand for a particular product or service. You agree
to only purchase goods or services for yourself or for another person
for whom you are legally permitted to do so. When making a purchase for
a third party that requires you to submit the third party's personal information
to Mustdotravel.com or a merchant, you represent that you have obtained
the express consent of such third party to provide such third party's
personal information.
Use of Company Directories
The information contained in any company directories that may be
provided on the Service is provided for business lookup purposes and is
not to be used for marketing or telemarketing applications. This information
may not be copied or redistributed and is provided "AS IS" without
warranty of any kind. In no event will Mustdotravel.com or its suppliers
be liable in any way with regard to such information.
Interactive Features
This Service may include a variety of features, such as bulletin
boards, web logs, chat rooms, and email services, which allow feedback
to Mustdotravel.com and real-time interaction between users, and other
features, such as personalized homes pages and email services, which allow
users to communicate with others. Responsibility for what is posted on
bulletin boards, web logs, chat rooms and other public posting areas on
the Service lies with each user - you alone are responsible for the material
you post. Mustdotravel.com does not control the messages, information
or files that you or others may provide through the Service. It is a condition
of your use of the Service that you do not:
" Restrict or inhibit any other user from using and enjoying the
Service.
" Use the Service to post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar, pornographic, profane
or indecent information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate
any local, state, national or international law.
" Use the Service to post or transmit any information, software
or other material that violates or infringes upon the rights of others,
including material that is an invasion of privacy or publicity rights
or that is protected by copyright, trademark or other proprietary right,
or derivative works with respect thereto, without first obtaining permission
from the owner or rights holder.
" Use the Service to post or transmit any information, software
or other material that contains a virus or other harmful component.
" Use the Service to post, transmit or in any way exploit any information,
software or other material for commercial purposes, or that contains advertising.
" Use the Service to advertise or solicit to anyone to buy or sell
products or services, or to make donations of any kind, without the express
written approval of Mustdotravel.com.
" Gather for marketing purposes any email addresses or other personal
information that has been posted by other users of the Service.
You understand that Mustdotravel.com has no obligation to monitor any
bulletin boards, chat rooms, web logs, or other areas of the Service through
which users can supply information or material. However, Mustdotravel.com
reserves the right at all times to disclose any information as necessary
to satisfy any law, regulation or governmental request, or to refuse to
post or to remove any information or materials, in whole or in part, that
in Mustdotravel.com's sole discretion are objectionable or in violation
of these Terms of Service.
Registration
To access certain features of the Service, Mustdotravel.com may ask
you to provide certain demographic information including your gender,
year of birth, zip code and country. In addition, if you elect to sign-up
for a particular feature of the Service, such as chat rooms, web logs,
or bulletin boards, you may also be asked to register with Mustdotravel.com
on the form provided and such registration may require you to provide
personally identifiable information such as your name and email address.
You agree to provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form. If Mustdotravel.com
has reasonable grounds to suspect that such information is untrue, inaccurate,
or incomplete, we have the right to suspend or terminate your account
and refuse any and all current or future use of the Service (or any portion
thereof). Our use of any personally identifiable information you provide
to us as part of the registration process is governed by the terms of
our Privacy Policy.
Passwords
To use certain features of the Service, you will need a username
and password, which you will receive through the Service's registration
process. You are responsible for maintaining the confidentiality of the
password and account, and are responsible for all activities (whether
by you or by others) that occur under your password or account. You agree
to notify us immediately of any unauthorized use of your password or account
or any other breach of security, and to ensure that you exit from your
account at the end of each session. Mustdotravel.com cannot and will not
be liable for any loss or damage arising from your failure to protect
your password or account information.
Classified Advertising
When you submit a classified ad for publication on Mustdotravel.com,
you agree that the advertisement as it appears on Mustdotravel.com becomes
the property of Mustdotravel.com and you assign all ownership interest
in the advertisement as it appears on the Service under copyright law
or otherwise to Mustdotravel.com. Submission of an advertisement does
not constitute a commitment to publish the advertisement, and publication
of an advertisement does not constitute an agreement for continued publication.
We will accept only standard abbreviations and required proper punctuation.
Mustdotravel.com reserves the right to edit, reclassify, revise, reject
or cancel any advertisement at any time, in its sole discretion. Rates
and specifications are subject to change.
Real Estate Advertisements; Equal Housing Opportunity
All real estate advertised herein is subject to the Federal Fair
Housing Act, which makes it illegal to advertise "any preference,
limitation, or discrimination because of race, color, religion, sex, handicap,
familial status, or national origin, or intention to make any such preference,
limitation, or discrimination." State law may also forbid discrimination
based on these factors and others. We will not knowingly accept any advertising
for real estate which is in violation of the law. All persons are hereby
informed that all dwellings advertised are available on an equal opportunity
basis. To complain of discrimination call the U.S. Department of Housing
and Urban Development at 800-669-9777.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence,
shall Mustdotravel.com, its subsidiary and parent companies or affiliates
be liable for any direct, indirect, incidental, special or consequential
damages that result from the use of, or the inability to use, Mustdotravel.com
materials, products, or services, or third-party materials, products,
or services made available through the Service, or any part of the Service,
even if Mustdotravel.com is advised beforehand of the possibility of such
damages. (Because some states do not allow the exclusion or limitation
of certain categories of damages, the above limitation may not apply to
you. In such states, the liability of Mustdotravel.com, its subsidiary
and parent companies or affiliates is limited to the fullest extent permitted
by such state law.) You specifically acknowledge and agree that Mustdotravel.com
is not liable for any defamatory, offensive or illegal conduct of any
user. If you are dissatisfied with any Mustdotravel.com materials, products,
or services, or with any of Mustdotravel.com's terms and conditions, your
sole and exclusive remedy is to discontinue using the Service.
Termination
Mustdotravel.com may cancel or terminate your right to use the Service
or any part of the Service at any time without notice. In the event of
termination, you are no longer authorized to access the part of the Service
affected by such cancellation or termination. The restrictions imposed
on you with respect to material downloaded from the Service, and the disclaimers
and limitations of liabilities set forth in these Terms of Service, shall
survive.
Other
This agreement constitutes the entire agreement between Mustdotravel.com
and you with respect to the subject matter contained in this agreement
and supersedes all previous and contemporaneous agreements, proposals
and communications, written oral. You also may be subject to additional
terms and conditions that may apply when you use the products or services
of a third party that are provided through the Service. In the event of
any conflict between any such third-party terms and conditions and these
Terms of Service, these Terms of Service shall govern. This agreement
shall be governed by and construed in accordance with the laws of the
State of New York without giving effect to any principles or conflicts
of law. If any provision of this agreement shall be unlawful, void or
for any reason unenforceable, then that provision shall be deemed severable
from this agreement and shall not affect the validity and enforceability
of any remaining provisions.