Terms of Service
CBLC Records Request Platform Terms of Service
Last Updated: September 8, 2016
Welcome to the CBLC Records Request Platform. Please read these Terms of Service (the “Terms”) carefully, because they are a contract between you and Civil Beat Law Center for the Public Interest, Inc. (“CBLC”, “our”, or “we”) governing the use of the CBLC Records Request Platform, located at uipa.org (the "Service"). The CBLC Records Request Platform is a platform for the drafting, submission and tracking of records requests under Hawaii’s Uniform Information Practices Act (the “Purpose”).
Agreement to Terms
By using our Service, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Service.
Changes to Terms or Service
You may use the Service only if you are 13 years or older and are not barred from using the Service under applicable law. If you are under 18, you must obtain permission from a parent or legal guardian before using our Service. Children under the age of 13 are strictly prohibited from using the Service. By using the Service, you represent and warrant to CBLC that you have all requisite power and authority to enter into and comply with these Terms.
REGISTRATION & INFORMATION
If you want to use certain elements of the Service, you’ll have to create an account (“Account”) using your email address, name and other contact information.
It’s important that you provide us with accurate, complete and up-to-date information for your Account, and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and that you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Content & Content Rights
For purposes of these Terms: (i) “Content” means any content, information or other materials that are posted, generated, provided or otherwise made available through the Service; and (ii) “Submission” means any Content that Account holders (including you) provide to be made available through the Service, which you agree will consist only of information necessary to accomplish the Purpose (e.g., records requests and directly associated ancillary material such as correspondence between you and the relevant government agency and the government agency’s responses to your records requests). Content includes without limitation Submissions provided by other Account holders.
Ownership, Responsibility & Removal
CBLC does not claim any ownership rights in any Submissions that you make available through the Service, and nothing in these Terms will be deemed to restrict any rights that you may have in your Submissions. Subject to the foregoing, CBLC and its licensors (including other Users) exclusively own all right, title and interest in and to the Service and Content, including all associated intellectual property rights, and reserve all rights not expressly granted herein. You acknowledge that the Service is, and Content may be, protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.
RIGHTS IN USER CONTENT GRANTED BY YOU
Public License Grant. By uploading any Submission to, or storing any Content in, the Service as hosted by CBLC, you automatically hereby grant CBLC a perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully paid right and license to use, display, reformat, translate, excerpt (in whole or in part), publish, transmit and distribute such Submission in order to accomplish the Purpose and otherwise as permitted under these Terms. Once you have uploaded a Submission to, or stored a Submission in, the Service, you will not be able to delete that a Submission from the Service.
You are solely responsible for all of your Submissions, which will comply with all of the conditions of these Terms.
RIGHTS IN CONTENT GRANTED BY CBLC
Subject to your compliance with these Terms, CBLC grants you a personal, limited, non-exclusive, non-transferable and revocable license to access and use the Service to draft, submit and track the response to, your Submissions, solely in connection with the Purpose.
Your access to and use of the Service is at your own risk. CBLC is not responsible for controlling or monitoring any Submissions. CBLC does not control user interactions, communications, exchanges, meetings or other user conduct ("User Conduct"). If CBLC chooses, at any time in its sole discretion, to monitor (in whole or in part) Submissions or User Conduct, CBLC nonetheless assumes no responsibility for Submissions or User Conduct, no obligation to modify or remove any element of the Service and no responsibility for User Conduct during use of, or as a result of access to or use of Service.
You agree not to do any of the following:
- Utilize the Service except for the Purpose;
- Post, upload, publish, submit or transmit any Submission that: (i) infringes, misappropriates or violates any third party’s rights; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is violent or threatening or promotes violence or actions that are threatening to any group, person or entity; (iv) contains personal or contact information about any other person without their prior authorization; or (v) violates any content policies CBLC has posted for the Service.
- Access, tamper with, or attempt to access or tamper with any non-public areas of the Service, bypass any security measures protecting any elements of the Service, or subject the Service to excessive use or interfere with the ability of any party to access the Service (i.e., by automated access); and
- Impersonate or misrepresent your identity, or your affiliation with any person or entity, or utilize the Service on behalf of any other person or entity without prior authorization from both that person or entity and CBLC.
Although we’re not obligated to monitor access to or use of the Service, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any element of the Service, at any time and without notice. We have the right to investigate violations of these Terms or conduct that affects the Service. You agree to cooperate fully with CBLC in any such investigation. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Links to Third Party Websites or Resources
The Service and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or service on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
THE SERVICE AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless CBLC and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Service in violation of any applicable law, regulation or any third party agreement or policies; (ii) your Submissions; or (iii) your violation of these Terms.
Limitation of Liability
NEITHER CBLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY, AND WHETHER OR NOT CBLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL CBLC’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO CBLC FOR USE OF THE SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO CBLC, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CBLC AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of Hawaii without regard to its conflict of laws provisions. Any action or proceeding arising from or relating to this Agreement must be brought in a federal court in the District of Hawaii, or in a state court in the City and County of Honolulu, Hawaii, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding.
Term and Termination
These Terms will remain in effect until terminated.
You may terminate your Account through the Account management interface in the Service.
CBLC may immediately terminate these Terms, or cancel in whole or in part, Content or Service, for any reason at any time. CBLC is not required to provide you notice prior to terminating your access to or use of the Content or Service. Upon termination of these Terms, your right to access or use the Service will automatically terminate. In the event of termination, your Account will be disabled and you may not be granted access to your Account or any files or other content contained in your Account. You should always retain a copy of any content you have generated through the Service and/or stored in your Account.
All provisions of these Terms which by their nature should reasonably survive termination hereof shall survive.
These Terms constitute the entire and exclusive understanding and agreement between CBLC and you regarding the Service and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between CBLC and you regarding the Service and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without CBLC’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. CBLC may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
CBLC shall have no liability for any failure or delay in the performance of its obligations caused by events beyond its reasonable control.
Any notices or other communications provided by CBLC under these Terms, including those regarding modifications to these Terms, will be given by CBLC: (i) via email; or (ii) by a notice posted within the Service. The date of receipt will be deemed the date on which such notice is transmitted.
CBLC’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CBLC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Service please contact CBLC at:
Civil Beat Law Center for the Public Interest, Inc.
700 Bishop Street, Suite 1701
Honolulu, HI 96813
CBLC COPYRIGHT POLICY
DMCA Notice of Alleged Infringement (“Notice”)
CBLC respects copyright law and expects its users to do the same. It is CBLC’s policy to terminate in appropriate circumstances Account holders or subscribers who repeatedly infringe the rights of copyright holders. In accordance with the Digital Millennium Copyright Act of 1998, CBLC will respond expeditiously to claims of copyright infringement committed using the Service that are reported to CBLC’s designated Copyright Agent, identified below. If you are a copyright owner, or authorized to act on behalf of one, please report alleged copyright infringement by contacting our Copyright Agent and including the following:
- Identify the copyrighted work that you claim has been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on or through the Service(s) where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to CBLC’s Designated Copyright Agent:
Civil Beat Law Center for the Public Interest, Inc.
700 Bishop Street, Suite 1701
Honolulu, HI 96813