License Agreement, Updated October 13, 2011.
The Moenahā Culture-Based Database is a web-based instructional database (“Hōkeo Moenahā”) developed by the University of Hawai‘i at Hilo’s Kahuawiola Indigenous Teacher Education Program Ka Haka ‘Ula o Ke‘elikōlani College of Hawaiian Language (“UH Hilo”) and Kamehameha Schools (“KS”) for use by Moenahā conference attendees, school site Program participants and other Moenahā-related participants as designated by UH Hilo and KS (“Moenahā community”). UH Hilo and KS invite members of the Moenahā community to access and contribute to the Hōkeo Moenahā. UH Hilo and KS want to encourage an open exchange of information and ideas, but cannot review all information published in Hōkeo Moenahā. While UH Hilo and KS reserve the right to delete or edit any materials, you may well review any given materials before anyone on the UH Hilo or KS staff has a chance to do so. Please understand that these materials will provide information and opinions from a variety of individuals and organizations other than UH Hilo and KS. UH Hilo and KS do not endorse or guarantee the accuracy of any materials, regardless of the author of the materials.
Responsibility for what is published in Hōkeo Moenahā lies with each user. You alone are responsible for materials you publish. By using Hōkeo Moenahā, you agree not to publish or transmit any defamatory, abusive, obscene, threatening, knowingly-inaccurate or illegal material, any encrypted material, or any other material that infringes on the ability of others to enjoy and benefit from the materials or that infringes on the rights of others. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement.
Although UH Hilo and KS cannot monitor all the materials published on Hōkeo Moenahā, we reserve the right (but assume no obligation) to delete, move, or edit any materials that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will not, in the ordinary course of business, review private electronic messages that are not addressed to UH Hilo and KS. However, we will comply with the requirements of the law regarding disclosure of such messages to others, including law enforcement agencies.
You agree that you will not use Hōkeo Moenahā to violate anyone's copyright, trademark, or other intellectual property rights. By submitting material to UH Hilo and KS or Hōkeo Moenahā, you represent that you are the owner of the material, or are making your submission with the express consent of the owner. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this agreement, but may also subject you to legal liability for infringement of copyright, trademark, or other intellectual property rights.
You agree not to use Hōkeo Moenahā to advertise or to solicit anyone to buy or sell products or services, or for any other commercial use, or to make donations of any kind, without our express written approval.
You agree that all material you publish in Hōkeo Moenahā becomes licensed to UH Hilo and KS as set out in this paragraph, and may be displayed, reproduced, modified, and distributed as we see fit in any medium and for any purpose. By publishing materials for Hōkeo Moenahā, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to Hōkeo Moenahā, you hereby grant to UH Hilo and KS a perpetual, irrevocable, worldwide, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in any media now known or hereafter developed. You hereby waive all rights to any claim against UH Hilo and KS for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You also agree to indemnify and hold UH Hilo and KS harmless against any claims or costs, including attorneys’ fees, arising from the use or distribution of those materials. You further grant UH Hilo and KS the right to use your name in connection with the reproduction or distribution of such material.
You represent, warrant and covenant that; (a) you shall not upload, post or transmit to or distribute or otherwise publish through Hōkeo Moenahā any materials which (i) restrict or inhibit any other user from using and enjoying Hōkeo Moenahā, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.
You acknowledge materials published in Hōkeo Moenahā are not confidential and your materials may be read or intercepted by others. You acknowledge that by publishing materials in Hōkeo Moenahā, no confidential, fiduciary, contractually implied or other relationship is created between you and UH Hilo and KS other than pursuant to this Agreement.
This agreement shall be governed by and construed in accordance with the laws of the State of Hawaiʻi, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be an appropriate state or federal court located in the State of Hawaiʻi.
Although Hōkeo Moenahā is freely accessible, UH Hilo and KS do not intend to give up any rights, or anyone else's rights, to the materials appearing on Hōkeo Moenahā. The materials available through Hōkeo Moenahā are the property of UH Hilo and KS, or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to download, display, duplicate, print and use for your personal, non-commercial use information you receive through Hōkeo Moenahā, but you may not otherwise use any of the materials without the prior written consent of UH Hilo and KS. All such use must be accompanied by an attribution to the owner of the materials as follows: “Courtesy of _____________ Copyright 20__”. You may not distribute copies of materials found on Hōkeo Moenahā in any form (including by e- mail or other electronic means), without prior written permission from UH Hilo and KS. Of course, you're free to encourage others to access the information themselves on the Hōkeo Moenahā and to tell them how to find it. Requests for permission to reproduce or distribute materials found on Hōkeo Moenahā should be sent via email to: firstname.lastname@example.org or via U.S. mail to: Kahuawaiola Indigenous Teacher Education Program, 200 W. Kāwili Street, Hilo, HI 96720.
We respect the rights of all copyright holders and in this regard, UH Hilo and KS have adopted and implemented a policy that provides for the termination in appropriate circumstances of Moenahā community members and/or account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide UH Hilo’s and KS’s Copyright Agents the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital: Millennium Copyright Act, 17 U.S.C. Section 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such work;
- Identification of the material that is claimed to be 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;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
UH Hilo and KS Copyright Agents for notice of claims of copyright infringement on or regarding Hōkeo Moenahā, or for other claims involving alleged intellectual property infringement, can be reached as follows:
UH Hilo Copyright Agent
University of Hawaiʻi at Hilo
Attn: Keiki Kawaʻaeʻa, Director
Kahuawaiola Indigenous Teacher Education Program
200 W. Kāwili Street
Hilo, HI 96720
KS Copyright Agent
Attn: Walter Kahumoku III, Director
567 S. King Street, Suite 301
Honolulu, HI 96813
For system or account questions, please contact email@example.com. For any other questions or requests, please contact firstname.lastname@example.org.