Welcome to the website of San Times, an online publication dedicated to showcasing Hawaii’s diverse culture, our news publishing company illuminates vibrant narratives, weaving tales of tradition, history, and contemporary life, fostering a deeper understanding and appreciation of the islands’ rich heritage. San Times hosts information and materials about San Times and its major projects on its website, including, but not limited to, the website located at san-times.com. Please read carefully these Terms of Service (the “Terms”) and our Privacy Policy (san-times.com/privacy) (“Privacy Policy”) because they govern your use of our Site and the informational and educational services related to our mission and accessible via our Sites. To make these Terms easier to read, the Site and our services are collectively called the “Services.

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. USERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND SAN TIMES THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity. 
2. Privacy Policy. Please refer to our Privacy Policy, which also governs your use of the Services, for information on how we collect, use, and share your information. 
3. Changes to Terms or Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Sites and/or we may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. 
4. Who May Use the Services? Eligibility. San Times encourages guests of all ages to visit and browse the Site. If you are under 18 years of age, you may only use the Site if your parent or legal guardian reviews these Terms and accepts them on your behalf. Parents and guardians are responsible for the acts of their children. Some features of the Site and Services are provided to all users, but for other aspects, such as the ability to sign up for updates (as defined below), you must be at least 13 years of age (or older as required by applicable laws).
5. Feedback. We welcome feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). For clarity, Feedback includes any suggestions associated with the monitoring of certain User Content that you submit to us and any of your tags to flag certain User Content that you believe violates these Terms. You can submit Feedback, as applicable, by emailing us at info@san-times.com. If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you. 
6. Donations. As a non-profit institution, San Times must rely on the generosity of its friends and supporters to meet the cost of providing programs and services to hundreds of thousands of local, national, and international visitors. If you would like to support the work of San Times, you can explore opportunities san0times.com. We appreciate the contributions of all our friends, supporters, and volunteers.  
7. Content Ownership, Responsibility, and Removal.
   1. Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio, and video. Anything (other than Feedback) that you post or otherwise make available through the Services, including anything you submit by email to San times for publication on the Site and through the Services, is referred to as “User Content.” San Times does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content. 
   2. Permissions to Your User Content. By making any User Content available through the Services you hereby grant to San Times a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, (i) to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services; and (ii) to the extent you recognizably appear in the User Content, to use your name, likeness, and biographical material, solely as necessary or appropriate to exercise the foregoing license rights granted. 
   3. Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by San Times on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 
   4. Removal of User Content. You can remove your User Content that you submit online by specifically deleting it. However, in certain instances, some of your User Content (such as articles that you submit by email) cannot be removed by you and some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. Please contact us at info@san-times.com if you have questions or requests related to the removal of your User Content. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. 
   5. Copyright and Proprietary Rights in JANM Content.  All text, files, documents, graphics, images, music, software, audio files, video files, or other information contained in these files, and other content made available by San Times through the Site and Services, which may include, without limitation, automatic translations of text on the Sites and sponsored content (collectively, the “San Times Content”), including the intellectual property rights in such San Times Content, are property of San Times, its affiliates, its licensors or the designated owners, and are protectable by applicable intellectual property laws. Copyright and other proprietary rights in and to the San Times Content may be held by individuals or entities other than, or in addition to, San Times. 
   6. Permissions to San Times Content. Subject to your compliance with these Terms, San Times grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display, and print the San Times Content, but solely for your personal and non-commercial purposes in connection with your permitted use of the Services or for “fair use” as defined under United States copyright law, provided that you also retain all copyright and other proprietary notices contained in or on the San Times Content and cite the author and source of the San Times Content. If you are a teacher or an educator, you may download, view, copy, display, print, perform, distribute, and use the San Times Content solely for classroom or workshop instruction in a school, museum, or other non-profit educational organization, but you may not modify, adapt, prepare derivative works based upon, publish, sell, license, transfer, or distribute on a for-profit or commercial basis any of the San Times Content without San Times’ prior written authorization. The authorization in the prior sentence does not apply to corporations that package, prepare, or sell educational materials. 
   7. Restrictions on San Times Content. Subject to Section 8(f), you may not use, copy, download, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Site, Services, or the San Times Content for any commercial purpose without San Times’ prior written authorization. To request such authorization, please contact Sa Times at info@san-times.com. We retain all rights, including copyright, we may hold in and to the San Times Content, and no licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by San Times or its licensors, except for the licenses and rights expressly granted in these Terms. The San Times Content, even if owned by San Times, may be protected by copyright, trademark, or publicity rights or other interests that are not owned by San Times. SAN TIMES MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO YOUR RIGHT TO REPRODUCE OR OTHERWISE USE ANY SAN TIMES CONTENT. It is your sole responsibility to (i) determine if it is necessary or prudent to obtain any third-party rights or permissions for your use and/or if the fair use doctrine or other legal defense is applicable to your use of any San Times Content, and (ii) identify and obtain whatever copyright or other permissions may be required (if any) from an artist, agent, estate, or any other third-party rights holder or representative. 
8. General Prohibitions and San Times’ Enforcement Rights. You agree not to do any of the following:
1. Post, upload, publish, submit, or transmit any User Content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances; 
2. Use, display, mirror, or frame the Services or any individual element within the Services, San Times’ name, any San Times trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without San Times’ express written consent; 
3. Access, tamper with, or use non-public areas of the Services, San Times’ computer systems, or the technical delivery systems of San Times’ providers; 
4. Attempt to probe, scan, or test the vulnerability of any San Times system or network or breach any security or authentication measures; 
5. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by San Times or any of San Times’ providers or any other third party (including another user) to protect the Services or the San Times Content; 
6. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by San Times or other generally available third-party web browsers; 
7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation; 
8. Use any meta tags or other hidden text or metadata utilizing a San Times trademark, logo URL, or product name without San Times’ express written consent; 
9. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; 
10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; 
11. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; 
12. Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; 
13. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; 
14. Impersonate or misrepresent your affiliation with any person or entity; 
15. Violate any applicable law or regulation; or 
16. Encourage or enable any other individual to do any of the foregoing. – San Times is not obligated to monitor access to or use of the Services or to review or edit any content, including User Content and the San Times Content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content and the San Times Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services, and to suspend or terminate your access to and use of the Services, if we, in our sole discretion, determine that you have violated these Terms, including the general prohibitions set forth in this Section 9. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. 
9. DMCA/Copyright Policy. San Times respects copyright law and expects its users to do the same. It is San Times’ policy to terminate in appropriate circumstances users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. 
10. Links to Third Party Websites or Resources. The Services may allow you to access third-party websites or other resources, including, without limitation, websites linked to sponsored content and advertisements on our Sites. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources. 
11. Termination. We may suspend or terminate your access to and use of the Services at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation, or cancellation of the Services, the following Sections will survive: 8(b) (Permissions to Your User Content), 8(c) (Your Responsibility for User Content), 8(f) (Restrictions on San Times Content), 9 (General Prohibitions and San Times’ Enforcement Rights), 12 (Termination), 13 (Warranty Disclaimers), 14 (Indemnity), 15 (Limitation of Liability), 16 (Governing Law and Forum Choice), 17 (Dispute Resolution), and 18 (General Terms). 
12. Warranty Disclaimers. THE SERVICES 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 Services 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 information or content on the Services. 
13. Indemnity. You will indemnify and hold San Times and its officers, directors, employees, and agents, harmless 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 (a) your access to or use of the Services, (b) your User Content, (c) your use of the San Times Content, or (d) your violation of these Terms. 
14. Limitation of Liability.
    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SAN TIMES NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SAN TIMES OR ITS SERVICE PROVIDERS HAVE 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. 
    2. TO THE MAXIMUM EXTENT PERMITTED BY LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL SAN TIMES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO SAN TIMES FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SAN TIMES, AS APPLICABLE. 
    3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SAN TIMES AND YOU. 
15. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and San Times are not required to arbitrate will be the state and federal courts located in the County of Orange, California, and you and San Times each waive any objection to jurisdiction and venue in such courts. 
16. Dispute Resolution.
    1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services or content, including User Content or San Times Content (collectively, “Disputes”), will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. You and San Times agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and San Times are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. 
    2. Exceptions and Opt-out. As limited exceptions to Section 17(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. 
    3. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

       Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement. 

    4. Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. 
    5. Injunctive and Declaratory Relief. Except as provided in Section 17(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration. 
    6. Class Action Waiver. YOU AND SAN TIMES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void. 
    7. Severability. With the exception of any of the provisions in Section 17(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply. 
17. General Terms.
1. Reservation of Rights. San Times and its licensors exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are 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 Services. 
2. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between San Times and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between San Times and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, 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 San Times’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. San Times 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. 
3. Notices. Any notices or other communications provided by San Times under these Terms will be given via email by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. 
4. Waiver of Rights. San Times’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of San Times. 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. 

Contact Information. If you have any questions about these Terms or the Services, please contact San Times at info@san-times or PO Box 27187, Santa Ana, CA 92799.