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 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
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.
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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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.