Saturday, April 20, 2024

Terms of Use

These Terms of Use were updated January 15, 2020. Download a printer-friendly version here.

Welcome to the Shelter Island Gazette (https://shelterislandgazette.com), Shelter Island Gazette Business Directory (https://business-directory.shelterislandgazette.com), and Shelter Island Gazette Events Calendar (https://calendar.shelterislandgazette.com), collectively, this “Website”. This Website is provided to assist users in figuring out where to go and what to do on New York’s Shelter Island, including features about the Island’s people, places and history.

Read these Terms of Use. By accessing or using this site in any manner, you agree to be bound by the terms set forth below.

Note: Headings, section markers and other formatting devices used here are for convenience of reference only, are not part of this agreement and shall not affect the construction of, or be taken into consideration in interpreting, this agreement.

Agreement

The terms “we”, “us”, “our” and “Harelegger Media” refer to Harelegger Media LLC, a New York corporation and/or our subsidiaries. The term “you” refers to the customer visiting the Website and/or contributing content on this Website.

The Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”).

By accessing or using this Website in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use this Website.

We may change or otherwise modify the Agreement in the future, and you understand and agree that your continued access or use of the Website after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the top of this page, and any revisions will take effect upon posting.

We will notify our registered users of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Website. Be sure to return to this page periodically to review the most current version of the Agreement.


The Website

As a condition of your use of this Website, you warrant that:

  • all information supplied by you on this Website is true, accurate, current and complete, and
  • if you have an account or accounts on this Website, you will safeguard your account information. You will supervise and be completely responsible for any use of your account by anyone other than you, and
  • you are 13 years of age or older in order to register for an account and contribute to the Website. Harelegger Media does not knowingly collect the information of anyone under the age of 13.

We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Website, and our services, including any Harelegger Media products or services that facilitate the sharing of content from third party sites, you understand that you are solely responsible for any information that you share with us.

Prohibited Activities

You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

  • use this Website or its content for any commercial purpose
  • access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • deep-link to any portion of this Website for any purpose without our express written permission;
  • “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization; or
  • attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Harelegger Media in connection with the Website or the services.

Privacy Policy and disclosures

Harelegger Media believes in protecting your privacy. Please review our current Privacy Policy, which also governs your use of the Shelter Island Gazette and Gazette Events Calendar to understand our practices. In certain circumstances we may disclose information about you to third parties if we determine, in our sole discretion, such disclosure is necessary (a) to protect our systems, assets, employees, members and customers; (b) to ensure the integrity and operation of our business and systems; or (c) to comply with legitimate and enforceable governmental requests, subpoenas or court orders. We may choose to comply with or disregard such requests or orders in our sole discretion. Harelegger Media’s right to disclose information, including but not limited to user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content, shall take precedence over any terms of our Privacy Policy.

Comments, content contributions, reviews and other submissions

Please be aware that by submitting content to the Website by email, via any synchronization product, postings on this Website or otherwise, including any content that is transmitted to your account by virtue of any comments, contributions, reviews, questions, photographs or videos, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Harelegger Media and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission.

You acknowledge that Harelegger Media may choose to provide attribution of your comments or reviews at our discretion. You further grant Harelegger Media the right to pursue at law any person or entity that violates your’s or Harelegger Media’s rights in the Submissions by a breach of this Agreement. You authorize Harelegger Media to make copies of Submissions as it deems necessary in order to facilitate your use of the Website and other available products. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

The Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post content, messages, materials or other items on this Website (“Interactive Areas”). If Harelegger Media provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:

  • Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Harelegger Media;
  • Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
  • Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • Viruses, corrupted data or other harmful, disruptive or destructive files;
  • Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
  • Content or links to content that, in the sole judgment of Harelegger Media, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose Harelegger Media or its affiliates or its users to any harm or liability of any type.

Harelegger Media takes no responsibility and assumes no liability for any Content posted, stored, transmitted or uploaded by you or any third party, or for any loss or damage thereto, nor is Harelegger Media liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.

As a provider of interactive services, Harelegger Media is not liable for any statements, representations or Content provided by its users in any public forum, user profile, or other Interactive Area. Although Harelegger Media has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Harelegger Media reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you provide to us or store on this Website at your sole cost and expense.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Harelegger Media or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Harelegger Media, and its licensees, successors and assigns, from any claims that you could otherwise assert against Harelegger Medai by virtue of any such moral rights. Any use of the Interactive Areas or other portions of the Shelter Island Gazette or Gazette Events Calendar in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.


Third-Party Suppliers

While our Website includes information about events that may require reservations or the purchase of tickets, Harelegger Media is not a reservation or ticketing agency. Although the Website displays information about businesses and services owned by third-party suppliers and by doing so facilitates the making of reservations or purchasing of ticket for events run by those suppliers, such actions do not in any way imply, suggest, or constitute Harelegger Media’s sponsorship or approval of third-party suppliers, or any affiliation between Harelegger Media and third-party suppliers. 

The Website may include information about products and services of by third-party suppliers. Although Website users may post comments or reviews based on their own experiences, Harelegger Media does not endorse or recommend the products or services of any third-party suppliers. You agree that Harelegger Media is not responsible for the accuracy or completeness of information it obtains from third-party suppliers and displays on its sites. If you make a reservation or purchase a ticket or a product or engage in services from a third-party supplier, you agree to review and be bound by the supplier’s terms and conditions of purchase and site use (the “Terms of Use”), Privacy Policy, and any other rules or policies related to the supplier’s site or property. Your interactions with third-party suppliers are at your own risk.

Harelegger Media will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any third-party suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with third-party suppliers.


Liability Limitations

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS HARELEGGER MEDIA’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING AVAILABILITY OF PROGRAMS, PRODUCTS AND SERVICES, OR ERRORS IN HOURS OF OPERATION, LOCATION OR PRICING. HARELEGGER MEDIA DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF EVENTS, PROGRAMS, ACTIVITIES OR PRODUCTS OR SERVICES DISPLAYED ON THIS WEBSITE HARELEGGER MEDIA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY HARELEGGER MEDIA. ALL SUCH INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. HARELEGGER MEDIA DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM HARELEGGER MEDIA, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HARELEGGER MEDIA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE THIRD-PARTY SUPPLIERS OFFERING SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF HARELEGGER MEDIA. HARELEGGER MEDIA IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. HARELEGGER MEDIA HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY CHANGE IN A THIRD-PARTY EVENT. HARELEGGER MEDIA HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL HARELEGGER MEDIA (OR ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF HARELEGGER MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Indemnification

You agree to defend and indemnify Harelegger Media and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • your breach of this Agreement or the documents referenced herein;
  • your violation of any law or the rights of a third party; or
  • your use of this Website or our services.

Links to third-party sites

The Website may contain hyperlinks to websites operated by parties other than Harelegger Media. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. 


Copyright and trademark notices

All contents of Website are: ©2018 to 2020 Harelegger Media LLC. All rights reserved. Harelegger is not responsible for content on websites operated by parties other than Harelegger Media.

The names/phrases:

  • Harelegger Media
  • Shelter Island Gazette
  • Shelter Island Gazette Business Directory
  • Shelter Island Gazette Events Calendar
  • Shelter Island Gazette Visitors Guide
  • the website logo in all its variations
  • the tagline “life between the ferries” in all its variations, and
  • all other product or service names or slogans displayed on this Website

are registered and/or common law trademarks of Harelegger Media LLC and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Harelegger Media or the applicable trademark holder. 

In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Harelegger Media and may not be copied, imitated or used, in whole or in part, without the prior written permission of Harelegger Media.

All other trademarks, registered trademarks, product names and company names or logos mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Harelegger Media.

If you are aware of an infringement of either your brand or our brand, please let us know by following the Copyright Complaint Policy and by e-mailing us at copyright@shelterislandgazette.com.

We only address messages concerning brand infringement at this email address.


Jurisdiction and governing law

The Website is operated by a U.S. entity and this Agreement is governed by the laws of New York State, USA. You hereby consent to the exclusive jurisdiction and venue of courts in New York, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against Harelegger Media LLC arising from or relating to this Website must be heard and resolved in a court of competent subject matter jurisdiction located in New York State. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.


General provisions

You agree that no joint venture, agency, partnership, or employment relationship exists between you and Harelegger Media LLC and/or affiliates as a result of this Agreement or use of this Website. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.

To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Harelegger Media with respect to our websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Harelegger Media with respect to our websites.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.


Service help

For assitance, can use contact forms on the Website, or you can write to us at: Harelegger Media LLC, PO Box 1024, Shelter Island Heights, NY 11965


Third-party Terms of Use

Terms of Use policies can be found following links for some, but not all, of the services that we rely on to deliver the Website to our audience.

  • The Website is hosted by BlueHost. Read BlueHost terms of use at BlueHost
  • We use WordPress.org to manage our site content. Follow this link to read the WordPress.org Bill of Rights
  • The use of Yoast enables us to monitor our Search Engine Optimization and improve our site performance. Read more about Yoast terms of service.