Updated November 1, 2009
Welcome to the Terms of Service page for The New Islander website (a New Islander Media Inc. project), found at www.NewIslander.com/details/terms
The following terms apply to The New Islander website, www.NewIslander.com, including but not limited to other sections of The New Islander website (Topside, Tones, Ports of Call, Boardwalk, The Compass, Cocktails, In Season, Archive, etc.). Upon reaching The New Islander website, you agree to the following terms and rules stated below.
Upon submission, New Islander Media Inc. ("The New Islander", "Service Provider", "the publication", "we", "our", "us") reserves the right to edit your material for reasons related to space, clarity, grammar, tone, appearance, language, and/or etiquette. In submitting such material, you ("author", "the submitter") agree that any work of writing included in the submission is entirely your own, unless otherwise noted/cited via the submission form. By signing your electronic signature, you agree to grant the publication exclusive first publication rights as well as nonexclusive copyright privileges to use, copy, transmit or otherwise distribute and display your submitted material in the English language via any medium and/or project — including promotional and/or advertising endeavors — currently or soon to be owned, developed, and/or authorized by us thereafter. You acknowledge and agree that any material submitted via the Service ("submission form") to The New Islander will become non-confidential and affiliated with New Islander Media Inc in this way. We shall own exclusive first publication rights, excluding intellectual property rights (under United States copyright law, you will retain the copyright in the original work of your submission, subject to the rights you have granted to us), and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Thus as the submitter, you agree to acknowledge the responsibility and terms involved with all submissions via the submission form found at www.NewIslander.com/Submit, primarily the exchange of particular copyright privleges from author to Service Provider. Considering the nature of our publication, you also acknowledge and agree that any legal conflicts and/or concerns that arise due to the material you submit, upon the publishing of your submitted material by The New Islander, will be held entirely liable by you. If work submitted to and first published by The New Islander undergoes republishing by another medium not operated, owned, developed by and/or affiliated with The New Islander, the author agrees to include the following credit line in that republication of the work: © (month/day/year of first publication by The New Islander) (your name), first published in The New Islander (online/print, issue/section).
1. Usage and Content: Visiting and viewing The New Islander website with intentions other than reading, commenting on, submitting to, and browsing the publication's content is prohibited. In addition, you are restricted from imitating and/or impersonating any individual other than yourself when interacting with any page featured on The New Islander website. You are prohibited from posting graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers on The New Islander website. You may not use any obscene, indecent, or offensive language; this includes posting material that is defamatory, abusive, racist, hateful, or violent. You agree that any and every material you post on the The New Islander website, including without limitation to the submission forms offered by "Boardwalk" or elsewhere, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights. And lastly, you are prohibited from making commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the The New Islander website, including without limitation the Website Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, New Islander Media Inc. or the The New Islander website. In addition, you agree not to interfere with the The New Islander website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the The New Islander website. Please note that New Islander Media Inc. has not reviewed and therefore does not endorse the content of all sites linked to from The New Islander website. New Islander Media Inc. is not responsible for the content or actions of any other sites linked to from The New Islander website; clicking on any unendorsed link on The New Islander website shall be done at your own risk.
2. Commenting: New Islander Media Inc. does not necessarily support, give particular preference to, and/or endorse the comments, opinions, featured works, and/or statements posted in various sections of The New Islander website including "Boardwalk", "Ports of Call", "Tones", "The Compass", and "In Season". Furthermore, any information or material placed online by way of our commenting system, including advice, criticism, praise, remarks, and opinions, are the views of — and therefore held responsible by — those who post the statements and do not necessarily represent the views of New Islander Media Inc. Furthermore, New Islander Media Inc. may review, edit, move or delete any comments in its sole discretion, without notice, if deemed inappropriate, arbitrary, and/or offensive.
3. Copyright: New Islander Media Inc. may take necessary and appropriate action against users, subscribers, and contributors who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on The New Islander website in a way that constitutes copyright infringement, you may notify New Islander Media Inc. by emailing the address found below:
All content, images, graphics, and multimedia forms found on newislander.com and any newislander.com associated sub domains are owned by New Islander Media Inc., unless otherwise noted. Such content is protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of New Islander Media Inc. or in the case of third party materials, the owner of that content. You may not alter or remove any trademark, copyright or other notice from copies of the content.
a. HAAP Media Ltd., Getty Images, & Jupiterimages: By accessing this Website, you acknowledge and agree that: (i) HAAP Media Ltd., Getty Images, & Jupiterimages photos, graphics, images, and/or other materials shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (ii) no HAAP Media Ltd., Getty Images, & Jupiterimages materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) HAAP Media Ltd., Getty Images, & Jupiterimages is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (iv) HAAP Media Ltd., Getty Images, & Jupiterimages reserves the right to audit possible unauthorized commercial use of its materials or any portion thereof at any time.b. Creative Commons/GNU Free Documentation License: By accessing this Website, you acknowledge and agree that, if stated: Certain photos, images, files, etc. may be licensed under the Creative Commons Attribution ShareAlike 3.0 License. (In short: you are free to share and make derivative works of the file under the conditions that you appropriately attribute it, and that you distribute it only under a license identical to this one.) --
New Islander Media Inc. reserves the right to terminate and/or suspend its Website or any portion thereof, for any or no reason, without notice.