Website Terms and Conditions of Use

Thank you for visiting our website.
The following conditions govern the use of this website.
Your use of this is considered to be legal acceptance of these terms and conditions.

USE BY MINORS: We do not sell to children.
If you are below the age of 18 you may use our website only with the permission and active involvement of your parent or legal guardian.
Please do not provide any personal information about yourself anywhere on this site.

YOUR PRIVACY: We respect the privacy of each of our visitors:

  1. We collect general information about site visitors in order to understand the use of this site and improve the content to better serve our visitors. We do not collect any personally identifiable information about you without your knowledge.
  2. We may use cookies to record session information, such as logins, settings, items selected for a shopping cart,
    and to customize Web page content based on visitors’ browser type.
  3. If you supply us with your contact information, that information is only used by us to provide services you request or provide you with information we believe to be of interest to you.
  4. We do not partner with or have special relationships with any ad server companies.
    We do not knowlingly share any information about our visitors with anyone except as required by law or required to service your specific request.
  5. You may choose to provide personal information to website visitors or other third parties who are not our suppliers.
    Please use caution when doing so.
    The privacy policies and customs of these third parties determine what is done with your information.
  6. If our information practices change at some time in the future we will post the policy changes to our Web site to notify you of these changes and provide you with the ability to opt out of these new uses.

EMAIL and ANTI-SPAM We use email for the mutual benefit of our staff and your convenience. We hate unsolicited commercial e-mail as much as you do. Also called as Spam or junk e-mail, it is a disservice to everyone who uses the Internet:

  1. We fully endorse and comply with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial e-mail laws.
  2. If you subscribe to our electronic newsletter or other communications from our website, you will always have an option to unsubscribe immediately, normally via a link at the bottom of the email.
  3. If you have additional questions, comments or concerns, please contact us and provide us with information relating to your concern.

SITE CONTENT All content on our website is owned by us or authorized for our use.
On behalf of ourselves and our content owners, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights and we will prosecute anyone who attempts to steal our property:

  1. No part of this website may be reproduced or transmitted in any form or by any means, mechanical, electronic, or otherwise, including photocopying and recording, or by any information storage and retrieval system, or transmitted by e-mail, or used in any other fashion without our express prior written permission.
    This excludes any information clearly marked as reproducible.
    Contact us with any requests to use our content.
  2. LINKS: Our website contains hypertext links to websites and other information created and maintained by other individuals and organizations.
    These links are only provided for your convenience.
    We do not control or guarantee the information or privacy policies posted on these linked websites.
    Hyperlinks to particular items do not reflect their importance, and are not an endorsement of respective websites, their views, or the products or services offered.
  3. All content on our website is provided for shared use.
    We take reasonable security precautions to keep all information on our server confidential but cannot make any express warranty about our ability to protect such information from outside attack.
    Should there be any content that you believe to be of sensitive or proprietary nature, please contact us and we will remove it from our server.
  4. PASSWORDS: Your access to parts of our website may be protected by a user name and a password.
    Do not give your password to anyone.
    If you enter a section of our website that requires a password, you should log out when you leave.
    As a safety precaution, you should also close out of your web browser completely and re-open it before viewing other parts of the Internet.
  5. Digital millennium Copyright Act (“DMCA”) Notice: If you believe that your intellectual property rights have been infringed upon by our website content, please contact us or our Internet service provider (ISP) listed at the bottom of this page.
    The owner of this website and the ISP are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner and/or the ISP of this website will remove or block access to the allegedly infringing material while the merits of the claim are evaluated.
    Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
  6. OBSCENE OR OFFENSIVE CONTENT: We are not responsible for any obscene or offensive content that you receive or view from others while using our website.
    However, if you do receive or view such content, please contact us so that we can investigate the matter.
    Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.

DISCLAIMERS AND LIMITATIONS OF LIABILITY The information on our website is provided on an “as is” and “as available” basis. You agree that your use of our website is at your sole risk and is subject to availability and accuracy of the site at that time.

  1. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
    If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you.
  2. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.
  3. Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or your reliance on the content, even if advised of the possibility of such damages.
    Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates.
  4. DISPUTE RESOLUTION: You agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules.
    All claims must arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else.
    All arbitration must occur in Oneida County, New York, USA.
    Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.

GENERAL CONDITIONS

  1. RIGHTS: You understand that your right to use our website can be terminated for any violation of this agreement and without giving you notice.
  2. INDEMNIFICATION: You agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions.
  3. COMPLIANCE WITH GOVERNING LAW: You agree to obey all applicable laws while using our website.
    You agree that the laws of New York govern these terms and conditions of use without regard to conflicts of laws provisions.
  4. MODIFICATIONS: These terms and conditions may change from time to time.
    If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our website’s home page of the changes that have been made.
  5. SEVERABILITY: If any part of these terms and conditions of use are determined to be invalid, that part shall be limited or eliminated with the remainder of these terms and conditions fully inf force and legally binding.
  6. >ENTIRE AGREEMENT : These terms and conditions constitutes your entire agreement with us with regarging the use of this website.
  7. These policies were last updated on 2-19-2010.

HOW TO CONTACT US
If you feel that this site is not following any part of this stated policy, or if you have questions or concerns about these terms and conditions of use, you can contact us using the online form provided on this website and providing us with information relating to your concern. You may also mail your concerns to the website owner (NOT ISP) at the address below

THE WEBSITE OWNER
Island Shadows
33379 Rt-12E
Cape Vincent, NY 13618
USA

THE INTERNET SERVICE PROVIDER (ISP)
Deerfield Hosting
5909 Walker Road
Deerfield, NY 13502
USA
www.deerfieldhosting.com

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Please send DMCA notifications of claimed copyright infringement to either the Webiste Owner or ISP listed above.
To file a notice of infringement with either the website owner or the ISP, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright.
Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

Please provide the following information in any such notification:

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
  2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. Include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material) and also descibe what item(s) on that page(s) is infringing on your copyright.
  3. Provide information reasonably sufficient to permit the website owner to contact you (e-mail address, phone number, and postal address).
  4. For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).
  5. Please be advised that United States copyright law provides substantial penalties for a false claims.
    Therefore we suggest that you first contact an attorney in these matters.

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Terms & Conditions