Terms of Use and License Agreement
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT
TO THE FOLLOWING TERMS AND CONDITIONS:
SmallTownPapers, Inc., a Washington corporation (SmallTownPapers), the owner and
operator of this web site ("The Web Site"), and any user of The Web Site agree
to the following:
Definition of "Content"
"Content" means everything appearing within The Web Site, The Web Site itself,
images of printed pages, printed text, disseminated text, text, the particular
assemblage of words, sentences, paragraphs, articles, headlines, sidebars, pull
quotes and any other text, knowledge, artwork, illustrations, logos, designs,
photographs, layouts or pages.
Definition of "User"
"User" means an individual who has accessed The Web Site.
Definition of "Use"
"Use" means a User who has accessed The Web Site and observed and/or acquired
the Content.
Definition of "User License"
"User License" means the granting of limited Use of The Web Site by
SmallTownPapers.
Ownership of Content
SmallTownPapers and its affiliates own all Content contained herein. It is a
violation of U.S. Federal Law and International Law to acquire Content from The
Web Site in a manner not specifically granted by a legitimately obtained User
License.
Terms of Use
Use of The Web Site is subject to the terms contained in this license agreement,
which you agreed to be bound to when you signed up for your membership. If you
are an anonymous user, you are subject to the same terms as though you signed up
for an account. Your Use of The Web Site constitutes your agreement to be bound
by the terms set forth herein.
IMPORTANT LEGAL NOTICE
If you charge a fee or receive compensation of any kind for observing and/or
providing Content acquired from The Web Site to any person or entity, then you
must obtain a "Business User License", and if the observations you make or
Content you provide is distributed in any manner, or your business depends in
any way upon Use of The Web Site and/or the Content, then you must obtain a
"Media License".
User License
A limited User License is hereby granted to users subject to the following
conditions: User agrees that all Content contained herein is copyrighted
material. Additionally, there may exist third-party copyrights. Retyping,
scanning or otherwise capturing and/or storing words, photographs,
illustrations, advertisements, or any other Content whether electronic,
mechanical, by hand or any other means is strictly prohibited, is a breech of
the License Agreement, may violate international copyright laws and lead to
legal action including termination of the User License. User agrees that this
User License does not transfer any ownership or rights of any kind to User, and
further agrees not to engage in any activity that may lead to Content being used
in any commercial manner.
Acquiring a User License
A User License is acquired only by visiting The Web Site and following the
instructions and procedures provided; or by contacting SmallTownPapers, and
receiving a written User License.
User License - Individual User
There are three types of Individual User
1. Paid Individual User
2. Non-paid Individual User
3. Anonymous Individual User
Generally, "Paid Individual User" is a membership requiring sign-up, and will
pay a fee to access certain features of the web site. "Non-paid Individual User"
is a membership requiring sign-up, and is granted access to certain features at
no charge. "Anonymous Individual User" is granted limited access to certain
features at no charge and does not require sign-up or membership. In no case may
Individual User charge a fee or receive compensation of any kind for observing
and/or providing Content acquired from The Web Site to any person or entity.
User License - Business User (non media)
"Business User" means Use of The Web Site will be in the course of non-media
related business activity. Business User agrees that this User License does not
transfer any ownership or rights of any kind to User, and further agrees not to
engage in any activity that may lead to Content being used in any media-related
commercial manner, except:
- Business User may capture or retype text, and download and reproduce images
on paper only, so long as Content is not reproduced in any manner more than 500
times; and the following credit is included in any reproduction of Content: "© SmallTownPapers";
or "© SMALLTOWNPAPERS".
- Content is used in a manner consistent with the normal and customary business
practices of the Business User. Business User may not charge a fee or receive
compensation of any kind for observing and/or providing Content acquired from
The Web Site to any person or entity that is defined herein as, or is likely to
be, a "media user".
Business User Licenses are granted with purchase of Corporate Memberships. To
purchase a Corporate Membership
Contact Us
Examples of allowable Use by "Business User"
. Law firm researching Content for legal proceeding on behalf of paying client
. Manufacturing company reproducing Content about their business for the purpose
of self-promotion
. Drug company gathering statistical data for research of new medication
. Studio production company researching social trends for development of new
television program
User License - Media User
"Media User" means Use of The Web Site will be in the course of a business
activity which depends upon Use of the Content, may include charging a fee or
receiving compensation of any kind for observing and/or providing Content
acquired from The Web Site to any person or entity, or distributing Content in
any manner. If observations you make or Content you provide is distributed in
any manner, or if your business depends upon Use of The Web Site and/or the
Content, then you must obtain a "Media License." This includes, but is not
limited to published works, television, radio, recordings, film, web sites and
archives.
Media User Licenses are granted on an individual basis. To learn more
Contact Us
Examples of Use by "Media User"
- Genealogical professional researching family history on behalf of paying client
- Non-profit organization Use of Content to build support of fund-raising activities
- Published work in which Content is used
- Clipping Service
- Studio production company producing programming in which Content is used
- News and content mining
- Storage of Content in any manner
- Distribution of Content in any manner
- Use of Content on web sites or other digital manner
- Any number of reproductions of Content in any manner in excess of 500
User License - Educational User
"Educational User" means Use of The Web Site will be in an educational or
scholastic setting. For information, Contact Us
Limited Warranty
SmallTownPapers represents and warrants that it has the right and authority to
provide the Content on the Website pursuant to this license.
EXCEPT AS OTHERWISE PROVIDED HEREIN, THE CONTENT ON THE WEBSITE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS AND SMALLTOWNPAPERS AND EACH THIRD PARTY
SUPPLIER OF CONTENT EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation on Liability
SmallTownPapers and third party suppliers of Content shall not be liable for any
loss, injury, claim, liability, or damage of any kind resulting in any way from
(a) any errors in or omissions in the Content on the Website, (b) the
unavailability or interruption of Content on the Website, (c) your use of the
Content on the Website (regardless of whether you received any assistance from
SmallTownPapers), (d) your use of any equipment in connection with the Content
on the Website, (e) the Content, or (f) any delay or failure in performance
beyond the reasonable control of SmallTownPapers and third party suppliers of
Content.
THE AGGREGATE LIABILITY OF SMALLTOWNPAPERS AND THIRD PARTY SUPPLIERS OF CONTENT
IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE CONTENT ON
THE WEBSITE SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES. YOUR
RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES
WHICH YOU MAY HAVE AGAINST SMALLTOWNPAPERS AND THIRD PARTY SUPPLIERS OF CONTENT.
SMALLTOWNPAPERS AND THIRD PARTY SUPPLIERS OF CONTENT SHALL NOT BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING
FROM, OR ARISING IN CONNECTION WITH THE CONTENT ON THE WEBSITE, MATERIALS, OR
THE FAILURE OF SMALLTOWNPAPERS AND THIRD PARTY SUPPLIERS OF CONTENT TO PERFORM
ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF SMALLTOWNPAPERS AND THIRD PARTY
SUPPLIERS OF CONTENT.
Miscellaneous
SmallTownPapers may terminate access to the Content on the Website at its
discretion. SmallTownPapers may suspend or discontinue providing access to the
Content on the Website to you without notice and pursue any other remedy legally
available to it if you fail to comply with any of your obligations hereunder.
The failure of the provider of SmallTownPapers or any third party supplier of
Content to enforce any provision hereof shall not constitute or be construed as
a waiver of such provision or of the right to enforce it at a later time.
The subscribing organization or individual may not assign its rights or delegate
its duties under the subscription to access the Content on the Website without
the prior written consent of SmallTownPapers.
This license shall be governed by and construed in accordance with the laws of
the State of Washington.
SmallTownPapers
TM. "SmallTownPapers" and the small town device is a registered
trademark of SmallTownPapers, Inc., Seattle, Washington.