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License Agreement
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| 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: |
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| Definition of “Content” |
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| "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. |
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| Definition of “User” |
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| “User” means an
individual who has accessed The Web Site. |
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| Definition of “Use” |
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| “Use” means a User who
has accessed The Web Site and observed and/or acquired the
Content. |
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| Definition of “User
License” |
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| “User License” means the
granting of limited Use of The Web Site by SmallTownPapers. |
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| Ownership of Content |
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| 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. |
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| Terms of Use |
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| 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. |
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IMPORTANT LEGAL NOTICE
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| 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 upon Use
of The Web Site and/or the Content, then you must obtain a
“Media License”. |
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| User License |
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| 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.
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| Acquiring a User License |
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| 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. |
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| User License — Individual User |
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There are three types of Individual
User
- Paid Individual User
- Non-paid Individual User
- Anonymous Individual User
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| 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. |
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| User License — Business User
(non media) |
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“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:
1. Business User may 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”.
2. 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”.
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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
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| User License — Media User |
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| “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
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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 images on web
sites or other digital manner
* Any number of
reproductions of Content in any manner in excess of 500
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| User License — Educational User |
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| “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®. "SmallTownPapers" and the small town device is a registered trademark of SmallTownPapers, Inc., Seattle, Washington.
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