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TERMS OF USE
Related:
Terms-of-Use-stpArchive
https://www.stparchive.com/show_tou.php
Privacy-Policy-stpArchive
https://www.stparchive.com/show_privacy.php
Copyright-Information-stpArchive
https://www.stparchive.com/show_copyright.php
Commercial-Use-License-stpArchive
https://www.stparchive.com/show_commercial.php
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT
TO THE FOLLOWING TERMS AND CONDITIONS INCLUDING THE APPLICABLE LICENSE OF USE:
SmallTownPapers, Inc., a Washington corporation (SmallTownPapers), the owner and operator of this web site (the "Web Site"), and any user of the Web Site agrees to the following:
DEFINITIONS:
"Anonymous Individual User"
"Anonymous Individual User" means a User that does not sign-up or subscribe for access to the Web Site and is granted limited access to certain features at no charge. 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.
"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.
"Educational User"
"Educational User" means Use of the Web Site will be in an educational or scholastic setting.
"Non-paid Individual User"
"Non-paid Individual User" means a non-paying User requiring sign-up and is granted access to certain features at no charge.
"Paid User"
"Paid User" means a User requiring sign-up to a paid subscription for a tiered level of license rights related to the applicable certain features of the Web Site.
"User"
"User" means an individual who has accessed the Web Site.
"Use"
"Use" means a User who has accessed the Web Site and observed and/or acquired the Content.
"User License"
"User License" means the applicable license rights granting you limited Use of the Web Site by SmallTownPapers.
OWNERSHIP OF CONTENT
SmallTownPapers and its affiliates own all Content contained on or available on the Web Site under any applicable law of any jurisdiction worldwide, including copyright. 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 and for those terms and conditions applicable to that particular User License.
TERMS OF USE
Use of the Web Site is subject to the terms and conditions 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 and continued Use of the Web Site constitutes your agreement to be bound by the terms set forth herein and as updated from time to time.
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".
PUBLIC DOMAIN
Each and every image in this web site is owned by SmallTownPapers, Inc. and/or its affiliates, and is not in the public domain even if the original page was printed prior to current copyright limits. No ownership rights are granted or transferred to any user of this web site. You may view the images contained herein, only while visiting this Web Site, and only if done so in accordance with the Terms of Use and your applicable User License which may not allow User to copy any image or text.
TYPE OF LICENSE GRANTS
Acquiring a User License
All Users of the Web Site are subject to the terms and conditions of the License applicable to their intended use of the Web Site as provided below. Certain Use License are only available upon contacting SmallTownPapers and receiving a written User License. These types of License are noted below.
User License – Applicable to Non-Paid Individual User
("Quick Lookup Anonymous" Account)
This User License grants you subject to the terms and conditions of the Terms of Use a limited right to search the Web Site Content as made available to you for viewing search results. This User License does not grant you any rights to 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 and is strictly prohibited, is a breach of this User License, violates U.S. and international copyright laws and may lead to legal action including termination of this 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 unless expressly permitted under a separate license from SmallTownPapers. User agrees that all Content contained on and in the Web Site is copyrighted material. Additionally, there may exist third-party copyrights which further limit the rights granted in this User License.
User License – Applicable to Non-Paid Individual User
("Informational Free" Account)
This User License grants you subject to the terms and conditions of the Terms of Use a limited right to search the Web Site Content as made available to you for viewing search results. You further have the right to view scans of Content. This User License does not grant you any rights to 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 and is strictly prohibited, is a breach of this User License, violates U.S. and international copyright laws and may lead to legal action including termination of this 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 unless expressly permitted under a separate license from SmallTownPapers. User agrees that all Content contained on and in the Web Site is copyrighted material. Additionally, there may exist third-party copyrights which further limit the rights granted in this User License.
User License – Applicable to Paid Individual User
("Family Research Premium" Account)
This User License grants you subject to the terms and conditions of the Terms of Use a limited right to search the Web Site Content as made available to you for viewing search results. You further have the right to view scans of Content, save pages on scrapbooks, and download Content in PDF and/or JPEG format. This User License does not grant you any additional rights not expressly provided hereunder and any other use of the Content for is strictly prohibited, is a breach of this User License, violates U.S. and international copyright laws and may lead to legal action including termination of this 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 unless expressly permitted under a separate license from SmallTownPapers. User agrees that all Content contained on and in the Web Site is copyrighted material. Additionally, there may exist third-party copyrights which further limit the rights granted in this User License.
User License – Applicable to Educational User
EDUCATIONAL USER LICENSES ARE GRANTED ON AN INDIVIDUAL BASIS. TO LEARN MORE CONTACT US.
User License – Applicable to Business User (non-media)
"Business User (non-media)" 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".
Examples of allowable Use by "Business User (non-media)"
* 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
BUSINESS USER (NON-MEDIA) LICENSES ARE GRANTED ON AN INDIVIDUAL BASIS. TO LEARN MORE CONTACT US.
User License – Applicable to Business User (media)
"Business User (media)" 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 by contacting us. This includes, but is not limited to published works, television, radio, recordings, film, web sites and archives.
Examples of Use by "Business User (media)"
* 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
BUSINESS USER (MEDIA) LICENSES ARE GRANTED ON AN INDIVIDUAL BASIS. TO LEARN MORE CONTACT US.
User License – Applicable to Paid Individual User
("Genealogist / Researcher Pro" Account)
Professional Users Researching Family History On Behalf of Paying Client
In addition to the Terms of Use, a "Genealogist / Researcher Pro User" is subject to the terms and conditions of the Commercial Content License Agreement. A downloadable copy of this Agreement is available upon downloading of Content from the Web Site or at https://www.stparchive.com/show_commercial.php
OTHER TERMS AND CONDITIONS UNDER THESE TERMS OF USE
Limited Warranty
SmallTownPapers represents and warrants that it has the right and authority to provide the Content on the Web Site pursuant to this license.
EXCEPT AS OTHERWISE PROVIDED HEREIN, THE CONTENT ON THE WEB SITE 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 Web Site, (b) the unavailability or interruption of Content on the Web Site, (c) your use of the Content on the Web Site (regardless of whether you received any assistance from SmallTownPapers), (d) your use of any equipment in connection with the Content on the Web Site, (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 WEB SITE 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 WEB SITE, 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.
Accounts
Each User signing-up for use of the Web Site will have a log-in and password which may not be shared. Users must keep their authentication factors (such as user ID (username) and user credentials) strictly confidential and not share such information. User shall be responsible for any and all actions taken through User’s account and shall immediately notify SmallTownPapers of any unauthorized access to or use of its account.
Subscription Fees
A Subscription Fee ("Fee") will be charged to all sign-ups for certain SmallTownPapers User accounts. The Subscription term during the initial sign up is a period of approximately 30 days ("Monthly Renewal Period"), which thereafter is automatically renewed and payable against the method you chose to sign up for the subscription, on an ongoing basis for each successive Monthly Renewal Period until cancelled. Cancellation of any renewal period must be made by accessing your account and following the instructions to cancel. No pro-rated refunds. Once renewed, no refunds will be issued. Purchase of a subscription is final and no refunds shall be made. SmallTownPapers may add taxes as applicable to any subscription. If you are paying by credit card, you authorize us to charge your credit card or bank account for the Fee payable during the Subscription term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. SUBSCRIPTION FEES FOR ANY RENEWAL PERIOD MAY BE CHANGED WITHOUT NOTICE BUT SHALL BE PUBLISHED AT LEAST 30 DAYS BEFORE ANY RENEWAL PERIOD. IN NO EVENT SHALL ANY FEE BE REFUNDABLE.
General Restrictions
Unless User is otherwise permitted by SmallTownPapers under these Terms of Use or its Use License, Client shall not (and shall not permit any third party to):
1. use or authorize the use of Content for commercial purposes or gains, such as selling access to the Content;
2. provide access to the Content to persons or entities. Unless you have a subscription account which allows for the foregoing, your rights to access the Content are only for your Use;
3. attempt to override, circumvent, or disable any features or Content protections employed by SmallTownPapers or undertake any activity such as the use of computer programs that automatically download or export Content;
4. systematically print out, download, reproduce or distribute (or collaborate with others to systematically print out, download, reproduce or distribute) any portion of the Content;
5. modify, obscure, or remove any copyright notice or other attribution included in the Content; or
6. make any use, display, perform, reproduce, or distribute Content in any manner that exceeds or violates these Terms of Use or the applicable User License.
Miscellaneous
SmallTownPapers may terminate access to the Content on the Web Site at its discretion. SmallTownPapers may suspend or discontinue providing access to the Content on the Web Site 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 Web Site without the prior written consent of SmallTownPapers.
These Terms of Use and any User License shall be governed by and construed in accordance with the laws of the State of Washington or applicable federal law. Any action by SmallTownPapers to enforce its or your rights under the forgoing with your agreement shall be adjudicated by binding arbitration according the rules of commercial arbitration of the forum chosen by SmallTownPapers in Seattle, Washington.
SmallTownPapers®, SmallTownPapers logo with the small-town design are registered trademarks of SmallTownPapers, Inc., Seattle, Washington.
5/2/2023