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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.
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".
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:
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"
"Educational User" means Use of The Web Site will be in an educational or scholastic setting. For information, Contact Us
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.
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.
SmallTownPapersTM. "SmallTownPapers" and the small town device is a registered trademark of SmallTownPapers, Inc., Seattle, Washington.