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These terms and conditions of use apply to and govern your use of the OldMaps.com Web site (the "Site") and the database (the "Data"). Your use of the Site signifies your agreement to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use the Site. OldMaps.com's then-current privacy policy which addresses OldMaps.com's use and release of information collected from your use of the Site is available at our Privacy Statement. License to Use the Site and Data OldMaps.com grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal or business use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use. Changes to Terms and Conditions OldMaps.com reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes. Ownership and Restrictions OldMaps.com owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. OldMaps.com is the owner of the copyright in the entire Site. OldMaps.com owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site. You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site, the Data, or any portion thereof for any public or commercial use without the express written permission of OldMaps.com. You may download one (1) copy of Content from the Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in such Content, including without limitation trademarks and service marks of OldMaps.com and its affiliates or the copyright holder identified in the individual Content's copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. Change to Site or Content OldMaps.com shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including but not limited to Content, features, or hours of availability. OldMaps.com may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Site and Data Availability OldMaps.com will provide to our greatest ability a reliable Site and Data that are available the majority of the time. From time to time we will add new data to our Databases, at which time the PriceFinder will not be available. This condition will be announced on the site and will normally only last for several minutes. Occasionally, maintenance must be performed on the server, at which time the site will be unavailable. We normally perform maintenance late at night in an effort to minimize the down-time to the majority of our users. In any event, the maintenance will be performed as quickly as possible. It is important to understand that the Web is a complex distributed network of private hosts, routers and data lines that are owned, managed and controlled by numerous entities outside of our control. Anytime you are unable to gain access OldMaps.com it may be due to circumstances completely beyond our control. Outages within our control will be fixed as soon as possible. Because our servers are mechanical devices, failures will occur so the users should not expect the system to be available 100% if the time. We will, however, respond to failures and outages as quickly as possible to minimize outage time. Indemnification You shall indemnify, defend and hold harmless OldMaps.com, and all its officers, directors, owners, agents, employees, Content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site. OldMaps.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of OldMaps.com. Links to Other Web Site The Site contains links to other related World Wide Web Internet sites, resources, and sponsors of the Site. Links to and from any site to other third party sites, maintained by third parties, do not constitute an endorsement by OldMaps.com or any of its subsidiaries and affiliates of any third party resources or their contents. Links do not imply that OldMaps.com or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, tradename, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, tradename, logo or copyright symbol of OldMaps.com or any of its affiliates. You should direct any concerns regarding any external link to its site administrator or webmaster. OldMaps.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. OldMaps.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Warranties THIS SITE IS PROVIDED BY OLDMAPS.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. OLDMAPS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OLDMAPS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OLDMAPS.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM OLDMAPS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OLDMAPS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. While every effort has been made to ensure the reliability of the information presented in these Publications, this Site, and these Databases, OldMaps.com neither guarantees the accuracy of the data contained herein nor assumes any responsibility for errors, omissions, or discrepancies. OldMaps.com accepts no payment for listings in the data compilation section, and inclusion of advertising in these Publications and on this Site of any organization, agency, institution, publication, service, or individual does not imply endorsement of the editors or publisher. Errors brought to OldMaps.com attention and verified to OldMaps.com satisfaction will be corrected as soon as possible. The information contained in this notice is current as of May 2001 and is subject to change. OldMaps.com does not make any expressed or implied warranties, representations, or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Software, and OldMaps.com will not be liable for any cost or damage arising either directly or indirectly from the installation and use of the Software. OLDMAPS.COM does not warrant that the Site nor the Data will be error free or that defects will be corrected. They are provided on an "as is" basis. In no event will OldMaps.com be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Site, the Data, or any portion thereof, even if OldMaps.com or its authorized representatives have been advised of the possibility of such damages. Because some states do not allow the exclusion of limitation or liability for consequential or incidental damages, the above limitation may not apply to you. In such states, OldMaps.com liability is limited to the greatest extent permitted by law. Trademarks OldMaps.com, PriceFinder, ImageFinder, and other related marks or logos used on this Site are trademarks or service marks of OldMaps.com. You may not use OldMaps.com names, trademarks, service marks, logos, or design trademarks without the prior written authorization of OldMaps.com. In addition, you may not use our trademarks, logos, or service marks in, as, or as a part of, your own trademarks or those of any third parties; to identify products or services that are not those of OldMaps.com's; in a manner likely to cause confusion; or in a manner that implies inaccurately that OldMaps.com sponsors or endorses or is otherwise connected with, your own activities, products, and services, or those of third parties. Please use proper notice and attribution for each trademark. General Provisions These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in Coconino County in the State of Arizona and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and OldMaps.com with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or OldMaps.com of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. |
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