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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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