Terms and Conditions for Users of Online Assets and Services managed by Datapages, Inc.
(Search and Retrieval Archives, Current Content Websites, Hosted Services, Etc.)
These Terms and Conditions govern the viewing, downloading, or other utilization by all persons (“Users” or “You”) authorized to view, download, or otherwise utilize the online materials and services managed by Datapages, Inc. (“Datapages”), whether owned by Datapages or owned by a third party. The information in the materials managed by Datapages is sometimes referred to herein as Content or as the “database” or “databases” of Datapages. All Users shall adhere to the following General Terms and Conditions unless otherwise agreed by Datapages (in writing, under a separate negotiated agreement). These Terms and Conditions constitute a legal contract between Datapages, Inc., and the User. Datapages may change or revise these Terms and Conditions at its sole discretion and such change or revision shall be effective immediately upon the posting of such change or revision on Datapages’ websites.
A User which subscribes to the databases and services of these Datapages’ websites and is provided access to the materials and services on a periodic basis, rather than a single use basis, is referred to herein as a “Subscriber”. Subscriber classes include:
Corporate/Institutional/Government (non-Educational) Subscribers
Single User Subscribers/Group Users (Member Plans)
Private Research Consultants & Data Resellers
GENERAL TERMS AND CONDITIONS
(Applies to All Users/Subscribers, Unless Exempted, in Addendum Below or by Contract)
1. ACCEPTANCE OF TERMS.
These websites are owned and/or maintained by Datapages, Inc., a wholly-owned subsidiary of The American Association of Petroleum Geologists (“AAPG”), Tulsa, Oklahoma, USA. Datapages provides online materials and services to Users subject to the following General Terms and Conditions, which may be revised by Datapages from time to time without notice to any User. The General Terms and Conditions in effect on any particular date shall govern all Users' use of the materials and services provided by Datapages’ websites on that date. A User may review the most current version of these Terms and Conditions at any time at Datapages’ websites. By a User's use of any of the materials and services provided by Datapages’ websites, the User accepts these Terms and Conditions.
Datapages reserves the right to change the terms, conditions, and notices under which all Datapages online materials and services are offered, without notice and without consultation with any User, which, among other reasons, allows Datapages to react to circumstances and protect itself from external threat. Upon major modification of these Terms and Conditions, Datapages will notify Subscribers who will have 30 days to contact Datapages with questions or comments, and will have the option to discontinue Subscription services. When any Subscriber discontinues its access to materials and services of Datapages because a change in these Terms & Conditions violates library policies or local laws, Datapages will refund the pro-rated balance of paid subscription fees.
3. NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of Datapages’ online materials and services, you warrant to Datapages that you will not use the Datapages websites for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Datapages websites or Datapages materials or services in any manner which could damage, disable, overburden, or impair the Datapages websites or databases or interfere with any other party's use and enjoyment of the Datapages websites or databases. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Datapages websites.
4. USE OF COMMUNICATION SERVICES.
The Datapages websites and/or online databases may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another User of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other User from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Datapages has no obligation to monitor the Communication Services. However, Datapages reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Datapages reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Datapages reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Datapages' sole discretion.
Always use caution when giving out any personally identifying information about yourself or, if you are an individual, your children in any Communication Service. Datapages does not control or endorse the content, messages or information found in any Communication Service and, therefore, Datapages specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Datapages spokespersons, and their views do not necessarily reflect those of Datapages.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
5. MATERIALS PROVIDED TO DATAPAGES OR POSTED AT ANY DATAPAGES WEBSITE.
Datapages does not claim ownership of the materials you provide to Datapages (including feedback and suggestions) or post, upload, input or submit to any Datapages website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Datapages, and by extension AAPG and its affiliated companies and icensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Datapages is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Datapages' sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions on the terms and conditions of this section.
6. DESCRIPTION OF SERVICE.
Datapages provides the User with non-exclusive browse and/or search-and-retrieval services for the sole purpose of conducting research. Delivery to a User of an article, abstract, geospatial file, or other digital file comprising information (collectively, Digital File) does not constitute a transfer of ownership or copyright and grants to the User only those privileges specifically stated herein. The User is granted only a non-exclusive, non-transferable limited license to utilize the information only as authorized in these Terms and Conditions. Datapages owns only a part of the Content.
The database of Datapages’ websites, which includes all Digital Files, is sometimes referred to herein as “Content”. Services provided by Datapages’ websites are (a) subscription access to the Content or parts of the Content, (b) transactional access (Pay-Per-View) to the Content or parts of the Content, or (c) special “members-only” access (Members-only Access) to parts of the Content which certain Users may be provided as a benefit of membership in an organization (Partner Organization) which owns part of the Content. Members-only Access is limited to only that part of the Content that is owned by the applicable Partner Organization. Members-only Access is provided pursuant to an agreement with a Partner Organization as a benefit of individual membership in that organization. No information downloaded from Datapages’ websites by a person authorized to do so, whether an organization or an individual (including without limitation a Partner Organization member by way of Members-only Access ), may be passed on to or shared with any other organization or individual or in any way utilized by any person other than the authorized person downloading such information.
The User agrees that these services and the Content are provided on an “AS-IS” basis and that Datapages assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any User communications or account personalization settings. Datapages assumes no responsibility and shall have no liability for the inaccuracy of, invalidity of, or other matter involving any of the Content.
Members of the general public not affiliated with a Subscriber organization may as a User access the Content via an “on-demand” access website (http://payperview.datapages.com) where non-exclusive, non-subscription search-and-retrieval is allowed. Such Users may pay for each downloaded article at the time of download, or Users may set up a transactional downloading account or purchase Prepaid Search Credits from Datapages (http://bookstore.aapg.org). With regard to a prepaid User account:
A. Expiration - Prepaid Search Credits are valid for 24 months from the original date of purchase. Free Promotional Search Credits (on special promotional cards, typically given to potential customers at conferences and trade shows) are valid for 3 to 24 months from the original date of issue of those credits (as marked on the card).
B. Replenishment - The cost of a download of a Digital File varies based on the plan at the time of purchase of the credits applied to that download, and is guaranteed for the term the applicable credits are valid. Additional credits may be added to a prepaid User account at any time.
C. Use - All other conditions in these General Terms and Conditions apply to Pay-Per-View Users.
Datapages automatically receives and records information on its server logs from a User's browser, including the User's IP address, page information about the pages the User accesses, and information about the Digital Files the User downloads, for the purposes of tracking usage volume and determining royalty fees to Partner Organizations who own portions of the Content, including AAPG. This information is not provided to the Partner Organizations in specific detail; rather, the information is tabulated and merged with information from other Users solely for the purpose of determining the royalty to be paid to each Partner Organization.
Datapages does not rent, sell, or share information about the User with any organization with the following exceptions: (a) Datapages will respond to subpoenas, court orders, or legal process or to establish or exercise its rights or to defend against claims; and (b) when Datapages determines in its sole discretion that it is necessary to investigate, prevent, or take action regarding suspected illegal activities, suspected fraud, suspected violations of these Terms and Conditions, or otherwise as required by law.
By the use of Datapages’ websites, the User acknowledges and agrees that all components of the Content are the copyrighted property of their respective publishers. The User acknowledges and agrees that purchase of any of the Content through Datapages’ websites shall be for research purposes only, and any attempt to re-sell any part of the Content acquired through Datapages’ websites or to incorporate any part of such Content into a work for commercial distribution is a violation of these Terms and Conditions and may be a violation of United States and/or International Copyright Laws. Any action by a User or authorized by a User in violation of these Terms and Conditions or in violation of any copyright law may result in an investigation of such actions and/or suspension or termination of the User's authorization to utilize Datapages’ websites. If a User's authorization to utilize Datapages’ websites is suspended or terminated for violation of any copyright law or for violation of any provision of these Terms and Conditions, the User shall forfeit the balance of User's subscription fees and/or prepaid or promotional search credits.
All rights are reserved in the Content except as specifically otherwise provided in these Terms and Conditions and no part of the Content may be reproduced or publicly displayed or distributed for profit or commercial advantage except with the prior written permission of Datapages or the owner of that part of the Content involved. In addition to the other provisions hereof, to copy otherwise than as authorized herein, to republish, to post on servers, or to redistribute to lists any part of the Content is in violation of these Terms and Conditions and may be an infringement of copyright.
If a User desires to use any part of the Content for any purpose not authorized by these Terms and Conditions, including without limitation, for (a) a substantial part of a work, (b) any commercial purpose, or (c) a use which would result in distribution that would limit or diminish Datapages' market for such part of the Content from Datapages’ websites, a User must be granted by the owner of such part authorization for the User to make such use of such part, which authorization may or may not be granted in the owner's sole discretion and if granted, may be on such terms and conditions as determined by the owner. If the owner grants such authorization, the owner may charge the User a license fee for such authorization. The amount of such license fee may vary depending on various factors. License fees are not waived for AAPG members or members of the other Partner Organizations whose materials are part of the Content. For information about permission to utilize all or any part of the Content for the purposes other than those authorized by these Terms and Conditions, contact Datapages (email@example.com).
10. EXCESSIVE DOWNLOADING.
The Content is provided as a convenience and as a service for individuals conducting research only and not for commercial distribution, and access is granted through server-based search-and-retrieval software maintained by Datapages. While the User is encouraged to keep a research copy of any downloaded Digital File, any download activity by a User of numbers of Digital Files not associated with normal levels of search-and-retrieval activity may cause immediate suspension of a User’s account pending investigation by Datapages (“normal levels of search-and-retrieval activity” is as defined by Datapages and in the sole discretion of Datapages). Any attempt to create, or the creation of, a duplicate database of the Content or a significant part of the Content is a violation of these Terms and Conditions, and such action may result in the permanent termination of the User's right to access the Content, in the sole discretion of Datapages, and legal action may be taken to prohibit the User's use and possession of the part of the Content involved. If a User's right to access the Content is terminated for violation of these Terms and Conditions, the User shall forfeit the balance of the User's subscription fees and any prepaid and promotional search credits.
11. DATAPAGES POLICY ON FAIR USE.
Datapages, Inc., and its Partner Organizations, DO NOT CONSIDER THE REPACKAGING OF COPYRIGHTED MATERIALS IN WHOLE, OR IN PART, TO BE FAIR USE, and any repackaging and/or distribution of materials from the Content is a violation of all Datapages Subscription & Licensing Agreements. Organizations wanting to include documents, in whole or in part, including separate images, abstracts, excerpts, etc., may contact Datapages for written permission or may go to Rights Link (http://www.rightslink.com). User fees and/or royalties may be charged for such use.
Neither Datapages nor AAPG is responsible for the accuracy of information contained in any article, publication, or other part of the Content and neither shall have any liability whatsoever for any direct or consequential damages resulting from the use of any information obtained through Datapages’ websites.
A User shall be responsible and liable for damages and any loss to Datapages and the owner of Content, jointly and severally, for any misuse of any part of the Content by it or any user permitted by it to use such part of the Content. Each User agrees with such owner and, where relevant, with any third party information provider or supplier, that upon being made aware by Datapages or such owner of any use of the material not included in the rights expressly granted to the User under these Terms and Conditions, the User shall immediately cease any such violation caused or allowed by it and/or shall make best efforts to halt such use allowed or authorized by such User.
13. RESPONSIBILITY FOR AND RISK OF USE.
The User of Datapages’ websites assumes all responsibility and risk for and of the use of Datapages’ websites, its server, and the internet generally. The primary purpose of Datapages’ websites is to disseminate scientific information regarding the subject matter of the Content. It is provided with the understanding and the User agrees and acknowledges that Datapages does not endorse or recommend any materials, products or services that may be available in any way on or through Datapages’ websites.
14. LINKS LIABILITY DISCLAIMER.
Any links to a third-party website found within Datapages’ websites are provided solely as a convenience to the User. Datapages has not reviewed the contents of such third-party websites, nor does it assume any responsibility for the content or suitability of these third-party websites and the use of such third-party websites shall be at the sole risk of the User.
The User acknowledges and agrees that Datapages may, without prior notice, immediately terminate the User's authorization to use Datapages’ websites and access to the Content. Causes for such termination shall include, but are not limited to, (a) breach of these Terms and Conditions, including without limitation excessive downloading of Content , (b) the request by law enforcement or other governmental agencies, (c) the request by the User (self-deletion), (d) the discontinuance or modification of the materials and/or services provided by Datapages’ websites, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity by the User, (g) fraudulent or illegal activities of User, and/or (h) non-payment of any fees owed in connection with the materials and services.
The User acknowledges and agrees that these Terms and Conditions and all other matters in any way involving Datapages’ websites shall be governed by and construed and enforced in accordance with the laws of the state of Oklahoma, United States of America (without regard to any conflict of laws principles). All actions, suits and proceedings arising out of or in connection with these Terms and Conditions or otherwise in any way related to the Content and/or Datapages’ websites shall be brought in the Oklahoma District Court, Tulsa County, Oklahoma, United States of America, which shall be the exclusive forum therefor. The parties hereto hereby irrevocably submit to the in personam jurisdiction and process of the Oklahoma District Court, Tulsa County, Oklahoma, United States of America, and agree that service by certified mail to their business or residence addresses shall constitute sufficient service of process, but shall not be the exclusive method of such service.
In the event that any provision, or part thereof, of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions, or parts thereof, shall not in any way be affected or impaired thereby.
18. COPYRIGHT AND TRADEMARK NOTICES.
All contents of the Datapages materials are copyright by Datapages, Inc., or by one of its Partner Organizations. All rights in connection therewith are reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
20. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Datapages.
21. PERPETUAL ACCESS.
Datapages does not provide perpetual access to any of the Content. Datapages is not a publisher and does not control the publication policies of its Partner Organizations beyond the scope and term of its agreements with those organizations.
TERMS AND CONDITIONS APPLICABLE TO SPECIFIC USERS
ALL USERS – ACCEPTANCE OF TERMS.
The provisions of this Addendum are in addition to to the above General Terms and Conditions. An understanding and acceptance of the following terms and conditions, in addition to the General Terms and Conditions set out above, are required as part of a subscription to the Datapages Combined Publications Archive database, referred to as the “Content”. Capitalized terms not otherwise defined in this Addendum have the same meaning as set out in the General Terms and Conditions above. Subscribers are defined as Users who access Datapages Content via a 12-month paid subscription or under a Special Single User plan provided through the User’s membership in one or more organizations which have negotiated a Group User Access plan on behalf of its constituents.
CORPORATE/INSTITUTIONAL/GOVERNMENT (non-Educational) SUBSCRIBERS – USE OF DATA WITHIN THE ORGANIZATION ENVIRONMENT.
Corporate/Institutional/Government (non-Educational) Users shall have full use of all downloaded materials within the organization of the subscribing organization. Such Users may incorporate documents and images from the Content in organization reports, studies, and training materials as long as proper citation is provided. Formal written permission is not required for the use of material from the Content within the organizational environment. Users who desire to include images, excerpts, and entire documents for presentation and/or training activities outside the organizational environment, or in publications outside the organizational environment, are required to have written permission from Datapages’ Permissions Editor (firstname.lastname@example.org).
CORPORATE/INSTITUTIONAL/GOVERNMENT (non-Educational) SUBSCRIBERS – ACCESS BY EMPLOYEES AND AGENTS.
All 12-month subscriptions are considered organization-wide unless specifically reserved to specific geographical sites or to some other limitation of coverage (and specified in Datapages’ written Subscription & Licensing Agreement (“Subscription Agreement”)). All employees in all facilities are authorized access via the organization’s own servers or from other locations via the Company’s proxy servers unless otherwise limited by the Subscription Agreement. Datapages cannot establish password access on a Corporate/Institutional/Government (non-Educational) Subscription Account. For clarification, direct questions to Datapages’ customer service representatives (email@example.com).
UNIVERSITY LIBRARY SUBSCRIBERS – QUALIFIED USERS OF THIS RESOURCE.
The above General Terms and Conditions, the provisions of this Addendum, and a university library license allow access throughout the university local-network and campus-network. All students, faculty, employees, agents, and library subscribers of the university, or those acting on behalf of the university, and on-site, walk-in non-university library patrons are allowed access to the Content pursuant to the above General Terms and Conditions and this Addendum through a university library license.
ALL SUBSCRIBERS – PROHIBITION AGAINST THIRD-PARTY SEARCHING OR INDEXING.
Accessing the Content by any third-party agent of the Subscriber for the purpose of creating an index to Datapages’ online materials is forbidden unless prior written acknowledgement and permission is granted by Datapages.
LIBRARY SUBSCRIBERS – DATABASE USE BY THE PUBLIC.
On-site, walk-in, non-university library patrons are allowed to access the Content. Authorized patrons may transmit to a third party in hard copy or electronically, minimal, insubstantial amounts of the Content for personal use or scholarly, educational, or scientific research or professional use but in no case for resale or commercial purposes. Library staff may print out and send single copies of articles for interlibrary loan.
LIBRARY SUBSCRIBERS – SUSPENSION AND ENFORCEMENT.
Violation of the Subscription Agreement and/or the General Terms and Conditions or the provisions of this Addendum by library Subscribers may result in the immediate suspension Datapages materials and/or services. In the case of a violation by a library Subscriber considered by Datapages, in its sole discretion, serious, Datapages may suspend access to Datapages materials and services but will begin an investigation. Datapages will within the next 12 business hours: (1) notify the officially designated Library representative of the breach, describing the breach and suspension and; (2) after consultation with the library representative, upon agreement by Datapages and the library on a corrective process services will be restored.
MEMBERS-ONLY ACCESS – MEMBERSHIP REQUIRED.
Access to a limited subset of the Content for Individual Members of a Partner Organization with its material included in the Content, or any other online property hosted by Datapages, Inc., under contract with a Partner Organization, is provided via secure password authentication provided by the Partner Organization and hosted on that Partner Organization’s website via rules agreed between Datapages, Inc., and that Partner Organization. Rules governing access are set by the Partner Organization and individual passwords can be cancelled only by that Partner Organization. These subscriptions are not intended for organization-wide use, multiple Users, or multiple site access by IP address authentication or for use by individuals who are not members of the Partner Organization. A subscription for institutional access to the limited subset only of the Content is available by contacting Datapages, Inc.: (918) 560-9423 (or email to: firstname.lastname@example.org).
MEMBERS-ONLY ACCESS (AAPG SPECIFIC).
Access to the Content for AAPG member single Users is provided by AAPG via password authentication via the AAPG Members Only website. This subscription is not intended for organization-wide use, multiple Users, or multiple site access by IP address authentication or for use by individuals who are not AAPG Members. See the AAPG Members Only website for a description of the AAPG program for access to Datapages Content by AAPG members.
PRIVATE CONSULTANTS/DATA SELLERS – DEFINITION AND ACCEPTANCE OF TERMS.
An annual subscription to the Content by a private research consultant and/or data reseller is considered to be a Corporate/Institutional/Government (non-educational) subscription, for purposes of conducting research and/or a literature search of available materials. All such Subscribers are governed by the above General Terms and Conditions and this Addendum, whether access to the Content is via paid 12-month subscription or via pay-per-view transactional search-and-retrieval.
PRIVATE CONSULTANTS/DATA SELLERS – PROHIBITION AGAINST DISTRIBUTING MATERIALS.
The Datapages websites are hosted and provided as a service for researchers in the earth sciences and the General Terms and Conditions and this Addendum constitute a contract for use. The materials comprising the Content are the copyrighted property of various organizations and no permission is implied for the distribution by any third-party without expressed written permission from Datapages, Inc., and/or from the Partner Organization which owns the materials. Using copyrighted materials from one of our Partner Organizations in building a research product or report is strictly forbidden outside the terms of Fair Use as defined by the policies of each publisher. Materials may be used in research documents with proper written authorization from the copyright holder, frequently without charge, but written permissions must be obtained. Violators of this policy will be reported for possible legal action. For contact information of the Partner Organization (for the owner of specific copyrighted materials), please contact Datapages: (email@example.com).
For further information about the above General Terms & Conditions and this Addendum please visit our website(s):
or call: (800) 364-2274 (toll-free in the USA & Canada). For those calling from other areas: (918) 560-9423, or write: Datapages, Inc., P.O. Box 979, Tulsa, OK 74101, USA (firstname.lastname@example.org).
This page is copyright © 2012, Datapages, Inc.