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Terms & Conditions of Use

Digital Objects Limitations of Service

By using Judge George W. Armstrong Library's digital objects as provided and operated by Judge George W. Armstrong Library, user agrees to abide and be bound by this Agreement which includes all terms, conditions, provisions and applicable usage guidelines related to the website. Judge George W. Armstrong Library may modify or terminate services from time to time, for any reason, and without notice, without liability to any user or third party.

The Library also reserves the right to modify the Conditions of Use from time to time without notice. Any modifications and revisions are effective immediately upon publication on this web page. By using Judge George W. Armstrong Library's digital objects, the user agrees to be bound by such modifications and revisions. User's continued use after any change indicates acceptance of any changes. Users who wish not to be bound by any change must discontinue use of Judge George W. Armstrong Library's digital objects immediately. Users are reminded to review all conditions of use from time to time in order to be appraised of any changes.

Judge George W. Armstrong Library disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed in digital form. The Library disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or materials except as determined by a separate written use agreement and payment of appropriate fees. The Library disclaims any responsibility for any harm resulting from downloading or accessing any material on the Internet. See also Advisory section.

Judge George W. Armstrong Library's digital objects are provided "as is," with no warranties whatsoever. Judge George W. Armstrong Library expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Judge George W. Armstrong Library disclaims any warranties regarding the security, reliability, timeliness, and performance of the Judge George W. Armstrong Library's digital objects. Judge George W. Armstrong Library disclaims any warranties for any information or advice obtained through use of Judge George W. Armstrong Library digital objects. Judge George W. Armstrong Library disclaims any warranties for services or goods received or advertised through Judge George W. Armstrong Library's digital objects or web sites. Judge George W. Armstrong Library disclaims any warranties for any information or advice, services, or goods received through or advertised on any links provided by Judge George W. Armstrong Library web sites.

The user understands and agrees that any downloading or obtaining of material or data through the use of Judge George W. Armstrong Library's digital objects is done at the user's own discretion and risk. The user will be solely responsible for any damages to computer systems or loss of data that results from the download of such material or data. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to all users. Users may also have other rights that vary from state to state and jurisdiction to jurisdiction.

Limitation of Liability

Under no circumstances shall Judge George W. Armstrong Library, its staff, officers, agents, trustees or other representatives, be liable to any user on account of that user's use or misuse of or reliance on the Library's digital objects, arising from any claim relating to this agreement or the subject matter hereof. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if The Library has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Library's digital objects, from inability to use the Library's digital objects or from the interruption, suspension, or termination of the Library's digital objects (including such damages incurred by third parties). This limitation shall also apply with respect to damages incurred by reason of other services or goods received or advertised through the Library's digital objects or received through any links provided by the Library's digital objects, as well as by reason of any information or advice received through or advertised through the Library's digital objects or received through any links provided by the Library's digital objects. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of the digital objects or any information or merchandise that appears on, or is linked or related in any way to, the Judge George W. Armstrong Library's digital objects. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. Without limiting the foregoing, under no circumstances shall Judge George W. Armstrong Library be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Approved Uses

Users are reminded that Judge George W. Armstrong Library provides digital objects for non-commercial educational, personal or scholarly purposes. Users may not otherwise copy, reproduce,re transmit, distribute, publish, commercially exploit or otherwise transfer any material without prior written approval and payment of appropriate fees.
The burden of determining that use of any information, software or any digital objects on the website is permissible rests with the user. Transmission or reproduction of protected items beyond that allowed by fair use requires the written permission of the copyright holders. For further information, please see the Copyright section below.
Deep Linking: Users may link to the Library's site for noncommercial purposes, however users are not permitted to link or shortcut to any digital object or any other page than the Judge George W. Armstrong Library home page at http://www.armstronglibrary.org.
Framing: Users may not frame or otherwise host any portion of Judge George W. Armstrong Library's digital objects or web pages within any other website without written permission in advance from Judge George W. Armstrong Library. Users may not place any part of Judge George W. Armstrong Library's digital objects within a frame, page, or portion of a page on any other website without written permission in advance from Judge George W. Armstrong Library and payment of appropriate fees.
Harvesting: Any harvesting of Judge George W. Armstrong Library's digital objects, either manually or by automated means, for use in other web sites or in any other products, is expressly forbidden. Judge George W. Armstrong Library and Brooklyn Daily Eagle Online graphic elements and the contents of this website and database, excluding materials that are in the public domain, are copyright © Judge George W. Armstrong Library 2003.
No Commercial Use: Using BPL's digital objects for commercial purposes without the Library's official prior written permission and payment of associated fees, is illegal.

Advisory

Judge George W. Armstrong Library provides access to a broad range of historical resources, including the Brooklyn Daily Eagle Online and digitized photograph collections. Some of these materials may contain offensive language or stereotypes. Such materials should be viewed in the context of their relevant time periods. All historical media are presented as specific, original artifacts, without further enhancement to their appearance or quality.

Copyright and Other Rights Issues

In many cases the Library only holds the physical rights to images and other materials in its collections. The copyright law of the United States (Title 17, U.S. Code) governs the making of photocopies or any other reproductions of copyrighted materials. The Library may provide access to third-party electronic content. Those resources are subject to Terms and Conditions as provided by the owners.

Judge George W. Armstrong Library is not responsible for the improper or illegal use of any copies of materials from its collections. It is the user's responsibility to guard against the infringement of rights that may be held by others and for clearing reproduction rights and copyright restrictions. Copyright and credit information for the Library's digital objects is provided if known. The Library provides such information as a service to aid customers in determining the appropriate use of an item, but that determination ultimately rests with the user. It is the user's obligation to determine and satisfy copyright or other use restrictions when publishing or otherwise distributing materials from the Library's collections.

Use of materials found in the Judge George W. Armstrong Library's collections, including digital objects, might raise issues of the subject's right of privacy or to control the use of their image. Users are solely responsible for determining whether their use of any digital object requires the permission of any other person or entity and are responsible for paying any associated fees. Users with further questions about the legal issues surrounding the use of digital objects should contact an attorney.

Any copyright owners or other interested parties who are not properly identified may contact the Brooklyn Collection of the Judge George W. Armstrong Library, so that appropriate information may be provided in the future. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act in an appropriate manner under such Act and other applicable intellectual property laws, including the removal or disabling or access to material claimed to be subject of infringing activity. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), the Judge George W. Armstrong Library is the designated agent for notice of alleged copyright infringement appearing on our site. Direct any notices of infringement to the Brooklyn Collection staff. To file a notice of infringement with us, you must fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office Website, http://www.copyright.gov.

Personal Information

Judge George W. Armstrong Library may gather data about users of Judge George W. Armstrong Library's digital objects for internal, statistical purposes and in order to improve our service to the public. The Judge George W. Armstrong Library reserves the right to contact users of the Library's digital objects directly in order to improve customer service. While Judge George W. Armstrong Library may share summaries and analyses of combined user demographics, traffic and usage patterns with third parties, such data-groupings are always anonymous and thus contain no specific names, contact information, credit card information or any other individual data. In such cases, even these anonymous, gathered statistics are shared with only our sponsors or business partners. Judge George W. Armstrong Library does not sell, rent, exchange, share or otherwise provide personal information to other people, companies or entities, without the express permission of the user.

Proprietary Rights

Judge George W. Armstrong Library specifically retains any rights to its digital objects, including any possible copyright, which it may have in data, files, and/or the images they contain. Use, reproduction, copying or redistribution of trademarks or other proprietary materials of Judge George W. Armstrong Library, without the prior written permission of Judge George W. Armstrong Library is prohibited.

Choice of Law and Forum Selection

By entering the Judge George W. Armstrong Library's web sites and using the Library's digital objects, user is agreeing that any dispute arising out of or relating to these terms or any content posted by Judge George W. Armstrong Library on their sites, including copies and republication thereof, whether based in contract, statutory or other law, will be governed by the laws of the State of Mississippi, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of an exclusive venue in the federal and state courts located in and serving Adams County, Mississippi as the legal forum for any such dispute and waive any objections to venue of any such litigation in courts located in Adams County, Mississippi and agree not to plead or claim that Adams County, Mississippi, is an inconvenient forum.

Questions

If you have any questions about this User Agreement, contact the Judge George W. Armstrong Library staff. In addition you may visit our Frequently Asked Questions page for answers to commonly asked questions.  If you do not agree with these Terms and Conditions, you may not use or access the Judge George W. Armstrong Library's digital objects. Judge George W. Armstrong Library reserves the right to change this User Agreement at any time without notice.

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