1. ACCEPTANCE OF TERMS.
This website is owned and maintained by Datapages, Inc. (Datapages), a wholly-owned subsidiary of The American Association of Petroleum Geologists (AAPG), Tulsa, Oklahoma, USA. Datapages provides this online archive service to users subject to the following Terms and Conditions, which may be revised by Datapages from time to time without notice to any user of the website. The Terms and Conditions in effect on any particular date shall govern all users' use of the services provided by this website on that date. A user may review the most current version of these Terms and Conditions at any time at this website. By a user's use of any of the services provided by this website, the user acknowledges and agrees to abide by these Terms and Conditions.
2. DESCRIPTION OF SERVICE.
Datapages provides the user with non-exclusive 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 this website, which includes all Digital Files, is referred to herein as Content. Services provided by this website 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 this website 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.
3. PAY-PER-VIEW EXPIRATION & REPLENISHMENT.
This section pertains to the prepaid user accounts established for use within the online transactional Pay-Per-View program.
Expiration - Prepaid Search Credits are valid for 24 months from the original date of purchase. Free Promotional Search Credits (on special promotional cards) are valid for 90 days from the original date of issue of those credits.
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.
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 which own portions of the Content, including AAPG. With regard to information provided to Partner Organizations, 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 this website, 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 this website shall be for research purposes only, and any attempt to re-sell any part of the Content acquired through this website 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 this website. If a user's authorization to utilize this website 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 performed or distributed for profit or commercial advantage except with the prior written permission of AAPG, 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) the essence of a work, if the usage would be a substantial part of the 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 this website, 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 the AAPG Permissions Editor (firstname.lastname@example.org).
6. EXCESSIVE DOWNLOADING.
This online archive is provided for research purposes only, 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 by a user of numbers of files not associated with normal levels of search-and-retrieval activity may cause immediate suspension of a user account pending investigation by 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, such action will result in the permanent termination of the user's right to access the Content, 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 user's subscription fees and any prepaid and promotional search credits.
The user agrees to and shall defend, indemnify and hold each of Datapages and AAPG harmless from any claim or demand, including reasonable attorney's fees, made by any third party resulting from the user's use of the services provided by this website, any connection to the services, violation of these Terms and Conditions, or the user's violation of the rights of a third party when in any way associated or connected with this website. Neither Datapages nor AAPG is responsible for the accuracy of information contained in any downloaded 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 this website.
The user of this website assumes all responsibility and risk for the use of this website, its server, and the internet generally. The primary purpose of this website is to disseminate scientific information and is designed to provide accurate and authoritative information regarding the subject matter of the Content. It is provided with the understanding and the user agrees and acknowledges that neither AAPG nor Datapages, its wholly owned subsidiary, endorses or recommends any products or services that may be available in any way on or through this website or cited, used or discussed in AAPG copyrighted publications or in presentations at events associated with AAPG or Datapages.
9. LINKING DISCLAIMER.
Any links to a third-party website found within this website are provided solely as a convenience to the user. Neither Datapages nor AAPG has reviewed the contents of such third-party websites, nor does either of them 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 this website. Causes for such termination shall include, but are not limited to, (a) breach of these Terms and Conditions, (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 services provided by this website, (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 services.
The user acknowledges and agrees that these Terms and Conditions and all other matters in any way involving this website 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 involving this website 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.
For further information about Terms & Conditions please visit our website: (http://payperview.datapages.com), or call: (800) 364-2274 (toll-free in the USA & Canada). For those calling from other areas: (918) 560-9424, or write: Datapages, Inc., P.O. Box 979, Tulsa, OK 74101, USA.
This page is copyright © 2005, Datapages, Inc.