Footnote Terms of Use

Effective as of January 1, 2007. Last updated on September 28, 2007.

Welcome to Our Service

Welcome to Footnote.com. Footnote.com is an Internet service that lets its users conduct historical research. Footnote.com has assembled, in digital form, a rich variety of primary historical resources, a vast archive that continues to grow. At Footnote.com, history is also interactive. Members may create Footnote Pages, and, using our tools, Members may annotate historical documents, provide commentary, and post their own historical documents for others to view. To contact us with comments or suggestions, visit the Contact Us page.

By Accessing This Site, You Agree to the Terms of This Agreement

By accessing Footnote.com, you signify that you have read, understood and agree to these terms and conditions (the "Terms of Service") and to the Privacy Policy, which is hereby incorporated by reference. You are legally bound by this agreement (the "Agreement"), which is between you and Footnote.com, its parent and its affiliates (collectively referred to as "Footnote.com," the "Website," the "Service," "we," "us" or "our"). You are bound by this Agreement whether you are a Visitor (a person who accesses the Website but does not register), a Member (a person who registers for free with Footnote.com), or an All-Access Member (a person who pays the required fees to view all the content on the Website). For purposes of this Agreement, Visitors, Members, and All-Access Members are collectively referred to as "Users." Footnote.com is owned by iArchives, Inc., a Utah corporation.

Footnote.com reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we make changes, we will post the new Terms of Service on this page and indicate at the top and bottom of this page the effective date of these Terms of Service and the date on which these Terms of Service were last updated. Your continued use of the Website and/or Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, please do not use or access the Website or the Service. It is your responsibility to review these Terms of Service regularly.

Accessing the Footnote.com Website

The Footnote.com Website is intended for adults over the age of 18, but children under the age of 18 are permitted to visit the site provided they adhere to all the conditions set forth herein. By accessing the Website, you affirm that you are either over the age of 18 or will adhere to the additional conditions required for those people under the age of 18.

If you are under the age of 13, you are not permitted to become a Member or complete any registration form on the Website. Children under the age of 13 may not publish any information on the Website or post any content on any page created by any other Member. With the permission of a parent or guardian, a child under the age of 13 may access portions of the Website that do not require registration. If we believe a Member profile has been created by a child under the age of 13, we reserve the right to delete the profile and terminate the Membership. If we believe a Member has permitted a child under 13 to publish information or post content in violation of these Terms of Service, we reserve the right to delete this profile and terminate this Membership. To learn more about the protections provided in the Children's Online Privacy Protection Act, go to www.ftc.gov/privacy/coppafaqs.shtm.

If you are 13 years or older but under the age of 18, you must ask a parent or guardian whether you may visit this Website before accessing the Website. Parents and guardians should be aware that historical documents sometimes contain disturbing and controversial images and content. If you permit a child view material on the Website or to publish information or post material under your Membership (even if the publishing or posting is permitted by these Terms of Service), you are strictly liable for the actions of the child under your supervision and will be deemed to release Footnote.com from liability relating to the child's actions to the extent permitted by law.

You may become a Member by registering for free and creating an account. You may become an All-Access Member by completing an application and creating an account. All-Access Membership is not free. Footnote.com offers several ways to pay for your All-Access Membership. By becoming an All-Access Member, you acknowledge and agree that Footnote.com will maintain your credit card information on file and will charge fees to the card according to the terms of the payment plan you choose. If you opt in for a payment plan that permits automatic renewal of your Membership, any renewal fee will be processed without further notice from Footnote.com.

You must provide accurate and complete information on any registration or application for Membership. You agree not to use the Website or the Service to impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Footnote.com immediately of any breach of security or unauthorized use of your account. Although Footnote.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as to us if your account is used in violation of these Terms of Service.

Members and All-Access Members have permission to post historical documents to the Website, to create Footnote Pages, to annotate historical documents and to post comments on Footnote Pages and on historical documents. They may also create a special profile that can be seen by other Users. All-Access Members have access to some collections of documents that are not available to Members.

The Website may contain links to websites owned and operated by third parties that are not owned or controlled by Footnote.com. Footnote.com has no control over and assumes no responsibility for the content, privacy policies or practices of any third-party website. Footnote.com cannot and will not edit or censor content on third-party websites, and you expressly release Footnote.com of any liability arising from your use of a third-party website. You should be aware of when you leave Footnote.com and read the terms and conditions and privacy policies of every website you visit.

User Conduct

Footnote.com hereby grants you permission to use the Website according to these Terms of Service. All Users, whether a Visitor, Member or All-Access Member, agree that they will use the Website for personal historical research only and not for any commercial purpose. Notwithstanding the previous sentence, professional researchers, professional historians and others conducting scholarly research may use the Website within the scope of their professional work. Footnote.com does not claim a copyright to images already in the public domain that it has then converted into a digital format. However, through agreements we have obtained, and may continue to obtain, certain images or documents that are protected by copyrights or that, even if in the public domain, are subject to restrictions on reuse. Unless such specific restrictions apply, we encourage Members to reproduce public domain images from the Website for their own personal use. By agreeing to these Terms of Service, however, you agree to limit your reuse and republication of such public domain images to small portions of the Footnote collection. For purposes of this paragraph, a "small portion" means a limit of no more than 200 images per year. If you republish public domain images, you agree to credit Footnote.com as the source of the digital image, unless additional specific restrictions apply. If you wish to republish more than a small portion of the Footnote.com collection, you agree to obtain prior written permission from us. Except as provided in this paragraph, you agree that (i)†you will not copy or distribute any part of the Website or the Service in any medium without Footnote.com's prior written authorization; (ii)†you will not alter or modify any part of the Website or the Service other than as may be reasonably necessary to use the Website or the Service for its intended purpose; and (iii)†you will otherwise comply with these Terms of Service.

All Users agree further that they will refrain from any behavior that is offensive or harmful to others or that harms Footnote.com. For example (and without limiting the previous sentence), you agree that you will not:

• use the Website to transmit, upload, post or link to any content that is libelous, defamatory, obscene, pornographic, sexually explicit, unlawful, threatening, abusive or vulgar; that is hateful or racially or ethnically objectionable; or that invades another person's privacy;
• post or publish any information that you know is false or misleading;
• impersonate any other person;
• share your Member password with any unauthorized person;
• permit a child under the age of 13 to publish information or post content under your Membership;
• post any content that violates the copyright or right of publicity or any other right of another person;
• download excessive numbers of images, print images in numbers far beyond what a reasonable person conducting serious research would need, and/or distribute images to non-Members other than as permitted in these Terms of Service;
• use Footnote.com to harm or solicit personal information from any minor;
• post or attempt to post advertisements or commercial solicitations;
• send, post or transmit a software virus or other computer code, files or programs designed to interfere with, disable or destroy the software, hardware or telecommunications equipment of another person; or
• launch any automated system, including without limitation "robots," "spiders," and "offline readers," that sends more requests to the Website than a human could reasonably produce in the same period of time; provided, however, that Footnote.com may allow some public search engines to use spiders to copy material for the sole purpose of creating publicly available searchable indices of the materials (but not caches or archives).

This list is not exclusive. Footnote.com prohibits Users or any other person from engaging in any activity that Footnote.com, in its sole discretion, determines is offensive, interferes with the rights of others, or causes harm to any person, including Footnote.com. Footnote.com reserves the right to terminate the membership of any user who violates this section of the Terms of Service, and such violation may result in the forfeiture of any and all fees that the User has already paid to be a member of the Service or any other fee. The preceding sentence shall not in any way limit any other remedy, legal, equitable or otherwise, that Footnote.com may pursue in the event of a breach of any section of this Agreement. Footnote.com also reserves the right to terminate the service of any user who violates any other section of this Agreement.

User Submissions

Members have permission to post content on the Website for others to view. Members may post their own historical documents, annotate historical documents, provide commentary on Footnote Pages or documents, and/or create profiles that can be seen by other Users. For purposes of this Agreement, these documents, annotations, comments and profiles are collectively referred to as "User Submissions." Footnote.com does not guarantee the confidentiality of any User Submission, whether or not it is published.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to post the User Submission and that you fully authorize Footnote.com to include the User Submission on the Website; (ii) you have the written consent, release, and/or permission of each and every living, identifiable person in the User Submission to use that person's name or likeness in the manner contemplated by the Website; and (iii) your User Submission does not violate any term of the "User Conduct" prohibitions above.

For clarity, you retain your ownership rights in your User Submissions. However, by submitting the User Submissions, you hereby grant Footnote.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website's business (and its successors' business), including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media format and through any media channel. You also hereby grant each User a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website.

You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Footnote.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You understand and acknowledge that you may be exposed to User Submissions and historical documents that are inaccurate, offensive, indecent, or objectionable. You further understand that you may also be exposed to User Submissions and historical documents that offend you personally but that Footnote.com, in its sole discretion, determines are not inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Footnote.com arising from the content of the User Submissions, historical documents or any other materials that can be viewed on the Website.

Users are strongly encouraged to notify us of any offensive, indecent, objectionable or pornographic material on the Website. Most pages containing User Content include a Flag, signified by an icon of a flag, which when clicked allows the User to send us an electronic message. We will remove any material that we, in our sole discretion, determine violates these Terms of Use, but we make no assurance that content you believe is offensive will be removed.

Copyright Policy

Footnote.com does not permit copyright infringing activities and infringement of intellectual property rights on its Footnote.com Website or the Service, and Footnote.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another's intellectual property rights. Footnote.com reserves the right to remove Content and User Submissions without prior notice. Footnote.com also reserves the right to terminate a User's access to the Website and Service if that person is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Footnote.com also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, without limitation, pornography, obscene or defamatory material, or excessive length. Footnote.com may remove such User Submissions or terminate a User's access, or both, for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification pursuant to the DMCA should be submitted to: Copyright Agent, c/o Footnote.com, 355 South 520 West Suite 175, Lindon, Utah, 84042, Phone: 801-494-6500, Fax: 801-494-6490, email: copyright@footnote.com. For clarity, only DMCA notices should go to this email address. Any other feedback, comments, requests for technical support, and other communications should be directed to Footnote.com's customer service through the Contact Us page. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

Our Intellectual Property Rights

Except as set out in this section, the content on the Website and the Service, including, without limitation, the text, software, scripts, graphics, pictures, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Footnote.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Footnote.com does not claim to own the copyright to User Submissions or to historical documents in the public domain. Users who post User Submissions grant to Footnote.com a certain license as set forth in these Terms of Service. (See User Submissions.) Footnote.com does not claim to own the copyright to images already in the public domain that Footnote.com has converted into a digital format. However, through agreements we have obtained, and may continue to obtain, certain images or documents that are protected by copyrights or that, even if in the public domain, are subject to restrictions on reuse. While the facsimile of the public domain document remains in the public domain, Users hereby contractually agree to treat all such documents in accordance with these Terms of Service, including, without limitation, the restrictions on republishing. (See User Conduct.) Users further agree to any special restrictions regarding use and reuse that may accompany any particular image, even if the image is in the public domain. Also, please be aware that images of documents that were created after January 1, 1923, may not be documents in the public domain (even though they are quite old) and may be subject to copyright protection. Footnote.com reserves the right to pursue any claim for a breach of any term contained in these Terms of Service. For more information about the protections that apply to any individual document or to learn more about publishing an image digitized by Footnote.com, please read the User Conduct section or send us a question directly by going to the Contact Us page.

All Content on the Website, whether protected by copyright, contract rights, or both, is provided to you AS IS for your information and personal use only as permitted through the functionality of the Website. Except as permitted by these Terms of Service, Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Footnote.com reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of Footnote.com Website or features that prevent or restrict use of copying of any Content or enforce limitations on use of the Website or Service or the Content therein.

A Special Caution for International Users

By accessing the Website, Users who are not citizens or residents of the United States living within its territories ("International Users") hereby agree that they will comply with all local rules regarding online conduct and acceptable content. International Users further agree that they will comply with any local law governing privacy in addition to the privacy laws of the United States when posting User Content. To the fullest extent permitted by law, International Users consent to the collection and transfer of Personal Information as set forth in our Privacy Policy.

Disclaimer of Warranty

YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICE SHALL BE AT YOUR SOLE RISK. THE WEBSITE AND SERVICE AND ALL CONTENT, DATA, MATERIALS, ADVERTISING AND DOCUMENTATION PROVIDED IN CONNECTION WITH THE WEBSITE AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, FOOTNOTE.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. FOOTNOTE.COM DOES NOT WARRANT THAT THE WEBSITE AND SERVICE WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE OR VIRUS FREE. FOOTNOTE.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FOOTNOTE.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL FOOTNOTE.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT FOOTNOTE.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE WEBSITE IS CONTROLLED AND OFFERED BY FOOTNOTE.COM FROM ITS FACILITIES IN THE STATE OF UTAH, UNITED STATES OF AMERICA. THOSE WHO ACCESS OR USE FOOTNOTE.COM WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. THIS LIMITATION OF LIABILITY WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE.

Indemnity

You agree to defend, indemnify and hold harmless iArchives, Inc., its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website and Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.

Other Important Terms of This Agreement

Ability to Accept Terms of Service

You affirm that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service. If you are under the age of 18, you affirm that you have the permission of a parent or guardian to access this site and have complied with all of the additional conditions set forth in these Terms of Service. In any case, you agree to abide by and comply with these Terms of Service.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Footnote.com without restriction.

No Third-Party Beneficiaries

You agree that, unless explicitly provided for in this Agreement, there shall be no third-party beneficiaries to this Agreement.

Jurisdiction; Entire Agreement; Other Terms

You agree that: (i) the Website and Service shall be deemed solely based in Utah and (ii) the Website and Service shall be deemed a passive website that does not give rise to personal jurisdiction over Footnote.com, either specific or general, in jurisdictions other than Utah. These Terms of Service shall be governed by the internal substantive laws of the State of Utah, without respect to its conflict of laws principles. Any claim or dispute between you and Footnote.com that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Salt Lake County, Utah. These Terms of Service, together with the Privacy Policy and any other legal notices published by Footnote.com on the Website, shall constitute the entire agreement between you and Footnote.com concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Footnote.com's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Footnote.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website and Services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

Time Limit on Legal Claims

YOU AND FOOTNOTE.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Effective Date

These Terms of Service are effective as of January 1, 2007 and were last updated on September 28, 2007.