Use and Disclaimers
Before using this Web site, please read the Terms
of Use set forth below. By using this Web site you
set forth by OldCarCafe.com. If you find the Terms
of Use & Disclaimer to be unacceptable, you must
EXIT OldCarCafe.com immediately.
No Representations Or Warranties
INFORMATION ON THIS WEB SITE IS PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. BY USING THIS WEBSITE
YOU HEREBY WAIVE ALL SUCH WARRANTIES.
Users of this Web site should not rely upon opinions/information/news
discovered by or expressed at this Website when making
decisions related or unlrelated to purchasing a car,
car parts or any related items. Furthermore, we do
not endorse the opinions of third parties expressed
on this website or found through it's search results.
Disclaimer to Thumbnail Images within our
Search Results Page
Like any standard search engine, OldCarCafe crawls
and indexes information for users in much the same
way as other search engines such as Google, MSN, ASk,
and countless others. Our search engine works in much
the same way as they do.
OldCarCafe makes no claim of ownership over
the thumbnails presented in our search results
and they are the property of their respective owners.
Like other search engines, OldCarCafe presents this
information to users and search visitors who in this
case, may happen to be potential buyers and researchers
for old cars. It is our sincere goal to help
connect buyers and sellers of old cars who
love and cherish these vehicles. It is not our intention
or desire to cause harm by presenting this information
in our search results and the use herein is considered
for editorial and research purposes.
Thumbnail Images in Search Results as Fair
The following information is from a legal article
summarizing two Federal court cases involving thumbnail
images within search engines. Article
"According to several
cases and rulings in US court, the use of thumbnails
within search engines are NOT a violation of copyright
laws and fall under the guidelines of 'Fair Use."
According to a legal summary of several key
US court decisions in the Ninth Circuit Court
Section 107 of the U.S. Copyright
Act provides that fair use of a copyrighted
work "for purposes such as criticism,
comment, news reporting, ... or research"
is not a violation of the Copyright Act.
In order to determine what constitutes
fair use in a particular case, a court has
to consider four nonexclusive factors:
- the purpose and character of the use including
whether it is commercial;
- the nature of the work;
- the amount and substantiality of the portion
used relative to the work as whole;
- the effect of the use upon the potential
market for or value of the work.
No single factor is determinative.
In two cases (Kelly v. Arriba Soft Corp.,
280 F.3d 934 (9th Cir. 2002), full text also
available at: http://www.linksandlaw.com/decisions-106.htm
and Perfect 10 v. Google, full text
also available at: http://www.linksandlaw.com/news-update50-perfect-ten-appeal.htm)
the Ninth Circuit held that
seach engines' reproduction of images for
use as thumbnails is fair use under the Copyright
First factor: Thumbnails
create a different purpose for the images.
They are not used in an aesthetic manner.
Instead they help index and improve access
to images on the Internet and thus provide
a new and transformative use of the images.
The use does not stifle artistic creativity
or in any way supplant the originals. Thumbnails
are of poorer quality. They lack the resolution
of regular-sized images. Any enlargement would
result in a loss of clarity of the image.
Due to the highly transformative use, the
commercial nature of search engines doesn't
warrant another result, no matter of the precise
business model (ads on the result pages in
the Arriba case, AdSense on the linked-to-sites
in the Google case).
Second factor: Even if the
images are creative in nature, the second
factor only slightly weighs in favor of the
copyright holder, because they have already
been published on a web site. The court noted
that published works are more likely to qualify
as fair use because the first appearance of
the artist's expression has already occurred.
Third factor: Although search
engines copy the entirety of each image, this
is the amount necessary in order for its users
to recognize the image and to achieve the
objective of providing an effective image
search. So this factor favors neither side.
Fourth factor: The use of
thumbnail images does not harm the copyright
holders ability to sell or license them. There
will be no negative consequences for the market
for full-size images. Much to the contrary:
By showing the thumbnails on its result pages
when users enter terms related to a copyright
holder's image, a search engine would guide
users to their website rather than away from
According to a California court (Perfect
10 v. Google, Inc., 416 F. Supp. 2d 828 (C.D.Cal.
2006), full text at: http://www.linksandlaw.com/decision-163-perfect-10-pictures-google.pdf)
this factor weighs in favor of a copyright
holder, if there is also a market for smaller
sized images. In this case the plaintiff asserted
that the reduced size images had commercial
value, because he sells them for display on
cell phones. The Ninth Circuit did not agree:
“The district court did not make a finding
that Google users have downloaded thumbnail
images for cell phone use. This potential
harm to Perfect 10’s market remains
So to conclude, the use of
thumbnails is regarded as fair use in the
Disclaimer over External Trademarks
This site refer to a number of brands which are covered
by intellectual property laws including trademarks.
This includes Chrysler, Dodge, Plymouth, Chevrolet,
Ford, DeSoto, AMC, Buick, Hudson, Nash, Packard, Lincoln,
GMC, Studebaker, Kaiser. Mercury, Oldsmobile, etc..
OldCarCafe.com makes no pretentions regarding ownership
of these trademarks and is not affiliated with any
of the owners of these trademarks. OldCarCafe.com's
use of these trademarks is journalistic and research
in nature only, similar to newspaper and magazine
articles discussing these products and organizations.
ALL Registered Trademarks by Automobile manufacturers
for the Marquee and Model cars are registered and
owned by their respective owners.
It is not the intention of OldCarCafe.com to violate
or disrupt any trademark associated with the cars
covered in our search engine. We are an enthusiast/hobby
search engine who deeply appreciates these old cars
and aim to connect buyers and sellers who also appreciate
these classic automobiles.
The information provided via this website, and through
our search options, and in other sources to which
it refers, is PROVIDED FOR INFORMATIONAL PURPOSES
OldCarCafe.com disclaims any and all responsibility
or liability for the accuracy, quality, validity,
timeliness, content, completeness, legality, reliability,
or operability or availability of information or material
displayed on our website and in our search results.
OldCarCafe.com is not responsible for the actions
of buyers or sellers who have vehicles displayed on
If you cannot agree to this Disclaimer, you are not
permitted to use this website and should exit immediately.
Search Results and Links to Third Party Websites
OldCarCafe.com and our results pages contain links
to other websites. These websites are beyond the realm,
influence, and control of OldCarCafe.com. We make
no representation or warranty as to the accuracy,
value, integrity, completeness or authenticity of
the information or opinions contained in any such
web site linked to by OldCarCafe.com or discovered/found
and produced in our search result pages and shall
not in any manner be construed as an endorsement by
us of that website, or of the products or services
By using our website and search services, you assume
responsibility and hereby disclaim OldCarCafe.com
from all responsibility and/or damage sustained by
your visitation of these Third Party Websites.
Third Party Websites found by you through our search
services, you must exit OldCarCafe.com immediately.
OldCarCafe.com is a Trademark owned by Jason L Morrow.
It can be freely used by others to promote OldCarCafe.com.
Other unauthorized uses of our logos will be judged
on a case by case basis with the appropiate action
or nonaction resulting. Other Trademarks and Logos
found on this website and through/by our search service
are the property of their respective owners.
OldCarCafe.com is subject to the protection of the
copyright laws of the United States and other countries.
You may not reproduce any part of this website without
the prior written permission of OldCarCafe.com. This
includes search result pages which cannot be copied
and altered to represent your own property.
Use of OldCarCafe.com Services and Scripts
OldCarCafe.com and it's search services CANNOT BE
USED FOR UNLAWFUL PURPOSES. Users of this website
acknowledge and understand that unlawful uses of this
website and it's services WILL result in action which
may include civil and/or criminal legal challenges
as well as termination of services and public announcement
of such unlawful activities.