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Terms of Use and Disclaimers

Before using this Web site, please read the Terms of Use set forth below. By using this Web site you agree to be bound by the Terms of Use and Disclaimer 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 Use

The following information is from a legal article summarizing two Federal court cases involving thumbnail images within search engines. Article Source:

Quote:

"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 of Appeals:

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:

  1. the purpose and character of the use including whether it is commercial;
  2. the nature of the work;
  3. the amount and substantiality of the portion used relative to the work as whole;
  4. 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 Act.

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 it.

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 hypothetical.”

So to conclude, the use of thumbnails is regarded as fair use in the USA."

Source: http://www.linksandlaw.com/news-update53-legality-thumbnails.htm

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.

Website Disclaimer

The information provided via this website, and through our search options, and in other sources to which it refers, is PROVIDED FOR INFORMATIONAL PURPOSES ONLY.

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 this website.

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 described therein.

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.

If you cannot agree to these terms of use concerning Third Party Websites found by you through our search services, you must exit OldCarCafe.com immediately.

Trademark

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.

Copyright Notice

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.

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Page Last Modified: 08/20/2011