Hadeland Lag of America Website
Terms of Use Agreement
Approved by the Board of Directors January 2010
The Hadeland
Lag of America (“HLA”) presents the Content contained on the HLA Website
www.hadelandlag.org (“HLA Website”) for the purpose of educating the public
about the culture and heritage of Gran, Jevnaker and Lunner komunes (municipalities)
in Oppland Fylke (county), Norway and providing Members research tools and
Databases for researching family history.
An Individual becomes a Member of the HLA
by submission of the application
form and payment of dues in accordance with the by-laws of the
organization. The application form and
an on-line dues payment facility is available on the HLA website. All visitors to the HLA
website are subject to the following Terms and Conditions. By using the
HLA Website and/or Databases, visitors agree to be bound by the Terms and
Conditions set forth below.
1.
Content – refers to and means the words, images, video and other media
which are displayed on the HLA Website and Databases.
2.
Databases – refers to and means the data accumulated, recorded and/or
compiled by the HLA related to individuals who have immigrated to the
3.
Individual or Individuals – refers to and means any person or people who
use the HLA Website for any purpose.
4.
Member or Members – refers to and means any Individual who has paid the
required membership dues to the HLA and has received the benefits awarded to
Individuals who pay membership dues.
5.
Not-for-Profit Entity – means and refers to any business, organization or
any employee of any business or organization which does not distribute its
surplus funds or earnings to owners, partners or shareholders, but only uses the
surplus funds or earnings to advance the business’s or organization’s goals and
purposes.
6.
User – means and refers to any individual who accesses the HLA Website
for any purpose.
1.
The Content of the HLA Website is the exclusive property of the HLA or
has been licensed by the HLA.
2.
The HLA will, at times, publish Content on the HLA Website and or on the
Databases which is authored, or contributed, by a non-employee or volunteer of
the HLA. The HLA shall credit the non-employee or volunteer author for the work
in a manner that the HLA determines best achieves the purposes and goals of the HLA. The
Content published on the HLA website may include inaccuracies, typographical
errors, or other misprints. The HLA does not warrant the accuracy of any of the
Content, and provides all Content “As Is.”
3.
All Content on the HLA Website and in the Databases is updated as Content
is received.
6. The HLA
does not warrant the Content of the HLA Website or Database will be available at
all times.
III. THE LIMITED ACCESS ARCHIVE
1.
The HLA operates online-accessible Databases which contain genealogical
information related to people from the Hadeland area of
2.
Access to the Limited Access Archive is granted by the HLA only to
Members in good standing of the HLA.
3.
A Member who wishes to access the Limited Access Archive will be granted
a user-identification
4.
A Member shall not provide the Member’s user-identification or password
to any other person. A Member shall not allow another person access to the
Limited Access Archive for any purpose.
5.
A Member shall only use the Content contained in the Limited Access
Archive, including the Kontaktforum Emigrant Database (ISSN 2151-223X) for
the Member’s own family history research.
6.
A Member shall only download, save, store or print Content from the
Limited Access Archive which is directly related to the Member’s own family
history research.
1.
Any Individual who provides Content to the HLA grants the HLA a
non-exclusive, royalty-free license to use, publish, distribute in any manner and permit
authorized Users or Members to use the Content.
2.
The Individual grants to the HLA the right to modify the Content provided by
the Individual to achieve the purposes and goals of the HLA.
3.
The Individual warrants all Content provided to the HLA is not in violation
of the United States Copyright laws as provided in 17 U.S.C. §101 et seq.
4.
The Individual agrees to defend, indemnify and hold harmless the HLA, its
employees, directors, officers, and agents against any claim which may be
brought against any of them regarding the Content the Individual provided to the
HLA. The Individual shall be responsible for his/her own legal fees related to any
claim regarding the Content the Individual provided.
1. The
User agrees that
he/she shall not publish any Content from the HLA Website without receiving
prior written approval from the HLA Board of Directors. The HLA Board of
Directors reserves the right to deny any request for publication for any
purpose.
2.
If such Content is to
be published by a User, the User shall first submit a “Notification of
Intent to Publish.” The “Notification of Intent to Publish” must be approved in
writing by the HLA prior to such time as a User publishes the Content.
3. Any Content published in any medium must provide a conspicuous notification adjacent to the Content crediting the HLA. Any Content published on a website must, in a conspicuous manner, credit the HLA for providing the Content and provide the HLA Website link adjacent to the Content.
4. If any Content from the HLA Website or Databases is intended for use from which a profit could be made by the User or a third-party, the Member or User shall first submit a “Notification of Intent to Publish” and a statement indicating why the User requires the Content for potential profit-making purposes to the HLA Board of Directors prior to publishing any Content from the HLA Website or Databases. The HLA Board of Directors reserves the right to request a draft of the work in which the Content will be incorporated, prior to the User receiving written approval. The HLA Board of Directors reserves the right to deny any request for publication for any purpose, or require a separate Use agreement that includes specific stipulations and may include a payment schedule for use of the HLA Content. If a User receives written approval from the HLA Board of Directors permitting the User the right to publish the Content on any medium, the User must provide a conspicuous notification adjacent to the Content crediting the HLA.
5. Users who seek
approval to publish Content from the HLA Website should know that the HLA
typically only authorizes Members or Users who are Individuals and
Not-for-Profit Entities to use the Content in and on the HLA Website and
Databases for re-publishing purposes. Such Individuals and Not-for-Profit
Entities are typically only authorized to re-publish the Content from the HLA
Website and Databases for uses which advance the goals and purposes of both the
HLA and the Not-for-Profit Entity, or for the Individual's own non-profit making goals and
purposes.
1.
In the event a User fails to abide by the terms of this Agreement, or
otherwise breaches this Agreement, the HLA shall have the right to terminate
this Agreement.
2.
In the event a Member fails to abide by the terms of this Agreement or
otherwise breaches this Agreement, the HLA reserves the right to seek an
injunction against the Member prohibiting the Member from accessing the HLA
Website and Databases and from using any Content from the HLA Website and
Databases. The HLA further reserves the right to deactivate the Member’s
username and password.
3.
The HLA reserves the right to prohibit a Member from renewing membership
should the Member fail to abide by the terms of this Agreement.
4.
The HLA reserves the right to seek relief against a Member for violations
of the United States Copyright laws according to 17 U.S.C. §101 et seq.
5.
Termination of this Agreement pursuant to the terms and conditions
contained herein shall be without prejudice to the HLA’s other rights and
remedies at law or in equity.
6.
The rights stated above in the event of a breach of this Agreement are in
addition to all other rights of the HLA in law and in equity, and are expressly
reserved.
1.
This Agreement shall be interpreted and construed in accordance with the
laws of the State of
1.
Users and Members consent to the personal jurisdiction and venue of the
courts of the state of Minnesota and of the United States Court for the District
of Minnesota, and further consent to any processes or notice of motion or other
application to the Court or a Judge which may be served outside the state of
Minnesota by registered certified mail or by personal service, provided a
reasonable time for appearance is allowed.
1.
If any provision or any portion of any provision of this Agreement shall
be construed to be illegal, invalid or unenforceable, such provision or portion
thereof shall be deemed stricken and deleted from this Agreement to the same
extent and effect as if never incorporated herein, but all other provisions of
this Agreement and the remaining portion of any provision which is construed to
be illegal, invalid or unenforceable in part shall continue in full force and
effect.
2.
If any
provision or any portion of any provision of this Agreement shall be construed
to be contradictory to any portion or provision in a related agreement or a
counterpart to this Agreement, this Agreement shall control.
X. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties hereto with
respect to the subject matter hereof. No prior oral or written understanding
shall be of any force or effect with respect to those matters covered
herein. This Agreement may not be amended or modified except in a writing
signed by both parties.
XII. NON-WAIVER