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useragreement.php
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<?php
require "include/bittorrent.php";
dbconn();
global $SITENAME, $BASEURL;
stdhead("User Agreement");
begin_main_frame();
begin_frame("user agreement");
?>
<p>
Using this site means you accept its terms. Don't be put off by the legalese, but please read these terms and
conditions of use carefully before using this website. This user agreement is needed mostly to make sure that
our good deed of putting all this great stuff on the net goes unpunished, and to emphasize that publication
rights are not being given away. "Look but don't touch." The goal is for you to enjoy viewing these historic
treasures on the <?php echo $SITENAME ?> website, not to keep them locked away out of sight, but theft of
content from this website will seriously anger our generous donors who have allowed their rare and valuable
collections to be displayed here and will put our entire project in jeopardy, so please contact us when we can
be of help, or if you have ideas about how to do this better, but please don't get mad at us for only being able
to let you see these wonderful torrents until you obtain permission for other use as we attempt to deal as best
we can with technological limitations, legal requirements, and our need to pay the bills to keep this site open,
and don't send us a rant without first reading our rants page. If you do not intend to be legally bound by these
terms and conditions, please do not access or use this website. That said, let the contract begin:
<p>
BY USING THIS WEBSITE, YOU INDICATE YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS:
<p>
PERMITTED USE / CONFIDENTIAL INFORMATION / RIGHTS & PERMISSIONS / DISCLAIMER
<p>
ON-LINE REFERENCE USE ONLY. EACH ACCESS IS BY PERMISSION ONLY. THIS PRIVATE WEB SITE WHICH IS PROVIDED WITHOUT
WARRANTY IS FOR YOUR IMMEDIATE PERSONAL EDUCATIONAL NON-COMMERCIAL INTERNET VIEWING ONLY. APPLICATION FOR
PERMISSION AND PAYMENT OF A FEE IS REQUIRED FOR ALL OTHER USE. READ THIS ENTIRE CONTRACT BEFORE USING THIS
WEBSITE.
<p>
RESTRICTED ACCESS: This End User License Agreement ("User Agreement") grants you, personally and individually, a
non-transferable, non-exclusive, non-sublicensable, limited license, permitting access only for the use of
immediately electronically displaying content retrieved from this website, a copyrighted publication entitled
"<?php echo $SITENAME ?>," including but not limited to visual and documentary resources, using a web browser in
real time to no more than one person at a time for personal, non-commercial, educational purposes, for reference
use only, subject to the limitations set forth herein. We grant you the rights contained in this license, if
available in your location, in consideration of your acceptance of its terms and conditions, so by exercising
any rights to the work provided on this restricted access website, you accept and agree to be bound without
limitation by the terms and conditions of this User Agreement. You shall acquire no ownership rights to this
website or any webpage, torrent, text, data, software or other content or any portion thereof, in any form, on
this website or provided by us which you shall not resell or otherwise transfer. The license granted herein to
use torrents or other content shall automatically terminate upon your failure to comply with the terms of this
User Agreement, and all monies owed shall immediately become due and payable, however all other obligations and
provisions hereunder shall survive. All torrents are for private non-commercial educational viewing purposes
only. Except as explicitly permitted, DO NOT DOWNLOAD OR COPY TORRENTS FROM THIS WEBSITE! Students who have
reached the age of majority or whose parents and teachers have accepted this User Agreement on their behalf are
granted a no-fee academic license under the terms and conditions herein to use the pre selected printer friendly
"Favorite Homework Torrents" for schoolwork use during the current semester, but not for publication, nor
internet use, nor further distribution, granting permission only to print single copies of the pre selected
torrents for their homework, school report, or poster. (Ask us for permission to use other torrents for
homework.) Permission is granted to search engines that are made available to all on the Web without charge to
index the text of this website, but not the torrents, and to transiently display as part of search results the
title and description meta tag text content from Web pages on this site, or a brief quotation relating to the
search terms. Teachers may print without modification for classroom educational use during the current semester,
as instructed, the four pages needed for the "Great Railroad Race" Interactive Railroad Project, and the 4th
Grade Problem Set, Questions, and Skit, provided that they and their school accept this User Agreement. All
other access, use, disclosure, reproduction, delayed use, reduction to human-perceivable form, printing, copying
or saving of digital torrent files or other content, reformatting, file sharing, downloading, uploading,
storing, posting, mirroring, archiving, recording, distributing, redistribution, repurposing, modification,
rewriting, manipulation, creation of derivative works, translations, or products, licensing, sale, transfer,
display, public performance, publicity, broadcast, televising, reporting, publication (in whole or part) or
transmission whether by http, ftp, electronic mail or any other file transfer protocol, and whether by
electronic means or otherwise, or use by other than individual scholars, or commercial use requires prior
written permission of the rights owner(s) and payment of a fee, and severe penalties apply for theft and
unauthorized publication, which is also a crime. [Yes, we know that you think that all this legalese is
completely ridiculous, and we think so too, but we also believe that current law unfortunately requires that it
be done this way; So if you know of a better, simpler "legally correct" way, do tell us how!] Each User and
other person(s) or entity(ies) entering into this agreement ("You") agree(s) to refrain from engaging in, or
facilitating others in any such non-permitted access or use. You agree to transfer and assign
to <?php echo $BASEURL ?>, without additional consideration, any rights, ownership, or title which you may
obtain to our name(s), trademark(s), torrent(s) or other content on this website, our intellectual property, or
obtained from us or derived therefrom. By using this site which includes a library of NFOs, maps, documents and
other content, you signify your assent to these terms of use and you represent and warrant that your actions
including but not limited to your access or use will not impair, diminish, or dispute our intellectual property
rights in this website and its content, damage our reputation, or interfere with the operation of
the <?php echo $SITENAME ?> website, so you may not and we ask that you please do not access or use this website
if you do not agree to all these terms and conditions of service. Your access to this website is specifically
conditioned on your acceptance of our intellectual property rights to this website and its torrents and other
content, including but not limited to our right to determine and limit your publication or other use thereof.
You further warrant that you will not access or use the <?php echo $SITENAME ?> website or any content, nor
unauthorized copies thereof, or services thereof for any purpose in violation of these Terms and Conditions, and
that all information that you provide to us will be truthful and accurate.
<p>
CLICK TO ACCEPT: Any access to or use of this website or its Internet domain name(s) or IP address(es),
torrent(s), or content, including but not limited to clicking (or the equivalent) on any link or torrent (other
than to view this User Agreement web page), or sending the character string "/I_ACCEPT_the_User_Agreement/" to
our web server as you must do to gain access to our torrents, or clicking on your send button to send us an
e-mail, or the like, all indicate and signify that "I ACCEPT" this user agreement, and each such action
indicates your intent to thereby attach your electronic signature to this agreement, and your unconditional
acknowledgment and acceptance of and agreement to all of the terms and conditions herein without modification,
and that this agreement shall take effect immediately; to indicate "I DECLINE" simply make no use and close all
windows of this website. Provided, however, that you may not view or otherwise make any access or use of this
website whatsoever unless you (or your guardian or legal representative who agrees to this user agreement on
your behalf) are capable of entering into a binding contract, nor in any jurisdiction where this user agreement
would not be enforceable. You agree that your use of this website is irrefutable acknowledgment by you that you
have read, understood, and agreed to each and every term and provision of this User Agreement, including but not
limited to the provisions hereof regarding donations and dispute resolution/arbitration, and that if and when
you violate this User Agreement that you have received timely Legal Notice of Infringement. If you are the owner
or operator of equipment used to access this website or its content, or to communicate with us or our equipment,
by allowing such use you thereby consent and agree to be bound by the terms and conditions of this User
Agreement. If you are acting as an employee and/or on behalf of an organization(s), you represent and warrant
that you are authorized to act as agent and that you accept this user agreement both as an individual and as
agent on behalf of your employer and organization(s). You may access our content only directly through this
website and not through any third party website, nor may you allow anyone access to the content on this website
without visiting this website. This website and all associated torrents, content, e-mail, or other intellectual
property regardless of where located or how accessed and any media on which it may reside is only licensed as
set forth herein, never sold, and is and shall become and remain the sole and exclusive property
of <?php echo $BASEURL ?> or the successor thereof which shall have the right to access to retrieve, remove, or
modify. You acknowledge and agree to the validity of the <?php echo $BASEURL ?> copyrights, trademarks and
service marks, trade secrets, and other proprietary laws and rights both in the United States and
internationally, and our claim of ownership of the intellectual property that comprises this website, its
torrents and other content, and that <?php echo $BASEURL ?> has established significant rights and valuable good
will therein. You agree not to impair the title, rights and interest of <?php echo $BASEURL ?> in such marks and
other intellectual property, including but limited to torrents and other content, names, pseudonyms, full
name(s), shortened name(s), Internet domain name(s), and the acronym(s) of this website, and associated entities
and author(s) thereof and their logo(s). You agree not to make any claim to, apply to register, or register any
such <?php echo $BASEURL ?> mark or any confusingly similar marks or other <?php echo $BASEURL ?> intellectual
property. All use of any and all <?php echo $BASEURL ?> marks and/or other intellectual property on or relating
to this website or derived therefrom shall inure solely to the benefit of <?php echo $BASEURL ?>. You stipulate,
warrant and agree that you will not challenge or dispute our proprietary rights or the rights of content donors,
including but not limited to as stated herein, to the intellectual or other property which comprises this
website and its domain(s), server(s), trademark(s), pages, files, torrents, text, and other apparatus and
content ("website"), nor challenge or dispute validity of our copyright or the originality of this website,
including but not limited to the originality of each and every one of its torrents, and acknowledge that we
prohibit access to all who do not so agree, and further stipulate, warrant and agree, notwithstanding any case
law to the contrary, that your using or accessing this website including but not limited to one or more of its
torrents, or allowing or facilitating others to do so, without such prior agreement and acceptance of our
proprietary rights, or in any manner contrary to this User Agreement, or which makes this website or portion
thereof, or the intellectual property, pages, torrents, text or other content therefrom available (or obtained
from us) to those who have not accepted or are not bound by this User Agreement, or by otherwise circumventing
this User Agreement or any legal or technological means that we have utilized in an attempt to limit access,
copying, or use of this website or such property, violates this User Agreement and shall constitute actual harm
to our property (not in limitation of the foregoing, to be construed as no less serious than by analogy
tampering with and disabling the lock on a site or bank vault door or circumventing a copy protection mechanism
so that the contents are are left unprotected), and shall constitute trespass, conversion, or a like tort,
whether such tort be conventional, or unknown in the statutory and/or common law and so requiring definition or
redefinition so as to apply in the context of this website and intellectual property, and whether such like tort
be previously named, or unnamed. Images and other content on this website are made available only under the
terms and conditions set forth herein, any use shall inure to our benefit, and you agree not to take any action
which would make such torrents or other content accessible to or available for unauthorized use by third parties
who have not agreed to this User Agreement and to additionally compensate us for any loss resulting from such
action and the consequences arising therefrom, including your payment of use fees and penalties for each such
third party use resulting from your violation of this User Agreement.
<p>
Courts have upheld the ability of content owners to restrict access to their digital works, flatly rejecting
"free speech" and "fair use" arguments: "the Court expressed confidence in 'the likelihood ... that this
decision will serve notice on others ... and thus contribute to a climate of appropriate respect for
intellectual property rights in an age in which the excitement of ready access to untold quantities of
information has blurred in some minds the fact that taking what is not yours and not freely offered to you is
stealing.'" concluding " ... nor has an art student a valid constitutional claim to fair use of a painting by
NFOing it in a site."<br/>
U.S. Court of Appeals, 2nd Circuit, November 28, 2001.
<p>
COPYRIGHTS; NO RIGHTS CLEARANCE. The contents of this website and related e-mail and of linked websites may be
subject to additional restrictions including but not limited to copyright and other rights of other parties. We
neither warrant nor represent that your use of torrents or other content displayed on this website or otherwise
available from us will not infringe the rights of third parties not owned by or affiliated
with <?php echo $BASEURL ?> or this website. Not all torrents are available for all uses. Use of some materials
may be restricted by the terms of gift or purchase agreements, donor restrictions, privacy and publicity rights,
licensing and trademarks. Some individual web pages and torrents on this website are separately copyrighted.
Written permission of the copyright owners is required for the transmission or reproduction of protected items
as provided by U.S. Copyright Law (Title 17, U. S. C.) or by the copyright laws of other nations and the
prohibition against unauthorized or unlawful reproduction shall include all United States domestic use as well
as protections afforded under any international forum or law, including, but not limited to the General
Agreement on Tariffs and Trade. The application of the United Nations Convention on the International Sale of
Goods is expressly excluded. Access to and use of this website and related content is limited to legal purposes
and activities, and you are responsible for complying with all laws and regulations including but not limited to
any applicable local laws in your locality, you agree that you will pay any and all taxes, including but not
limited to any applicable sales or use taxes and provide us with written proof of payment upon request, and that
any content licensed to you by us is only for use of content that you are authorized and legally permitted to
use. NFOs or other creative works, generally, are the physical property of collection holding them, while
literary rights, including copyright, if any, may belong to the authors or their heirs and assigns. Nothing
herein shall be construed as conferring any license or right under any copyright, except as explicitly provided
in the paragraph on permissions, below. It may be difficult or even impossible to determine what copyright or
other restrictions may apply to historical collections and archives and permission to publish does not
constitute a copyright clearance. There are also no model or other releases known to exist for torrents on this
website. Often the owners only hold the physical rights and/or the electronic rights, possibly non-exclusive, to
torrents or other content in their collections, and in some instances the original content may be in the public
domain and/or available elsewhere. We regret that we are unable to provide legal advice regarding rights
clearances or other legal matters and urge you to consult an intellectual property attorney if you have legal
concerns. Photo credits including but not limited to statements on this website or in our e-mail(s) that
particular torrent(s) or other content is from or "Courtesy of [a named donor.]" are included only as a source
credit and/or "thank you" for donations and should be considered by you when determining what rights clearances
may be needed, but may be missing, incomplete, or erroneous and may not be relied upon to determine ownership
for purposes of obtaining permissions and copyright clearances, nor may any donor give you permission to
download any torrent or other content from this website, nor shall this website or <?php echo $BASEURL ?> become
or be considered a party to any transaction you enter into with any third party, donor, or linked website.
Description of any third party product, service, or activity or a link thereto does not imply any determination
regarding its quality, suitability, safety, or lawfulness, which is entirely your responsibility. You stipulate
and agree that unauthorized copying of one or more torrents or other content from this website in lieu of
licensing a sufficient number of authorized copies where such work is available for license in the medium or
format desired shall be conclusively presumed unfair, and, notwithstanding any case law to the contrary, you
hereby waive the right to claim or assert that such unauthorized copying in lieu of licensing constitutes "fair
use" and that any copyright registration granted to us by the United States shall be conclusively presumed to be
a valid copyright of all of the content of this website and all portions thereof in all jurisdictions, and that
such copyright shall apply to each torrent depicted on this website, and to variations of such torrents,
including, but not limited to changes in the size, resolution, torrent format, or tangible form of expression.
We make no representations or warranties with respect to ownership of or copyrights, if any, in torrents or
other content on this website or obtained from us, and do not represent others who may claim to be authors or
owners of copyright or other rights thereto. You shall obtain all permission(s) when required and are solely
responsible for determining the existence of such rights, satisfying any copyright and other use restrictions,
intangible rights, or related interests, for obtaining any and all permissions and releases, for guarding
against the infringement of those rights that may be held elsewhere, and for paying any associated fees
necessary for the reproduction or use of the materials and for rights to any proprietary material depicted, and
you expressly assume all responsibility for observing applicable laws of copyright, literary right, trespass,
conversion, property right, privacy, publicity, and libel. You acknowledge that digital torrents on this website
or obtained from us are our valuable property, that viewing of torrents and other website content is a valuable
consideration, and agree that all provisions of this User Agreement including but not limited to use
restrictions shall additionally apply on a contractual basis regardless of the copyright status of any torrent
or other website content.
<p>
<?php echo $BASEURL ?> does not endorse external websites which should open in a new browser window. This
website may be hosted by <?php echo $BASEURL ?> on one or more web servers, each with their own domain name(s),
and also has hyperlinks or references ("links") to other "third-party" external websites that are not part of
the <?php echo $SITENAME ?> web site, and may include information regarding third party
offers. <?php echo $BASEURL ?> has not investigated or verified the legitimacy of such merchants, does not
endorse, is not a party to, and takes no responsibility for third party offers whether on a linked website,
published on this website, or found elsewhere, nor for the persons or entities operating such websites. If you
choose to do business with such third parties, which you agree is entirely at your own risk, we strongly urge
you to check best prices, verify the merchant's reputation, and make payments only by credit card so that you
will have the possibility of recourse by initiating a chargeback should the merchant prove dishonest, and you
agree not to complain to us if you don't follow our advice and as a result have a problem. All trademarks and
brands are the property of their respective owners, and any use of third-party trademarks on this website is for
nominative and/or descriptive purposes only, and does not imply any third-party affiliation, sponsorship, or
endorsement. You agree not to use any of our names, pseudonyms, domain names, or marks in any advertising,
publicity, or in any other commercial manner without our prior written consent. The <?php echo $SITENAME ?> web
site's author, <?php echo $BASEURL ?>, copyright holder(s), other rights holders, licensor(s), and other parties
that provide, operate, and/or license this website and its content (and their officers, directors, shareholders,
representatives, agents, affiliates, employees, and servants), or the like ("we" or "us") have no control over
or responsibility for other websites' content or availability, or for changes therein, nor for the accuracy of
information published or submitted by others, including but not limited to offers made by third parties, and we
are not affiliated with, sponsored or endorsed by any named or linked railroad, site, library, company,
institution, organization, contributor, book author, publisher, seller, auction, website, or other third party,
nor shall any information or link on this website be considered a listing of any item for sale or auction, nor
shall any third party offer be considered an offer by us, nor shall the contents of any linked website be used
for any purpose other than authorized display. No relationship exists between this website and any linked
third-party website or named third party, except as stated herein, and no inference or assumption should be made
and no representation is implied that the <?php echo $SITENAME ?> site, <?php echo $BASEURL ?> or its affiliates
in any manner operates, edits, or controls any third-party website nor such third-party website's services,
products, or information. Specifically, but not in limitation of the foregoing, the <?php echo $SITENAME ?> is
not affiliated with, connected with or otherwise sponsored or endorsed by the SuprNova
site. <?php echo $SITENAME ?>, <?php echo $BASEURL ?> and its affiliates disclaim, do not endorse, are not a
party to, and take no responsibility for third party offers, including but not limited to those which may appear
on this or any linked website nor in any e-mail or other communication. Links to other websites, credit lines,
announcements about books and other products, services, or offers, and responses to e-mail inquiries, are
provided solely as a convenience and at the discretion of <?php echo $BASEURL ?>, do not imply permission,
membership, or affiliation, shall not in any way be construed as or constitute a description, accurate
depiction, position regarding any issue in controversy, authentication, appraisal, sponsorship or endorsement of
any product, service, activity, business, organization, or person, and any offers, products, services,
statements, opinions, content or information on any linked third-party website or third party submission
included or described on this website are those of the respective author(s) or owners and not those
of <?php echo $BASEURL ?>. Caveat Emptor. By your following a link to other website, this site does not thereby
modify, copy, or reproduce information on the third-party website, and all such data is sent directly from the
linked website to your browser without any intervention. The Uniform Resource Locator (URL) of the third-party
website being linked can be seen in the lower left-hand corner of the screen by placing the mouse cursor over
the link or otherwise determined by use of your browser, and also appears as the new location at the top of the
screen (new browser window) after a link is followed, so there can be no confusion as to the source of linked
material, and all trademarks and copyrights relating to all such third-party website(s) are owned and controlled
by the third-party website(s) unless stated otherwise. Any third-party owned intellectual property inadvertently
included on this website without necessary permission or any link on this website to a third-party's website or
intellectual property will be removed upon the copyright owner's documented request or software can be used by
third-party websites to block undesired requests or links. The <?php echo $BASEURL ?> domain's actual
"Administrative Contact" (not the domain registrar's anti-spam "Whois Protection Service" shown in the internet
Whois database) is the "designated agent" to which to report via e-mail alleged copyright infringements on this
website under the Digital Millennium Copyright Act, P.L. 105-304 (or to send other legal notices) and such
notification should identify in sufficient detail the allegedly infringed copyrighted work (please also specify
your copyright registration number); provide sufficient information to allow us to identify and contact you;
include the statements "I have a good faith belief that use of the copyrighted materials described above on the
allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law." and "I swear,
under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner
or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."; and include
your signature. By sending a communication directly or indirectly to <?php echo $BASEURL ?> notifying us of the
availability of your product, service, or website, or by soliciting a link, you thereby grant us permission to
link to your website and to include at our sole discretion your graphic(s) and/or logo or torrents derived
therefrom on our website with the link(s). For the sole purpose of enabling and/or increasing the speed of
immediate personal educational non-commercial internet viewing of this website as it currently exists, and as
authorized herein, it is permitted to cache and/or buffer transient digital copies of this website or portions
thereof, provided that: (1) the cached and/or buffered copies expire and are automatically and permanently
erased in 24 hours or less, are not further moved or copied except transiently into volatile memory from which
they are promptly erased to enable immediate viewing by a web browser as permitted hereunder, are not archived
or retained, and are not written to an off-line or non-erasable medium; (2) the domain name, URL/internet
address, and the content and appearance of this website and this user agreement are not changed or abridged, and
the operation of the website is not impaired; and, (3) all copyright, user agreement, and other proprietary
notices are presented in full and without modification. <?php echo $BASEURL ?> takes no position regarding the
ownership or intellectual property rights or potential rights of any party by submitting a request or making
application for permission to include torrents and/or other information in this website, nor by linking, nor by
indicating credit for any contribution(s) to this website.
<p>
Links from other websites to <<?php echo get_protocol_prefix() . $BASEURL ?>> are a welcome and permitted use of
this website, however, by granting such permission, <?php echo $BASEURL ?> does not grant permission for links
to individual torrent(s) ["inlined link(s)"] or to other elements or content of this website, nor to frame pages
on this website within pages on other websites, nor to add advertisements or links to pages on this website. A
link from another website to this website grants <?php echo $BASEURL ?> permission for a reciprocal link
including, at the option of <?php echo $BASEURL ?>, the linking website's logo, banner, or torrent derived
therefrom, and permission, but not an obligation, in the event that such reciprocal link(s) becomes for any
reason inoperative, for <?php echo $BASEURL ?> to mirror royalty free any internet content, or portion thereof,
that would otherwise cause a broken link, or to use a third-party's mirror or archive thereof. New users should
first visit the Welcome page at <<?php echo get_protocol_prefix() . $BASEURL ?>>. You may refer to this website
only as the "<?php echo $SITENAME ?>", may refer to the author only as "<?php echo $BASEURL ?>", and may link
only using the URL "http://<?php echo $BASEURL ?>", and no alteration of the website name, author, or URL is
permitted, nor is it permitted to disclose or publish the name or other personally identifiable information
regarding any person or legal entity, as author, contributor, or other affiliate with this website without
explicit written permission. Specifically, but not in limitation of the foregoing, indexing and/or linking to
any URL at our website containing "/torrents/" and/or ".jpg" or ".jpeg" or ".gif" or ".tif" or ".tiff" in the
internet address is specifically prohibited, except for use of logo torrents accompanying links to this website
as specifically permitted, and you agree to follow the indexing rules specified in our robots.txt file, and to
refrain from operating spider software in violation thereof. When links, descriptions, or other references to
this website, its content, and/or content obtained from this website are removed from another website, whether
at your discretion or at our request, such removal shall be total and complete, leaving no trace or indication
on the Internet or elsewhere of the removed content or link(s), with no remaining partially functioning or
broken remaining code, nor broken link(s), nor archived copies, nor shall any statement, caption, link, or rant
describing, containing, or referring to the removed link(s) and/or content or any related communications remain
or be added.
<p>
CONFIDENTIAL INFORMATION: You acknowledge and agree that the <?php echo $SITENAME ?> web site includes but is
not limited to text, torrents, graphics, e-mails, or other material or content and any product, service,
information, content, software, message, advertisement or any other work found at, aggregated at, contained on,
distributed through, linked to or from, downloaded to or from or in any other manner accessed, and is
confidential to <?php echo $BASEURL ?> and protected by proprietary rights and laws and that disclosure,
including but not limited to copying, reproduction, and/or retransmission or other unauthorized use, or
providing access to this website or its content to anyone who does not accept this User Agreement is strictly
prohibited, and specifically, but not in limitation of the foregoing, you agree not to make disclosure of such
confidential intellectual property and proprietary trade secret information on and comprising this website or
portion(s) thereof to any third party who has not previously agreed to and is contractually bound to the terms
and conditions of this User Agreement, and stipulate that such disclosure shall constitute contributory and
vicarious infringement of our copyright and other rights hereunder. Furthermore, but not in limitation of the
foregoing, you stipulate and agree that the digital modifications, enhancements, and/or restorations of torrents
shown on this website which visually distinguish such torrents from the original from which they were derived
and/or from other originals or copies thereof are trade secrets of such detail and type that human memory cannot
retain or duplicate, and that such modifications, enhancements, and/or restorations are not apparent from
inspection of only the modified torrents, so that the human web viewing of such torrents as authorized herein
does not make possible disclosure of such trade secret information, and such disclosure requires copying by
mechanical, electrical, or digital means or the like which is only authorized by specific permission.
Additionally, any information concerning this website or its affiliates or the contributors to this website or
their conclusions, views, and/or opinions which is not published on this website is also understood to be
proprietary trade secret information and you agree not to disclose any such information which may come into your
possession which is not published on this website and to also treat such information as confidential. In
particular, you agree not to disclose or publish any information regarding the identity, personally identifiable
information, the collections, or the opinions on issues of controversy of anonymous or pseudonymous authors or
donors, nor, without our permission, attempt to identify, locate, or contact them in any way, whether in person,
by telephone, or otherwise, nor to violate their rights including but not limited to their rights of privacy and
publicity. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure,
publication, or dissemination of confidential or proprietary information, and agree not to use confidential or
proprietary information for your own or any third party's benefit without our prior written approval, in each
instance. When communicating with us, you shall not provide us with any materials, writing, torrent,
information, content, attachment, or data that is confidential to you or any third party, and any notice,
legend, or label to the contrary shall be without effect, and we shall be free to use anything that we receive
from you in any manner that we deem appropriate.
<p>
In the event that you disagree with the content, opinions, or policies of this website or its author(s), your
sole and exclusive remedy shall be to notify us by e-mail, and all changes or corrections, if any, shall be made
at our sole discretion. You agree not to take any action that will impose a disproportionately large or
unreasonable load on our computer web server(s), network, or other infrastructure. Please be mindful of the
large amounts of data transfer needed to allow viewing of the <?php echo $SITENAME ?> web pages with multiple,
large torrents, and avoid suddenly flooding the <?php echo $SITENAME ?> website with large numbers of
unanticipated visitors. Suddenly increased, excess web traffic on this website as a result of your actions,
including but not limited to publicity, reporting, or recommendations to others regarding this website on
network television or radio or national publications or media, of more than one gigabyte of additional Internet
data transfer per month, shall be at your expense, and you agree to reimburse <?php echo $BASEURL ?> for the
resulting costs at the rate of the then prevailing additional data transfer charge made by the Internet
provider(s) hosting this website. Access without permission by software robot, software program performing
multiple, automated, successive requests, or other automated or high volume electronic process, is specifically
prohibited. Merchants identified or linked on this website operate independently from
the <?php echo $SITENAME ?> site, and we do not endorse any merchant or assume responsibility for transactions
conducted with them. This website is a member of the Amazon.com Associates Program, in association with
Amazon.com. Amazon.com® is the registered trademark of Amazon.com, Inc. This website is an affiliate member of
the HistoryChannel.com Network. This website carries an Internet Content Rating Association rating and other
machine readable content ratings to indicate its suitability for use by children, and displays the ICRA logo,
use of which is subject to the ICRA terms and conditions and is not transferable. The selection and placement of
advertisements linked on this website under the Google AdSense program is determined automatically by a computer
program for presumed relevance to the content of the webpage on which they appear, and have not been reviewed,
endorsed, or approved by us; consequently maintaining editorial quality of "Ads by Google" is the responsibility
of Google.com. Due to scanning and digital restoration of torrents, the appearance of items may differ
substantially from actual condition. Writings converted to text by optical character recognition (OCR) or other
transcription from the original are stored more compactly, display more quickly, are made available for computer
searching of content, enable hypertext linking, and may have increased legibility, but will contain
transcription errors that may not be apparent and may include changed numbers, missing or moved content, and
altered words or spelling. You may not rely upon the accuracy or timeliness of torrents, text, or other content
of this website and agree to independently verify and compare with and utilize the original whenever a high
level of accuracy is needed, nor should you attempt any act, event, or other information portrayed on this
website. Item descriptions may be based on unverified dealer, seller, or author representations. The date "Last
Updated" which appears on many pages on this website is an approximation which generally signifies the date of
the last significant or major update, is not an automated file modification date, is for convenience only, and
may not reflect technical, typographic, or minor additions, deletions, or corrections, nor changes performed by
automated software made to multiple pages; consequently, if monitoring minor changes on a particular page is of
interest, please use an automated notification service. This educational website and its content, torrents,
links, and related information is provided for informational purposes only. The information supplied on this web
site is general in nature and should not be relied upon to make decisions, investments, or purchases. This
website or other information or opinion obtained from us may not be used to authenticate or determine the value
of collectibles, and does not constitute an offer to sell, or the solicitation of an offer to buy any securities
or collectibles and must not be relied upon in connection with any purchase or investment decision. The contents
of this website and of any e-mail or other communication from <?php echo $BASEURL ?> merely represents the then
current view of <?php echo $BASEURL ?> or the author and should not be interpreted to be a commitment on the
part of <?php echo $BASEURL ?> or the author, nor an expert opinion. Opinions expressed may be those of
contributing authors and not necessarily those of <?php echo $BASEURL ?>. Caveat lector.
<p>
ENTIRE AGREEMENT: You agree that this web page alone constitutes the entire User Agreement, that it is the
complete and exclusive statement of your agreement with us, constitutes a writing signed by you, supersedes all
prior agreements and representations between the parties, that no variation of the terms of this User Agreement
will be enforceable against us, that it is subject to change which shall be effective immediately, and you waive
the right to claim, contest, or assert that this User Agreement was modified, canceled, superseded, or changed
by any oral agreement, purchase order, e-mail, notice, or other writing, course of conduct, waiver, implication,
or estoppel. This User Agreement shall not be canceled, modified, amended or in any way altered, nor may it be
modified by custom and usage of trade or course of dealing. No one has the authority to vary these terms and
conditions, and no purported modification by any person, orally or in writing, may be relied upon or deemed
binding, and we note our objection thereto, nor shall any writing, undertaking, representation, or warranty made
by anyone affiliated with this website which is inconsistent with this User Agreement be binding. Consequently
you may not send us your contracts, offers, requirements, forms, purchase orders, files, gift restrictions,
confidentiality notices, or other communications containing terms and/or conditions which differ from this User
Agreement which if received in violation of the foregoing will be ignored if possible, and will have no effect,
but which may if deemed necessary in our sole discretion be subject to legal review at your expense. Our failure
to respond or take affirmative action in response to any communication or information sent or provided to us
should be understood to mean that we did not receive the communication or information, did not read it, chose
not to respond, or disagreed, and should not be construed to indicate our acquiescence, agreement, approval, or
consent. Specifically, but not in limitation of the forgoing, this restricted rights website and any related
software, data, torrents, or other content are not available for licensing to United States Government End Users
or others under the terms of FAR 52.227-19 ("COMMERCIAL COMPUTER SOFTWARE-RESTRICTED RIGHTS"), but only under
the more restrictive terms as set forth herein.
<p>
Use of a <?php echo $BASEURL ?> e-mail "from" or "reply-to" address does not mean that the message came from us
and even if authorized does not imply any such authority or affiliation with <?php echo $BASEURL ?> or this
website, nor an ownership or agency relationship, and any claimed authority, title, affiliation, ownership, or
relationship by any person or entity not stated on this website shall be conclusively presumed to be invalid and
may not be relied upon. Any message received from us whether by fax, e-mail, or other method, including any
attachments, contains confidential information intended for a specific individual and purpose and is protected
by law. If you are not the intended recipient, please contact the sender immediately by reply e-mail or fax and
destroy all copies. You are hereby notified that any disclosure, copying, or distribution of such a message, or
the taking of any action based on it, is strictly prohibited. You are warned that computer viruses can be
transmitted via e-mail, so the recipient of any e-mail should check it and any attachments for the presence of
viruses. (Computer viruses and spammers frequently forge e-mail "from" addresses that they copy from infected
computers or from the world wide web, so, unfortunately, there are many more unlawful e-mails sent pretending to
come from us than e-mails that we actually send.) Even if the e-mail is legitimate, neither we nor the sender
accepts liability for any damage caused by any virus transmitted by e-mail. E-mail transmission cannot be
guaranteed to be secure or error-free because information could be intercepted, corrupted, lost, destroyed,
arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or
omissions in the contents of any message or attachment, which arise as a result of e-mail or other electronic
transmission.
<p>
This User Agreement may be assigned by <?php echo $BASEURL ?>. We reserve the right, in our sole discretion, to
amend, modify, add, remove, or change these terms or portions thereof at any time, without prior notice, and to
revoke permission for any cause or for no cause. Any changes become effective immediately upon posting of the
revised User Agreement on this website, so please use a notification service and check this website online
periodically for such changes. Contractually imposed use restrictions as specified herein may be more
restrictive that those of copyright law. Continued use of this website or its contents indicates and shall be
deemed to constitute your affirmation of your agreement to this entire User Agreement, including all such
restrictions and any changes. To immediately stop using this website and its content is your only remedy should
you not agree to any of the terms of this User Agreement, as amended. The terms and conditions of this User
Agreement shall apply to all torrents, text, e-mail, webpages, and other content and to all our intellectual
property wherever located, including this website, and including copies thereof in whole or part, or derived
therefrom, regardless of the form, electronic, printed, or other, whenever or however obtained, including but
not limited to when obtained from third parties with or without our permission. This website contains thousands
of notices regarding this User Agreement, however, in the event that the language of such notice(s) is
inconsistent with the language herein, the language of this User Agreement shall prevail. All notices under this
User Agreement shall be in writing, such as e-mail. A printed version of this User Agreement shall be admissible
in arbitration, judicial, or administrative proceedings to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained in printed form. This User Agreement,
and any e-mail, facsimile, or other communications between you and us that is or can be printed by a computer
onto paper, whether electronic or on paper, shall be considered to be "in writing" and you should print a paper
copy of this User Agreement and any such personal electronic communication that is important to you and retain
the copy for your records. If you are unwilling to receive this User Agreement, licensed content, or other
communications from us electronically, you may not use this website or otherwise license content from us. Clause
or paragraph titles and headings are for reading convenience, and hyperlinks are for convenience in accessing
related information, and shall be disregarded when construing this instrument. References herein to
the <?php echo $BASEURL ?> internet domain shall include any alias or mirror domain names or numbers. Receipt
and/or use of any donations shall be governed entirely by this User Agreement and shall not constitute agreement
or acceptance of any additional terms and conditions contained therein which shall be null and void. You may not
transfer or assign this User Agreement and any such transfer or assignment will be null and void. You further
agree to refrain from engaging in any conduct that is, or that we determine to be, in violation of this User
Agreement. You acknowledge that remedies at law may be inadequate to protect against breach of our intellectual
property rights, as prohibited under this Agreement, and you agree to the granting of injunctive relief without
the posting of a bond or undertaking, for the protection of terms laid out in this User Agreement without proof
of actual damages. You agree to undertake at your expense any measures and/or legal actions necessary to protect
and defend our intellectual property by counsel reasonably accepted by us, and upon request to cooperate with us
when we need to do so, and to cooperate with us as fully as reasonably required in the defense of any claim or
in asserting any available defenses. We shall have the right at our sole discretion to assume the exclusive
control and defense of any matter.
<p>
Nothing in this Agreement shall create any relationship between us, including but not limited to not creating
any joint venture, joint employer, franchisee-franchisor, employer-employee, professional-client,
organization-member, or principal-agent relationship between you and us, nor impose upon us any obligations for
any losses, debts, taxes, or other obligations incurred by you or as a result of your actions. You agree that
any time you expend relating to this website is only for your enjoyment and educational purposes and/or your
educational hobby or collection and is not labor on behalf of us or our website, and that while you may donate
property, including intellectual property (for which gifts we are most grateful!), you may not and agree not to
work on our behalf or donate your labor to us, nor allow us to determine the manner or result of your activities
or accomplishments, nor shall there be any economic exchange thereby.
<p>
Time is of the essence hereof. Non-enforcement of any provision herein does not constitute consent or waiver,
and we reserve the right to enforce such provision at our sole discretion and at any time, without limitation,
and regardless of any delay after we learn of any violation of the terms and conditions hereof and whether such
delay be reasonable or unreasonable, and the waiver of any breach of any provision of this User Agreement shall
not be deemed to be a waiver of any preceding or subsequent breach, nor shall any waiver constitute a continuing
waiver. If any portion of this agreement shall be held unenforceable, invalid or inoperative, then, (a) the
remainder of this agreement shall be considered valid and operative, and the remaining provisions shall be
nevertheless carried into effect, and (b) insofar as it is reasonable and possible, effect shall be given to the
intent manifested by the portion held unenforceable, invalid or inoperative, and such portion shall be reformed
only to the extent necessary to make it enforceable. The language of this User Agreement shall be construed as
to its fair meaning and not strictly for or against any party. WE WANT TO FULLFILL ANY OBLIGATIONS THAT WE MAY
HAVE AND CONSEQUENTLY REQUIRE THAT YOU TELL US PROMPTLY IF THERE IS A PROBLEM AND GIVE US THE OPPORTUNITY TO
TAKE REMEDIAL ACTION. IF YOU SHOULD CONCLUDE OR DISCOVER FACTS WHICH REASONABLY INDICATE THAT WE HAVE VIOLATED
THIS USER AGREEMENT, OR FAILED TO PERFORM ANY OBLIGATIONS THAT WE MAY HAVE, OR HAVE BREACHED A LEGAL DUTY, OR
THAT WE HAVE BEEN NEGLIGENT, YOU ARE REQUIRED TO NOTIFY <?php echo $BASEURL ?> BY E-MAIL AT THE EARLIEST
OPPORTUNITY BUT WITHIN 12 HOURS, AND TO FOLLOW-UP BY PROVIDING ALL KNOWN SPECIFICS AND DETAILS BY E-MAIL
NOTIFICATION TO webmaster@<?php echo $BASEURL ?> WITHIN TEN DAYS. IF YOU FAIL TO GIVE THE FOREGOING TIMELY
NOTICES TO US, YOU SHALL THEREBY IRREVOCABLY WAIVE ALL CLAIMS AND CAUSES OF ACTION. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising out of or related to use of
the <?php echo $SITENAME ?> site or this User Agreement must be filed by you within one (1) year after such
claim or cause of action first arose, and regardless of when discovered, or be forever barred. The parties
hereto stipulate and agree that (1) as the physical premises of the <?php echo $SITENAME ?> site consist of the
site's Internet webserver(s) and storage components thereof, these shall be construed as the site's real
property, and (2) that the electronic signals created when the website or content thereof is used constitute
the <?php echo $SITENAME ?> site's physical personal property; neither of which shall be trespassed or converted
by unauthorized entry, access, transfer, or use and our right to exclude others from trespassing and/or
converting such property or from our virtual network premises is not equivalent to any rights protected by
copyright. The parties hereto further stipulate and agree that use of this website or the content thereof in
violation of this User Agreement causes actual and irreparable harm inflicted by such conduct, constitutes a
substantial interference with possession or the right thereto, and shall give rise to causes of action for
trespass, conversion, or the like, false advertising, federal and state trademark dilution, computer fraud and
abuse, unfair competition, misappropriation, interference with prospective economic advantage, unjust
enrichment, copyright infringement, and other causes of action as applicable, and that no remedy or election we
choose shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or
in equity, and that each torrent or graphic shall constitute a separate copyrighted work. We reserve the right
in our sole and unfettered discretion to deny you access to this website at any time for any reason or for no
reason.
<p>
PERMISSIONS - CONTENT LICENSING
Additional Terms and Conditions for License to Reproduce Still Images or other website
content: <?php echo $BASEURL ?> strongly encourages permitted scholarly, educational, artistic, cultural,
scientific, or commercial use that brings these torrents or other content to a wider audience. If you want
permission, we sincerely hope that you don't get scared off by all this legalese and give up! We can only be
friendly and helpful if we hear from you, and you tell us exactly what you need. Once you are certain of your
needs, please write to <?php echo $BASEURL ?> (or other owner or rights holder, as applicable) ["Licensor"] to
apply to obtain access and use or reuse permission to reproduce torrent(s) or other content(s), in print,
broadcast, video, film, CD-ROM, DVD-ROM, Internet or any other electronic medium. Include in the application and
statement of intent to license and use one or more torrents (your "Request for License to Reproduce Still
Images") which constitutes your irrevocable order for a use license: the item requested; purpose, duration, and
intended use of the requested item including the title or description, author or product, publisher or producer,
publication or release date, placement location (at the interior, jacket, cover, or other location; or the URL
if for Web use), size of the print run, territory (whether North America or worldwide), and whether in one
language or all languages; the name or title, organization, street address, telephone, fax, and e-mail address
of the proposed "Licensee"; and any special preferences (if any) regarding torrent resolution or format.
Permission may be granted or withheld on a case by case basis at the sole discretion of Licensor. The fee for a
license for reproduction of each of <?php echo $BASEURL ?>'s still torrents will be the same as set forth in the
Use Fee Schedule (Still Images) and which schedule is incorporated herein by reference, for the one-time,
one-use, non-exclusive, color publication use of each single torrent or other content for the purpose specified,
and is never for an unlimited term, nor in perpetuity. The use fee for a license for reproduction of text is one
thousandth of a U.S. dollar per word times the number of words times the number of copies, except in the case of
Internet use where we generally follow the New York Times use fee schedule of one hundred dollars per article
per 30 days or fraction thereof. The amount of the use fee may be adjusted by several cents in order to
facilitate electronic tracking and verification of payments. Permitted use shall not exceed the use set forth in
the application and statement of intent which shall be accurate. By submitting your request for permission or
permissions inquiry, you are obligating yourself and your organization(s), if any, to license, immediately pay
for, and to actually make use of the torrent(s) or other content requested in the manner as set forth in your
application, should permission be granted. If you don't want to buy a license, don't e-mail us about permissions
- it's that simple! You may not e-mail us regarding permissions if you lack decision authority. Your commitment
to actually use the requested material is required because your request may set in motion a series of events
whereby we expend considerable normally unreimbursed resources to comply with your request, which we do gladly
and which we subsidize, but only in order to see these treasured torrents actually included with the best
quality obtainable in publications, educational projects, or other approved endeavors. <?php echo $BASEURL ?>
makes no additional charge for duplication of torrents or other content when obtained in digital format by
Licensee via the Internet under this agreement and actually used as specified in the application, but to avoid
non-productive use of our extremely limited resources, please carefully decide which torrents you actually want
and be certain that you have an adequate budget to be able to afford the torrents you request prior to
submitting your application, as you are obligating yourself and the use fees will apply in full to each licensed
torrent, even if you later change your mind or decide not to reproduce a licensed torrent(s). ORDERS ONLY! Use
the above link to "e-mail for permission" only after you have decided that you definitely will use the
torrent(s) should your application be approved and you are certain that you wish to commit yourself by placing a
firm order for a "License to Reproduce Still Images." [If you are being paid to work on a project, please
understand that we won't do for free what you are being paid to do!] Please don't burden our very limited
resources with unproductive, speculative, tentative, or incomplete requests that fail to completely specify your
exact requirements or which reflect your failure to decide in advance whether you actually wish to license the
requested torrent(s), or to examine the Use Fee Schedule. Abandoned application fee: There is no application
fee, but you will be charged a one hundred U.S. dollar non-refundable abandoned application fee per e-mail for
EACH AND EVERY E-MAILed "Request for License to Reproduce Still Images," permissions inquiry, follow-up, or
other permissions related e-mail that we receive from you that fails to ultimately result in your licensing at
least one torrent or other requested content, including but not limited to e-mails related to torrent selection,
questions, billing, and collection of fees, except that no abandoned application fee will apply if you submit a
complete application in your first e-mail but none of the torrents that you request are available for licensing.
Also, we may, at our sole discretion, deem your application to have been abandoned and charge the abandoned
application fee if you fail to respond to each of our e-mails within 72 hours, if you reject a license which we
approve in response to your request, fail to make timely payment as required herein, or tell us that you do not
want a license. Customized torrent non-use penalty: Additionally, in the event that we rescan and/or reprocess a
requested torrent(s) in response to your request for a high resolution version, a different size or format, or
other variation from the online torrent file displayed on this website ("customized torrent"), and/or in an
attempt to supply you in our sole discretion with the best possible torrent quality and you then fail to live up
to your obligation to use the requested torrent, thereby wasting our resources, you agree to pay liquidated
damages of three hundred U.S. dollars per torrent for non-use of each such customized torrent which you fail to
use, not subject to fee waiver, in addition to the use fee and any other applicable charges. All fees listed are
subject to change, are non-refundable, are subject to a fifty U.S. dollar per torrent minimum fee (one hundred
dollar per torrent minimum fee for customized torrents), and may be reduced or waived in special circumstances,
when requested in advance at the time of application, at the sole discretion of <?php echo $BASEURL ?> and
Licensor, and contingent on compliance with all terms of this User Agreement, but shall not be waived if use is
without permission. The use fee for research access to the <?php echo $BASEURL ?> website for a commercial
project is $1,000/month with a six month minimum which amount may be applied to the cost of any torrents
licensed hereunder for publication use for the project. If you find that none of the categories in the Use Fee
Schedule apply to your intended use, you do not understand the use fee schedule, you are uncertain as to the
applicable fee, or you wish us to consider your request for a use fee which differs from the fee schedule, you
MUST specify in your application a specific proposed use fee dollar amount that you are offering. If the
requested information needed to determine which of several possibly applicable levels of fees should apply is
not provided in the application, the higher fee shall apply. If the use fee is unspecified herein or in the fee
schedule and not agreed in advance, it shall be one hundred dollars per torrent per month. Rush: Add fifty
percent to the stated fees for rush requests. E-mails flagged for special treatment with high
priority/importance headers or the like or requests that torrents be made available for use in seven days or
less from the date of the request also constitute rush requests. Our acceptance of any request, inquiry, or
order placed by you is expressly made conditional on your assent to the terms set forth in this User Agreement,
and not those in your request, inquiry, order, or e-mail. Buyer beware: You authorize us to act upon any e-mail
you send to us requesting permission or permissions or making inquiry as constituting an order, whether the
e-mail is formal or informal, complete or incomplete, including requests posed as questions, inquiries, or sent
using e-mail links on other pages of our website which provide sufficient information to allow us to process the
request (and to choose an torrent fulfilling the request in the event that a specific torrent is not requested)
which shall constitute a binding order requesting a license to reproduce still torrents. [We know this may seem
strange to you, but our policy really is necessary because due to factual, legal and/or technical issues we
often have to research requests, search for torrents, and/or rescan and/or reprocess torrents in order for us to
respond to your e-mail and/or determine if we will be able to successfully fulfill your licensing request, and
as a result we may be almost done with your order before we can answer your e-mail.] For example, if you write
informally to ask us about using one or more torrents that you saw on the <?php echo $BASEURL ?> website and ask
what the request will cost, while not specifying a price limit, you are thereby requesting and authorizing us to
fill your order at a price consistent with the Use Fee Schedule and the terms and conditions of this User
Agreement, and to let you know the total amount due for the license by sending you an electronic invoice which
you are obligated to pay. Please pay close attention to what is written on this page: We want to avoid nasty
surprises and disputes, so we are giving you fair warning that this is an e-commerce website with possibly
unfamiliar policies and procedures and that clicking on the "e-mail <?php echo $BASEURL ?> for permission" link
above means "buy a license now." Use fee(s) are non-refundable and shall be fully and promptly paid at the
earlier of the times of your receipt of (1) the licensed content; (2) a grant of permission of access thereto
for the purpose requested; or, (3) our invoice requesting payment in response to your request, and shall be
immediately due and payable in advance of publication or other licensed use, shall be by check signed by the
Licensee, in U.S. dollars, drawn on a United States bank, or sent by electronic funds transfer for the benefit
of the Licensee, and payment shall be delivered to us or the Licensor's financial institution within ten days,
according to the instructions you will receive. If Licensee sends payment by check mailed directly to the
Licensor's financial institution. Licensee shall also immediately fax a copy of the check to the Licensor.
Redelivery: <?php echo $BASEURL ?> has very limited storage for custom torrents, so if you are notified by us
that one or more licensed torrents that you requested are ready for download, it is your responsibility to
immediately retrieve them before they are deleted from our web server. (Requests to re-upload or resend licensed
custom torrents that you have lost or neglected to timely retrieve, if still available, will incur a redelivery
use fee surcharge of twenty-five dollars per torrent, not subject to fee waiver.) In the event that you
encounter any difficulty with licensed torrent files, other content, or the receipt or download thereof, you
must notify us by e-mail within thirty-six hours. There will be an additional thirty U.S. dollar fee for
returned checks or chargebacks which will also trigger abandoned application and non-use penalties, as
applicable. Permission is subject to the payment by Licensee of all applicable fees, and the presence in your
work of proper credit(s) and all legal notices required herein including but not limited to a proper notice of
our copyright. In instances where payment is due, permission shall be granted conditionally upon the successful
deposit by Licensor in the Licensor's account and clearance of such payment check, or the deposit in the
Licensor's account of funds electronically transferred for the benefit of the Licensor, evidenced thereby, and a
photocopy or facsimile of such check or record of such electronic funds transfer or ultimate electronic deposit
shall confirm the identity of the applicable Licensee and Licensor and reconfirm the Licensee's acceptance of
this entire Agreement. Such license shall be null and void as if never issued upon violation of this user
agreement, including but not limited to non-payment or lack of timely payment. The publication of such
torrent(s) or other content shall also further reconfirm the Licensee's acceptance of this entire Agreement
without modification. Permission for such non-transferable, non-exclusive, non-sublicensable, one-time, one-use
shall be limited to publication within a period of twelve months following the publication or release date
specified in the application, or if unspecified in the application, from the date of our approval, except in the
case of public display or performance, including but not limited to broadcast television or Internet use, which
use shall not exceed the lesser of the time specified in your application or in the license granted or invoice
therefor, or if unspecified then 60 days, and thereafter electronic access shall cease, which in the case of
Internet use shall include erasing all digital copies and removing all links thereto. In the case of torrents
licensed for single print or transparency copy exhibition or display the term of the license is the lesser of
the duration of the exhibition or five years. For video use of still torrents, there is an additional charge for
each home video format such as VHS or DVD in addition to the broadcast use fee. Permission for any subsequent
use must be obtained separately. Permission with fee waiver if requested and granted for students' school
related project use is for non-publication educational use only during the current semester and does not grant
permission for publication in print, electronic format, on the Internet, or otherwise. If you are requesting a
fee waiver on behalf of a non-profit organization, to assist us in evaluating the request, please state in your
application whether or not the organization charges the public for its product or service, and whether or not
you are an unpaid volunteer. You are obligated to purchase a license under the terms and condition hereof for
any torrent which you download from this website without permission or in violation of this User Agreement,
should we decide in our sole discretion to offer you such a license. The <?php echo $SITENAME ?> site operates
entirely on-line, communicates exclusively via the Internet, provides torrents as electronic commerce, and has
no staff to handle phone calls or requestor supplied forms or paperwork; consequently, we provide an electronic
invoice and IRS W-9 form only, and telephone support or billing, invoicing, or other documentation in paper
hardcopy form by U.S. mail, fax, or otherwise, are not available. You agree to use only the provided permissions
e-mail address (or other e-mail links on this website, as appropriate) and not to telephone us or content
contributors with permissions or other requests, nor to attempt to circumvent the provisions of this agreement,
and telephone calls placed in disregard of the foregoing will be charged at two hundred fifty dollars per
telephone call. A printed version of your application e-mail(s) requesting permission, constituting your Request
for License for Still Images, and/or facsimile or other electronic records shall be admissible in arbitration,
judicial, or administrative proceedings to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. Your act of sending such email(s) to
us whether directly or indirectly and/or your clicking your e-mail send button indicates your intent thereby to
attach your electronic signature to such e-mailed application requesting permission or other communication and
to this entire User Agreement. Licensee shall also supply Licensor within thirty calendar days of the date of
publication with two complementary donated entire copies of the best edition of any written or published work,
computer file, or software, including but not limited to book, article, video, CD-ROM, or DVD-ROM products in
which the licensed torrent(s) or other content is included, for inclusion in the <?php echo $SITENAME ?> site.
(If licensed for Web use, Licensee shall provide access to the locations(s) where the work including the
licensed torrent(s) or other content is located, instead of delivering physical copies.) Permission, if granted,
to a licensee for use on the Internet or other electronic medium which operates by providing digital torrents
does not grant permission for end user capture nor downloading of such torrents, nor subsequent use thereof, nor
any use not permitted herein, nor use beyond the limited term of this license, does not grant permission for
torrents to be posted on any website which does not prohibit their capture, downloading, or subsequent use, and
does not grant permission unless both of the following conditions are met: (1) the <?php echo $BASEURL ?>
copyright notice is prominently displayed; and, (2) that such capture and/or downloading, and such subsequent
use without the separate permission of <?php echo $BASEURL ?> are both contractually prohibited in the
licensee's legally binding end user licensing agreement. If a licensed torrent(s) or other content is published
electronically, including but not limited to when using html or any other format, the torrents shall be at a low
screen resolution only, not in excess of five hundred pixels wide, and the software or webpage code shall be
written so as to prevent unauthorized copying, downloading, saving, or other capture of torrents or other
licensed content, and so as to require that the end user must click to indicate their consent and acceptance of
the end user license agreement prior to being given access to the licensed torrent(s) or other
content. <?php echo $BASEURL ?> (or other owner or rights holder, as applicable) shall retain its own right to
reproduce such torrent or other content, or to grant others such permission, and shall retain ownership,
copyright, and all other tangible and intangible rights (including but not limited to ownership of originals,
scans, files, data, negatives, digital media, and photoduplicates or copies thereof whether reprographic,
electronic, digital or otherwise, [other than tangible rights for those final permitted reproductions published
by Licensee under this license for distribution to others] which if not retained by Licensor shall be destroyed
or returned to Licensor upon expiration of the limited term of the license). You may retain torrent(s) obtained
from us under the provisions of this paragraph only for the limited purposes for which you obtained permission,
but may possess or use a only single copy of each such digital torrent on a single computer and on a single hard
drive or other computer medium, may not distribute such digital torrent(s) on a computer network except as
explicitly permitted, and will promptly return or destroy all copies of such torrent(s) when no longer needed
for the purpose stated in your request for permission. Licensee acknowledges that permission if granted is only
for publication or other use as specified in the application during the limited term of the license, does not
constitute a transfer of ownership, nor a first sale, and such permission is granted only to the extent of the
Licensor's ownership of rights related to the torrent(s) or other content, and is not a rights clearance for
third party rights, property, torrents or other content included on this website, or derivative works therefrom,
which clearance licensee must obtain separately from such third party or parties when required, and our
permission grants you no rights until you also obtain all third party permissions and releases that may be
required, copies of which you agree to provide to us upon request. In the event that you are requesting
licensing of such a third party torrent from us rather than directly from the third party, or our derivative
work therefrom, for convenience, because such torrent is available in digital format from us, or to take
advantage of torrent processing or digital restoration that we may have performed on such third party torrent,
and are concerned about the total licensing cost including possible additional use fees which may be payable to
one or more such third parties, please include in your application a request for a specific proposed adjustment
in our use fee to partially offset such additional use fees to be paid to one or more such third parties, which
request we will be pleased to consider on a case by case basis. No license or right under any patent or
trademark will be granted nor shall such be construed as being conferred hereunder by implication, estoppel or
otherwise. Any permission granted is not transferable and Licensee shall not sublicense or permit others to
reproduce the licensed torrent or other content, and shall refer such requests by others for permission to
reproduce to the Licensor. The Licensor for <?php echo $BASEURL ?> is a California Corporation owned by
author, <?php echo $BASEURL ?>, which has sole authority to operate and license this website and its content.
Licensee acknowledges that <?php echo $BASEURL ?> is not granting permission on behalf of nor acting as agent
for any other owner or rights holder. Licensee shall maintain the integrity of torrents or other content used,
and use shall not be unlawful, misleading, defamatory, ridiculing, libelous, or otherwise inappropriate, altered
from the original appearance, form, meaning, or intent of the author, nor compete or detract from existing or
planned use by <?php echo $BASEURL ?>, nor in a manner which suggests an association with or endorsement of any
product or service, nor in an historically inaccurate manner or publication, nor damaging to our or the
rightsholder's reputation. Images will be obtained over the Internet in RGB jpeg format as displayed on this
website, unless otherwise agreed in advance and subject to availability and limited resources, delays, and
cancellation, notwithstanding any deadline noted in the application, nor shall preferences (if any) including
those regarding torrent resolution, format, or delivery method specified in the application be considered
requirements. Any needed conversion of digital torrents into prints or need to burn CD's or DVD's shall be your
responsibility and at your expense. Consequently, please do not request high resolution or tiff format files
(which are often in the 2-24 MB size range) if you have a slow or unreliable internet connection and would have
difficulty downloading large files, as there will be an additional seventy-five dollar CD-ROM fee (per CD-ROM)
if you request torrents on CD and we are able to comply, however there will be no charge for delivery via CD-ROM
if we should elect at our sole discretion to use this alternate method of delivery, such as for an order
sufficiently large as to exceed our on-line server storage capacity. <?php echo $BASEURL ?> reserves the right
to restrict the reproduction of materials due to conservation and preservation concerns, and the right to charge
additional fees as determined on a case by case basis. Licensee agrees that it has independently determined the
"as is" torrent content, quality, and format of licensed content as displayed on this website to be suitable for
its intended use, understands that torrents created with extensive restoration artwork and composite torrents
being computer generated do not physically exist in a form that could be rescanned at higher resolution, and
understands that requested reformatting will not result in a change in the actual torrent resolution. Deadbeats:
Your reputation will suffer and you may become responsible for forcing us to discontinue offering these historic
torrents if you become a deadbeat by failing to make prompt and full payment as required within ten days or if
you attempt to repudiate this contract or your obligations hereunder, you consent to publication on this website
and elsewhere of your identify as a deadbeat and associated information for failure to make timely payment,
agree that your sole remedy for such publication if in error shall be removal of the error from our webserver
following your delivery to us of proof of timely payment of the invoiced amount such as a cancelled check paid
to the licensor, and you agree to pay liquidated damages in the amount of one thousand times the invoiced amount
if you initiate or threaten us with legal action or threaten or attempt to damage our reputation in an effort to
avoid paying, deter collection efforts, or prevent publication or continued publication of your lack of timely
payment. Licensee acknowledges that 19th century torrents such as 3 1/2" stereograph albumen prints are of
limited resolution and are generally degraded, containing various imperfections of torrent and mount due to
aging, and damaged, including but not limited to foxing, spotting, chipping, cracking, abrasion, folding,
tearing, gouging, emulsion loss, soiling, staining, glue streaking, discoloration, motion blurring, darkening,
and fading (often uneven in degree over various parts of an torrent), and acknowledges that torrents rescanned
or photoduplicated from the original as a result of its request may require additional processing or
restoration. If a requested torrent is of lesser quality than another similar available torrent, we may, in our
sole discretion, substitute the better quality torrent. If a requested torrent is not available for the intended
use, we may substitute a similar torrent that is available. Licensee acknowledges that <?php echo $BASEURL ?>
recommends entirely digital color or duotone publication methods, and acknowledges that excessive magnification,
extra processing steps including conversion to a different torrent format or conversion to monochrome rather
than digital methods will not improve and may adversely affect torrent quality and/or resolution. Licensee shall
utilize highest quality imaging and reproduction methods that do not degrade torrent quality, including but not
limited to color, contrast, or resolution, and do not introduce artifacts, including but not limited to aliasing
or Moiré patterns, and shall reproduce torrents at a sufficiently small size suitable for the available limited
resolution so that reproduced torrents do not appear to be unsharp. Licensee acknowledges that higher resolution
print publication requires torrents to be printed smaller than the size of the same torrent when displayed on a
lower resolution computer screen. A license permitting publication is only a grant of access to the torrent(s)
or other content(s) for publication use in consideration for a payment ("use fee") actually received, and
Licensee agrees that <?php echo $BASEURL ?> or other Licensor has no obligation to take any action on Licensee's
behalf to assist Licensee, nor to provide any product or service, that our responsibility ends once we have
provided both permission and access to the requested torrent(s) or other content, and that all applicable fees
or charges regardless of how described are use fees, not charges for products or services. Licensee shall be
solely responsible for specifying and obtaining any needed services, and for any costs incurred on their behalf,
whether by Licensor or third parties for photoduplication, restoration, processing, production, or otherwise and
is encouraged to seek the services of expert service bureau, and/or printing companies for such services. All
paragraphs and provisions of this User Agreement shall apply to this license agreement and to you as License.
Important: Licensee shall take all steps necessary to assure that the terms and conditions of this User
Agreement shall similarly apply to and bind any user of any work created by Licensee or under this license that
includes or is derived from torrents or other content obtained from this website or under this User Agreement,
which obligation in the case of such Internet use shall include but is not limited to placing a link to this
User Agreement on each web page containing such work in addition to and accompanying the credit line specified
below, and obtaining each such user's agreement hereto. Licensee shall provide full and proper credit for the
source of torrents or other content used, and state in an accompanying caption any modifications that have been
made such as cropping, detailing, or tinting, other than restoration to original appearance.
<p>
Severe additional penalty for publication of torrents stolen from this website; unlimited liability for
subsequent infringement: In the event that you do not obtain permission and instead violate this agreement by
misappropriating and/or publishing unauthorized pirated copies of torrents obtained from this website, or by
enabling, permitting, facilitating, or encouraging others to do so, a trespass, conversion, or the like, which
harms the <?php echo $SITENAME ?> Site, for example by causing donors to be hesitant or unwilling to allow their
torrents to be displayed on the Internet, or if you publish torrents or other content prior to making full
payment of all applicable fees, or without including the legal notices and credits as required herein, you agree
to pay a penalty to <?php echo $BASEURL ?> for each unlicensed use, in addition to any actual and/or statutory
damages, expenses, and attorney's fees, etc. which may apply, in the amount of fifty (50) times the undiscounted
commercial fee for licensed use in accordance with this user agreement, agree to assign exclusively
to <?php echo $BASEURL ?> copyright and all other ownership rights, including but not limited to physical,
contractual, and intellectual property rights in any resulting work(s) which contain(s) or which is derived from
our intellectual property, this website or its torrents or other content, and agree to immediately cease and
desist any and all infringement of our copyright or other proprietary rights, and of such rights of any third
party for which you shall also remain liable. Additionally, please take special care to understand that in
addition to direct infringement by your theft and republication of our intellectual property, or if you
otherwise violate the terms of this license, you agree that such violation shall result in your unlimited
liability for all resulting use and/or infringement by third and subsequent parties who obtain our intellectual
property from or through you, and you will be held fully responsible (including penalties) - whether or not you
have knowledge of their actions at the time, whether or not you benefit financially, and whether or not you have
the right and/or ability to supervise or police such subsequent resulting uses - especially should repeated and
unstoppable use by others result, and you are specifically prohibited from taking any action that would permit,
enable, or facilitate such unpermitted or viral distribution, including but not limited to, by others who are
not a party to this agreement. [i.e., If you give away our torrents or other content without our permission
and/or in violation of this agreement, you agree to pay as specified in this agreement for all resulting
subsequent uses by others which are not authorized by us, whether lawful or unlawful, including those resulting
uses which you and/or we may, as a result of your actions, then be powerless to control or prevent, and possibly
may not even discover until after the fact.] Additionally, in the event that your actions in violation of this
User Agreement result in our being deprived of our exclusive rights to ownership and control of the intellectual
property we have created in this website and its digital torrents and/or other content in whole or substantial
part, or of the value thereof, or which would make such intellectual property unsaleable, you agree to pay us
liquidated damages in the amount of the greater of five million U.S. dollars, the amount of copyright
infringement statutory damages per torrent or other content for each and every infringement, the appraised
market value of this website absent such actions, and the estimated commercial cost to create a website of like
complexity and content.
<p>
LEGAL NOTICE OF INFRINGEMENT<br/>
Please read this Legal Notice of Infringement which applies to you only if you have violated this User
Agreement, or made any use of this website in any way not specifically authorized and permitted herein, in which
case you acknowledge timely receipt hereof, which you agree is sufficient notice, at such time as you commenced
violation of this User Agreement. Additionally, if you have received Legal Notice of Infringement from us via
e-mail or otherwise, this Notice and the entire User Agreement is included therein by reference, and you should
also reread this entire User Agreement. This Notice is authorized on behalf of <?php echo $BASEURL ?>, the owner
of copyright and other proprietary rights to this website, its torrents, and other content. Your activities in
violation of this User Agreement constitute infringement of the exclusive rights to make copies and to
distribute copies and constitute an infringement of copyright and other intellectual property rights, as well as
a violation of the User Agreement which is a binding contract entered into whenever use is made of our website.
We request that you immediately take all action as may be appropriate to suspend these illegal activities. On
behalf of the respective rights owners including but not limited to the owners of the exclusive rights to the
copyrighted material at issue in this notice, <?php echo $BASEURL ?> hereby states that <?php echo $BASEURL ?>
has a good faith belief that use of the material in the manner complained in violation of this User Agreement is
not authorized by the copyright owners or other rights holders, their respective agents, or the
law. <?php echo $BASEURL ?> hereby states, under penalty of perjury under the laws of California and under the
laws of the United States, that the information in this notification is accurate, and under penalty of perjury,
that <?php echo $BASEURL ?> is authorized to act on behalf of the owners of the exclusive rights which are being
infringed as set out in this notification. Consequently, <?php echo $BASEURL ?> has never authorized the
material to be disclosed or published by you or your user(s) and display of the material could result in being
held liable for violating our proprietary rights. Your continued dissemination of this material is in violation
of <?php echo $BASEURL ?>'s statutory, contractual, and other rights. Therefore, <?php echo $BASEURL ?> demands
that you immediately erase or destroy all copies of and cease and desist from disseminating the material
obtained in violation of this User Agreement, including but not limited to all locations where the information
may be available from all computers, web sites, and servers under your or your company's ownership or control.
Please immediately remove the offending material, and notify us in writing that you have removed the material
from your web site(s) or other unauthorized location. <?php echo $BASEURL ?> reserves its right to seek
immediate equitable, injunctive, and other relief, including damages claims. This notice shall not be deemed to
be a waiver of any rights or remedies, which are expressly reserved. We thank you for your courtesy and
immediate cooperation in this matter. Your prompt response is requested so that the illegal infringing activity
can be stopped.
<p>
Rights in this Website/Restrictions: We reserve all rights not expressly granted. <?php echo $BASEURL ?> and/or
other parties that provide this website and its content specifically retain title, ownership rights, and
intellectual property rights, and interests including but not limited to any possible copyright, which they may
have in and to intellectual property, data, files and/or the torrents they contain, including the look and feel
of all software, programs, web pages, torrents, or items, and to derivative works. You are not permitted to, and
you warrant and agree that you will not do or facilitate any of the following: (1) view or examine the source
code or content of any webpage, torrent, or other content, whether text, html, Javascript, jpeg, gif, pdf, or
otherwise, nor disable any computer code or software on this website; (2) directly or indirectly modify,
translate, reverse engineer, reverse compile, decompile, reverse assemble, disassemble, or create derivative
works based on this website or its contents, nor alter any executable code, materials, torrents, or content on
or received via this website, without the prior expressed written permission of <?php echo $BASEURL ?> as
provided herein, and for the purposes set forth; (3) screen capture torrents, webpages, or other content on this
website nor extract such content from a cache; (4) copy, screen capture, drag-and-drop, distribute, or publicly
display this website or its torrents or other content, without the prior expressed written permission
of <?php echo $BASEURL ?> as provided herein, and for the purposes set forth; (5) place torrents or other files
or content from this website or descriptions or locations thereof into a peer-to-peer file sharing system or
index thereto, nor into an http, ftp, or other file transfer protocol or peer-to-peer server; (6) violate the
intellectual property, privacy, or publicity rights of others, nor omit or misrepresent the source or origin of
any torrent, content, or other intellectual property; (7) use any robot, spider, web crawler, other automatic
device, or manual process to copy our web pages, torrents, or other content contained without our prior
expressed written permission; (8) violate robot instructions including but not limited to robot instructions
contained in meta tags and the robots.txt file; (9) engage in any activity that may or will directly or
indirectly impose a disproportionately large, unanticipated, or unreasonable load on our website bandwidth or
infrastructure; (10) rent, lease, or otherwise transfer rights to this website or its contents; (11) circumvent,
remove, disable, nor to attempt to circumvent, remove, or disable any copy protection method, digital watermarks
or other proprietary notices, markings, or labels that may be included with webpages, torrents, text, or other
content, nor transmit or publish content or data from which associated copyright or other posted proprietary
notices, or publisher, website, or author attributions have been removed; or, (12) omit or obscure the name of
the <?php echo $SITENAME ?>, <?php echo $BASEURL ?>, any logo, or any proprietary, legal, or other notice,
including, but not limited to, copyright, trademark, patent, trade secret, limitation of warranty, usage
limitation, disclaimer, or any other terms and/or conditions intended to be displayed.
<p>
NO WARRANTY - "AS IS" WITHOUT WARRANTY OF ANY KIND AS TO ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT:<br/>
THERE IS NO WARRANTY FOR THIS WEBSITE OR ITS CONTENT OR LINKS, NOR FOR ANY TORRENTS OR OTHER CONTENT OBTAINED
THROUGH OR OTHERWISE IN CONNECTION WITH THIS WEBSITE. THE <?php echo $SITENAME ?>, <?php echo $BASEURL ?>, THE
COPYRIGHT HOLDER(S), OTHER RIGHTS HOLDERS, LICENSOR, AND/OR OTHER PARTIES AND THEIR AFFILIATES, OR THE LIKE,
THAT PROVIDE THIS WEBSITE AND ITS CONTENT, INCLUDING REPRODUCTIONS OF SELECTED ITEMS FROM COLLECTIONS AND LINKS
DO SO "AS IS", "AS AVAILABLE", AND WITH ALL FAULTS, WITHOUT USER SUPPORT OR WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, TITLE, EXPECTATION OF PRIVACY, LACK OF VIRUSES, CORRUPTED FILES, OR OTHER MALICIOUS OR
ERRONEOUS SOFTWARE, AVAILABILITY, RELIABILITY, QUALITY, ACCURACY, CORRECTNESS, COMPLETENESS, CORRECTNESS OF
TORRENT IDENTIFICATION OR DESCRIPTION, COMPATABILITY, TIMELINESS, DECENCY, AND FREEDOM FROM INFRINGEMENT. ANY
RESULTS OR OUTCOME AS A RESULT OF THE USE OF THIS INFORMATION AND THE ENTIRE RISK OF ACCESS TO OR USE OF THIS
WEBSITE AND ITS CONTENT AND LINKS IS WITH YOU. SPECIFICATIONS AND EQUIPMENT ARE SUBJECT TO CHANGE WITHOUT ANY
NOTICE OR OBLIGATION BY US. SHOULD THE WEBSITE OR ITS CONTENT, TORRENTS, DOWNLOADS, OR LINKS, OR OUR
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