[Ecommerce] The most ambitious user agreement

[Manon Ress]

FYI "the most ambitious web site user agreement of all time
<http://www.cprr.org/Museum/legal.html>, from the home page
<http://www.cprr.org/> of the Central Pacific Railroad Photographic
History Museum"
http://research.yale.edu/lawmeme/modules.php?name=News&file=article&sid=1319

Chek it out at: http://www.cprr.org/Museum/legal.html

Some highlight":

    "All other access, use, disclosure, reproduction, delayed use,
    reduction to human-perceivable form, printing, copying or saving of
    digital image 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."

    "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 . . . ."
    (emphasis added).

    "You stipulate, warrant and agree that you will not . . . challenge
    or dispute validity of our copyright."

    "The application of the United Nations Convention on the
    International Sale of Goods is expressly excluded."

    "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."

    "[Y]ou should print a paper copy of this User Agreement . . . ."

    "Time is of the essence hereof."

    "If you want permission, we sincerely hope that you don't get scared
    off by all this legalese and give up!"

    "Telephone calls placed in disregard of the foregoing will be
    charged at two hundred fifty dollars per telephone call."

    "Licensee acknowledges that 19th century images such as 3 1/2"
    stereograph albumen prints are of limited resolution and are
    generally degraded, containing various imperfections of image 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 image), and acknowledges that
    images rescanned or photoduplicated from the original as a result of
    its request may require additional processing or restoration."

    "Additionally, in the event that your actions in violation of this
    User Agreement result in our being deprived of our exclusive rights
    . . . you agree to pay us liquidated damages in the amount of five
    million U.S. dollars . . . ."

    "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."

    "You further assume the risk that certain historic subjects,
    accidents, attitudes, and stereotypes and descriptions or depictions
    thereof, some graphic, may prove to be disturbing and that warnings
    and rating filters relating to such content may be absent or
    ineffective."

    "Access to or use of this website in any jurisdiction that does not
    allow the exclusion of implied warranties is strictly prohibited."

    "You agree to immediately notify CPRR.org by e-mail of any errors,
    historical inaccuracies, technical problems, typographical errors,
    broken links, incorrect or missing citations, proprietary content
    included without required permission, or any other defects or
    deficiencies which you discover on this website . . . ."

    "Force Majeuere: Additionally, in not in limitation of the forgoing,
    we shall not have liability for any failure or delay resulting from
    any condition beyond our reasonable control, including but not
    limited to illness, governmental action, or acts of terrorism,
    earthquake or other natural occurrences, labor conditions, or power
    failure."

    The parties hereto agree and stipulate . . . that such images are
    not in the public domain, that this website is a compilation
    posessing originality with new material added, and that copyright
    law does not preempt contract law."

    "In the event that you are a governmental entity, you waive
    sovereign immunity and further stipulate and agree that any use of
    this website or its content, except as permitted herein, shall
    consitute a taking requiring just compensation as set forth herein."


--
Manon Anne Ress
Consumer Project on Technology
www.cptech.org
PO Box 19367, Washington, DC 20036
manon.ress@cptech.org, voice: 1.202.387.8030, fax: 1.202.234.5176