[Ecommerce] The most ambitious user agreement
Jeff Williams
jwkckid1@ix.netcom.com
Tue Feb 10 15:02:01 2004
Manon and all,
Well it looks like I will need to avoid this web site entirely. I shall
also be recommending all of our members to consider doing likewise
as well as avoiding doing business now or in the future with the
Central Pacific Railroad or require in any contract or business
with them, to rescind this egregious and "ambitious" user agreement.
Manon Ress wrote:
> 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
>
> _______________________________________________
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> http://lists.essential.org/mailman/listinfo/ecommerce
Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Be precise in the use of words and expect precision from others" -
Pierre Abelard
"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947]
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