[Ecommerce] The most ambitious user agreement
Manon Ress
manon.ress@cptech.org
Tue Feb 10 15:02:04 2004
To be fair: they're trying to comply with copyright laws that they show
are totally absurd. They say they're looking for "better language" any
suggestions?
Jeff Williams wrote:
>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
>>
>>_______________________________________________
>>Ecommerce mailing list
>>Ecommerce@lists.essential.org
>>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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>
--
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