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<?php
/**
**************************
** FreeTSP Version: 1.0 **
**************************
** http://www.freetsp.info
** https://github.com/Krypto/FreeTSP
** Licence Info: GPL
** Copyright (C) 2010 FreeTSP v1.0
** A bittorrent tracker source based on TBDev.net/tbsource/bytemonsoon.
** Project Leaders: Krypto, Fireknight.
**/
require_once(dirname(__FILE__).DIRECTORY_SEPARATOR.'functions'.DIRECTORY_SEPARATOR.'function_main.php');
require_once(FUNC_DIR.'function_vfunctions.php');
require_once(FUNC_DIR.'function_user.php');
db_connect();
site_header();
begin_frame("$site_name 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 $site_name?> 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>
<p>
BY USING THIS WEBSITE, YOU INDICATE YOUR AGREEMENT TO THE FOLLOWING TERMS and CONDITIONS:</p>
<p>
PERMITTED USE / CONFIDENTIAL INFORMATION / RIGHTS & PERMISSIONS / DISCLAIMER</p>
<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>
<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 $site_name?>," 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 $site_name?>, 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 $site_name?> 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 $site_name?> 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>
<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 $site_name?> 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 $site_name?> 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 $site_name?> has established significant rights and valuable good will
therein. You agree not to impair the title, rights and interest of <?php echo $site_name?> 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 $site_name?> mark or any confusingly similar marks or other <?php echo $site_name?> intellectual
property. All use of any and all <?php echo $site_name?> marks and /or other intellectual property on or relating to
this website or derived therefrom shall inure solely to the benefit of <?php echo $site_name?>. 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>
<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>
<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 $site_name?> 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 $site_name?> 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>
<p>
<?php echo $site_name?> does not endorse external websites which should open in a new browser window. This website
may be hosted by <?php echo $site_name?> 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 $site_name?> web site, and may include
information regarding third party offers. <?php echo $site_name?> 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 $site_name?> web site's
author, <?php echo $site_name?>, 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 $site_name?> site, <?php echo $site_name?> 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 $site_name?> is not affiliated with, connected with or otherwise sponsored or
endorsed by the SuprNova site. <?php echo $site_name?>, <?php echo $site_name?> 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 $site_name?>, 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 $site_name?>. 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 $site_name?> 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 $site_name?> 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 $site_name?> 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>
<p>
Links from other websites to <?php echo $site_name?> are a welcome and permitted use of this website, however, by
granting such permission, <?php echo $site_name?> 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 $site_name?> permission for a reciprocal link including, at the option
of <?php echo $site_name?>, 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 $site_name?> 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 $site_name?>. You may refer to this website only as the "<?php echo $site_name?>", may refer to
the author only as "<?php echo $site_name?>", and may link only using the URL "http://<?php echo $site_name?>", 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>
<p>
CONFIDENTIAL INFORMATION: You acknowledge and agree that the <?php echo $site_name?> 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 $site_name?> 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>
<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 $site_name?> web pages with multiple, large torrents, and avoid
suddenly flooding the <?php echo $site_name?> 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 $site_name?> 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 $site_name?> 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 $site_name?> merely represents the then current view of <?php echo $site_name?> or the
author and should not be interpreted to be a commitment on the part of <?php echo $site_name?> or the author, nor an
expert opinion. Opinions expressed may be those of contributing authors and not necessarily those
of <?php echo $site_name?>. Caveat lector.</p>
<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>
<p>
Use of a <?php echo $site_name?> 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 $site_name?> 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>
<p>
This User Agreement may be assigned by <?php echo $site_name?>. 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 $site_name?> 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>
<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>
<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 $site_name?> 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 $site_name?> 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 $site_name?> 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 $site_name?> 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 $site_name?> 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>
<p>
PERMISSIONS CONTENT LICENSING
Additional Terms and Conditions for License to Reproduce Still Images or other website
content: <?php echo $site_name?> 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 $site_name?> (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 $site_name?>
'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 $site_name?>
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 $site_name?> 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 $site_name?>
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 $site_name?> 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 $site_name?> 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 $site_name?> 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 $site_name?> 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 $site_name?>
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 $site_name?> copyright notice is
prominently displayed; and , (2) that such capture and /or downloading, and such subsequent use without the separate
permission of <?php echo $site_name?> 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 $site_name?> (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 $site_name?> is a
California Corporation owned by author, <?php echo $site_name?>, which has sole authority to operate and license
this website and its content. Licensee acknowledges that <?php echo $site_name?> 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 $site_name?>, 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 $site_name?> 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 $site_name?> 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 Moir 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 $site_name?> 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>
<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 $site_name?> 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 $site_name?> 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 $site_name?>
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>
<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 $site_name?>, 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 $site_name?> hereby states that <?php echo $site_name?> 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 $site_name?> 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 $site_name?> 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 $site_name?> 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 $site_name?>'s statutory, contractual, and
other rights. Therefore, <?php echo $site_name?> 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 $site_name?> 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>
<p>
Rights in this Website/Restrictions: We reserve all rights not expressly granted. <?php echo $site_name?> 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 $site_name?> 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 $site_name?> 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 $site_name?>, <?php echo $site_name?>, 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>
<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 $site_name?>, <?php echo $site_name?>, 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,
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