virtualinternetcafe.com user agreement
BY USING THIS WEBSITE AND/OR OUR SERVICES, YOU INDICATE YOUR AGREEMENT TO THE FOLLOWING TERMS AND
CONDITIONS:
PERMITTED USE / CONFIDENTIAL INFORMATION / RIGHTS & PERMISSIONS / DISCLAIMER
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.
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 "Virtual Internet Cafe," 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, file, service, 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 Virtual Internet
Café PC’s 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 access, use, disclosure, reproduction, delayed use,
reduction to human-perceivable form, printing, copying or saving of digital
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 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. 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
virtualinternetcafe.com, without additional consideration, any rights,
ownership, or title which you may obtain to our name(s), trademark(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 Virtual Internet Cafe 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 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 Virtual Internet Cafe 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.
CLICK TO ACCEPT: Any access to or use of this website or its Internet domain
name(s) or IP address(es) or content, including but not limited to clicking (or
the equivalent) on any link (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 site, 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 services, 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 virtualinternetcafe.com 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 virtualinternetcafe.com copyrights,
trademarks and service marks, trade secrets, and other proprietary laws and
rights both in Sweden and internationally, and our claim of ownership of the
intellectual property that comprises this website, its services and other
content, and that virtualinternetcafe.com has established significant rights and
valuable good will therein. You agree not to impair the title, rights and
interest of virtualinternetcafe.com in such marks and other intellectual
property, including but limited to files, services 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 virtualinternetcafe.com mark or any confusingly similar marks
or other virtualinternetcafe.com intellectual property. All use of any and all
virtualinternetcafe.com marks and/or other intellectual property on or relating
to this website or derived therefrom shall inure solely to the benefit of
virtualinternetcafe.com. 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, services, 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 files, 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 services, 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,
services, 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 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
service 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.
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." U.S. Court of Appeals, 2nd Circuit, November
28, 2001.
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 our services 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 virtualinternetcafe.com or this website.
Not all services 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 services 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. 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 services 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 shall this website or virtualinternetcafe.com
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 files 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 file depicted on this website, and to
variations of such files, including, but not limited to changes in the size,
resolution, file format, or tangible form of expression. We make no
representations or warranties with respect to ownership of or copyrights, if
any, in files 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 files on this website or obtained from us are our
valuable property, that viewing of files 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 file or other website content.
virtualinternetcafe.com does not endorse external websites which should open in
a new browser window. This website may be hosted by Virtual Internet Cafe 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 Virtual Internet Cafe web site, and may include information
regarding third party offers. virtualinternetcafe.com 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 Virtual Internet Cafe web site's author,
virtualinternetcafe.com, 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
Virtual Internet Cafe site, virtualinternetcafe.com 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 Virtual Internet Cafe is not affiliated with,
connected with or otherwise sponsored or endorsed by the SuprNova site. Virtual
Internet Cafe, virtualinternetcafe.com 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 virtualinternetcafe.com, 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 virtualinternetcafe.com. 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
virtualinternetcafe.com 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 virtualinternetcafe.com 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 services 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. virtualinternetcafe.com 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 services and/or other
information in this website, nor by linking, nor by indicating credit for any
contribution(s) to this website.
Links from other websites to are a welcome and permitted use of this website,
however, by granting such permission, virtualinternetcafe.com does not grant
permission for links to individual services ["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
virtualinternetcafe.com permission for a reciprocal link including, at the
option of virtualinternetcafe.com, the linking website's logo, banner, or
service derived therefrom, and permission, but not an obligation, in the event
that such reciprocal link(s) becomes for any reason inoperative, for
virtualinternetcafe.com 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
www.virtualinternetcafe.com. You may refer to this website only as the "Virtual
Internet Cafe", may refer to the author only as "virtualinternetcafe.com", and
may link only using the URL "http://www.virtualinternetcafe.com", 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 "/services/" and/or ".jpg" or ".jpeg" or ".gif" or ".tif" or ".tiff"
in the internet address is specifically prohibited, except for use of logo files
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.
CONFIDENTIAL INFORMATION: You acknowledge and agree that the Virtual Internet
Cafe web site includes but is not limited to text, services, 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 virtualinternetcafe.com 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
files shown on this website which visually distinguish such files 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 files, so
that the human web viewing of such files 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, files,
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.
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 Virtual Internet Cafe web pages with
multiple, large files, and avoid suddenly flooding the Virtual Internet Cafe
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 virtualinternetcafe.com 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 Virtual Internet Cafe site, and we do not endorse any
merchant or assume responsibility for transactions conducted with them. 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 files, 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 services, 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 website and its content, services, 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 virtualinternetcafe.com merely represents the
then current view of virtualinternetcafe.com or the author and should not be
interpreted to be a commitment on the part of virtualinternetcafe.com or the
author, nor an expert opinion. Opinions expressed may be those of contributing
authors and not necessarily those of virtualinternetcafe.com. Caveat lector.
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, services, 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.
Use of a virtualinternetcafe.com 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 virtualinternetcafe.com 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.
This User Agreement may be assigned by virtualinternetcafe.com. 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 or its services 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, its
services 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 services, 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
virtualinternetcafe.com 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.
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 or its services 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.
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 virtualinternetcafe.com 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 support@virtualinternetcafe.com
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 Virtual Internet Cafe 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
Virtual Internet Cafe 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 Virtual Internet Cafe 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 file 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.
PERMISSIONS – CONTENT LICENSING Additional Terms and Conditions for License to
Reproduce Still Images or other website content: virtualinternetcafe.com
strongly encourages permitted scholarly, educational, artistic, cultural,
scientific, or commercial use that brings these services 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 virtualinternetcafe.com (or other owner or rights
holder, as applicable) ["Licensor"] to apply to obtain access and use or reuse
permission to reproduce file(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 files (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 file 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
virtualinternetcafe.com's still files 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 file 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 file(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 services actually included
with the best quality obtainable in publications, educational projects, or other
approved endeavors. virtualinternetcafe.com makes no additional charge for
duplication of files 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 files you actually want and be certain
that you have an adequate budget to be able to afford the files you request
prior to submitting your application, as you are obligating yourself and the use
fees will apply in full to each licensed file, even if you later change your
mind or decide not to reproduce a licensed file(s). ORDERS ONLY! — Use the above
link to "e-mail for permission" only after you have decided that you definitely
will use the file(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 file(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 file or other requested content, including but not limited to e-mails
related to files 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 files 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 file non-use penalty: Additionally, in the event that we rescan
and/or reprocess a requested file(s) in response to your request for a high
resolution version, a different size or format, or other variation from the
online file displayed on this website ("customized files"), and/or in an attempt
to supply you in our sole discretion with the best possible file quality and you
then fail to live up to your obligation to use the requested file, thereby
wasting our resources, you agree to pay liquidated damages of three hundred U.S.
dollars per file for non-use of each such customized file 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 file minimum fee (one hundred dollar per file minimum
fee for customized files), and may be reduced or waived in special
circumstances, when requested in advance at the time of application, at the sole
discretion of virtualinternetcafe.com 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 virtualinternetcafe.com
website for a commercial project is $1,000/month with a six month minimum which
amount may be applied to the cost of any files 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 file 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 files 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 file fulfilling the request in the event that a specific file is not
requested) which shall constitute a binding order requesting a license to
reproduce still files. [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 files, and/or rescan and/or
reprocess files 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 files that
you saw on the virtualinternetcafe.com 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 virtualinternetcafe.com
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:
virtualinternetcafe.com has very limited storage for custom files, so if you are
notified by us that one or more licensed files 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
files that you have lost or neglected to timely retrieve, if still available,
will incur a redelivery use fee surcharge of twenty-five dollars per file, not
subject to fee waiver.) In the event that you encounter any difficulty with
licensed 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
file(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 files 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 files,
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 file 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 Virtual Internet Cafe site operates
entirely on-line, communicates exclusively via the Internet, provides services
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 file(s) or other content is included, for inclusion in the Virtual
Internet Cafe site. (If licensed for Web use, Licensee shall provide access to
the locations(s) where the work including the licensed file(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 files does not grant permission for end user capture nor
downloading of such files, nor subsequent use thereof, nor any use not permitted
herein, nor use beyond the limited term of this license, does not grant
permission for files 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 virtualinternetcafe.com
copyright notice is prominently displayed; and, (2) that such capture and/or
downloading, and such subsequent use without the separate permission of
virtualinternetcafe.com are both contractually prohibited in the licensee's
legally binding end user licensing agreement. If a licensed file(s) or other
content is published electronically, including but not limited to when using
html or any other format, the files 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 files 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 file(s) or other
content. virtualinternetcafe.com (or other owner or rights holder, as
applicable) shall retain its own right to reproduce such file 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 file(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 file on a single computer and on a single hard drive or other computer
medium, may not distribute such digital file(s) on a computer network except as
explicitly permitted, and will promptly return or destroy all copies of such
file(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 file(s) or other content, and is not a rights clearance
for third party rights, property, services 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
file from us rather than directly from the third party, or our derivative work
therefrom, for convenience, because such file is available in digital format
from us, or to take advantage of file processing or digital restoration that we
may have performed on such third party file, 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 file or other content, and shall refer such requests
by others for permission to reproduce to the Licensor. The Licensor for
virtualinternetcafe.com is a Swedish Corporation owned by author,
virtualinternetcafe.com, which has sole authority to operate and license this
website and its content. Licensee acknowledges that virtualinternetcafe.com is
not granting permission on behalf of nor acting as agent for any other owner or
rights holder. Licensee shall maintain the integrity of files 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 virtualinternetcafe.com, 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 file resolution, format, or delivery method
specified in the application be considered requirements. Any needed conversion
of digital files 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 files 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.
virtualinternetcafe.com 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" file content, quality, and format of
licensed content as displayed on this website to be suitable for its intended
use, understands that files created with extensive restoration artwork and
composite files 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 file resolution.
Deadbeats: Your reputation will suffer and you may become responsible for
forcing us to discontinue offering these historic files 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 files such as 3 1/2" stereograph albumen
prints are of limited resolution and are generally degraded, containing various
imperfections of files 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
file), and acknowledges that files rescanned or photoduplicated from the
original as a result of its request may require additional processing or
restoration. If a requested file is of lesser quality than another similar
available file, we may, in our sole discretion, substitute the better quality
file. If a requested file is not available for the intended use, we may
substitute a similar file that is available. Licensee acknowledges that
virtualinternetcafe.com recommends entirely digital color or duotone publication
methods, and acknowledges that excessive magnification, extra processing steps
including conversion to a different file format or conversion to monochrome
rather than digital methods will not improve and may adversely affect file
quality and/or resolution. Licensee shall utilize highest quality imaging and
reproduction methods that do not degrade file quality, including but not limited
to color, contrast, or resolution, and do not introduce artifacts, including but
not limited to aliasing or Moiré patterns, and shall reproduce files at a
sufficiently small size suitable for the available limited resolution so that
reproduced files do not appear to be unsharp. Licensee acknowledges that higher
resolution print publication requires files to be printed smaller than the size
of the same file when displayed on a lower resolution computer screen. A license
permitting publication is only a grant of access to the file(s) or other
content(s) for publication use in consideration for a payment ("use fee")
actually received, and Licensee agrees that virtualinternetcafe.com 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 file(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 files 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 files 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.
Severe additional penalty for publication of files 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 files obtained from this website, or
by enabling, permitting, facilitating, or encouraging others to do so, a
trespass, conversion, or the like, which harms the Virtual Internet Cafe Site,
for example by causing donors to be hesitant or unwilling to allow their files
to be displayed on the Internet, or if you publish files 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
virtualinternetcafe.com 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
virtualinternetcafe.com 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 files 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
files 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 files 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 file 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.
LEGAL NOTICE OF INFRINGEMENT 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 virtualinternetcafe.com, the owner of
copyright and other proprietary rights to this website, its files, 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 or services. 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, virtualinternetcafe.com hereby states that virtualinternetcafe.com
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.
virtualinternetcafe.com hereby states, under penalty of perjury under the laws
of Sweden and under the laws Internationally, that the information in this
notification is accurate, and under penalty of perjury, that
virtualinternetcafe.com is authorized to act on behalf of the owners of the
exclusive rights which are being infringed as set out in this notification.
Consequently, virtualinternetcafe.com 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 virtualinternetcafe.com's
statutory, contractual, and other rights. Therefore, virtualinternetcafe.com
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. virtualinternetcafe.com 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.
Rights in this Website/Restrictions: We reserve all rights not expressly
granted. virtualinternetcafe.com 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 services they contain, including the look and feel of all software,
programs, web pages, files, 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,
file, service, 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, files,
services or content on or received via this website, without the prior expressed
written permission of virtualinternetcafe.com as provided herein, and for the
purposes set forth; (3) screen capture files, services, 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
files, services or other content, without the prior expressed written permission
of virtualinternetcafe.com as provided herein, and for the purposes set forth;
(5) place files, services or other 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 file, service, content, or
other intellectual property; (7) use any robot, spider, web crawler, other
automatic device, or manual process to copy our web pages, files, services 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, files,
services, 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 Virtual Internet Cafe, virtualinternetcafe.com, 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.
NO WARRANTY - "AS IS" WITHOUT WARRANTY OF ANY KIND AS TO ACCURACY, COMPLETENESS,
OR NON-INFRINGEMENT: THERE IS NO WARRANTY FOR THIS WEBSITE OR ITS CONTENT OR
LINKS, NOR FOR ANY FILES, SERVICES OR OTHER CONTENT OBTAINED THROUGH OR
OTHERWISE IN CONNECTION WITH THIS WEBSITE. THE Virtual Internet Cafe,
virtualinternetcafe.com, THE COPYRIGHT HOLDER(S), OTHER RIGHTS HOLDERS,
LICENSOR, AND/OR OTHER PARTIES AND THEIR AFFILIATES, OR THE LIKE, THAT PROVIDE
THIS WEBSITE AND ITS CONTENT, INCLUDING REPRODUCTIONS OF SELECTED ITEMS FROM
COLLECTIONS AND LINKS DO SO "AS IS", "AS AVAILABLE", AND WITH ALL FAULTS,
WITHOUT USER SUPPORT OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, TITLE, EXPECTATION OF PRIVACY, LACK OF
VIRUSES, CORRUPTED FILES, OR OTHER MALICIOUS OR ERRONEOUS SOFTWARE,
AVAILABILITY, RELIABILITY, QUALITY, ACCURACY, CORRECTNESS, COMPLETENESS,
CORRECTNESS OF FILE IDENTIFICATION OR DESCRIPTION, COMPATABILITY, TIMELINESS,
DECENCY, AND FREEDOM FROM INFRINGEMENT. ANY RESULTS OR OUTCOME AS A RESULT OF
THE USE OF THIS INFORMATION AND THE ENTIRE RISK OF ACCESS TO OR USE OF THIS
WEBSITE, ITS SERVICES AND ITS CONTENT AND LINKS IS WITH YOU. SPECIFICATIONS AND
EQUIPMENT ARE SUBJECT TO CHANGE WITHOUT ANY NOTICE OR OBLIGATION BY US. SHOULD
THE WEBSITE OR ITS CONTENT, FILES, SERVICES, DOWNLOADS, OR LINKS, OR OUR
COMMUNICATIONS OR ATTACHMENTS THERETO PROVE TO BE FAULTY, INACCURATE, INCORRECT,
UNRELIABLE, NOT TO MEET ANY OF YOUR PARTICULAR REQUIREMENTS, OR TO BE OTHERWISE
UNACCEPTABLE, YOU ASSUME THE COST OF ALL NECESSARY SUPPORT, REPAIR, OR
CORRECTION. WE SHALL NOT BE LIABLE OR RESPONSIBLE FOR NONPERFORMANCE OR DELAY IN
PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF OUR CONTROL,
INCLUDING BUT NOT LIMITED TO TECHNICAL MALFUNCTIONS OF ANY KIND, DELAYED OR
FAILED ELECTRONIC COMMUNICATIONS, OR UNAVAILABLE OR FAILED NETWORK CONNECTIONS.
NO WRITTEN INFORMATION OR ORAL ADVICE GIVEN BY US, WILL CREATE A WARRANTY; NOR
MAY YOU RELY ON ANY SUCH ADVICE OR INFORMATION. YOU FURTHER ASSUME THE RISK THAT
CERTAIN HISTORIC SUBJECTS, ACCIDENTS, ATTITUDES, AND STEREOTYPES AND
DESCRIPTIONS OR DEPICTIONS THEREOF, SOME GRAPHIC, MAY PROVE TO BE DISTURBING AND
THAT WARNINGS AND RATING FILTERS RELATING TO SUCH CONTENT MAY BE ABSENT OR
INEFFECTIVE.
By using this website, you explicitly waive the rights granted under California
Civil Code §1542 (if applicable) which states that: "A general release does not
extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which, if known by him must have
materially affected his settlement with the debtor" and (as applicable) you
waive all such similar rights which may exist in other jurisdictions.
ACCESS TO OR USE OF THIS WEBSITE OR ITS SERVICES IN ANY JURISDICTION THAT DOES
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IS STRICTLY PROHIBITED. IF THESE
TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
If you access or use this website or its services in violation of the foregoing
or any other provision of this User Agreement or in any jurisdiction where
access or use is prohibited by law or by this User Agreement, or if you allege
that you did so, you agree to pay us a prohibited use penalty fee of the greater
of fifteen thousand dollars or ten times the loss, unwelcome liability, or
potential liability to which we are exposed as a result of your actions.
IF YOU USE THE INFORMATION, SERVICES, PERMISSIONS, OR PRODUCTS OF A THIRD PARTY
OR THEIR WEBSITE LINKED TO OR OTHERWISE REFERRED TO ON OR THROUGH OUR WEBSITE,
OUR SERVICES OR IN ANY COMMUNICATION FROM US, SUCH THIRD PARTY IS SOLELY
RESPONSIBLE FOR ITS INFORMATION, SERVICES, PERMISSIONS, AND PRODUCTS, AND YOU
RELEASE US FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES, ACTUAL AND
CONSEQUENTIAL, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, DISCLOSED AND
UNDISCLOSED, SUSPECTED AND UNSUSPECTED, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH SUCH INFORMATION, SERVICES, OR PRODUCTS, ANY TRANSACTIONS BETWEEN YOU AND
SUCH THIRD PARTY, AND ANY DISPUTES BETWEEN YOU AND SUCH THIRD PARTY.
NEITHER WE NOR OUR DONORS SHALL BE HELD LIABLE FOR (I) ANY DAMAGE TO, OR LOSS
OF, PROPERTY OR INJURY TO, OR DEATH OF, PERSONS OCCASIONED DIRECTLY OR
INDIRECTLY BY AN ACT OR OMISSION, AND (II) ANY LOSS OR DAMAGE DUE TO DELAY,
CANCELLATION, OR DISRUPTION IN ANY MANNER CAUSED BY THE LAWS, REGULATIONS, ACTS
OR FAILURES TO ACT, DEMANDS, ORDERS, OR INTERPOSITIONS OF ANY GOVERNMENT OR ANY
SUBDIVISION OR AGENT, THEREOF, OR BY ACTS OF GOD, STRIKES, FIRE, FLOOD, WAR,
REBELLION, TERRORISM, INSURRECTION, SICKNESS, INJURY, QUARANTINE, EPIDEMICS,
THEFT, OR ANY OTHER CAUSE(S) BEYOND OUR CONTROL. YOU WAIVE ANY CLAIM AGAINST US
OR OUR DONORS FOR ANY SUCH LOSS, DAMAGE, INJURY, OR DEATH.
THIS WEBSITE MAY BE USED BY PERSONS NOT AT LEAST EIGHTEEN (18) YEARS OF AGE OR
OTHERWISE NOT LEGALLY ABLE TO AGREE TO ABIDE BY THE TERM AND CONDITIONS OF THIS
USER AGREEMENT ONLY WITH THE PERMISSION OF BOTH (1) THEIR PARENT OR LEGAL
GUARDIAN, AND (2) THE OWNER OF THE COMPUTER EQUIPMENT BEING USED, BOTH OF WHOM
ACCEPT THIS USER AGREEMENT. YOU AGREE TO SUPERVISE, AND ACCEPT RESPONSIBILITY
FOR ALL ASPECTS OF USE AND ACCEPT FINANCIAL RESPONSIBILITY FOR ALL USE OF THIS
WEBSITE, ITS SERVICES AND ANY RELATED COMMUNICATIONS, INCLUDING WITHOUT
LIMITATION ANY USE BY MINORS LIVING WITH YOU OR PARTICIPATING IN YOUR
EDUCATIONAL PROGRAM, AND INCLUDING ALL USES BY MINORS OR OTHERS USING YOUR
EQUIPMENT WITH OR WITHOUT YOUR PERMISSION. WE REGRET THAT DUE TO THE COPPA LAW,
CHILDREN UNDER THE AGE OF 13 YEARS ARE PROHIBITED FROM CONTACTING THE Virtual
Internet Cafe SITE BY E-MAIL OR OTHERWISE, AND REQUESTS FOR HOMEWORK HELP OR
OTHER INFORMATION ON BEHALF OF SUCH CHILDREN MUST COME FROM THE CHILD'S PARENT
OR LEGAL GUARDIAN.
virtualinternetcafe.com MAY PERIODICALLY MAKE UPDATES, CHANGES, IMPROVEMENTS, OR
MODIFICATIONS, BUT MAKES NO COMMITMENT TO DO SO, AND MAY INTERRUPT OR
DISCONTINUE OFFERING THIS WEBSITE AND ITS SERVICES IN WHOLE OR PART AT ANY TIME
WITHOUT NOTICE. THE WEBSITE AND ITS SERVICES MAY ALSO BE TEMPORARILY UNAVAILABLE
ON THE LAST DAY(S) OF ANY CALENDAR MONTH DURING WHICH OUR WEBSITE'S POPULARITY
HAS EXCEEDED THE MONTHLY "BANDWIDTH" ALLOTMENT. YOU AGREE TO IMMEDIATELY NOTIFY
virtualinternetcafe.com BY E-MAIL OF ANY ERRORS, HISTORICAL INACCURACIES,
TECHNICAL PROBLEMS, TYPOGRAPHICAL ERRORS, BROKEN LINKS, INCORRECT OR MISSING
CITATIONS, PROPRIETARY CONTENT INCLUDED WITHOUT REQUIRED PERMISSION, OR ANY
OTHER DEFECTS OR DEFICIENCIES WHICH YOU DISCOVER ON THIS WEBSITE, AND THE
CORRECTION NEEDED, IF KNOWN TO YOU, ALTHOUGH WE MAKE NO PROMISE THAT ANY DEFECTS
OR ERRORS WILL BE CORRECTED, AND OF ANY UNAUTHORIZED OR INFRINGING USE OF OUR
NAME, FILES, SERVICES OR OTHER CONTENT OR PROPERTY THAT YOU DISCOVER ELSEWHERE.
NO WARRANTY; LIMITATIONS OF LIABILITY: THE COPYRIGHT HOLDER(S), OTHER RIGHTS
HOLDERS, LICENSOR, AND/OR OTHER PARTIES THAT PROVIDE THIS WEBSITE AND ITS
CONTENT SPECIFICALLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO
THE INFORMATION AND MATERIALS PROVIDED HEREIN, INCLUDING BUT NOT LIMITED TO
NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ACCURACY, RELIABILITY, AND PERFORMANCE,
AND SHALL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR
INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO USE OF THE INFORMATION AND
MATERIALS PROVIDED HEREIN. WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF
FILES, OUR SERVICES OR OTHER CONTENT LICENSED OR OBTAINED FROM US OR OUR
AFFILIATES WILL NOT INFRINGE ON THE RIGHTS OF THIRD PARTIES. THE CONTENTS OF
THIS WEBSITE OR COMMUNICATIONS FROM US ARE NOT INTENDED, AND CANNOT BE
CONSIDERED, AS EXPERT ADVICE OR OPINION.
IN NO EVENT WILL WE, ANY COPYRIGHT HOLDER, OTHER RIGHTS HOLDER, LICENSOR,
WEBSITE OR CONTENT PROVIDER, OR ANY OTHER PARTY WHO MAY CREATE, CONTRIBUTE TO,
SPONSOR, HOST, MIRROR, LICENSE, AND/OR REDISTRIBUTE THIS WEBSITE OR ITS CONTENT
IN WHOLE OR PART, OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS,
REPRESENTATIVES, OR INFORMATION PROVIDERS BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THE COST OF PROCUREMENT OF SUBSTITUTE FILES, SERVICES OR OTHER CONTENT,
OR LOSS OF PROFIT OR REVENUES ARISING OUT OF THIS AGREEMENT, OR THE USE, MISUSE,
OR INABILITY TO ACCESS OR USE THIS WEBSITE, LICENSED CONTENT, OR ANY OTHER
HYPERLINKED WEBSITE, REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON
TORT STRICT LIABILITY, CONTRACT, NEGLIGENCE, OR ANY OTHER BASIS, EVEN IF SUCH
HOLDER, PROVIDER, OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND REGARDLESS OF WHETHER SUCH ADVISE WAS ACTUAL OR CONSTRUCTIVE, AND
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. USE OF
THIS WEBSITE IN ANY JURISDICTION THAT DOES NOT ALLOW SUCH LIMITATION OF DAMAGES
IS STRICTLY PROHIBITED. THIS DISCLAIMER OF WARRANTY IS AN ESSENTIAL PART OF THIS
USER AGREEMENT. FURTHERMORE, IN NO EVENT SHALL TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, INCLUDING BUT
NOT LIMITED TO NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY,
FOR ACCESSING OR USING THIS WEBSITE OR ITS CONTENT.
FORCE MAJEURE: ADDITIONALLY, IN NOT IN LIMITATION OF THE FORGOING, WE SHALL NOT
HAVE ANY LIABILITY FOR ANY FAILURE OR DELA | | |