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Here ya go; proof of that site



 
 
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Old March 17th 06, 10:42 PM posted to alt.collecting.autographs
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Default Here ya go; proof of that site

This is direct CUT AND PASTE per that site Barefoot uses and said he
pays for it (and in another post I can go back and get if people want,
I'll dig them ALL back out) that there's "nothing on there" (ie in
regards to copyright). also that it's "legal" and he can do what he
wants as they don't care because he uses older photos... (we can go
back and dig that out too if you'd like). It says explicity that it's
for PROMOTIONAL purposes only and NOT commercial. When ones sells,
that's commercial. He is in violation as I said a dozen or more
times. No disputing this one Barefoot...this is the law as you agreed
to it by paying and admitted to violating it. Hell you admitted to
selling a lot of crap that's not licensed. You know, I have not
turned your ass in but keep pushing my buttons and no telling what
might happen. I've been pretty nice to you considering your cursing,
name calling etc. Admit you're wrong and we'll end this whole thing.
And don't add on "moron, idiot, ****ing, etc" Just admit it and move
on and all will be well. Here's the cut and paste from terms of
condition (and people may feel free to make sure I did not alter
anything).

This Interactive Media Permission Agreement (the "Agreement") sets
forth the terms and conditions which apply to your use of NBC
Universal Media Village (the "Site"), which is offered to you by NBC
Universal, Inc. ("NBC Universal"). By completing the NBC Universal
Media Village registration form and obtaining a password, and/or
accessing the Site and downloading information or photographs (subject
to NBC Universal's further approval) from the Site, User agrees that
he or she will abide by the terms of this Agreement just as if User
had signed this Agreement. If you do not agree to be bound by the
terms of this Agreement, do not use this Site. NBC Universal reserves
the right to change or modify this Agreement, and reserves the right
to withdraw any portion of this service, information or photographs
available via this Site, or to suspend the rights of any User for any
reason in NBC Universal's sole discretion. If you disagree with any
modifications to this Agreement made by NBC Universal at any time,
please do not make any further use of the Site.

1. By accessing this Site and/or completing the registration process
and obtaining a password, User has requested a non-exclusive license
to use NBC Universal promotional material consisting of NBC Universal
written publicity materials and NBC Universal photographs on the Site
(subject to NBC Universal's further approval) (collectively, the
"Material") solely as promotional publicity for NBC Universal
television shows and/or NBC Universal properties on Licensee's
Internet Site ("Licensee's Site") and/or in Licensee's editorial
printed materials ("Publications"). NBC Universal hereby grants a
non-exclusive, royalty-free license to Licensee to download and use a
single copy of the Material in this manner for the term of this
Agreement and strictly for these promotional purposes, subject to the
terms and conditions set forth herein. Licensee agrees that the
Material will be used only for informational, non-commercial purposes
on the Licensee's Site itself and/or in Publications, and for no other
purpose and in no other manner, medium or place whatsoever. The
Material shall not be sold, redistributed, relicensed or sublicensed
by Licensee in any way. Licensee's Site shall consist only of a
standard HTML Site viewed by users connected to the Internet in real
time. All other uses of the Material, including, but not limited to,
those involving advanced technologies, online services, push
technology, broadcast, and all other mediums are expressly reserved by
NBC Universal. Use of NBC Universal photographs may not be made
without seeking prior approval from NBC Universal.

2. Licensee shall not use the Material in any manner that is in any
way objectionable or in conjunction with other materials or
information that is in any way objectionable. As used herein,
"objectionable" means any materials or information in any medium or
format, including without limitation text, data, graphics, audio or
video, content (or use of the content) that: (a) is libelous or
defamatory, pornographic, sexually explicit, unlawful or plagiarized;
(b) a reasonable person would consider harassing, abusive,
threatening, harmful, vulgar, profane, obscene, excessively violent,
racially, ethnically or otherwise objectionable or offensive in any
way; (c) constitutes a breach of any person's privacy or publicity
rights, a misrepresentation of facts, hate speech or an infringement
of any third party's intellectual property rights of any kind,
including without limitation, copyright, patent, trademark, industrial
design, trade secret, confidentiality or moral rights; (d) violates or
encourages other to violate any applicable law; (e) promotes software
or services that deliver unsolicited email; or (f) contain direct
links (by a single click) to web sites that contain information of the
kind described in this definition.

3. Licensee agrees that as between Licensee and NBC Universal, NBC
Universal is the exclusive owner of all rights, title and interest in
and to the Material, including copyright and trademark rights therein.
Licensee shall not use the Material in any way that may violate or is
inconsistent with NBC Universal's rights. NBC Universal shall at all
times, anywhere in the world and in all media and whether or not in
conflict or competition with Licensee, have the right to use and
authorize others to use the Material in any manner.

4. The term of this license shall commence upon Licensee's access to
NBC Universal Media Village or upon Licensee's registration with NBC
Universal Media Village, and shall continue as long as Licensee
continues to access the NBC Universal Media Village, subject to NBC
Universal's right of termination under Section 9 of this Agreement.
Licensee represents and warrants that any information provided to NBC
Universal Media Village by Licensee in connection with registration
for NBC Universal Media Village is true and accurate.

5. Licensee agrees that it will not use the Material in advertisements
or promotions of any kind regarding Licensee's Site or Publications,
including, without limitation, use of the Materials in any promotional
tie-ins, without NBC Universal's prior written consent.

6. Licensee agrees that any use of any Material by Licensee shall be
in its entirety on the Site and/or in the Publications and shall not
be altered or edited in any way.

7. Licensee agrees that it will not take or use still "screen grab"
images from moving segments of the Material, if any, without NBC
Universal's prior written consent. Licensee understands and agrees
that if the Material contains audio and/or video elements from any
television show, then Licensee shall not be entitled to use any such
audio and/or video Material without NBC Universal's prior written
approval.

8. Licensee agrees that for each television show from which Material
is used, Licensee will make best effort to include tune-in
information, including the name, air date, day and time of the
television show from which the Materials were taken. With respect to
any photograph used by Licensee, Licensee shall make best effort to
credit NBC Universal for providing the photograph.

9. This Agreement may be terminated by NBC Universal at any time at
its sole discretion. Immediately upon the termination of this
Agreement, Licensee shall cease all use of the Material, take all
Material off Licensee's Site, take down all hyperlinks to NBC
Universal, and return the Material to NBC Universal.

10. Licensee will fully defend and indemnify NBC Universal and its
licensors and suppliers from and against any and all claims, actions,
liabilities, losses, costs, damages, and expenses, including, without
limitation, reasonable attorneys' fees, caused by, arising wholly or
in part out of, or resulting from the operation of the Licensee's Site
or Licensee's use of the Material on Licensee's Site or in
Publications or in any other way.

11. DISCLAIMER. NBC Universal intends to provide the most current
information available about NBC Universal programming and events and
to make efforts to ensure that the Materials on the Site are updated
on a regular basis. However, programming and schedules are subject to
sudden changes without notice, and NBC Universal makes no guarantee
that the Materials on the Site are accurate, and is not responsible
for any errors or omissions in the Materials provided. EXCEPT AS
EXPRESSLY PROVIDED HEREIN, THE MATERIALS ARE PROVIDED "AS IS" AND "AS
AVAILABLE" AND NBC Universal DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, FOR THE OPERATION OF THIS SITE, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF
DEALING OR COURSE OF PERFORMANCE. NBC Universal makes no guarantees
with respect to the Materials provided on this Site, and neither NBC
Universal nor any of its officers, directors or agents, shall have any
liability as a result of User's use of the Site, including, without
limitation, internet disruption, interrupted service, errors or delays
in providing the Site. In no event shall NBC Universal be liable for
indirect, exemplary, special, incidental or consequential damages, or
costs, including but not limited to, any lost profits or revenues,
loss of use or goodwill, or any third party claims, even if such party
has been advised of the possibility of such damages.

For further information about the Site, if you experience difficulty
accessing the Site or any Materials on the Site, or to remove your
name from the list of registered Users, please contact NBC Universal
at .

USER'S USE OF THE MATERIAL DENOTES USER'S ACCEPTANCE OF AND AGREEMENT
TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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