cy really is necessary because due to factual, legal and/or technical issues we often have to research requests, search for torrents, and/or rescan and/or reprocess torrents in order for us to respond to your e-mail and/or determine if we will be able to successfully fulfill your licensing request, and as a result we may be almost done with your order before we can answer your e-mail.] For example, if you write informally to ask us about using one or more torrents that you saw on the hdtime.org 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 hdtime.org 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: hdtime.org has very limited storage for custom torrents, so if you are notified by us that one or more licensed torrents that you requested are ready for download, it is your responsibility to immediately retrieve them before they are deleted from our web server. (Requests to re-upload or resend licensed custom torrents that you have lost or neglected to timely retrieve, if still available, will incur a redelivery use fee surcharge of twenty-five dollars per torrent, not subject to fee waiver.) In the event that you encounter any difficulty with licensed torrent files, other content, or the receipt or download thereof, you must notify us by e-mail within thirty-six hours. There will be an additional thirty U.S. dollar fee for returned checks or chargebacks which will also trigger abandoned application and non-use penalties, as applicable. Permission is subject to the payment by Licensee of all applicable fees, and the presence in your work of proper credit(s) and all legal notices required herein including but not limited to a proper notice of our copyright. In instances where payment is due, permission shall be granted conditionally upon the successful deposit by Licensor in the Licensor's account and clearance of such payment check, or the deposit in the Licensor's account of funds electronically transferred for the benefit of the Licensor, evidenced thereby, and a photocopy or facsimile of such check or record of such electronic funds transfer or ultimate electronic deposit shall confirm the identity of the applicable Licensee and Licensor and reconfirm the Licensee's acceptance of this entire Agreement. Such license shall be null and void as if never issued upon violation of this user agreement, including but not limited to non-payment or lack of timely payment. The publication of such torrent(s) or other content shall also further reconfirm the Licensee's acceptance of this entire Agreement without modification. Permission for such non-transferable, non-exclusive, non-sublicensable, one-time, one-use shall be limited to publication within a period of twelve months following the publication or release date specified in the application, or if unspecified in the application, from the date of our approval, except in the case of public display or performance, including but not limited to broadcast television or Internet use, which use shall not exceed the lesser of the time specified in your application or in the license granted or invoice therefor, or if unspecified then 60 days, and thereafter electronic access shall cease, which in the case of Internet use shall include erasing all digital copies and removing all links thereto. In the case of torrents licensed for single print or transparency copy exhibition or display the term of the license is the lesser of the duration of the exhibition or five years. For video use of still torrents, there is an additional charge for each home video format such as VHS or DVD in addition to the broadcast use fee. Permission for any subsequent use must be obtained separately. Permission with fee waiver if requested and granted for students' school related project use is for non-publication educational use only during the current semester and does not grant permission for publication in print, electronic format, on the Internet, or otherwise. If you are requesting a fee waiver on behalf of a non-profit organization, to assist us in evaluating the request, please state in your application whether or not the organization charges the public for its product or service, and whether or not you are an unpaid volunteer. You are obligated to purchase a license under the terms and condition hereof for any torrent which you download from this website without permission or in violation of this User Agreement, should we decide in our sole discretion to offer you such a license. The HDTIME site operates entirely on-line, communicates exclusively via the Internet, provides torrents as electronic commerce, and has no staff to handle phone calls or requestor supplied forms or paperwork; consequently, we provide an electronic invoice and IRS W-9 form only, and telephone support or billing, invoicing, or other documentation in paper hardcopy form by U.S. mail, fax, or otherwise, are not available. You agree to use only the provided permissions e-mail address (or other e-mail links on this website, as appropriate) and not to telephone us or content contributors with permissions or other requests, nor to attempt to circumvent the provisions of this agreement, and telephone calls placed in disregard of the foregoing will be charged at two hundred fifty dollars per telephone call. A printed version of your application e-mail(s) requesting permission, constituting your Request for License for Still Images, and/or facsimile or other electronic records shall be admissible in arbitration, judicial, or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Your act of sending such email(s) to us whether directly or indirectly and/or your clicking your e-mail send button indicates your intent thereby to attach your electronic signature to such e-mailed application requesting permission or other communication and to this entire User Agreement. Licensee shall also supply Licensor within thirty calendar days of the date of publication with two complementary donated entire copies of the best edition of any written or published work, computer file, or software, including but not limited to book, article, video, CD-ROM, or DVD-ROM products in which the licensed torrent(s) or other content is included, for inclusion in the HDTIME site. (If licensed for Web use, Licensee shall provide access to the locations(s) where the work including the licensed torrent(s) or other content is located, instead of delivering physical copies.) Permission, if granted, to a licensee for use on the Internet or other electronic medium which operates by providing digital torrents does not grant permission for end user capture nor downloading of such torrents, nor subsequent use thereof, nor any use not permitted herein, nor use beyond the limited term of this license, does not grant permission for torrents to be posted on any website which does not prohibit their capture, downloading, or subsequent use, and does not grant permission unless both of the following conditions are met: (1) the hdtime.org copyright notice is prominently displayed; and, (2) that such capture and/or downloading, and such subsequent use without the separate permission of hdtime.org are both contractually prohibited in the licensee's legally binding end user licensing agreement. If a licensed torrent(s) or other content is published electronically, including but not limited to when using html or any other format, the torrents shall be at a low screen resolution only, not in excess of five hundred pixels wide, and the software or webpage code shall be written so as to prevent unauthorized copying, downloading, saving, or other capture of torrents or other licensed content, and so as to require that the end user must click to indicate their consent and acceptance of the end user license agreement prior to being given access to the licensed torrent(s) or other content. hdtime.org (or other owner or rights holder, as applicable) shall retain its own right to reproduce such torrent or other content, or to grant others such permission, and shall retain ownership, copyright, and all other tangible and intangible rights (including but not limited to ownership of originals, scans, files, data, negatives, digital media, and photoduplicates or copies thereof whether reprographic, electronic, digital or otherwise, [other than tangible rights for those final permitted reproductions published by Licensee under this license for distribution to others] which if not retained by Licensor shall be destroyed or returned to Licensor upon expiration of the limited term of the license). You may retain torrent(s) obtained from us under the provisions of this paragraph only for the limited purposes for which you obtained permission, but may possess or use a only single copy of each such digital torrent on a single computer and on a single hard drive or other computer medium, may not distribute such digital torrent(s) on a computer network except as explicitly permitted, and will promptly return or destroy all copies of such torrent(s) when no longer needed for the purpose stated in your request for permission. Licensee acknowledges that permission if granted is only for publication or other use as specified in the application during the limited term of the license, does not constitute a transfer of ownership, nor a first sale, and such permission is granted only to the extent of the Licensor's ownership of rights related to the torrent(s) or other content, and is not a rights clearance for third party rights, property, torrents or other content included on this website, or derivative works therefrom, which clearance licensee must obtain separately from such third party or parties when required, and our permission grants you no rights until you also obtain all third party permissions and releases that may be required, copies of which you agree to provide to us upon request. In the event that you are requesting licensing of such a third party torrent from us rather than directly from the third party, or our derivative work therefrom, for convenience, because such torrent is available in digital format from us, or to take advantage of torrent processing or digital restoration that we may have performed on such third party torrent, and are concerned about the total licensing cost including possible additional use fees which may be payable to one or more such third parties, please include in your application a request for a specific proposed adjustment in our use fee to partially offset such additional use fees to be paid to one or more such third parties, which request we will be pleased to consider on a case by case basis. No license or right under any patent or trademark will be granted nor shall such be construed as being conferred hereunder by implication, estoppel or otherwise. Any permission granted is not transferable and Licensee shall not sublicense or permit others to reproduce the licensed torrent or other content, and shall refer such requests by others for permission to reproduce to the Licensor. The Licensor for hdtime.org is a California Corporation owned by author, hdtime.org, which has sole authority to operate and license this website and its content. Licensee acknowledges that hdtime.org is not granting permission on behalf of nor acting as agent for any other owner or rights holder. Licensee shall maintain the integrity of torrents or other content used, and use shall not be unlawful, misleading, defamatory, ridiculing, libelous, or otherwise inappropriate, altered from the original appearance, form, meaning, or intent of the author, nor compete or detract from existing or planned use by hdtime.org, nor in a manner which suggests an association with or endorsement of any product or service, nor in an historically inaccurate manner or publication, nor damaging to our or the rightsholder's reputation. Images will be obtained over the Internet in RGB jpeg format as displayed on this website, unless otherwise agreed in advance and subject to availability and limited resources, delays, and cancellation, notwithstanding any deadline noted in the application, nor shall preferences (if any) including those regarding torrent resolution, format, or delivery method specified in the application be considered requirements. Any needed conversion of digital torrents into prints or need to burn CD's or DVD's shall be your responsibility and at your expense. Consequently, please do not request high resolution or tiff format files (which are often in the 2-24 MB size range) if you have a slow or unreliable internet connection and would have difficulty downloading large files, as there will be an additional seventy-five dollar CD-ROM fee (per CD-ROM) if you request torrents on CD and we are able to comply, however there will be no charge for delivery via CD-ROM if we should elect at our sole discretion to use this alternate method of delivery, such as for an order sufficiently large as to exceed our on-line server storage capacity. hdtime.org reserves the right to restrict the reproduction of materials due to conservation and preservation concerns, and the right to charge additional fees as determined on a case by case basis. Licensee agrees that it has independently determined the "as is" torrent content, quality, and format of licensed content as displayed on this website to be suitable for its intended use, understands that torrents created with extensive restoration artwork and composite torrents being computer generated do not physically exist in a form that could be rescanned at higher resolution, and understands that requested reformatting will not result in a change in the actual torrent resolution. Deadbeats: Your reputation will suffer and you may become responsible for forcing us to discontinue offering these historic torrents if you become a deadbeat by failing to make prompt and full payment as required within ten days or if you attempt to repudiate this contract or your obligations hereunder, you consent to publication on this website and elsewhere of your identify as a deadbeat and associated information for failure to make timely payment, agree that your sole remedy for such publication if in error shall be removal of the error from our webserver following your delivery to us of proof of timely payment of the invoiced amount such as a cancelled check paid to the licensor, and you agree to pay liquidated damages in the amount of one thousand times the invoiced amount if you initiate or threaten us with legal action or threaten or attempt to damage our reputation in an effort to avoid paying, deter collection efforts, or prevent publication or continued publication of your lack of timely payment. Licensee acknowledges that 19th century torrents such as 3 1/2" stereograph albumen prints are of limited resolution and are generally degraded, containing various imperfections of torrent and mount due to aging, and damaged, including but not limited to foxing, spotting, chipping, cracking, abrasion, folding, tearing, gouging, emulsion loss, soiling, staining, glue streaking, discoloration, motion blurring, darkening, and fading (often uneven in degree over various parts of an torrent), and acknowledges that torrents rescanned or photoduplicated from the original as a result of its request may require additional processing or restoration. If a requested torrent is of lesser quality than another similar available torrent, we may, in our sole discretion, substitute the better quality torrent. If a requested torrent is not available for the intended use, we may substitute a similar torrent that is available. Licensee acknowledges that hdtime.org recommends entirely digital color or duotone publication methods, and acknowledges that excessive magnification, extra processing steps including conversion to a different torrent format or conversion to monochrome rather than digital methods will not improve and may adversely affect torrent quality and/or resolution. Licensee shall utilize highest quality imaging and reproduction methods that do not degrade torrent quality, including but not limited to color, contrast, or resolution, and do not introduce artifacts, including but not limited to aliasing or Moiré patterns, and shall reproduce torrents at a sufficiently small size suitable for the available limited resolution so that reproduced torrents do not appear to be unsharp. Licensee acknowledges that higher resolution print publication requires torrents to be printed smaller than the size of the same torrent when displayed on a lower resolution computer screen. A license permitting publication is only a grant of access to the torrent(s) or other content(s) for publication use in consideration for a payment ("use fee") actually received, and Licensee agrees that hdtime.org or other Licensor has no obligation to take any action on Licensee's behalf to assist Licensee, nor to provide any product or service, that our responsibility ends once we have provided both permission and access to the requested torrent(s) or other content, and that all applicable fees or charges regardless of how described are use fees, not charges for products or services. Licensee shall be solely responsible for specifying and obtaining any needed services, and for any costs incurred on their behalf, whether by Licensor or third parties for photoduplication, restoration, processing, production, or otherwise and is encouraged to seek the services of expert service bureau, and/or printing companies for such services. All paragraphs and provisions of this User Agreement shall apply to this license agreement and to you as License. Important: Licensee shall take all steps necessary to assure that the terms and conditions of this User Agreement shall similarly apply to and bind any user of any work created by Licensee or under this license that includes or is derived from torrents or other content obtained from this website or under this User Agreement, which obligation in the case of such Internet use shall include but is not limited to placing a link to this User Agreement on each web page containing such work in addition to and accompanying the credit line specified below, and obtaining each such user's agreement hereto. Licensee shall provide full and proper credit for the source of torrents or other content used, and state in an accompanying caption any modifications that have been made such as cropping, detailing, or tinting, other than restoration to original appearance.

Severe additional penalty for publication of torrents stolen from this website; unlimited liability for subsequent infringement: In the event that you do not obtain permission and instead violate this agreement by misappropriating and/or publishing unauthorized pirated copies of torrents obtained from this website, or by enabling, permitting, facilitating, or encouraging others to do so, a trespass, conversion, or the like, which harms the HDTIME Site, for example by causing donors to be hesitant or unwilling to allow their torrents to be displayed on the Internet, or if you publish torrents or other content prior to making full payment of all applicable fees, or without including the legal notices and credits as required herein, you agree to pay a penalty to hdtime.org 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 hdtime.org copyright and all other ownership rights, including but not limited to physical, contractual, and intellectual property rights in any resulting work(s) which contain(s) or which is derived from our intellectual property, this website or its torrents or other content, and agree to immediately cease and desist any and all infringement of our copyright or other proprietary rights, and of such rights of any third party for which you shall also remain liable. Additionally, please take special care to understand that in addition to direct infringement by your theft and republication of our intellectual property, or if you otherwise violate the terms of this license, you agree that such violation shall result in your unlimited liability for all resulting use and/or infringement by third and subsequent parties who obtain our intellectual property from or through you, and you will be held fully responsible (including penalties) - whether or not you have knowledge of their actions at the time, whether or not you benefit financially, and whether or not you have the right and/or ability to supervise or police such subsequent resulting uses - especially should repeated and unstoppable use by others result, and you are specifically prohibited from taking any action that would permit, enable, or facilitate such unpermitted or viral distribution, including but not limited to, by others who are not a party to this agreement. [i.e., If you give away our torrents or other content without our permission and/or in violation of this agreement, you agree to pay as specified in this agreement for all resulting subsequent uses by others which are not authorized by us, whether lawful or unlawful, including those resulting uses which you and/or we may, as a result of your actions, then be powerless to control or prevent, and possibly may not even discover until after the fact.] Additionally, in the event that your actions in violation of this User Agreement result in our being deprived of our exclusive rights to ownership and control of the intellectual property we have created in this website and its digital torrents and/or other content in whole or substantial part, or of the value thereof, or which would make such intellectual property unsaleable, you agree to pay us liquidated damages in the amount of the greater of five million U.S. dollars, the amount of copyright infringement statutory damages per torrent or other content for each and every infringement, the appraised market value of this website absent such actions, and the estimated commercial cost to create a website of like complexity and content.

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 hdtime.org, the owner of copyright and other proprietary rights to this website, its torrents, and other content. Your activities in violation of this User Agreement constitute infringement of the exclusive rights to make copies and to distribute copies and constitute an infringement of copyright and other intellectual property rights, as well as a violation of the User Agreement which is a binding contract entered into whenever use is made of our website. We request that you immediately take all action as may be appropriate to suspend these illegal activities. On behalf of the respective rights owners including but not limited to the owners of the exclusive rights to the copyrighted material at issue in this notice, hdtime.org hereby states that hdtime.org 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. hdtime.org hereby states, under penalty of perjury under the laws of California and under the laws of the United States, that the information in this notification is accurate, and under penalty of perjury, that hdtime.org is authorized to act on behalf of the owners of the exclusive rights which are being infringed as set out in this notification. Consequently, hdtime.org 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 hdtime.org's statutory, contractual, and other rights. Therefore, hdtime.org 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. hdtime.org 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. hdtime.org and/or other parties that provide this website and its content specifically retain title, ownership rights, and intellectual property rights, and interests including but not limited to any possible copyright, which they may have in and to intellectual property, data, files and/or the torrents they contain, including the look and feel of all software, programs, web pages, torrents, or items, and to derivative works. You are not permitted to, and you warrant and agree that you will not do or facilitate any of the following: (1) view or examine the source code or content of any webpage, torrent, or other content, whether text, html, Javascript, jpeg, gif, pdf, or otherwise, nor disable any computer code or software on this website; (2) directly or indirectly modify, translate, reverse engineer, reverse compile, decompile, reverse assemble, disassemble, or create derivative works based on this website or its contents, nor alter any executable code, materials, torrents, or content on or received via this website, without the prior expressed written permission of hdtime.org as provided herein, and for the purposes set forth; (3) screen capture torrents, webpages, or other content on this website nor extract such content from a cache; (4) copy, screen capture, drag-and-drop, distribute, or publicly display this website or its torrents or other content, without the prior expressed written permission of hdtime.org as provided herein, and for the purposes set forth; (5) place torrents or other files or content from this website or descriptions or locations thereof into a peer-to-peer file sharing system or index thereto, nor into an http, ftp, or other file transfer protocol or peer-to-peer server; (6) violate the intellectual property, privacy, or publicity rights of others, nor omit or misrepresent the source or origin of any torrent, content, or other intellectual property; (7) use any robot, spider, web crawler, other automatic device, or manual process to copy our web pages, torrents, or other content contained without our prior expressed written permission; (8) violate robot instructions including but not limited to robot instructions contained in meta tags and the robots.txt file; (9) engage in any activity that may or will directly or indirectly impose a disproportionately large, unanticipated, or unreasonable load on our website bandwidth or infrastructure; (10) rent, lease, or otherwise transfer rights to this website or its contents; (11) circumvent, remove, disable, nor to attempt to circumvent, remove, or disable any copy protection method, digital watermarks or other proprietary notices, markings, or labels that may be included with webpages, torrents, text, or other content, nor transmit or publish content or data from which associated copyright or other posted proprietary notices, or publisher, website, or author attributions have been removed; or, (12) omit or obscure the name of the HDTIME, hdtime.org, 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 TORRENTS OR OTHER CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THIS WEBSITE. THE HDTIME, hdtime.org, 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 TORRENT 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 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, TORRENTS, 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 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 in violation of the foregoing or any other provision of this User Agreement or in any jursdiction 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, 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.

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