USER
AGREEMENT
This website is completely free (as in zip, zero, nada) for more that 99%
of the visitors who just want to enjoy seeing the pictures, etc. online and are not making money by using our restorations. This website and related content is made available only for your personal educational viewing using a web browser and all other rights are expressly reserved by the copyright owner. Permission to browse this copyrighted website requires acceptance of this User Agreement. It is a violation of this agreement and/or U.S. and international copyright laws to download, forward, duplicate, or distribute unauthorized copies of this website or the pictures, even for internal or personal use. Please do not download pictures or other content without first requesting permission. Pictures on this website are generally copyrighted original skillful restorations. Sorry about all the rights and permissions legalese — otherwise it wouldn't be feasible for rare and valuable collections to be available for your study on the net. Using this site (and all related activity, including sending us messages) means you accept its terms. Don't be put off by the legalese, but please read these terms and conditions of use carefully before using this website, because you are bound by them. This user agreement is needed mostly to make sure that our good deed of putting all this great stuff on the net goes unpunished, and to emphasize that publication and commercial rights are not being given away, i.e. "Take no pictures ... and leave no footprints" or "Look but don't touch," and there is no warranty. The goal is for you to enjoy viewing these historic treasures on the CPRR Museum website, not to keep them locked away out of sight, but theft of content from this website will seriously anger our generous donors who have allowed their rare and valuable mostly private collections to be displayed here and will put our entire project in jeopardy, so please contact us and let us know when we can be of help, if you have ideas about how to do this better, or if you believe that we are being in any way unfair or unreasonable, but please don't get mad at us for only being able to let you see these wonderful images until you obtain permission for other use as we attempt to deal as best we can with technological limitations, donor restrictions, the dismal state of copyright law, some rather hairy legal requirements, and our need to pay the bills to keep this museum open (donations are requested), or because of a blog, and please don't spoil our day by sending us a rant without first reading our rants page. Point at the blue FAQ boxes for pop-up answers. Caution: Acknowledgements, links, etc. are not merchant endorsements. Only send content intended for publication. To avoid squandering scarce resources, please only send licensing requests that you are certain about or penalties may apply as the terms are ORDERS ONLY, ALL ORDERS FINAL! If you do not intend to be legally bound by these terms and conditions, please do not access or use this website – as such browsing would violate this website's copyright.
That said, let the contract begin:
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"Always do right. That will gratify some of the people, and astonish the rest." —Mark Twain
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If we can help, don't hesitate to ask! Click here for PERMISSIONS and HOMEWORK requests. E-mail:
We attempt to answer all e-mail we
receive promptly. If you don't receive a quick response, we did not
receive your message, so please write
to us again. Make sure to include
an English language meaningful e-mail subject
line,
and avoid HTML formatted or virus infected e-mail, so that your message
is not mistaken for
spam and automatically deleted.
E-mail is not totally reliable – if your e-mail is returned,
please wait a couple of hours and resend. Privacy
policy. E-mails, images, files, or other communications
received become our property and may be published, edited, or discarded
at
our sole
option. |
BY USING THIS WEBSITE, YOU INDICATE YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS:
PERMITTED USE / CONFIDENTIAL
INFORMATION / LICENSING REQUESTS /
DISCLAIMER OF LIABILITY / ARBITRATION
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ON-LINE
REFERENCE VIEWING USE ONLY. EACH
ACCESS IS BY PERMISSION ONLY. ACCESS FOR PICTURE DOWNLOADING
IS NOT AUTHORIZED. 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. THIS WEBSITE PROVIDES ONLY EVANESCENT AUTHORIZED PREVIEWS;
YOU MAY NOT KEEP COPIES WITHOUT PERMISSION, WITHOUT NOTIFYING US, OR AS A SUBSTITUTE
FOR
PURCHASING
A
LICENSE. READ
THIS
ENTIRE
CONTRACT
BEFORE
USING
THIS
WEBSITE.
IF YOU DO NOT AGREE TO THE TERMS OF THIS USER AGREEMENT, YOU ARE NOT GRANTED ANY RIGHTS WHATSOEVER IN THIS WEBSITE OR ITS TEXT, SOFTWARE, FILES, OR IMAGES OR ANY RIGHT TO BROWSE OR VIEW THE CENTRAL PACIFIC RAILROAD PHOTOGRAPHIC HISTORY MUSEUM OR ITS CONTENT. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT BROWSE THIS WEBSITE WHICH WOULD CONSTITUTE A VIOLATION OF COPYRIGHT LAW, NOR CLICK ANY IMAGE OR LINK TO "ACCEPT" THE CPRR.ORG USER AGREEMENT, AND MUST PROMPTLY RETURN ALL COPIES OF THE WEBSITE SOFTWARE, FILES, IMAGES, TEXT, OR OTHER CONTENT. IF YOU ARE AN INDIVIDUAL WORKING FOR A COMPANY OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY AUTHORITY TO BIND YOUR COMPANY OR ORGANIZATION TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT.
!["The unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to five years in federal prison and a fine of $250,000." [and "We at the FBI have no sense of humor we're aware of."] FBI Anti-Piracy Warning](images/I_ACCEPT_the_User_Agreement/logos/FBI_antipiracy_blue.jpg)
This website is protected
by Copyright. All rights reserved. Copyright registration for the Central
Pacific Railroad Photographic History Museum has
been granted annually after review by the United
States Copyright Office,
since this website's inception in 1999, as evidenced by multiple issued U.S.
Certificates of
Copyright.
FBI
Warning to "Pirates
in Cyberspace" about the crime
of "Intellectual
Property Theft":
"The
unauthorized reproduction or distribution of this copyrighted work is illegal.
Criminal copyright infringement, including infringement without monetary
gain, is investigated by the FBI and
is punishable by up to five years in federal prison and a fine of $250,000."
Warning – Fraud and related activity in connection with computers: Using this website for DOWNLOADING PICTURES or other content without first requesting permission additionally may constitute a felony under the federal Computer Fraud and Abuse Act (18 U.S.C. §1030), and state Computer Misuse Statutes — such downloading is NOT AN AUTHORIZED ACCESS.
"It is difficult to make our material condition better by the best law, but it is easy enough to ruin it by bad laws." —Theodore Roosevelt
RESTRICTED ACCESS:
This
license is necessary, for example, because copyrighted website content must be copied onto a computer
to function. This
End User License Agreement ("CPRR.org 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 the "Central
Pacific Railroad Photographic History Museum,"
including
but
not limited to visual and documentary resources, during the term of this Agreement
on a single designated computer, using a
web
browser with javascript enabled, in real time to no more than two people at
a time for personal, private, local, non-commercial,
educational viewing purposes relating to the railroad, historical, or photographic
subject mater of this website only,
for
reference
use
only,
subject
to
the
limitations
set
forth
herein, and except with our written permission,
not to copy or to redistribute,
in any form, including but not limited to downloads, framing or similar means,
prints, or screen outputs or any part thereof, to
any
other
persons or locations, nor in any other medium, nor make other than customary
historic use, nor make use in other
than an expected manner. This license authorizes
no other access or use, nor any other multiple computer or multiple user
arrangement. Other
uses, reproduction or distribution are specifically prohibited. You agree not to store, retain, reproduce, make available, or distribute content, data, text, images, software, or files obtained from this website or from us without our permission, nor to help, facilitate, encourage, or induce others to do so without our permission. WE RESERVE TITLE TO EACH IMAGE(S), FILE(S), OR OTHER CONTENT OR MEDIA TRANSFERRED
TO YOU AND REQUIRE ITS RETURN SO THAT WE WILL REGAIN POSSESSION FOLLOWING THE
EXPIRATION OF THE FIXED TERM OF THE LICENSE WHICH PROVIDES ONLY LIMITED RIGHTS
FOR THE
EXHIBITION
OR
DISTRIBUTION
FOR A LIMITED
PURPOSE AND FOR A LIMITED PERIOD OF TIME AS SPECIFIED HEREIN OR, IF APPLICABLE,
IN OUR INVOICE. Any
possession of such images or other content or media not expressly authorized
under this License or beyond the end of the limited fixed term is prohibited.
You acknowledge and agree that all content accessed through this
website is the
property of CPRR.org or the applicable content owner, is never owned by our
Licensee, you are not owner of a copy or copies, nor of a particular copy,
and such content may be protected by contract and/or applicable copyright law,
that
the
source
code
of the files
of this website remain a confidential trade secrets of CPRR.org and/or its
suppliers to which
access is not granted, that this License gives you no rights to such content,
and that you shall at all times take reasonable steps to protect the confidentiality
of such content. 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 acknowledge and agree
that you are only licensing rights to use this website, its content, and all
content otherwise obtained from us, and that all copies thereof, are and
will remain our sole and exclusive property. You
warrant and agree that there is no legal reason that you cannot enter into
a binding
contract.
If
you do
not
understand
or do not agree to the terms and conditions of this User Agreement,
we are unwilling to grant permission for you to access or use this website
or its content, and you are not licensed to do so. You shall acquire no ownership
rights to this website or any webpage, image, 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, nor shall you retain or take continuing
or permanent possession thereof. The license granted herein to
use images or other content shall automatically terminate instantly upon
your
failure to comply with the terms of this User Agreement, any subsequent use
is without permission and in violation of copyright, and all monies owed
shall immediately become due and payable, however all other obligations
and
provisions hereunder
shall survive, and specifically, but not in limitation of the foregoing, you
agree that any provision(s) hereof that operate to protect us shall remain
in force. All
images
are for private non-commercial educational viewing purposes only. Except as explicitly
permitted,
PLEASE
DO
NOT
DOWNLOAD
OR COPY IMAGES FROM THIS WEBSITE (ASK
US FIRST)!
This
website uses Digimarc Digital Watermarking image anti-theft technology which
Forbes magazine calls "A
Pirate's Worst Enemy." Digimarc
and the Digimarc logo are registered trademarks of Digimarc
Corporation. The "Digimarc
Digital Watermarking" Web Button is a trademark of Digimarc Corporation,
used with permission. Students
who have reached the age of majority or whose parents and teachers have accepted
this User Agreement
on their behalf are granted a no-fee academic license
under the terms and conditions herein to use a web browser to print out one
or more the 17 web pages with pre-selected printer friendly
"Favorite Homework Pictures" but
only when accompanied by the annotation and legal notices included on those
web pages, for schoolwork use during the current
semester, but not for publication, nor internet,
nor other electronic use, nor further distribution, granting permission only
to print single copies
of the pre selected images for their homework, school report, or poster. (Ask
us for permission to use other pictures for homework, or for any
other use of those favorite homework pictures.)
Permission
is granted to search engines that are made available to all on the Web without
charge to index the text of this website, but not the images, and
to transiently display as part of search results the title and description meta
tag
text
content
from Web pages on this site, or a brief quotation relating to the search terms. Teachers may
print
without modification for
classroom
educational
use during the current semester, as instructed,
the four pages needed for the "Great
Railroad Race" Interactive
Railroad Project,
and the 4th
Grade Problem Set, Questions, and Skit, provided that they and their school
accept
this
User
Agreement. You will be responsible for any and all costs, charges, and
taxes associated with your electronic access, including but not limited to
charges from your Internet Service Provider and/or telephone company. You
may not remove or alter any copyright, trademark, or other legal notice. All
other access, use, disclosure, reproduction, delayed
use, reduction
to human-perceivable
form, printing, copying or saving of digital image files or other content, reformatting,
file sharing, downloading, uploading, storing, posting, mirroring,
archiving,
recording, distributing, redistribution, repurposing, modification, rewriting,
manipulation, creation of derivative works, translations, or products, licensing,
sale, transfer, display, public performance, publicity, broadcast, televising,
reporting, publication (in whole or part) or transmission whether by http,
ftp,
electronic
mail
or any other file transfer protocol, and whether by electronic means or otherwise,
or use by other than individual scholars, or commercial use requires prior written permission of
the rights owner(s) and payment
of a fee, and severe penalties apply
for theft and unauthorized
publication, which is also a crime. [Yes,
we know that you think that all this legalese is completely ridiculous,
and we think so too, but we also believe that
current
law unfortunately requires that
it be done this way; So if you know of a better, simpler "legally correct" way,
do tell us how!]
Each
User and other person(s) or entity(ies)
entering
into this agreement ("You") agree(s) to refrain from engaging in, or facilitating,
encouraging, promoting, soliciting, enabling or assisting
others in any such non-permitted access or use. You agree to transfer and
assign to CPRR.org, without additional consideration, any rights, ownership,
or
title
which
you
may
obtain to our name(s), trademark(s), image(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 photographs, maps, documents and
other
content,
or its associated computer search mechanism(s), 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 CPRR Museum website, so you may not and
we ask that
you
please
do not
access
or
use this website if you do not agree to all these terms and conditions of service.
Your access to this website is specifically conditioned on your acceptance
of our intellectual property rights to this website and its images 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 CPRR Museum or this 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 complete,
truthful and accurate, and will not be misleading in any way. We reserve the
right to take appropriate legal action to cover our damages if you violate or
refuse to partake in your responsibilities or commit fraudulent activity against
us. You further agree
to
comply with all Export Control Laws, rules and regulations applicable to the
export
of
this website or its content and
you shall not transmit, download, export, re-export or transship this website
or content obtained from us in violation of any United States laws and regulations
which may from time to time be applicable, nor may this website or any content
obtained from us be transmitted or otherwise exported or re-exported
into, or
to, nor be used by a national or resident of any country to which the U.S.
has embargoed, nor to anyone on the U.S. Treasury Department's list of Specially
Designated
Nationals
or the U.S. Commerce Department's Table of Denial Order, and so by using this
website you are agreeing to the foregoing and you are representing and warranting
that
you are not located in, under the control of, or a national or resident of
any such country or on any such list.
Proprietary Rights: You acknowledge and agree that the Central Pacific Railroad Photographic History Museum, any necessary software used in connection with this website ("software"), and any images, materials, data, documents, or other content provided by us that is related to the Central Pacific Railroad Photographic History Museum, this website, or the software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content contained in the Central Pacific Railroad Photographic History Museum or information presented to you through this website or by us is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CPRR.org, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Central Pacific Railroad Photographic History Museum, this website, its content, text, images, or the software, in whole or in part, nor use our trademarks or service marks for any purpose. You may not use any content on this website or obtained from us except in compliance with this User Agreement. The rights granted to you under this User Agreement may not be used to create, or enable the creation or redistribution of unlawful or unlicensed copies of any content on this website or obtained from us, nor to circumvent, violate, or enable the circumvention or violation of any terms of this User Agreement.
CPRR.org may have proprietary rights that are necessary for you to license
in order to make use of this website, its content, and related intellectual
property. We
do not wish to be exposed to liability or risk of loss as a consequence of
our
generosity
in
making available historic images and other content on-line,
nor to lose licensable publication rights upon which the financial viability
of this project depends. Consequently, and as stated in the above preamble,
if
you
do not intend to be legally bound by these terms and conditions, please do
not access or use this website. We sincerely regret that this legal document
is of necessity lengthy and complex, ask for qualified help in hopefully making
it less so in the future, and invite you to submit a
fully developed counteroffer that shows us how to do this better, but if you
are simply unwilling to take
to
time to
read
and
understand
its provisions, disagree with any of its terms, or are of the belief that it
is overreaching or in any way unfair or unreasonable, there are many
alternative sources for transcontinental railroad historical information and
you can easily avoid the provisions of this User Agreement entirely by leaving
immediately
and making
no access
to
or use
of this website.
However
if you instead choose to make use of this website, thereby accepting this User
Agreement, you agree that as a consequence you
shall be bound by all of its provisions and may not later argue that this agreement
or any provision hereof is invalid or inoperative merely because of length
or complexity, nor may you later assert, and you waive the right to argue that
this User Agreement should be ignored or invalidated on the grounds that it
is overreaching
or
in any
way
unfair or unreasonable, and not in limitation of the forgoing, you further
agree and stipulate that this agreement or parts thereof may not be ignored
or invalidated due to length, complexity, overreaching, unfairness, or unreasonableness,
or the like unless such argument shall prevail generally against any contract,
law, and regulation of like
or greater length, complexity, overreaching, unfairness, or unreasonableness,
etc. (We note in passing, by way of comparison and perspective, that this
User Agreement, is less than a third the length of the text of just this website's Frequently
Asked Questions pages, and constitutes less than 0.03% of this website.)
We also strongly urge you to stop
smoking, always buckle
your seatbelt,
carefully first read
each prospectus and do your own research before you purchase or invest,
and diversify whenever investing,
understand that "past
performance is not a guide to future performance and should not be used as
a reason for
selecting a particular investment," and control
your cholesterol and blood pressure, even when reading legal
documents.
"Things should be as simple as possible, but not simpler." —Albert Einstein
CLICK TO ACCEPT: Any access to or use of this
website or its Internet domain name(s) or IP address(es),
image(s), or content, including but not limited to clicking (or the equivalent)
on any link or image (other than to view this User Agreement web page),
or by sending
the character string "/I_ACCEPT_the_User_Agreement/" to our web server as you
must do to gain access to our images, or by clicking on your "SEND" button
to send us an e-mail, or the like, all indicate
and
signify
that "I
ACCEPT"
this user agreement, WHICH CONTAINS A PRE-DISPUTE ARBITRATION CLAUSE,
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 such 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. You stipulate and agree that: (1) clicking
any internal
link(s)
on this
website
or otherwise accessing another webpage, or utilizing the provided computer search
mechanisms,
or
further
accessing
copyrighted
content
on
this
site
necessarily
results
in
copying of our copyrighted content from our server to your computer, with
additional copying steps occurring between intermediate internet servers and
routers,
and
among
computer
RAM,
disk
memory,
browser cache, CPU,
video
memory,
and/or the
display at your computer and at multiple internet locations;
(2)
copying
or searching of
such
webpage(s) or other copyrighted
content
without
permission
would violate our copyright; (3) this User Agreement provides that permission
to perform such copying of copyrighted content to access or use this website
is
only
granted
to those who fully accept
this User Agreement; consequently,
(4) any such access to or
use of this
website necessarily means that you have either accepted this User Agreement or
have violated our copyright. 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), or equipment owner, 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), and the equipment
owner.
You
warrant
and
agree that all persons who with your permission or while in your employ obtain
access to this website or our content shall observe and perform all the terms
and conditions of this User Agreement, and that in the event such person violates
this agreement, you, at your own expense, shall promptly enforce the restrictions
of this User Agreement diligently using all legal and equitable remedies. 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 images, 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
for a limited
term,
NEVER SOLD, is not a gift, shall not be abandoned, and is and shall become and
remain
the
sole
and
exclusive
property
of
CPRR.org or the successor thereof which shall have the right to access
to retrieve,
remove,
or modify. Access and use is explicitly
restricted as set forth in the terms and conditions hereof, and you have
not purchased any product;
therefore, other access or use is not authorized and you have not been granted
and must
not
incorrectly
infer
that
you
have
purchased
or have been otherwise granted the
full
range
of
rights
that normally accompany consumer products–including
those
containing
copyrighted
embedded
software or other content, and you acknowlege that it is our intent to regain
possession so you
must
return
our
content at the completion of the license term and you may
not retain or salvage any
copies, and any copies that must be erased or destroyed, including
but not limited to copies in a temporary browser cache or on a physical medium,
shall
be
erased
or
destroyed
by you (acting in the capacity as our limited agent for this purpose alone, and
not
as
owner), and
shall not
be transferred
to
any
third
party
for
erasure
or
destruction.
You
acknowledge
and
agree
to
the
validity
of
the
CPRR.org
copyrights, trademarks and service marks, trade secrets, and other proprietary
laws and
rights
both in the United States and internationally,
and our claim of ownership of the intellectual property that comprises this
website, its images and other
content,
and that CPRR.org has established significant rights and valuable good will
therein. You agree not to impair the title, rights and interest of CPRR.org in
such marks
and other intellectual property, including but limited to images and other content,
names, pseudonyms, full name(s), shortened name(s), Internet
domain name(s), and the acronym(s) of this museum, website, and associated
entities and author(s) thereof and their logo(s), nor our reputation or good
will.
You
agree
not
to
claim
that
this website or any of its images or other content are yours, and not
to
make
any claim
to, apply to register, or register any such CPRR.org mark or any confusingly
similar
marks or other CPRR.org intellectual property. All use of any and all
CPRR.org marks and/or other intellectual property on or relating to this website
or derived
therefrom shall
inure solely to the benefit of CPRR.org.
You
stipulate, warrant and agree that
CPRR.org owns owns all right, title and interest in and to the content of this
website (including, without limitation, all pages, text, data, images, files,
software,
and/or information) and
all
related intellectual
and
proprietary rights of any kind anywhere in the world, and that you will not challenge
or
dispute our ownership or 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, images,
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 images,
and
acknowledge that
we
prohibit
access
to all who do not so agree, and that copying a full image shall
constitute
100% of the original, 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 images,
or allowing, assisting, encouraging,
solicitng, enabling, 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, images, text or other content therefrom available (or
obtained from us) to those who have not accepted
and are not bound by this
User Agreement, or by otherwise circumventing or modifying this User Agreement
or any legal or technological means or software that we or others 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 museum 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
images
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 photographing it in a museum."
U.S. Court of Appeals, 2nd Circuit, November 28, 2001. |
There is no warranty as to the accuracy, consistency or fitness for any particular purpose of any content, information, image, or opinion available on this website, from CPRR.org, or offered in response to a question or inquiry. When reading answers to questions or other content, make sure to follow all the links provided, so that you do not miss seeing supplementary material, comments, corrections, alternate points of view, etc. We greatly enjoy seeing images that you may have and are willing to have included in the CPRR Museum, and are glad to attempt to assist with image identification or restoration (image researchers and collectors please take careful note of our donations policy which does apply to any images sent to us with a question, inquiry, or request for identification or restoration), however, to make best use of our limited resources, you must tell us all of what you already know about each such "unknown" photograph and its photographer at the time of your first inquiry, and you agree to also supply us high resolution digital copy(ies) of the image(s) in your possession that is/are the subject of your inquiry. However, in the event that you make such an inquiry while failing to provide us with donated copies your image(s) that are the subject of your inquiry, in violation of the forgoing, you agree to pay a research fee corresponding to one hour per e-mail you send us.
No information, identification, or opinion received by you from us or as a result of our efforts, or from this website, or from a member of the public responding to your inquiry, possibly forwarded by us, shall be published, disclosed, or disseminated by you without our prior specific approval in writing, be construed to be definitive, nor an appraisal, valuation, authentication, or expert opinion, nor be used to substitute for informed professional advice, nor used for a commercial purpose, nor for making a decision regarding the purchase, sale, or pricing or any item, and you should neither act, nor refrain from action on the basis of any such information, identification, or opionion, nor shall there be any obligation for us to respond to any question or inquiry, nor to provide any support, research, or other services. The information you find on this website or receive from or via us is for informational purposes only, does not represent a judgment of the authenticity or market value of any specific item, may only be an inexperienced amateur's casual best guess, may be limited in accuracy because the individual commenting may not have seen the actual item and may be relying only on a picture or description and likely will not have taken the time to do in depth research, might come from an interested party such as a seller or dealer who could be biased, have undisclosed conflicts of interest, or could be placing their interest above yours, and should never be used in place of a visit, communication, consultation with, or the advice of your own chosen expert. You are solely and entirely responsible for providing due diligence if the accuracy of any such information matters to you and for discovering negative information and finding out whether there are "skeletons in the cupboard" and for understanding any risks involved. Because most of the items shown or discussed on this website or related communications are old and may be rare, in most instances it will be difficult to obtain authenticated details and virtually impossible to obtain adequate information to reliably determine value or authenticity, or to distinguish antiques from fakes – expect to be fooled at least occasionally even if you are experienced, and often if not. You understand and agree that if we respond to an inquiry from you by providing information, images, or other content or references or links thereto, such information is of a general nature that does not necessarily apply to your individual factual circumstances, and there is no implied license or warranty, and this is not intended as a circumstance where we or others create a work at your request and hand it over, intending that you copy and distribute it or rely upon its accuracy.
Rules from 1882 Transcontinental Railroad Timetable
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 images 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 CPRR.org or this website, including but not limited to under the Visual Artists Rights Act of 1990, or similar statues, copyright, or trademark. Not all images or other content 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 images 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. We do not make any representation that any content or use of this website is appropriate or available for use in and particular city, county, state, province, territory, nation, location or jurisdiction, inside or outside of the United States, and accessing this website or our content from where such use is illegal or prohibited by this User Agreement is strictly forbidden. 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 immediately pay any and all taxes, including taxes due or assessed against any party hereto, including but not limited to any applicable sales, use, value added, income, property, transfer, inheritance, estate, or gift taxes, and promptly 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. Photographs or other creative works, generally, are the physical property of collection holding them, while literary rights, including copyright, if any, may belong to the photographer, the authors or their heirs and assigns. Quoted text in brief quotations (either surrounded by quotation marks and/or indented as a block quote, or e-mail or electronic comment format) should be understood to originate from the identified source which is as stated in the text, and/or alternatively indicated by the presence of a hyperlink from the text (or portion thereof that is most informative as to the information to be found by following the hyperlink) to the source, and/or the source which is identified in a footnote, or an electronic message "From" header or forwarded message "wrote" attribution, comment link, or message signature, and is not original to or being attributed to our author; however, when an extended passage is reproduced, the attribution style is that which is used by the original source for attributing its quotations. If you object to any of the forgoing styles for attributing source material, let us know the specifics of your objection and refrain from using this website and its contents. Also advise us if you discover any material that should be attributed and is not, or which is incorrectly attributed. Nothing herein shall be construed as advertising or conferring any license or right under any copyright, except as explicitly provided in the paragraph on permissions, below, nor exceeding the copyright interest, if any, owned by us). 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 or trademark clearance. Note that starting recently, the Union Pacific aggressively protects its logos and trademarks. There are also no model or other releases known to exist for images on this website. Often the owners only hold the physical rights and/or the electronic rights, possibly non-exclusive, to images or other content in their collections, and in some instances the original content may be in the public domain and/or available elsewhere, but we do not grant access, we deny permission to use our network, equipment and trademark, and we decline to license use of copyrighted new material to enable your access to, copying or use of any content from this website, except as explicitly permitted. CPRR.org copyright notices provided on this website and the content herein, are for convenience only as such notices are no longer required under current law, and should be understood as limited within proper legal bounds in their reference and scope to copyrighted work or any other interest protected by copyright law including, but not limited to, new material, text, images, computer code, derivative works, compilation, and other original content that is under CPRR.org copyright and should not be misconstrued to apply to non-proprietary content that you may be able and should, if desired, obtain elsewhere, nor to claim exclusive right or limited monopoly under copyright law not granted CPRR.org by the Copyright Office, nor for any portion in the public domain, so use restrictions thereupon are based on contract, not copyright, and you may be permitted to freely reproduce other original copies which you are able to locate and purchase or that are owned by others but to which you are able to obtain unrestricted access elsewhere, and consequently to be able to independently develop rival products, although other originals may be expensive and/or time consuming and difficult to find, and access and/or reproduction fees – unrelated to copyright – are commonplace at museums and libraries for use of such materials in their collections. For example, although access is restricted as provided herein, copyright is not claimed with respect to reproduced governmental works, except that the compilation including such works is copyrighted, and copyright is additionally claimed for original derivative works which are not mere copies of the governmental works and constitute additional content and/or new material that may supplement and/or substitute for the public domain original. When copyrighted materials are intermingled with a public domain works, and especially when new creative derivative works are systematically substituted for damaged public domain content, case law precidents are difficult to apply to new digital technology, and permissions requirements are extraordinarily fact sensitive and difficult to analyze, great caution must be exercised, and you may need to seek qualified legal advice. You acknowledge and agree that you may not engage in free-riding and CPRR.org does not grant and shall retain all rights in this website and its content, however obtained by you, or in content otherwise obtained from us, including all extraction and utilization rights, and regardless of whether content has been extracted herefrom by you or not, nor may you make any substantial withdrawal of data including but not limited to accumulation of small portions at any given time. We regret that we are unable to provide legal advice regarding rights clearances, copyrights, or other legal matters and urge you to consult an intellectual property attorney if you have legal concerns. If the source credit for particular images or other content is not stated, it may be unknown or anonymous. Photo credits including but not limited to statements on this website or in our e-mail(s) that particular image(s) or other content is from or "Courtesy of [a named donor.]" are included only as a source credit and/or "thank you" for donations and should be considered by you when determining what rights clearances may be needed, but may be missing, incomplete, or erroneous and may not be relied upon to determine ownership for purposes of obtaining permissions and copyright clearances, nor may any donor or third party give you permission to download or use any image or other content from this website, nor shall we, this website, or CPRR.org become or be considered a party to any transaction you enter into with any third party, donor, or linked website. A quoted attribution of source credit should never be understood to indicate that the CPRR Museum obtained access from the named source, nor to imply that there is in existence any contract to which the CPRR Museum and the quoted named source are parties respecting usage rights; such quoted credits are reproduced for informational purposes only, not as our legal notice, and will be removed upon request, for example, if they become a source of confusion regarding rights clearances. 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. Making copies to save the expense of licensing authorized copies is unathorized commercial use. You stipulate and agree that unauthorized copying of one or more images 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, will substantially and adversely impact us, and, notwithstanding any safe harbor guidelines promulgated by others or case law to the contrary, and you hereby waive the right to claim or assert that such unauthorized copying in lieu of licensing constitutes "fair use" or does not constitute willful infringement. Making additional copies beyond what is authorized by this license is not fair use.You further stipulate and agree 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 image depicted on this website, and to variations of such images, including, but not limited to changes in the size, resolution, image format, or tangible form of expression. We make no representations or warranties with respect to ownership of or copyrights or trademarks, if any, in images 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. You expressly assume all responsibility for observing applicable laws of copyright, trademark, literary right, trespass, conversion, property right, antiquities, privacy, publicity, and libel. You acknowledge that digital images on this website or obtained from us are our valuable property, that viewing of images and other website content is a valuable consideration, that you are additionally receiving something of value due to the convenience of viewing or obtaining content in the manner and format provided, 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 image or other website content.
CPRR
Museum Statement of
Environmental
Policy:DHMO WARNING! Dihydrogen Monoxide which has now been largely abandoned for use in railroad locomotive propulsion systems |
DISCLAIMER OF ENDORSEMENT: CPRR.org does not recommend or endorse external websites which should open in a new browser window, where possible. We are not responsible for content on external web sites, nor for the opinions and/or unverified assertions that may appear on this website or elsewhere. This is the "wild west" in more ways than one. Anyone can post comments on this website or provide information, and no expertise, verification, peer review, or regulation should be assumed. We do not recommend, endorse, or vouch for any third party or their information, comments, opinions, content, product, service, offer, sale, purchase, or auction. It is entirely your responsibility to verify information, honesty, and reputation, to determine what buyer, seller, or other conflicts of interest may exist, and to obtain expert advice, appraisal, and escrow services when needed. This website may be hosted by CPRR.org 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 CPRR Photographic History Museum, are beyond our control, and may include information regarding third party offers. CPRR.org 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, or posting comments. 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 or loss. 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, and you may not claim that the this website or its content is yours. The CPRR Photographic History Museum's author, CPRR.org, publisher, copyright holder(s), other rights holders, licensor, and other parties that provide, operate, and/or license this website and its content (and their officers, directors, shareholders, representatives, agents, affiliates, employees, consultants, service providers, 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, museum, library, company, institution, organization, contributor ("donor"), 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, any statement on a third-party website to the contrary should be disregarded, and no inference or assumption should be made and no representation is implied that the CPRR Photographic History Museum, CPRR.org or its affiliates in any manner operates, edits, or controls any third-party website nor such third-party website's services, products, or information, even if, and not in limitation hereof, such third-party is acknowledged as a donor. Specifically, but not in limitation of the foregoing, the Central Pacific Railroad Photographic History Museum is not affiliated with, connected with or otherwise sponsored or endorsed by the Union Pacific Railroad, the California State Railroad Museum, nor the Welch rail town of Llanfairpwllgwyngyllgogerychwyrndrobwyll Llantysiliogogogoch. CPRR Photographic History Museum, CPRR.org and its affiliates disclaim, do not recommend or 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 for informational purposes only and at the discretion of CPRR.org, 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, nor a recommendation or endorsement of any website, 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, mentioned, or described on this website are those of the respective author(s) or owners and not those of CPRR.org. Caveat Emptor! – Caveat Venditor! Caution: The CPRR Museum has never given permission for use of our name or website in connection with any on-line auction. By your following a link to other website(s), 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 (with most web browser software) 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.
You agree to immediately notify us if you have any reason to believe that our activities in any way infringe on copyright or other intellectual property rights, or constitute copyright misuse under common law, as our policy is to lawfully protect intellectual property and be cooperative with content users and providers, and to respond promptly to any notice received of alleged infringement or misuse of intellectual property laws such as copyright, including, but not limited to, by removing, pursuant to the DMCA, any website content claimed to be the subject of infringing activity. 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. 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We take very seriously being put in legal jeopardy and/or having our limited resources squandered, so do not donate, send, or sell to us content that has any associated use restrictions, which you don't want to be online, or which violates our donations policy, as removal from this website of content previously provided by you and any associated tasks which are required to respond to and/or comply with a takedown notice (or in response to a removal request initiated by you which we chose to act upon at our sole discretion) will be charged to you at the published hourly rate for custom modification to the website for the wasted efforts both in creating the original web content to be removed and for its removal, in addition to any legal fees, and other costs and liability incurred. By sending a communication directly or indirectly to CPRR.org 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 images derived therefrom, text, or other content 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 following a brief period of storage (while the storage medium is under the continuous possession of the licensee), 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, and all functionality retained. It is the intention of the parties hereto that, unless advance permission has been obtained, all copies otherwise or inadvertently downloaded, including but not limited to, due to browser operation, pdf viewing, malfunction, configuration, or misconfiguration, and including copies downloaded in accordance with this user agreement, or in violation hereof, shall similarly be transient copies, according to the forgoing, and you agree not to retain and to yourself personally (and not using a third party) promptly manually delete and erase all such downloaded copies, files, or other content from this website, that are not or will not be automatically deleted and erased. CPRR.org 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 images and/or other information in this website, nor by linking, nor by indicating credit for any contribution(s) to this website.
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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 CPRR.org 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 CPRR Museum, and we do not endorse any merchant or assume responsibility for transactions conducted with them. This website is a member of the Amazon.com Associates Program, in association with Amazon.com. Amazon.com® is the registered trademark of Amazon.com, Inc. This website is an affiliate member of the HistoryChannel.com Network. This website carries an Internet Content Rating Association rating and other machine readable content ratings to indicate its suitability for use by children, and displays the ICRA logo, use of which is subject to the ICRA terms and conditions and is not transferable. The selection and placement of advertisements linked on this website under the Google AdSense program is determined automatically by a computer program for presumed relevance to the content of the webpage on which they appear, and have not been reviewed, endorsed, or approved by us; consequently maintaining editorial quality of "Ads by Google" is the responsibility of Google.com. Viewing of certain web content may require installation of additional software on your computer, including but not limited to a pdf viewer such as the free Adobe reader; installation of software is at your entire risk. Due to scanning and digital restoration of images, the appearance of items may differ substantially from actual condition. Please note that we are not responsible for typographical errors. 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, altered words or spelling, and garbled tables, and as such machine transcribed text has not necessarily been completely proofread, it must be used with caution. You may not rely upon the accuracy or timeliness of images, 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. Use of this website and its content is entirely at your risk and you are cautioned that excessive viewing could lead to railroad obsession and/or marital strife. This educational website and its content, images, 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, designs, investments, or purchases. Past investment performance is not predictive or indicative of future results, so you should not assume that the purchase of any item or product made reference to directly or indirectly on this website, or indirectly via a link to a third-party web site, will be profitable in the future. You are further cautioned that railroadiana collectibles, historic photographs, ephemera, works of art, rare books, maps, and the like, are easily damaged thinly traded highly speculative items which are difficult to price and for which no established market likely exists and may be subject to large commissions or dealer markups, that produce no income, that should be authenticated and purchased only by those with sufficient expertise, are not recommended by us for purchase, and if acquired need to be properly stored, conserved, preserved, and insured, should acquired for personal enjoyment and not be considered investments, are not diversified, and are unsuitable for most individuals. Before deciding to purchase such items, please consider that your spouse or family may not understand or approve, and your children, other heirs, or institutions may be disinterested and not want your collection which you may have difficulty in selling or even giving away (for example, due to the cost of accessioning a collection, and the ongoing expenses for storage and insurance). For example, but not in limitation hereof, this website, its contents, or other information or opinion obtained from us may not be used to authenticate or determine the value, age, rarity, or desirability of securities, antiques, railroad equipment, photographs, artwork, collectibles, or the like, and does not constitute an offer to sell, or the solicitation of an offer to buy any securities, antiques, railroad equipment, photographs, artwork, collectibles, or the like and must not be relied upon in connection with any purchase or investment decision. Maps on this website or obtained from us are historical in nature, may contains errors, do not reflect current conditions and such maps are not for use in navigation. Neither we, nor this web site and its resources are engaged in rendering transportation, medical, engineering, artistic, pharmaceutical, navigational, environmental, philatelic, scripophilic, ferroequinologic, historical, academic, therapeutic, investment, nor legal advice or professional services, nor may this website or information obtain from us be deemed to constitute or be used as a substitute for your obtaining needed advice from a qualified professional. You should obtain professional advice as appropriate also because the application of laws and regulations will vary according to your particular circumstances, and because laws and regulations change frequently. You should not use the information on this website for self-diagnosis or for treating any health problem or disease, including but not limited to any of the variations of railroad mania, spouse inattention syndrome, internet addiction, or smallpox; contact your health-care provider immediately if you suspect that you have a medical problem. As built or current conditions may not be accurately reflected in historic or other descriptions or depictions, i.e., your mileage may vary. Please note that comments made during locomotive cab rides may include forward-looking observations that are subject to risks and uncertainties, and that actual destination may differ materially from these forward-looking directions. For more information on the factors that could influence resulting destinations, including but not limited to track curvatures, please refer to railroad timetables. Additionally, but not in limitation hereof, this website, its contents, or other information, images, data, or opinion obtained from us may not be used any for safety, mechanical, design, construction, building, engineering, or operational purposes relating to railroad, aircraft, nuclear facility, or other equipment, or functional models thereof, including, but not limited to replica locomotives, "live steamers," nor for any hazardous activity, nor for any activity that could result in an accident, collision, derailment, fire, burns, scalding, steam explosion, environmental damage, or in bodily injury or death, nor for real estate descriptions, title searches, or transactions, nor for any purpose where a misinterpretation or error could result in anything more serious that a minor, harmless historical cosmetic inaccuracy. Please request permission if you wish to obtain a license to use a thumbnail image from this website, for example, for display on a personal portable device such as a cellphone, PDA, or iPod. The contents of this website and of any e-mail or other communication from CPRR.org merely represents the then current view of CPRR.org or the author and should not be interpreted to be a commitment on the part of CPRR.org or the author, nor an expert opinion. Opinions expressed on this website or other writings may be those of other information content providers, or historical content, including but not limited to contributing authors, individuals sending us messages or other content donated for publication on this website, or persons posting comments, and are not necessarily those of CPRR.org, and should be presumed to be unvetted. It shall be entirely your responsibility for verifying the accuracy of information and sources, and the qualification, if any, of individuals, upon which you choose to rely. For purposes of robust immunity from liability for publishing false or defamatory material, we "shall not be treated as the publisher or speaker of any information provided by another information content provider." 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, that it sets forth our entire liability, all representations made, and all warranties or commitments that are binding upon us, that it is not intended to inure to third-party beneficiaries, 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, nor may you rely upon the representation(s) of any donor. Any attempt to transfer any of the rights, duties, or obligations hereunder except as expressly provided for herein is null and void. In the event of a dispute, the parties hereto agree to resolve the dispute by looking to this User Agreement. This User Agreement shall not limit any rights that we may have any under intellectual property or other law, including but not limited to copyright, trade secret, or contract law. 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, nor to make any additional commitments, representations, or warranties which do not appear herein, 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, images, 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, and constitute proprietary, trade secret, commercial data which is not subject to, and may not be disclosed under the disclosure provisions of any federal, state, local, or other law. Sponsored links on this website automatically continue and renew for the number of months initially chosen, or for six months periods if otherwise unspecified, unless and until you give prior written notice by e-mail of cancellation, however, we reserve the right to cancel sponsored links at any time by giving you written notice and making a pro rata refund; sponsors should schedule such timely periodic payments and not expect or await reminders. Recommendations and information are not intended to replace well-structured policy or sound judgment and do not address individual or site-specific issues, so you must take care when using or implementing to address individual or local operational and policy concerns.
Order Acceptance Policy: Your submission of an order and/or receipt of an order confirmation, automated or otherwise, does not signify our acceptance of such order. We reserve the right to cancel any order that we deem necessary, at our sole discretion, regardless of the order status or whether you have received a confirmation of the order. We reserve the right to require additional information from you before accepting or processing any order.
Use of a CPRR.org 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 CPRR.org 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. Providing your comments posted or sent to the CPRR Discussion Group, other than anonymously, i.e., that include your e-mail address, may be taken to indicate your request to receive CPRR Discussion Group e-mails; send requests to be removed from the CPRR Discussion Group e-mail list to museum@CPRR.org. U