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:
"Always do right. That will gratify some of the people, and astonish the rest." —Mark Twain
Help us to build this museum by e-mailing us your pictures, information and questions, but send nothing owned by someone else, confidential, private, or that we may not freely publish.
If we can help, don't hesitate to ask!
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
and avoid HTML formatted or virus infected e-mail, so that your message
is not mistaken for
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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
BY USING THIS WEBSITE, YOU INDICATE YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS:
PERMITTED USE / CONFIDENTIAL INFORMATION / LICENSING REQUESTS / DISCLAIMER OF LIABILITY / ARBITRATION
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.
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.
Warning to "Pirates
in Cyberspace" about the crime
"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
Additionally, you grant us a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information, you provide, directly or indirectly to us, including, but not limited to, any user generated content, ideas, concepts, techniques, images, identity, and/or data, you submit, send, or provide to us or our affiliates, without any further consent, notice and/or compensation to you or to any third parties.
According to Fujifilm, "CAUTION: If you experience fatigue or discomfort while viewing 3D images, cease use immediately. A ten-minute break is recommended about once every half hour. Switch to 2D immediately if 3D images still appear double after you have adjusted parallax. Individuals with a history of photosensitive epilepsy or heart disease or who are unwell or suffering from fatigue, insomnia, or the affects of alcohol should refrain from viewing 3D images. 2D display is also recommended for young children (up to the age of about six) whose visual system is still maturing and for individuals with notable differences in vision between their two eyes, who may find it difficult or impossible to observe the 3D effect. Viewing 3D images while in motion may cause fatigue or discomfort." Do not taunt and discontinue use if any of the following occurs: itching, vertigo, dizziness, tingling in extremities, loss of balance or coordination, slurred speech, temporary blindness, profuse sweating, or heart palpitations.
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. Senno Ekto Gamat!
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
this user agreement, WHICH CONTAINS A PRE-DISPUTE ARBITRATION CLAUSE,
and each such action indicates your intent to thereby attach
signature to this agreement, and your unconditional acknowledgment
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
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
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
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
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
or otherwise accessing another webpage, or utilizing the provided computer search
copying of our copyrighted content from our server to your computer, with
additional copying steps occurring between intermediate internet servers and
browser cache, CPU,
display at your computer and at multiple internet locations;
or searching of
webpage(s) or other copyrighted
would violate our copyright; (3) this User Agreement provides that permission
to perform such copying of copyrighted content to access or use this website
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
equipment used to access this website or its content, or to communicate with
us or our
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
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
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
this website. This website and all associated images, content, e-mail,
or other intellectual property regardless of where located or how accessed
any media on which it may reside is only licensed as set forth herein
for a limited
NEVER SOLD, is not a gift, shall not be abandoned, and is and shall become and
CPRR.org or the successor thereof which shall have the right to access
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
or have been otherwise granted the
that normally accompany consumer products–including
software or other content, and you acknowlege that it is our intent to regain
possession so you
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,
by you (acting in the capacity as our limited agent for this purpose alone, and
copyrights, trademarks and service marks, trade secrets, and other proprietary
both in the United States and internationally,
and our claim of ownership of the intellectual property that comprises this
website, its images and other
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
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
this website or any of its images or other content are yours, and not
to, apply to register, or register any such CPRR.org mark or any confusingly
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
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,
and/or information) and
proprietary rights of any kind anywhere in the world, and that you will not challenge
dispute our ownership or proprietary rights or the rights of content donors,
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,
apparatus and content ("website"),
validity of our copyright or the originality of this
but not limited to the originality of each and every one of its images,
to all who do not so agree, and that copying a full image shall
100% of the original, and
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,
agreement and acceptance of our proprietary rights, or in any manner
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
copying, or use of this website or such property, violates this
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
left unprotected), and
or a like tort, whether such tort
conventional, or unknown in the statutory and/or common law and so requiring
of this website and intellectual property,
and whether such like tort be previously named, or unnamed. Images
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
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
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
of this User Agreement.
|Courts have upheld the
ability of content owners to restrict access to their digital works, flatly
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. All writings should be understood to be each author's or contibutor's unverified ideas, views, and opinions only, and definitely should not be taken to be authenticated facts. 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, documents, or other items 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, documents, or other items 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 image, document, or other item of interest or "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), document(s), or other item(s) in your possession that is/are the subject of your inquiry. It shall be a serious violation of this user agreement to waste our time, for example, by making an inquiry while withholding information, images, or data already in your possession that would be helpful in researching or answering your inquiry. Specifically, but not in limitation of the forgoing, if you make an inquiry seeking information about an individual, including but not limited to an ancestor who worked for the Central Pacific Railroad or other railroad, you agree to cooperate in searching for the requested information, including by immediately providing us with the person's name, and all vital statistics, biographic, and work history information available to you. However, in the event that you make such an inquiry while failing to provide us with donated copies your image(s), document(s), information, data, or other item(s) that are or relate to 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 opinion, nor shall there be any obligation for us to respond to any question or inquiry, nor to provide any support, research, or other services. Comments should be understood to be purely personal and generally based on individual experience, so what is stated is an opinion and may well be wrong. 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 and mining is a potentially lethal chemical which is known to the State of California to be a cause of serious injury and fatalities, and additionally is incompatible with and poses an electrocution hazard with computer electronics and may severely damage computer equipment rendering it inoperative. Consequently you are required to take all necessary precautions to protect any computing equipment to which you have physical access and that is used for this website or access thereto from the risk of dihydrogen monoxide contamination. For further information, see Dihydrogen Monoxide FAQ.
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 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. The CPRR.org domain's "Administrative Contact" (shown in the internet Whois database) is the "designated agent" to which to report via e-mail alleged copyright infringements on this website under the Digital Millennium Copyright Act, P.L. 105-304 (or to send other legal notices) and such notification should identify in sufficient detail the allegedly infringed copyrighted work (please also specify your copyright registration number); provide sufficient information to allow us to identify and contact you; include the statements "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law." and "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."; and include your signature. 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), e-mail address, name, physical address, or other third party identifier. 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.
Links from other websites to <http://CPRR.org> are a welcome and permitted use of this website, however, by granting such permission, CPRR.org does not grant permission for links to individual image(s) ["inlined link(s)"] or to other elements or content of this website, nor to frame pages on this website within pages on other websites, nor to add advertisements or links to pages on this website. A link from another website to this website grants CPRR.org permission for a reciprocal link including, at the option of CPRR.org, the linking website's logo, banner, or image derived therefrom, and permission, but not an obligation, in the event that such reciprocal link(s) becomes for any reason inoperative, for CPRR.org to mirror royalty free any internet content, or portion thereof, that would otherwise cause a broken link, or to use a third-party's mirror or archive thereof. New users should first visit the Welcome page at <http://CPRR.org>. You may refer to this website only as the "Central Pacific Railroad Photographic History Museum", may refer to the author only as "CPRR.org", and may link only using the URL "http://CPRR.org", and no alteration of the website name, author, or URL is permitted, nor is it permitted to disclose or publish the name or other personally identifiable information regarding any person or legal entity, as author, contributor, or other affiliate with this website without explicit written permission. Specifically, but not in limitation of the foregoing, indexing and/or linking to any URL at our website containing "/images/" and/or ".jpg" or ".jpeg" or ".gif" or ".tif" or ".tiff" or ".ppt" or ".pdf" (and whether lower case or upper case characters are used) in the internet address is specifically prohibited, nor may you link to any content on this website in such a way that would make such content accessible without display of our copyright, proprietary, and other legal notices, and related copyright management information, except for use of logo images accompanying links to this website as specifically permitted, and you agree to follow the indexing rules specified in our robots.txt file and robots metatags, and to refrain from operating spider software in violation thereof. You may not access any webpage, file, image, data, or portion of our web server except using a URL which appears as a link on our website or is provided to you by CPRR.org. Our webserver may additionally host or this website may link to one or more third-party websites of descendents of Lewis Metzler Clement, their spouse, or legal entities which such individuals control ("family members") which may have their own domain name(s) and aliases; such websites are not part of the CPRR.org Museum, however, all disclaimers, liability limitations, dispute resolution provisions, and like provisions hereof which protect us shall apply to such family members' websites and to such family members and shall inure both to our and the family members' benefit, and all provisions hereof shall apply to the use of this website and our webserver by all third party family members; even if technically possible, you may not access such family members' websites using the CPRR.org domain name or its aliases listed on this website, nor may you access the CPRR Museum website using such family member's website's domain name(s) or aliases. When links, descriptions, or other references to this website, its content, and/or content obtained from this website are removed from another website, whether at your discretion or at our request, such removal shall be total and complete, leaving no trace or indication on the Internet or elsewhere of the removed content or link(s), with no remaining partially functioning or broken remaining code, nor broken link(s), nor archived copies, nor shall any statement, caption, link, or rant describing, containing, or referring to the removed link(s) and/or content or any related communications remain or be added or published.
CONFIDENTIAL INFORMATION: You acknowledge and agree that the CPRR Museum includes but is not limited to text, images, graphics, e-mails, or other material or content and any product, service, information, content, software, message, advertisement or any other work found at, aggregated at, contained on, distributed through, linked to or from, downloaded to or from or in any other manner accessed, and is confidential to CPRR.org and protected by proprietary rights and laws and that disclosure, including but not limited to copying, reproduction, and/or retransmission or other unauthorized use, or providing access to this website or its content to anyone who does not accept this User Agreement is strictly prohibited, and specifically, but not in limitation of the foregoing, you agree not to make disclosure of such confidential intellectual property and proprietary trade secret information on and comprising this website or portion(s) thereof to any third party who has not previously agreed to and is contractually bound to the terms and conditions of this User Agreement, and stipulate that such disclosure shall constitute contributory and vicarious infringement of our copyright and other rights hereunder. Furthermore, but not in limitation of the foregoing, you stipulate and agree that the digital modifications, enhancements, and/or restorations of images shown on this website which visually distinguish such images from the original from which they were derived and/or from other originals or copies thereof are trade secrets of such detail and type that human memory cannot retain or duplicate, and that such modifications, enhancements, and/or restorations are not apparent from inspection of only the modified images, so that the human web viewing of such images as authorized herein does not make possible disclosure of such trade secret information, and such disclosure requires copying by photographic, mechanical, electrical, or digital means or the like which is only authorized by specific permission. In the event that any unauthorized disclosure, misuse, misappropriation, unauthorized display or copying of or by this website or our content should come to your attention, you agree to provide us with immediate written notice thereof. Additionally, any information concerning this website or its affiliates or the contributors to this website or their conclusions, views, and/or opinions which is not published on this website is also understood to be proprietary trade secret information and you agree not to disclose any such information which may come into your possession which is not published on this website and to also treat such information as confidential. Except as otherwise specified herein, you agree that you will direct all communications relating to us, to this website or the operation thereof, or regarding permission for use of our images or other content, directly to us and not to any other party or entity. You shall not release any information regarding us or your relationship with us or our contributors, including, without limitation, in press releases or promotional or merchandising materials, without our prior written consent, but we shall have the right to reference and refer to your use of our images or other content for marketing and promotional purposes. You may not issue any press release or other public statement regarding us, CPRR.org, the donors to this website, or this User Agreement, without our prior written consent. In particular, you agree not to disclose or publish any information regarding the identity, location, personally identifiable information, the collections, or the opinions on issues of controversy of anonymous or pseudonymous authors or donors, nor, without our permission, attempt to identify, locate, or contact them in any way, whether in person, by telephone, e-mail, or otherwise, nor to violate their rights including but not limited to their rights of privacy and publicity. Specifically, but not in limitation hereof, you warrant and agree not to make any disclosure nor take any other action that might compromise the privacy or safety of any such donor, nor the security of their collection, nor which would reveal a donor's identity or the location of their collection. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of confidential or proprietary information, and agree not to use confidential or proprietary information for your own or any third party's benefit without our prior written approval, in each instance. When communicating with us, you shall not provide us with any materials, writing, image, information, content, attachment, or data that is private or confidential to you or any third party, and any notice, legend, or label to the contrary shall be without effect, and we shall be free to use anything that we receive from you in any manner that we deem appropriate.
Non-Disparagement: You agree to take no action which is intended, or would reasonably be expected, to harm us or our reputation, invade our privacy, or which would reasonably be expected to lead to unwanted or unfavorable publicity to CPRR.org, CPRR.net, this website, museum, or us, including but not limited to contributors and authors to or of our website or discussion group. In the event that you disagree with the content, opinions, or policies of this website or its author(s), your sole and exclusive remedy shall be to notify us by e-mail, and all changes or corrections, if any, shall be made at our sole discretion.
You agree not to take any action that will impose a disproportionately large or unreasonable load on our computer web server(s) or programs thereon, our network, or other infrastructure, nor to interfere or attempt to interfere with the proper working of our website(s) or any program thereon, as determined by us in our sole discretion. Please be mindful of the large amounts of data transfer needed to allow viewing of the CPRR Museum web pages with multiple, large images, and avoid suddenly flooding the CPRR Museum website with large numbers of unanticipated visitors. Suddenly increased, excess web traffic on this website as a result of your actions, including but not limited to publicity, reporting, or recommendations to others regarding this website on network television or radio or national publications or media, of more than one gigabyte of additional Internet data transfer per month, shall be at your expense, and you agree to reimburse 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. Links may be to our affiliates and sales through affiliate links may benefit this website. CPRR.org may collect a small percentage on sales or other fee using affiliate, associated, or advertising website links, at no additional cost to you; thanks for your support when using such links! 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 be 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. We urge you to stay safe and bring to the attention of law enforcement authorities any concerns regarding safety or property damage and not to engage in dangerous or vigilante activities; You agree not to involve us or use this website in connection with any such activities. 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.
Stay safe! Don't get yourself killed by playing on the tracks or by wandering off into the wilderness.
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. THE TERMS AND CONDITIONS ARE LIMITED TO THOSE CONTAINED HEREIN AND ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS, MESSAGES OR MESSAGE ATTACHMENTS DELIVERED BY YOU ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN. 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, e-mail attachments, 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. Due to the inherent risk involved with attachments to e-mail and with html contained in e-mails, and our inability to verify the contents of e-mail, attachments and html content may not be opened, read or saved, and attachments may be deleted automatically by spam filters, so you must ensure that the entire content of your message is available as text contained in the body of your e-mail. 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. Unless indicated otherwise, please understand that opinions expressed in such submitted comments are personal statements only, and do not necessarily reflect the views or any organization or employer.
CPRR.org and any of its subsequent assignees may assign this User Agreement, in whole or in part, or any of its rights or delegate any of its duties hereunder to any party. This User Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns. The parties agree and acknowledge that no third party has or shall have any rights as a third party beneficiary or otherwise arising from or relating to this User Agreement. We reserve the right, in our sole discretion, to amend, modify, add, remove, or change these terms or portions thereof at any time, without prior notice, and to revoke permission for any cause or for no cause. You agree to be bound by any such amendment and assume the responsibility for periodically reviewing this User Agreement with respect thereto. Any changes become effective immediately or upon posting of the revised User Agreement on this website, so please use a notification service and check this website online periodically for such changes. When changes are made we will update this User Agreement on our website, and our website will be updated on the effective date, unless an immediate change is necessary, for example, to maintain security or unless a law, rule or regulation requires that it be updated at an earlier time, but if such a change is made, and it can't be disclosed without jeopardizing security or for some other urgent or emergency circumstance that might jeopardize life, liberty, or property, this User Agreement will be updated within thirty days after the change. Your continued use of this website or of any content obtain from or through us following the effective date of any such modification of this User Agreement will show your consent, and continuing consent to this User Agreement and to the modification. Contractually imposed use restrictions as specified herein may be more restrictive that those of copyright law; for example, but not in limitation hereof, under this contract you waive certain statutory rights, including giving up your fair use rights under copyright law, and will be bound by the waiver. Continued use of this website or its contents indicates and shall be deemed to constitute your affirmation of your agreement to this entire User Agreement, including all such restrictions and any changes. To immediately stop using this website and its content is your only remedy should you not agree to any of the terms of this User Agreement, as amended. The terms and conditions of this User Agreement shall apply to all images, text, e-mail, webpages, and other content and to all our intellectual property wherever located, including this website, and including copies thereof in whole or part, or derived therefrom, regardless of the form, electronic, printed, or other, whenever or however obtained, including but not limited to when obtained from third parties with or without our permission. This website contains thousands of legal notices regarding this User Agreement, Copyright, ownership, etc., which serve to alert visitors to this contract and related intellectual property licensing issues, etc., however, in the event that the language of such notice(s) is inconsistent with the language herein, the language of this User Agreement shall prevail, and the location of each of such multiple notices shall be disregarded when construing this instrument and the notice and merely reflects the need to take into account the non-linear organization of a website, the ability to search a website by computer, and related technical issues and style, so that there is no single website location where a notice could be placed that would be fully equivalent to a single notice placed at the front of a book, so that multiple such notices are needed. (For example, the phrases "no downloading" or "no copying" or the like when used in various notices on this website are employed and should be understood as a shorthand for the prohibition of obtaining and retaining in whole or part an electronic or print copy of one or more of our digital files or other content in violation of this license, and does not refer to the transmission of content from this website's server to the temporary cache of your web browser, and subsequent automatic erasure, as necessary to allow permitted webpage and image viewing using your computer and as is allowed according to the terms of this User Agreement.) All notices under this User Agreement shall be in writing, such as e-mail, therefore, and not in limitation hereof, notices to you may be posted on this website or sent via e-mail. We reserve the right to provide communications on paper, but you agree that we are not obligated to use paper and may at our sole discretion communicate electronically. Our records, kept in the regular course of operating this website and related e-mail, shall be presumed to accurately reflect the contents of your instructions or other communications to us and our reply(ies) or other communications to you, if any, and in the absence of manifest error, will be binding and conclusive. A printed version of this User Agreement shall be admissible in arbitration, judicial, or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This User Agreement, and any e-mail, facsimile, or other communications between you and us that is or can be printed by a computer onto paper, whether electronic or on paper, shall be considered to be "in writing" and you should print a paper copy of this User Agreement and any such personal electronic communication that is important to you and retain the copy for your records. If you are unwilling to receive this User Agreement, licensed content, or other communications from us electronically, you may not use this website or otherwise license content from us. Clause or paragraph titles, headings, translations into languages other than English, emoticons, html tags, image titles, and/or pop-up answers to frequently asked questions are for reading convenience, and hyperlinks are for convenience in accessing related information, and all shall be disregarded when construing this instrument, as shall the historic "Special Information All Should Read," the discussion of "forward-looking observations ... and ... resulting destinations," the Google Adsense advertisements, the pithy italicised quotations of Einstein, Shaw, etc., the "ACHTUNG! ... " Computer Warning, and the "Statement of Environmental Policy," nor in any way limit, define, construe or describe the scope or extent of such portion of this User Agreement, nor in any way affect this Agreement. References herein to the CPRR.org internet domain shall include any alias or mirror domain names or numbers. Receipt and/or use of any donations shall be governed entirely by this User Agreement and shall not constitute agreement or acceptance of any additional terms and conditions contained therein which shall be null and void. You may not transfer or assign this User Agreement and any such transfer or assignment will be null and void and of no force and effect. You further agree to refrain from engaging in any conduct that is, or that we determine to be, in violation of this User Agreement. You acknowledge that remedies at law may be inadequate to protect against breach of our intellectual property rights, as prohibited under this Agreement, and you agree to the granting of injunctive relief without the posting of a bond or undertaking, for the protection of terms laid out in this User Agreement without proof of actual damages. You agree to undertake at your expense any measures and/or legal actions necessary to protect and defend our intellectual property by counsel reasonably accepted by us, and upon request to cooperate with us when we need to do so, and to cooperate with us as fully as reasonably required in the defense of any claim or in asserting any available defenses. We shall have the right at our sole discretion to assume the exclusive control and defense of any matter. You agree that you will not settle any action or claims on our behalf without our prior written consent.
Your relationship with us is and at all times shall remain one of licensee and licensor, and nothing in this Agreement shall create any other relationship between us, including but not limited to not creating any joint venture, joint employer, franchisee-franchisor, employer-employee, professional-client, organization-member, or principal-agent relationship between you and us, nor impose upon us any obligations for any losses, debts, taxes, or other obligations incurred by you or as a result of your actions. You agree that any time you expend relating to this website is only for your enjoyment and educational purposes and/or your educational hobby or collection and is not labor on behalf of us or our website, and that while you may donate property, including intellectual property (for which gifts we are most grateful!), you may not and agree not to work on our behalf or donate your labor to us, nor allow us to determine the manner or result of your activities or accomplishments, nor shall there be any economic exchange thereby. You shall not have the legal right or authority under this User Agreement to make any warranty, promise, guaranty, representation or agreement in our name or for our account.
It shall be your sole responsibility to insure or self-insure against damage or loss any valuable goods or other property which you own or are sending to us, regardless of their location, or while in transit, including but not limited to antiques, artwork, documents, ephemera, books, or historic photographs, nor shall any such delivery to us result in the creation of any loan or bailment, express or implied. You also acknowledge that good data processing practice dictates that all software and data must be thoroughly tested by you using non-critical data before there is reliance on it.
Non-enforcement of any provision herein does not constitute consent or waiver, and we reserve the right to enforce such provision at our sole discretion and at any time, without limitation, and regardless of any delay after we learn of any violation of the terms and conditions hereof and whether such delay be reasonable or unreasonable, and the waiver of any breach of any provision of this User Agreement shall not be deemed to be a waiver of any preceding or subsequent breach, nor shall any waiver constitute a continuing waiver. You agree to pay to us the hourly research charge and any additional costs and/or damages resulting from your breach or attempted breach of this User Agreement which may cause us to expend resources to research and/or to block or attempt to block unauthorized access and/or violation or abuse of our intellectual property, procedures as set forth herein, and/or computer network and/or to prevent or attempt to prevent such access, violation, or abuse from occurring or continuing. No omission or delay by us in exercising our rights or remedies will impair them, nor be construed as a waiver, nor will any partial or single exercise of a remedy or right preclude further exercise of any other remedy or right. Each of the rules, terms, and conditions set forth in this User Agreement stand alone, and any such provision which is inconsistent with the applicable laws then governing will be deemed to have been modified by us and applied in a manner consistent with such laws. If any portion of this agreement shall be held unenforceable, invalid or inoperative, then, (a) the remainder of this agreement shall be considered valid and operative, and the remaining provisions shall be nevertheless carried into effect, (b) insofar as it is reasonable and possible, effect shall be given to the intent manifested by the portion held unenforceable, invalid or inoperative, and such portion shall be reformed only to the extent necessary to make it enforceable, and (c) and, if further required to give effect to the original intentions of the parties hereto, such invalid or unenforceable provision shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties to this User Agreement and has like economic effect. You agree that in the event that any prohibition hereunder on copying is held unenforceable, that in lieu of the prohibition you will instead pay us use fees according to the published schedule for commercial use for all copying. The language of this User Agreement shall be construed as to its fair meaning and not strictly for or against any party. WE WANT TO FULLFILL ANY OBLIGATIONS THAT WE MAY HAVE AND CONSEQUENTLY REQUIRE THAT YOU TELL US PROMPTLY IF THERE IS A PROBLEM AND GIVE US THE OPPORTUNITY TO TAKE REMEDIAL ACTION. IF YOU SHOULD CONCLUDE OR DISCOVER FACTS WHICH REASONABLY INDICATE THAT WE HAVE VIOLATED THIS USER AGREEMENT, OR FAILED TO PERFORM ANY OBLIGATIONS THAT WE MAY HAVE, OR HAVE BREACHED A LEGAL DUTY, OR HAVE MISUSED ANY LAW OR REMEDY, OR THAT WE HAVE BEEN NEGLIGENT, YOU ARE REQUIRED TO DIRECTLY NOTIFY CPRR.ORG BY E-MAIL AT THE EARLIEST OPPORTUNITY BUT WITHIN 12 HOURS, AND TO FOLLOW-UP BY PROVIDING ALL KNOWN SPECIFICS AND DETAILS BY E-MAIL NOTIFICATION TO MUSEUM@CPRR.ORG WITHIN TEN DAYS. IF YOU FAIL TO GIVE THE FOREGOING TIMELY NOTICES TO US, YOU SHALL THEREBY IRREVOCABLY WAIVE ALL CLAIMS AND CAUSES OF ACTION. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the CPRR Museum or this User Agreement must be filed by you within one (1) year after such claim or cause of action first arose, and regardless of when discovered, or be forever barred. The parties hereto stipulate and agree that (1) as the physical premises of the CPRR Museum consist of the Museum's Internet webserver(s) and storage components thereof, these shall be construed as the Museum's real property, and (2) that the electronic signals created when the website or content thereof is used constitute the CPRR Museum's physical personal property; neither of which shall be trespassed or converted by unauthorized entry, access, transfer, or use and our right to exclude others from trespassing and/or converting such property or from our virtual network premises is not equivalent to any rights protected by copyright. You also acknowledge that contractual arrangements between the parties hereto are not equivalent to the general exclusivity provided by copyright. The parties hereto further stipulate and agree that use of this website or the content thereof in violation of this User Agreement causes actual and irreparable harm inflicted by such conduct, constitutes a substantial interference with possession or the right thereto, and shall give rise to causes of action for trespass, conversion, or the like, false advertising, federal and state trademark dilution, computer fraud and abuse, unfair competition, misappropriation, interference with prospective economic advantage, unjust enrichment, copyright infringement, and other causes of action as applicable, and that no remedy or election we choose shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity, and that each image or graphic shall constitute a separate copyrighted work. We reserve the right in our sole and unfettered discretion to deny you access to this website at any time for any reason or for no reason.
In particular, unauthorized printing or down-loading of images reproduced on this website from the Robert Dennis Collection of Stereoscopic Views, Miriam and Ira D. Wallach Division of Art, Prints and Photographs, The New York Public Library, Astor, Lenox and Tilden Foundations ("NYPL") is prohibited.
Acknowledgement: Bruce C. Cooper, the great, great grandson of CPRR Assistant Chief Engineer, Lewis Metzler Clement, separately doing business as Cooper-Clement Associates, Digital Image Services, a third party, independent contractor, does Digital Image Restorations, many excellent examples of which have been graciously donated and appear on this website, as noted.
ORIGINALITY: You acknowledge, agree, and stipulate that image restoration and enhancement demonstrated on each of the images shown on this website, constitutes originality, is a substantial variation and adaptation that is not an inevitable result of the digital medium of reproduction, and does not consist merely of making an accurate, faithful, slavish, or mechanical reproduction of a degraded historic photograph, map, or document with absolute fidelity, but – to the contrary – such creative artistry consists of, but is not limited to, manual artistic personal imprint, in each case creating a better new improved version recast, transformed, adapted, and distinguishable from the digitally scanned or digitally photographed image from which it was derived (which is just the staring point, not the ending point of the restoration and enhancement that typically alters every one of the thousands or millions of numbers that represent each digital image), requiring individual conception, judgment, numerous creative decisions, and execution and that the originality, personal influence, and contribution consists of, but is not limited to, interpreting each image and deciding on numerous expressive modifications to multiple visual elements (involving a large number of difficult and time consuming creative judgments of personal expression requiring true artistic skill and which are a product of our intellectual invention) subjectively deciding the artistic merit of how best to independently alter the image to create additional added portions of the digital visual image that were missing or obscured in the scanned image, change the apparent lighting and shading, replace removed blemishes, and alter and transform the aesthetic appearance of the image intended to make each clearer, sharper, more perfect, and more visually pleasing. Something of substance has been added making the image so modified to some extent a new work and providing a basis for asserting copyright for each such image.
Please don't shoplift
[Make no mistake — these original artistic digital images weren't created in the 19th century.]
Before and After Digital Enhancement
Gardner 152. "Westward, the Course of Empire Takes its Way."
Courtesy Barry A. Swackhamer Collection.
Anthony stereoview #7148, detail. Albumen emulsion shows innumerable fine cracks obscuring the image.
"I've seen a heap of trouble in my life, and most of it never came to pass." —Mark Twain
Notice: LICENSING FOR PUBLICATION USE HAS BEEN SUSPENDED (October 25, 2014).
HOW TO REQUEST PERMISSION TO PUBLISH PICTURES OR OTHER
but see rush, minimum, redelivery , abandoned application, research, non-use penalty fees, late fees/interest, etc. below; no refunds.)
PERMISSIONS – CONTENT LICENSING
Additional Terms and Conditions for License to Reproduce Still Images or other website content: CPRR.org strongly encourages permitted scholarly, educational, artistic, cultural, scientific, or commercial use that brings these images or other content to a wider audience. If you want permission, we sincerely hope that you don't get scared off by all this legalese and give up! We can only be friendly and helpful if we hear from you, and you tell us exactly what you need. Once you are certain of your needs, please write to CPRR.org (and other owner or rights holder, as applicable) ["Licensor"] to apply to obtain access and use or reuse permission to reproduce image(s) or other content(s), in print, broadcast, video, film, CD-ROM, DVD-ROM, Internet or any other photographic or electronic medium. Include in the application and statement of intent to license and use one or more images (your "Request for License to Reproduce Still Images") which constitutes your irrevocable order for a use license: the item requested; purpose, duration, and intended use of the requested item including the title or description, author or product, publisher or producer, publication or release date, placement location (at the interior, jacket, cover, or other location; or the URL if for Web use), size of the print run, territory (whether North America or worldwide), and whether in one language or all languages; the name or title, organization, street address, telephone, fax, and e-mail address of the proposed "Licensee"; and any special preferences (if any) regarding image resolution or format. Permission may be granted or withheld on a case by case basis at the sole discretion of Licensor. The fee for a license for reproduction of each of CPRR.org's still images will be the same as set forth in the Use Fee Schedule (Still Images) and which schedule is incorporated herein by reference, for the one-time, one-use, non-exclusive, publication use of each single image or other content for the purpose specified, and is never for an unlimited term, nor in perpetuity; the default duration if otherwise unspecified is the lesser of one year or the duration of the requested use. The use fee for a license for reproduction of text is one thousandth of a U.S. dollar per word times the number of words times the number of copies, except in the case of Internet use where we generally follow the New York Times use fee schedule of one hundred dollars per article per 30 days or fraction thereof. The amount of the use fee may be adjusted by several cents in order to facilitate electronic tracking and verification of payments. Permitted use shall not exceed the use set forth in the application and statement of intent which shall be accurate. The license does not take effect until all payment is received in full. By submitting your request for permission or permissions inquiry, you are obligating yourself and your organization(s), if any, to license, immediately pay for, and to actually make use of the image(s) or other content requested in the manner as set forth in your application, should permission be granted. If you don't want to buy a license, don't e-mail us about permissions — it's that simple! You agree to be responsible for errors and/or misunderstandings (and cannot reject an image as being the "wrong picture" or "not ordered") resulting from your ignoring the ordering instructions: "Once you have finished deciding which picture(s) you are certain you will use, please write and tell us the web page's address (URL) where you found each picture that you want to license. (Also tell us the picture's caption or description if there is more than one picture on that web page.)" You may not e-mail us regarding permissions if you lack decision authority, or while you have requested and/or are attempting, planning, or considering taking action to obtain the same or alternate image(s) from another source. Your commitment to actually use the requested material is required because your request may set in motion a series of events whereby we expend considerable normally unreimbursed resources to comply with your request, which we do gladly and which we subsidize, but only in order to see these treasured images actually included with the best quality obtainable in publications, educational projects, or other approved endeavors. CPRR.org makes no additional charge for duplication of images or other content when obtained in digital format by Licensee via the Internet under this agreement and actually used as specified in the application, but to avoid non-productive use of our extremely limited resources, please carefully decide which images you actually want and be certain that you have an adequate budget to be able to afford the images you request prior to submitting your application, as you are obligating yourself and the use fees will apply in full to each licensed image, even if you later change your mind or decide not to reproduce a licensed image(s). ORDERS ONLY! – ALL ORDERS FINAL! — Use the above link to "e-mail for permission" only after you have decided that you definitely will use the image(s) should your application be approved and you are certain that you wish to commit yourself by placing a firm order for a "License to Reproduce Still Images." [If you are being paid to work on a project, please understand that we won't do for free what you are being paid to do! The use fee surcharge for research, including but not limited to image selection from a general description is $250/hour, with one free hour per image licensed.] Serious inquiries only. Please don't burden our very limited resources with unproductive, speculative, tentative, or incomplete requests that fail to completely specify your exact requirements or which reflect your failure to decide in advance whether you actually wish to license the requested image(s), or to examine the Use Fee Schedule. In order to penalize squandering of our scarce resources (and even if a use fee waiver or discount was granted) in the event that you fail to use the content or modification of this website prepared and/or made available in response to your request, you agree to pay in full all applicable undiscounted fees and penalties. Failing to use the above link (#3) to "e-mail for permission" to send e-mails relating to permissions to us (or otherwise failing to follow or circumventing the 1-2-3 ordering instructions stated above) may cause a delay, but shall not relieve you of any legal obligation, and clicking any e-mail link on this website or sending any e-mail or other message to us relating to permissions shall be legally equivalent to clicking on the "I AGREE — e-mail to place an order for a license to reproduce still images" link at the bottom of the orders page. You may not place conditional orders, including but not limited to that you may not place an order for one image dependent upon the availability of another image, and must accept and pay for all images requested that are available. From the time that you first write to us, until your order is completed, you must continuously monitor your e-mail and respond immediately to our messages, if any, in case you wish to supply us with additional information concerning your order; if our receipt of your response is delayed, or we are otherwise acting upon incomplete information, you are responsible for charges that could have been avoided if we had received complete information from you and/or an immediate response. For example, but not in limitation of the forgoing, you may not delay responding to our message explaining how we plan to proceed based on our understanding of your request, or explaining a need to substitute an available image for one that is unavailable, and then later reject the completed order. As a further example, if you fail to identify specific requested images and instead inquire about images that match a description, you are committing yourself to license and use all of the images that match your stated description that we offer to license, unless you tell us in your original inquiry that you wish to limit the request to a specific maximum number of images, and/or specify which images that match your inquiry you know about but do not want, or already have and do not want duplicated. Abandoned application fee: There is no application fee, but you will be charged a one hundred U.S. dollar non-refundable abandoned application fee per e-mail for EACH AND EVERY E-MAILed "Request for License to Reproduce Still Images," permissions inquiry, follow-up, or other permissions related e-mail that we receive from you that fails to ultimately result in your licensing at least one image or other requested content, including but not limited to e-mails related to image selection, questions, billing, and collection of fees, except that no abandoned application fee will apply if you submit a complete application in your first e-mail but none of the images that you request are available for licensing. Also, we may, at our sole discretion, deem your application to have been abandoned and charge the abandoned application fee if you fail to respond to each of our e-mails within 72 hours, if you reject a license which we approve in response to your request, fail to make timely payment as required herein, or tell us that you do not want a license. Customized image non-use penalty: Additionally, in the event that we rescan and/or reprocess a requested image(s) in response to your request for a high resolution version, a different size or format, or other variation from the online image file displayed on this website ("customized image"), and/or in an attempt to supply you in our sole discretion with the best possible image quality and you then fail to live up to your obligation to use the requested image, thereby wasting our resources, you agree to pay liquidated damages of five hundred U.S. dollars ($500) per image for non-use of each such customized image which you fail to use, not subject to fee waiver, in addition to the use fee and any other applicable charges. All fees listed are subject to change, are non-refundable, are subject to a fifty U.S. dollar per image minimum fee (one hundred dollars per image minimum fee for customized images of regular size, up to 8 1/2" x 11", or for customized digital images of oversized originals which must be rescanned as multiple image areas and then digitally reassembled, per each scanned image area of the original up to 8 1/2" x 11"), and may be reduced or waived in special circumstances, when requested in advance at the time of application, at the sole discretion of CPRR.org and Licensor, and contingent on compliance with all terms of this User Agreement, but shall not be waived if use is without permission. Each additional or subsequently published or copyrighted edition shall constitute a separate reuse, and any rights specifically requested and licensed "for the duration of the work's copyright" shall apply only to reprinting or rebroadcasting of that unmodified copyrighted single edition as authorized by the license, and not to any later edition, unless an additional license for reuse is obtained for each subsequently published or copyrighted later edition. The use fee for research access to the CPRR.org website for commercial use is $1,000/month per project with a six month minimum which amount may be applied to the cost of any images or other content licensed hereunder for publication use for the project; specifically, but not in limitation hereof, if the commercial use involves the creation of multiple copyrighted works, each such work is considered a separate project. If you find that none of the categories in the Use Fee Schedule apply to your intended use, you do not understand the use fee schedule, you are uncertain as to the applicable fee, or you wish us to consider your request for a use fee which differs from the fee schedule, you MUST specify in your application a specific proposed use fee dollar amount that you are offering. If the requested information needed to determine which of several possibly applicable levels of fees should apply is not provided in the application, the higher fee shall apply. If the use fee is unspecified herein or in the fee schedule and not agreed in advance, it shall be one hundred dollars per image per month. Rush: Add fifty percent to the stated fees for rush requests. E-mails flagged for special treatment with high priority/importance headers or the like or requests that images be made available for use in seven days or less from the date of the request, or "as soon as possible" also constitute rush requests.   We hope that you will be patient as we attempt to fill orders as quickly as possible, often succeeding in doing so on internet time, usually within a few days at most, and typically much more quickly than any available alternative brick and mortar source for historic images, but the only way for us to really know if we will be able to successfully fill your order, or how long it will take, is to actually complete the order, and if you are pestering us it means that you are in a rush, so inquiring of us if we will be able to fill an order you placed or how soon, less than one week after placing the order, generally results in our dropping everything else to finish your order, so will of necessity force your order to be made into a rush order and in such circumstances, the rush charge will apply. Our acceptance of any request, inquiry, or order placed by you is expressly made conditional on your assent to the terms set forth in this User Agreement, and not those in your request, inquiry, order, or e-mail. Buyer beware: You authorize us to act upon any e-mail you send to us requesting permission or permissions or making inquiry as constituting an order, whether the e-mail is formal or informal, complete or incomplete, including requests posed as questions, inquiries, or sent using e-mail links on other pages of our website which provide sufficient information to allow us to process the request (and to choose an image fulfilling the request in the event that a specific image is not requested) which shall constitute a binding order requesting a license to reproduce still images. [We know this may seem strange to you, but our policy really is necessary because due to factual, historical, legal and/or technical issues we often have to research requests, search for images, and/or rescan and/or reprocess images 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 images that you saw on the CPRR.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 (for example, this Museum is not like a stock photograph agency) and that clicking on the "e-mail CPRR.org for permission" link above (or otherwise communicating with us about permissions) 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 calendar days, according to the instructions you will receive. Payment terms are within our sole discretion. You may not delay payment, for example, until a book is finalized and ready to go to press. Please don't squander our limited resources by making us chase after you for payment. Debt Collection: In the event any payment due hereunder is not made in full within ten calendar days, you agree to pay all costs and expenses, regardless of the particular nature thereof and whether incurred with or without suit or arbitration and before or after the judgment, which may be incurred by us in connection with the enforcement of any of our rights hereunder, or any right arising out of the breach hereof, or your default on timely payment, including but not limited to collection agency charges and commissions, reasonable expenses incurred in securing payment, court and/or arbitration costs, and reasonable attorneys' fees. Default/Late Charge/Interest: Any amount due and not paid (for any reason) in full within ten (10) calendar days shall be in default and subject to a late charge immediately and monthly thereafter at the highest amount allowed by law, and we will additionally charge you interest on the unpaid balance at the highest percentage rate allowed by law. 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: CPRR.org has very limited storage for custom images, so if you are notified by us that one or more licensed images 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 images that you have lost or neglected to timely retrieve, if still available, will incur a redelivery use fee surcharge of twenty-five dollars per image, not subject to fee waiver.) In the event that you encounter any difficulty with licensed image 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 image(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. "North American or One Country" rights shall be understood to include schools for North American countries' or the one country's citizens and their dependents abroad. The rights licensed shall be limited to only those rights specifically requested and granted and shall not include other or unspecified "derivative rights." In the case of images 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. The term "TV broadcast" includes standard broadcast on commercial or public television stations as well as non-standard television including only any combination of basic cable, pay cable, video on-demand, pay-per-view, and/or fiber optic or satellite television, and does not include publication in a fixed, permanent, or physical medium including but not limited to disk, DVD, or videotape. For video use of still images, 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 image 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 CPRR Museum operates entirely on-line, communicates exclusively via the Internet, provides images 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. Rights licensed are as set forth in the electronic invoice that you receive from us. We must reject and are unable to respond to your supplementary comments, paperwork, or other communications received purporting to restate or confirm a licensing transaction (which has already been fully documented by our electronic invoice, IRS W-9 form, and User Agreement) but which actually instead mentions additional unpurchased rights neither requested in the application nor stated in the invoice (such as mentioning web use when only book or magazine print rights were purchased and specified in the invoice, or mentioning video/DVD rights when only tv broadcast rights were purchased and specified in the invoice, or mentioning worldwide rights when only North American or one country rights were purchased and specified in the invoice, etc.), and/or containing terms which differ from this User Agreement, and our failure to respond and issue a revised electronic invoice signifies our rejection of any attempted unilateral modification of the licensed use rights, invoice and/or the terms as set forth in herein and that we decline to license unpurchased additional rights. Please contact us, again, via e-mail and explicitly ask to purchase additional rights, if at any time after receiving an invoice you decide that you wish to purchase additional use rights that are not specified in the invoice. 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 image(s) or other content is included, for inclusion in the CPRR Museum; a digital copy shall be additionally be provided to us if the best edition is not in digital form and a digital form of the work or a portion thereof is available or is created in the process of preparation of the work; in the event that such copies are not timely received, we may, in our sole discretion, obtain such copies from any available source, at any time, at your expense. (If licensed for Web use, Licensee shall provide access to the locations(s) where the work including the licensed image(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 images does not grant permission for end user capture nor downloading of such images, nor subsequent use thereof, nor any use not permitted herein, nor use beyond the limited term of this license, does not grant permission for images 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 CPRR.org copyright notice is prominently displayed; and, (2) that such capture and/or downloading, and such subsequent use without the separate permission of CPRR.org are both contractually prohibited in the licensee's legally binding end user licensing agreement. If a licensed image(s) or other content is published electronically, including but not limited to when using html or any other format, the images 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 images 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 image(s) or other content. CPRR.org (or other owner or rights holder, as applicable) shall retain its own right to reproduce such image 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 photographic, 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 returned to Licensor upon expiration of the limited term of the license, and may not be salvaged). You may retain image(s) obtained from us under the provisions of this paragraph only for the licensed duration and limited purposes for which you obtained permission, but may possess or use a only single copy of each such digital image on a single computer and on a single hard drive or other computer medium, must retain possession at all times, may not distribute such digital image(s) on a computer network except as explicitly permitted, and will promptly return and not retain any copies of such image(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 image(s) or other content, and is not a rights clearance for third party rights, property, images 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 image from us rather than directly from the third party, or our derivative work therefrom, for convenience, because such image is available in digital format from us, or to take advantage of image processing or digital restoration that we may have performed on such third party image, 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 image or other content, and shall refer such requests by others for permission to reproduce to the Licensor. The Licensor for CPRR.org is Radiological_Imaging Corporation, a California Corporation, which has sole authority to publish, operate, and license this website and its content. Licensee acknowledges that CPRR.org or the licensor is not granting permission on behalf of nor acting as agent for any other owner or rights holder. Licensee shall maintain the integrity of images 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 photographer or author, nor compete or detract from existing or planned use by CPRR.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. We reserve the right to invoice parts of an order separately, and we are not responsible for pricing, typographical or other errors in any offer on this website or from us and we reserve the right to cancel at any time any orders resulting from such errors, or for any other reason, or for no reason. Images will be obtained over the Internet in RGB jpeg format as displayed on this website, or at our discretion in tiff format, 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 image resolution, format, or delivery method specified in the application be considered requirements. Any needed conversion of digital images into photographic 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 images 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. CPRR.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 acknowledges that web image preview is approximate and agrees that it has independently determined the "as is" image content, quality, and format of licensed content as displayed on this website to be suitable for its intended use, understands that images created with extensive restoration artwork and composite images 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 image resolution. Deadbeats: Your reputation will suffer and you may become responsible for forcing us to discontinue offering these historic images if you become a deadbeat by failing to make prompt and full payment as required within ten calendar 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. Spare yourself the embarrassment, and do not further waste our time and upset us by writing to tell us that you refuse to pay for your order, or to attempt to justify or rationalize such intentional misconduct. Degraded condition: Licensee acknowledges that 19th century images such as 3 1/2" stereograph albumen prints are of limited resolution and are generally degraded, containing various imperfections of image 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, fading (often uneven in degree over various parts of an image), and cropping (often inconsistent among various prints of the same image), and acknowledges that images rescanned or photoduplicated from an original as a result of its request may require additional processing or restoration, which may or may not be successful, that there will be digital artifacts if lossy compression is used (for example with the jpeg format), and that there will be degraded tonality and dynamic range especially if multiple generation analog (photographic or printing) or lossy digital processing (compression or reduced bit depth) or copying steps are used. Oversized historic images, such as maps or prints, often have folds (many of these were published as folded inserts bound into a printed book volume), they typically have tears and slight image loss or discoloration at some of the folds, and usually will need to be scanned in multiple pieces (each of 8 1/2" x 11" or less in size) and the areas separately scanned must be laboriously digitally reassembled into the whole image. Because digital image scanners introduce slight geometric distortions, there may be slight misalignments and discontinuities where separately scanned areas of an oversized image adjoin, which we attempt, but may not be completely successful in avoiding or correcting. Use of certain types of digital image compression, such as the discrete cosine transform used for JPEG images to reduce their size, results in some loss of image quality and introduction of artifacts, which does not occur when a less efficient "lossless" image compression method is used, for example the LZW algorithm used with the TIFF image format, or lossless wavelet compression used with the JPEG2000 format. If a requested image is of lesser quality than another similar available image, we may, in our sole discretion, substitute the better quality image. If a requested image is not available for the intended use, we may substitute a similar image that is available. Licensee acknowledges that CPRR.org recommends entirely digital color or duotone publication methods, and acknowledges that excessive magnification, extra processing steps including conversion to a different image format or conversion to monochrome or use of photographic rather than digital methods will not improve and may adversely affect image quality and/or resolution. Licensee shall utilize highest quality imaging and reproduction methods that do not degrade image 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 images at a sufficiently small size suitable for the available limited resolution so that reproduced images do not appear to be unsharp. Licensee acknowledges that higher resolution print publication requires images to be printed smaller than the size of the same image when displayed on a lower resolution computer screen. A license permitting publication is only a grant of access to the image(s) or other content(s) for publication use in consideration for a payment ("use fee") actually received, and Licensee agrees that CPRR.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 image(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, photographic, 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 images 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 images 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. (The source for photographs shall include, if known, the name of the photographer, the publisher if different from the photographer, the photograph negative number and title, and the name of the collection from which the image or other content was obtained.)
A credit line shall appear in close proximity to each permitted CPRR.org reproduction, adjacent to any such image, and in any product that you create that includes any image or other content licensed hereunder, which shall include the following, without quotes, with the copyright symbol preceding the year of Licensee's publication:
"Courtesy Central Pacific Railroad Photographic History Museum, © 2016 CPRR.org".
For Web use, the credit line shall include a link on "CPRR.org" and on each licensed image to the Uniform Resource Locator, <http://CPRR.org>.
"Never interrupt your enemy when he is making a mistake." —Napoleon Bonaparte
Severe additional penalty for publication of images or other content stolen from this website; unlimited liability for subsequent infringement: In the event that you do not obtain permission and instead infringe and/or violate this agreement by misappropriating and/or publishing unauthorized pirated copies of images or other content obtained from this website, or by enabling, permitting, facilitating, encouraging, promoting, soliciting, assisting, inducing, instructing, or encouraging others to infringe, a copyright violation and a trespass, conversion, or the like, which harms the CPRR Museum, for example by causing donors to be hesitant or unwilling to allow their images or other content to be displayed on the Internet, or if you publish images 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 CPRR.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 CPRR.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 images 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 "secondary" infringement by third and subsequent parties who obtain our intellectual property from or through you, or as a result of your actions, 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, encourage, 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 images or other content without our permission and/or in violation of this agreement, or encourage others to take them, 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 or inducement in violation of this User Agreement, or of applicable law including but not limited to copyright, trade secret, or computer misuse statutes result in our being deprived of our exclusive rights to ownership and/or control of the data and/or intellectual property we have created in this website and its digital images and/or other content IN WHOLE OR SUBSTANTIAL PART, or of the value thereof, or which would make such intellectual property unlicensable, 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 image 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.
"Depend upon it, Sir, when a man knows he is to be hanged in a fortnight, it concentrates the mind wonderfully." —Samuel Johnson, ghostwriting for forgery convict, Reverend Dr. William Dodd, 1777.
LEGAL NOTICE OF INFRINGEMENT
Please read this Legal Notice of Infringement ("takedown notice") 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 CPRR.org, the owner of copyright and other proprietary rights to this website, its images, 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/or 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 all copyrighted material at issue in this notice, CPRR.org hereby states that CPRR.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. CPRR.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 CPRR.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, CPRR.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 CPRR.org's statutory, contractual, and other rights. Therefore, CPRR.org demands that you immediately return and not retain any 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. CPRR.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.
TAKEDOWN NOTICES: Please don't assume that you can pirate images from this website with impunity, believing incorrectly that this won't be discovered or that copyright infringement doesn't routinely result in substantial civil damage awards ("not less than $750 or more than $30,000" statutory damages per downloaded file). Because of the way internet search engines such as Google, Yahoo, and Picsearch find images, pirating images from the CPRR.org website and placing our images on your website will in all likelihood be – in effect – like advertising to the whole world that you are giving away our pictures. When we discover such unlawful piracy and send a legal takedown notice – and particularly if you fail to respond to the notice – it is likely that in order to protect itself from legal liability under the Digital Millennium Copyright Act, 17 USC 5, §512(c)(A)(iii) & (g), your Internet Service Provider will remove your website (and possibly cancel your account). This is an unpleasant and undesirable result, but it is the way that copyright law works, so please don't pirate images, and never ignore legal notices asking you to remove pirated images – you need to take remedial action and respond promptly when caught. You agree to immediately respond and take remedial action should you receive a takedown notice (whether formal or informal) from us asking that one or more pirated images or other content be removed, and also to promptly advise us should you dispute any facts as stated therein.
Also, the FBI and Department of Homeland Security provide the following
official notice when taking enforcement action to shut down criminal copyright
infringement on the internet:
"It is unlawful to reproduce or distribute copyrighted material ... without authorization - even when done for free over the Internet. Individuals who willfully distribute or download copyrighted material risk criminal prosecution under 18 U.S.C. 2319. First-time offenders convicted of criminal felony copyright laws will face up to five years in federal prison, restitution, forfeiture and a fine."
ACHTUNG!! ALLES LOOKENSPEEPERS. DAS COMPUTINMACHINES IST NICHT FUR GEFINGERPOKEN UND MITTENGRABBEN. IST EASY SCHNAPPEN DER SPRINGWERKEN, BLOWEN FUSEN, UND POPENCORKEN MIT SPRITZENSPARKEN. IST NICHT FUR GEWERKEN BY DAS DUMMKOPFEN. DAS RUBBERNECKEN SIGHTSEEREN KEEPEN HANDS IN DAS POCKETS RELAXEN UND WATCH DAS BLINKENLIGHTEN.
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"You're travelling through another dimension. A dimension, not only of sight and sound, but of mind. A journey into a wondrous land whose boundaries are that of imagination. Next stop, the .... ! —Rod Sterling
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Southern Pacific Railroad Pass with Liability Waiver, 1873.
Courtesy Peter and Helen Frusetta Collection.
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PRE-DISPUTE ARBITRATION AGREEMENT: This agreement contains pre-dispute arbitration
terms and conditions that give us the right to require settlement of disputes
by arbitration. By entering into this User Agreement containing an Arbitration
Agreement you agree as follows: You are giving up the right to sue us in court,
including the right to a trial by jury. Arbitration awards are generally final
and binding. A party’s ability to have a court reverse or modify an arbitration
award is very limited. The ability of the parties to obtain documents, witness
statements and other discovery is generally more limited in arbitration than
in court proceedings. The arbitrator(s) do not have to explain the reasons
or factual basis for their award. The rules of some arbitration forums may
impose additional time limits for bringing a claim in arbitration. The rules
of the arbitration forum in which the claim is heard, and any amendments thereto,
shall be incorporated into this agreement. No person shall bring a putative
or certified class action to arbitration. Such forbearance to enforce an agreement
to arbitrate shall not constitute a waiver of any of our rights under this
agreement except to the extent stated herein. You agree that all claims, controversies
and other disputes between you and us and any of our contributors, authors,
directors, officers, employees, or agents arising out of or relating to this
agreement, the Central Pacific Railroad Photographic History Museum, this website,
any e-mail or other communication between us, or any order that you place,
or the continuation, performance or breach of this User Agreement or any other
agreement between you and us, whether entered into before, on, or after the
date that you entered into this User Agreement or made use of this website
or our information or content, shall at our option be determined by arbitration
conducted by, and subject to the arbitration rules then in effect of the American
Arbitration Association or such alternative dispute resolution entity as we
may designate. This agreement to arbitrate shall be specifically enforceable
under prevailing law and procedures. The award rendered by the arbitrators
shall be final, and judgement may be entered upon it in any court having jurisdiction
over the parties. Legal counsel can advise you on how this arbitration agreement
may affect you.
Please donate pictures from your collection that you would like to see on the CPRR.org website by e-mailing them to us. Our biggest mailbox that is best for receiving large pictures is: (See the FAQ about our preferred format, please don't send more than 60 megabytes of pictures in one day without making arrangements for us to empty the mailbox, and please don't send pictures to our other smaller e-mail addresses/inboxes which would overflow with pictures, thereby preventing us from receiving e-mail and causing e-mail to bounce back to the sender.)
THANK YOU FOR YOUR GENEROSITY IN ALLOWING YOUR IMAGES OR OTHER ITEMS OR CONTENT TO BE INCLUDED IN THE CPRR MUSEUM!
[The following provisions are need to make sure that we have permission to make use of donated images, text, files, etc. — both now and in the future — and also to allow the CPRR Museum to endure and evolve, for example, to enable us to take full advantage of technological advances.]
YOU AGREE NOT TO SEND US ANYTHING THAT WE ARE NOT PERMITTED TO USE, PUBLISH, AND/OR REPUBLISH ROYALTY FREE. BY SUBMITTING OR GRANTING US ACCESS, MAKING AVAILABLE, USING ANY E-MAIL LINK ON THIS WEBSITE, TRANSMITTING VIA E-MAIL, ANSWERING OR COMMENTING UPON OUR COMUNICATION(S), WRITINGS OR OTHER CONTENT, OR OTHERWISE SENDING, CONTRIBUTING, DONATING, PUBLISHING, REVIEWING, SELLING, PROVIDING TO US WHETHER DIRECTLY OR VIA AN INTERMEDIARY(IES), WRITING TO OR ABOUT US OR OUR CONTENT, OR BY GRANTING US PERMISSION TO USE MATERIAL, CONTENT, INTELLECTUAL PROPERTY, AND/OR INFORMATION, INCLUDING BUT NOT LIMITED TO TEXT, WEB PAGES, IMAGES, MAPS, NAMES, AFFILIATIONS, DATA, REVIEWS, ARTICLES, COMMENTS, POSTS, QUESTIONS, COUNTEROFFERS TO AND/OR CRITICISMS OF AND/OR SUGGESTED MODIFICATIONS TO THIS USER AGREEMENT, AND/OR FILES, YOU ARE REPRESENTING AND WARRANTING THAT YOU ARE THE OWNER AND HAVE AUTHORIZATION TO CONTROL AND DISTRIBUTE SUCH MATERIAL, CONTENT AND/OR INFORMATION OR THE LIKE AND EXERCISE ALL SUCH RIGHTS, THAT SUCH MATERIAL IS NONPROPRIETARY AND NOT PRIVATE, THAT YOUR SENDING OR MAKING AVAILABLE TO US AND OUR PUBLICATION OR OUR LICENSING TO OTHERS OF SUCH MATERIAL IN WHOLE OR PART, IN ANY MANNER, FOR ANY PURPOSE, DOES NOT AND WILL NOT INFRINGE YOUR OR ANY THIRD PARTY'S COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHTS OR RIGHT OF PUBLICITY OR PRIVACY NOR VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE OR REGULATION, NOR OBLIGATE US TO PUBLISH THE IMAGE OR OTHER CONTENT, AND YOU ARE GRANTING TO US A RELEASE AND AN UNRESTRICTED, PERPETUAL, PERMANENT, IRREVOCABLE, TRANSFERABLE, SUBLICENSABLE (THROUGH MULTIPLE TIERS), NON-EXCLUSIVE, UNCONDITIONAL, FULLY PAID-UP, ROYALTY FREE LICENSE TO ALL RIGHTS TO SUCH MATERIAL, DEPICTIONS OF YOU AND/OR OTHER PERSONS, CONTENT AND/OR INFORMATION THAT GRANTS PERMISSION FOR USE ANYWHERE THROUGHOUT THE UNIVERSE, IN ANY MANNER, AND FOR ANY PURPOSE (INCLUDING BUT NOT LIMITED TO THE RIGHT TO REPRODUCE, PUBLISH, PUBLICLY PERFORM, PUBLICLY DISPLAY, ADAPT, SELL, LICENSE, DERIVE REVENUE OR OTHER REMUNERATION FROM, AND/OR DISTRIBUTE COPIES OF WORKS CONTAINING THE CONTRIBUTION, IN WHOLE OR IN PART, SELECTIONS THEREFROM, TO INCORPORATE SUCH CONTENT INTO OTHER MATERIALS OR WORKS, TRANSLATIONS AND OTHER DERIVATIVE WORKS AND/OR EDITIONS, FOREVER, INCLUDING BUT NOT LIMITED TO THE FULL TERM, AND ALL RENEWALS AND EXTENSIONS THEREOF), INTELLECTUAL PROPERTY, AND RELATED LAWS, IN ANY FORMAT OR MEDIA NOW KNOWN, NOT CURRENTLY KNOWN, HEREAFTER KNOWN, OR LATER DEVELOPED, AND THE RIGHT TO LICENSE OR AUTHORIZE OTHERS TO DO, LICENSE, OR AUTHORIZE ANY OR ALL OF THE FOREGOING, AND (IF YOU ARE THE AUTHOR OR RIGHTS OWNER OF SUBMITTED PREVIOUSLY UNPUBLISHED CONTENT) THAT (AS IS COMMON PRACTICE WHEN SUBMITTING MATERIAL FOR PUBLICATION IN SCHOLARLY JOURNALS) YOU HEREBY CONVEY AND ASSIGN COPYRIGHT TO CPRR.ORG AS FOLLOWS [The donor of such previously unpublished work does hereby sell, assign, and transfer to CPRR.org, its successors and assigns, the entire right, title and interest in and to the copyright in the work and any registrations and copyright applications relating thereto and any renewals and extensions thereof, and in and to all works based upon, derived from, or incorporating the work, and in and to all income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past, present, or future infringement based on the copyrights, and in and to all rights corresponding to the foregoing throughout the world, and agrees to execute all papers and to perform such other proper acts as we may deem necessary to secure for CPRR.org or its designee the rights herein assigned.], AND (IF APPLICABLE) THAT ALL SO-CALLED MORAL RIGHTS IN SUCH MATERIAL HAVE BEEN WAIVED. YOU AGREE NOT TO SEND US OBJECTS OF ANTIQUITY OR PHOTOGRAPHS, MESSAGES, OR INFORMATION REGARDING ANY OBJECT OF ANTIQUITY TAKEN, OR COLLECTION MADE, ON LANDS OWNED OR CONTROLLED BY THE UNITED STATES, WITHOUT A PERMIT, AS PRESCRIBED BY THE AMERICAN ANTIQUITIES ACT OF 1906 (16 USC 431-433), OR OTHERWISE OBTAINED IN VIOLATION OF APPLICABLE LAW OR REGULATIONS. PLEASE BE EXTREMELY CAREFUL NOT TO DONATE WHAT YOU DO NOT OWN BECAUSE DOING SO MIGHT EXPOSE YOU TO LEGAL LIABILITY FOR COPYRIGHT INFRINGEMENT OR OTHER LAW OR RIGHTS VIOLATIONS, AND YOU AGREE TO DEFEND, HOLD HARMLESS, AND INDEMNIFY US FROM ANY RESULTING COSTS, LIABILITY OR LOSS. ANY SUBMISSIONS, CONTRIBUTIONS, QUESTIONS, COMMENTS, FEEDBACK, SUGGESTIONS, IDEAS, TECHNIQUES, CONCEPTS, KNOW-HOW OR OTHER INFORMATION RECEIVED BY CPRR.ORG SHALL BE DEEMED NOT TO BE CONFIDENTIAL AND MAY BE FREELY USED, EDITED, MODIFIED, ADAPTED, LINKED, TRANSLATED, DISSEMINATED, PUBLISHED, DELETED, LICENSED, DISCLOSED, AND/OR DISTRIBUTED BY CPRR.ORG WITHOUT LIMITATION AND WITHOUT COMPENSATION, ANYWHERE, IN ANY MANNER, AND FOR ANY PURPOSE WHATSOEVER. RETAIN COPIES OF ANY MATERIAL SENT TO US. MONETARY GIFTS ARE ALSO GREATLY APPRECIATED, SHALL BE UNRESTRICTED, AND MAY BE USED FOR ANY PURPOSE. WE ARE NOT A PUBLIC ENTITY, NOT A FEDERAL OR OTHER GOVERNMENT AUTHORITY OR GRANT RECIPIENT, NOR IRC §501(c)(3) QUALIFIED. WE WANT TO PROVIDE SUITABLE CREDIT ON THIS WEBSITE FOR CONTENT DONATIONS WHENEVER POSSIBLE, AT OUR SOLE DISCRETION — IF YOU WOULD LIKE TO RECEIVE CREDIT, PLEASE MAKE SURE TO LET US KNOW YOUR NAME AND TELL US IF YOU HAVE A PREFERRED FORM OF CREDIT.
WHEN YOU SEND OR E-MAIL IT, IT'S OURS.
"If you think technology can solve all your security problems, then you don’t understand either." —Anonymous
PRIVACY AND SECURITY STATEMENT
BY CLICKING ON ANY IMAGE OR LINK TO INDICATE "I ACCEPT," BY ACCESSING AND BROWSING THIS WEBSITE, OR BY SENDING US AN E-MAIL OR OTHER COMMUNICATION, WHETHER DIRECTLY OR INDIRECTLY, YOU ARE ASSERTING THAT YOU HAVE READ AND AGREE TO THIS USER AGREEMENT, WITHOUT LIMITATION, THAT YOU UNDERSTAND THIS USER AGREEMENT, AND THAT YOU ARE LEGALLY AUTHORIZED TO ASSENT TO BE BOUND TO THE TERMS AND CONDITIONS AS PRESENTED IN THIS USER AGREEMENT. CONTINUED ACCEPTANCE OF ALL THESE TERMS IS A CONDITION OF THIS AGREEMENT AND IS REQUIRED FOR YOUR ACCESS TO THIS WEBSITE. AS A RESULT, BROWSING THIS WEBSITE WITHOUT HAVING ACCEPTED THIS USER AGREEMENT WOULD BE A COPYRIGHT VIOLATION.
CPRR Discussion Group comments should be germane to this website and need to state not just a conclusion, but the facts and arguments that would lead to such a conclusion (preferably citing the sources relied upon), so that interested readers can fact check and have sufficient information to allow them to independently judge accuracy and validity. Spamming, as well as repetitive, harassing, threatening, intrusive, vulgar, profane, abusive, impolite, untruthful, disparaging, and/or off-topic messages or other communications to us or concerning this website are all prohibited. You may not post on this CPRR Museum website or the CPRR Discusson Group or send us unsolicited advertisements, nor advertising links, nor links to off topic websites, via e-mail, text message, fax, or other method of electronic communication, nor call us by telephone, nor send e-mail to our address or domain(s) that does not contain our valid address in the "To:" and/or "cc:" header, nor which has a missing, uninformative, or misleading "Subject:" header, and/or return address, nor without permission from a mailing list, nor containing an html message body, nor having attachments other than donated images and/or other donated content relating to the subject matter of this website, nor containing a computer virus, worm, or other corrupted or malicious code, nor containing proprietary content that you do not own and/or control, nor may you copy or place our e-mail address, nor any e-mail address in our domains or owned by us, nor any e-mail address found on this website or obtained from us in any database or on any mailing list. You agree to pay us three thousand dollars per unsolicited e-mail sent, or prohibited comment posted to the CPRR Discussion Group, or telephone call and fifteen thousand dollars per e-mail address added to your commercial mailing list in violation of the foregoing, plus damages. The CPRR Museum participates in Project Honey Pot which allows us to track and help catch spammers who harvest e-mail addresses from our web pages. We reserve the right to remove, or decline to remove any posted comment or question, or portion thereof, at any time for any reason or for no reason.
No stereographs were harmed in the making of this website.
Historical characters described on this website aren't fictional and any similarities with any individual, previously living or dead, are completely consequential; nor have their names been changed to protect the innocent.
All contents on this website, both textual and graphic, including but not
limited to computer code and images, and all e-mail or other messages or correspondence
from CPRR.org are the property of CPRR.org, are copyrighted, and may not be
reproduced or published without permission.
Central Pacific Railroad Photographic History Museum, Central Pacific Railroad Museum, Central Pacific Railroad Photo History Museum, CPRR Photographic History Museum, Photographic History Museum, CPRR Museum, Pacific Railroad Museum, CPRRTM, CPRR.org, CPRR.com, and CPRR.net are trademarks and service marks of CPRR.org.
The "Central Pacific Railroad Photographic History Museum" is the title of this publication only.
The author of this publication is CPRR.org, a pseudonym. The author, an individual scholar who is not a Counselor at Law, asserts moral rights. ;-)
Copyright © 1999-2016 by CPRR.org. All rights reserved.
TX 5—099—855; TX 5—363—516; TX 5—623—889; TX 5—782—176; TX 6—064—437; TX 6—111—098; TX 6-329-232
Boilerplate and legalisms, in part, courtesy of Alan Smithee.
"Those are my principles. If you don't like them I have others." —Groucho Marx