Post by Mapmaster - Martyn G Keen on May 14, 2015 14:08:48 GMT 8
Message for Forum members Karl Welteke and Chadhill.
As a reminder, my name is Martyn G Keen. I am the person often referred to, in this Forum, as the “Mapmaster”.
Contained within the postings on this forum are numerous clipped sections, posted by Karl Welteke and Chadhill, of the 1936 Corregidor-Fort Mills Map. The map is one that I created as a digital map a number of years ago.
I remind you that the digitised maps are subject to copyright under my name, that is with me being the copyright owner. As the copyright owner, I reserve rights regarding reproduction, publication, communication and adaptation of my work. Receiving a gratis or purchased copy does not extinguish my copyright ownership.
Individuals cannot reproduce copyrighted works, in whole or in part, without permission of the copyright owner. Individuals cannot store copyrighted works on any storage or retrieval systems. Individuals cannot remove the copyright notice from copyrighted works.
As there has been no requests to copy, adapt, distribute and store on a retrieval system, the clipped map sections, such actions infringe my rights as the copyright owner. I ask that you remove the subject posted clipped sections from the Heritage Bn. forum and remove the same from your storage accounts at Photobucket.
As a reminder, the agreement/license under which the 1936 Corregidor-Fort Mills Map was made available through Corregidor.org is attached immediately below. The agreement/license is also available through Corregidor.org on the PX page viewable and acknowledged at time of map purchase.
“So as to protect the value of the digital image to their copyright owner.
Individual User License Agreement
1. THIS AGREEMENT between the subscriber (hereinafter "you" or "the subscriber") and the Corregidor Historic Society on behalf of the copyright author Martyn Keen (hereinafter ("CHS") grants you the right, by receipt of payment by CHS, to private individual use of the 1932 CORREGIDOR DIGITAL MAP PDF ARTICLE FILE ("the map") subject to the terms and conditions set forth in this Agreement.
TERMS and CONDITIONS
2. Permitted Access and Use; User Responsibilities
CHS grants to you for your sole and exclusively individual use, a licence to use the map. You may create back-up copies for your own personal use. You may not copy it to any other person, distribute, transmit, display, reproduce, publish, or create derivative works from it. You may not alter, transform, or build upon this work. You may not store it on-line.
3. Copyright; Prohibitions on Certain Uses
The map is copyright and subject to all applicable copyright, database protection and other rights of the copyright owner and publisher under the laws of the United States and other countries. Copyright notices may not be removed, obscured, or modified in any way.
Recompiling, reselling, redistributing, or republishing of any portion thereof to any other person, in any form or medium is prohibited. All rights not expressly granted are reserved to the owners thereof.
4. Duration of Agreement
This Agreement will become effective upon electronic submission by the subscriber and transmission by CHS. This Agreement will terminate immediately, if any term or condition of this Agreement is violated for any reason, knowingly or unknowingly.
6. Failure of Performance
The information and content in the map may include inaccuracies or typographical errors. CHS's sole liability shall be to deliver the map file to the e-mail address of the subscriber.
7. Disclaimer of Warranties; Limitation of Liability; Indemnification
CHS warrants that it is entitled by the copyright owner to grant the licenses granted in this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, CHS MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE ORIGINALITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CHS SHALL NOT BE LIABLE FOR EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED HEREUNDER.
8. General
This Agreement constitutes the entire agreement between the parties. Should any of the covenants, terms, conditions or provisions of this Agreement be held invalid for any reason, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, as the provisions of this Agreement are intended to be and shall be deemed severable. In the event of any such invalidity, the parties (or, if in dispute, the court) shall apply valid provisions as nearly similar to such invalid provisions as shall be valid and enforceable.
The Subscriber may not assign or transfer rights under this Agreement, they are exclusively personal to you only.
This Agreement will be governed by, and construed in accordance with, the laws of the United States. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any action arising out of or relating to this Agreement may be brought in any court having jurisdiction or co-existent jurisdiction within Australia over issues of copyright based upon the sole discretion of CHS and the Author, and the subscriber hereby consents to same.”
As a reminder, my name is Martyn G Keen. I am the person often referred to, in this Forum, as the “Mapmaster”.
Contained within the postings on this forum are numerous clipped sections, posted by Karl Welteke and Chadhill, of the 1936 Corregidor-Fort Mills Map. The map is one that I created as a digital map a number of years ago.
I remind you that the digitised maps are subject to copyright under my name, that is with me being the copyright owner. As the copyright owner, I reserve rights regarding reproduction, publication, communication and adaptation of my work. Receiving a gratis or purchased copy does not extinguish my copyright ownership.
Individuals cannot reproduce copyrighted works, in whole or in part, without permission of the copyright owner. Individuals cannot store copyrighted works on any storage or retrieval systems. Individuals cannot remove the copyright notice from copyrighted works.
As there has been no requests to copy, adapt, distribute and store on a retrieval system, the clipped map sections, such actions infringe my rights as the copyright owner. I ask that you remove the subject posted clipped sections from the Heritage Bn. forum and remove the same from your storage accounts at Photobucket.
As a reminder, the agreement/license under which the 1936 Corregidor-Fort Mills Map was made available through Corregidor.org is attached immediately below. The agreement/license is also available through Corregidor.org on the PX page viewable and acknowledged at time of map purchase.
“So as to protect the value of the digital image to their copyright owner.
Individual User License Agreement
1. THIS AGREEMENT between the subscriber (hereinafter "you" or "the subscriber") and the Corregidor Historic Society on behalf of the copyright author Martyn Keen (hereinafter ("CHS") grants you the right, by receipt of payment by CHS, to private individual use of the 1932 CORREGIDOR DIGITAL MAP PDF ARTICLE FILE ("the map") subject to the terms and conditions set forth in this Agreement.
TERMS and CONDITIONS
2. Permitted Access and Use; User Responsibilities
CHS grants to you for your sole and exclusively individual use, a licence to use the map. You may create back-up copies for your own personal use. You may not copy it to any other person, distribute, transmit, display, reproduce, publish, or create derivative works from it. You may not alter, transform, or build upon this work. You may not store it on-line.
3. Copyright; Prohibitions on Certain Uses
The map is copyright and subject to all applicable copyright, database protection and other rights of the copyright owner and publisher under the laws of the United States and other countries. Copyright notices may not be removed, obscured, or modified in any way.
Recompiling, reselling, redistributing, or republishing of any portion thereof to any other person, in any form or medium is prohibited. All rights not expressly granted are reserved to the owners thereof.
4. Duration of Agreement
This Agreement will become effective upon electronic submission by the subscriber and transmission by CHS. This Agreement will terminate immediately, if any term or condition of this Agreement is violated for any reason, knowingly or unknowingly.
6. Failure of Performance
The information and content in the map may include inaccuracies or typographical errors. CHS's sole liability shall be to deliver the map file to the e-mail address of the subscriber.
7. Disclaimer of Warranties; Limitation of Liability; Indemnification
CHS warrants that it is entitled by the copyright owner to grant the licenses granted in this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, CHS MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE ORIGINALITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CHS SHALL NOT BE LIABLE FOR EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED HEREUNDER.
8. General
This Agreement constitutes the entire agreement between the parties. Should any of the covenants, terms, conditions or provisions of this Agreement be held invalid for any reason, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, as the provisions of this Agreement are intended to be and shall be deemed severable. In the event of any such invalidity, the parties (or, if in dispute, the court) shall apply valid provisions as nearly similar to such invalid provisions as shall be valid and enforceable.
The Subscriber may not assign or transfer rights under this Agreement, they are exclusively personal to you only.
This Agreement will be governed by, and construed in accordance with, the laws of the United States. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any action arising out of or relating to this Agreement may be brought in any court having jurisdiction or co-existent jurisdiction within Australia over issues of copyright based upon the sole discretion of CHS and the Author, and the subscriber hereby consents to same.”