Thread: SoBeGirl VS AMA
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Old 06-08-2003, 09:08 PM  
sarettah
see you later, I'm gone
 
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Join Date: Oct 2002
Posts: 14,108
AMAs license from www.amacontent.com


COPYRIGHT and SECTION 18 U.S.C. 2257 INFORMATION


All content on AMAContent.com including page design, graphics, text, images, videos, video feeds, audio clips and stories are warranted to be fully owned, or legally licensed for resale, and documented in accordance with the requirements of US Federal Law SECTION 18 U.S.C. 2257 .

All images of a sexual nature are documented as required by US Federal law under the Child Protections Act: Section 18 U.S.C. 2257. Documentation is available to the proper governmental or law enforcement agencies (or challenging individuals able to supply documentation as required under the Digital Millenium Copyright Act).

AMA Content strictly abides by 18 U.S.C 2257 so our content is 100% legal. Before we create any new content, we ensure that we hold model releases and two forms of identification for every model.

License to comply when you buy content

1- GRANT OF LICENSE, GENERAL TERMS:

Licensor owns and distributes the purchased products.

In accordance with this agreement, Licensor grants Licensee a non-exclusive website license to use the product(s) on their website(s).

Licensor retains titles and ownership of the Product, and gives up no legal rights as part of this agreement.

Licensee agrees not to sell or distribute the images via any physical method (such as diskette, CD-ROM, paper printing, or any other technology not specifically named in this document) without additional written permission and payment of fees.

Licensee acknowledges that unauthorized reproduction of copies of the licensed material may constitute a serious crime, and that such actions may also result in a suit for damages, injunctive relief, and attorney fees, pursuant to this agreement and to other rights that the licensor may have.

It is understood, not withstanding any other provisions of this agreement, licensor has the unequivocal right to obtain timely injunctive relief to protect the proprietary rights of Licensor.

Licensee must provide a complete list of domains in which material is to be used.

2- ACCEPTABLE USES OF LICENSED CONTENT:

Banners and Webpage Design: Banners with licensed material on them must be linked to a site owned by the licensee, and material used in webpage design elements must be located on a website owned by the licensee.

Thumbnail Posts: Up to thirty (30) images may be used at one time in a thumbnail post URL, so long as the material remains hosted at the licensee's site. If the material is to be hosted at the Thumbnail post's URL, then up to fifteen (15) images may be used, providing that all images are clearly identified as being from the Licensee owned site, and a link to that site is provided.

Movie Posts: Up to twelve (12) videos and a maximum of 100 secondes may be used at one time in a movie post URL, so long as the material remains hosted at the licensee's site. If the material is to be hosted at the post URL, then up to three (3) videos and a maximum of 30 secondes may be used, providing that all images are clearly identified as being from the Licensee owned site, and a link to that site is provided.

All of the material contained on the Product may be used as "web content" on up to twenty (20) domains owned by the Licensee. Licensee may distribute the product only via internet website(s) which are intended for end user usage only. Product may not be placed on a website with the intent to resell the content's use to other webmasters. Product may not be used on any type of leased product made available to other webmasters.

All elements not used for banner usage or webpage design are to be placed behind some form of membership only access system, such as an Adult Verification Service, or a paysite membership system.

3- UNACCEPTABLE USES OF CONTENT:

Licensee may not alter the images to make them appear to be the copyrighted property of anyone other than Licensor.

Licensee may not post the product to any "Newsgroup" servers.

Licensee is NOT licensed to rent, lease, transfer, network, reprise display, or distribute the materials, except as specifically provided above.

You may not knowingly allow other websites to use the product, either by renting it's usage on your site, or by allowing them to link to your website. Exception: Thumbnail & Movie postings, as provided above.

4- CONTENT EDITING PROVISIONS:

Small URL's may be added to the images for the purposes of promotion.

Editing of the images to make them suitable for sample images is encouraged, such as pixelating areas of the photo unsuitable for children to view, when the photos may be in an area where children can see them.

Creation of Thumbnail images to use on a licensee's site is allowed.

"Cropping" of the material is allowed.

Changing the file format and compression technique used is allowed.

Adjusting/Altering color, gamma, attributes is allowed.

You may rename files.

Editing the files to make them more suitable for your usage is allowed, however, changing the content of the material (such as morphing or editing another person or object into the photo, or changing the appearance of one that is there), is NOT allowed.

Image Watermarks or Imbedded code (such as JPG comments) may not be removed by the Licensee.

5- Payment of Royalty.

Licensee will pay a one-time lifetime fee specified on the purchase invoice. This license allows Licensee to use the Product on up to twenty (20) domains owned and operated by Licensee. All websites that this material is used on must show the Licensee's name on it within the publically accessable InterNIC (or other registration agency) records.

6- Revocation of License.

Licensor may revoke Licensee's license in the event that Licensee violates one or more of the provisions of this license.

The License is automatically revoked if the Licensee declares bankruptcy, obtains a refund of the product payment, or causes the product payment to become invalid through any action, such as fraudulent use or credit card chargeback.

Involuntary revocation of the license does not grant Licensee any refund of the payment made.

7- Modifications.

Any modifications not specifically listed in this document are not granted without express written permission of Licensor.

8- Transfer of Rights.

This agreement shall be binding on any successors of the parties. Licensee does not have the right to assign it's interests in this agreement to any other party, unless the prior written consent of Licensor is obtained and an administration fee of $50.00 is paid.

9- Entire Agreement.

This agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This agreement supersedes any prior written or oral agreements between the parties.

10- Severability.

If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but thatby limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

11- Waiver of Contractual Right.

The failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement.

12- Applicable Law.

This agreement shall be governed by the laws of the United States of America. Licensee holds Licensor and Broker harmless for any legal issues related to the distribution of the material as it relates to community standards and adult entertainment laws as set forth in any city/county, state or country of Licensee and their websites. Licensor does not warrant this material to be acceptable in your community, and Licensee assumes full responsibility for determining what images are suitable for distribution. Licensor warrants the images are fully copyrighted, and this license warrants these images free of intellectual property violations only. These images are in compliance with the 18 USC 2257 US Federal Law, and any inquiries made under this law must be directed to Licensor.


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First of all Joe states:

warranted to be fully owned, or legally licensed for resale,

So, Joe establishes that to sell this content it is either his or licensed for resale...

In the website usage he states:

"In accordance with this agreement, Licensor grants Licensee a non-exclusive website license to use the product(s) on their website(s). "

"Licensee agrees not to sell or distribute the images via any physical method (such as diskette, CD-ROM, paper printing, or any other technology not specifically named in this document) without additional written permission and payment of fees. "

Thereby establishing that a purchaser of his content does NOT have resale rights unless explicitly stated in writing and that there is a definite distinction between USAGE and RESALE.

he then goes on to state explicitly what the usage rights are...

Eric.. you need one of them from Joe saying you have RESALE rights... Where is it ?
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