USCO and USPD White Papers; Terms and Conditions

A bit of general information:

USA Public Domain work(s) in the galleries* can be freely reproduced, distributed, transmitted, used, modified and built upon by any USA citizen for any legitimate and legal commercial and/or non-commercial purpose.** Works in the public domain may be used freely without the permission of the former copyright owner. [1]

Works by the U. S. government are not eligible for U.S. copyright protection [2] and are therefore in the public domain.

*  In the digital artifacts galleries only.  The rest of the US Public Domain, USPD, website and its contents, AiBLE materials and programs, blog posts, terms and conditions, etc… is proprietary and copyright 2016 US Public Domain. Contact CEO@USPublicDomain.org for requests to use any materials outside of the digital artifacts galleries.  US Public Domain is a mission-oriented on-going business concern.

** Unless “For Editorial or Fair Use only” is shown in a specific gallery heading.

Pamela Samuelson, J.D. [3] identifies eight benefits from work(s) in the public domain.[4]

  1. Building blocks for the creation of new knowledge – examples include data, facts, ideas, theories, and scientific principles.
  2. Access to cultural heritage through information resources.
  3. Promoting education through the spread of information, ideas, and scientific principles.
  4. Enabling follow-on innovation.
  5. Enabling low cost access to information without the need to locate the owner or negotiate rights clearance and pay royalties through for example expired copyrighted works or patents, and non-original data compilation.
  6. Promoting public health and safety through information and scientific principles.
  7. Promoting the democratic process and values through news, laws, regulation, and judicial opinion.
  8. Enabling competitive imitation, through for example expired patents and copyright, or publicly disclosed technologies that do not qualify for patent protection.

US Public Domain, USPD, makes these additions to Ms. Samuelson’s list:

  1. USPD and AiBLE provide building blocks for the creation of new art and genius in every and any legitimate and legal form.
  2. Public domain permissions cannot (should never) be rescinded or modified like various forms of other permissions, royalty-free agreements, royalty-free purchases, copyright-free downloads, “who knows where this came from,” “nobody will notice,” “everybody does it,” “it is (or probably is) a faked photoshopped artifact anyway,” “it’s OK for now latitudes” and “creative commons” licenses are.
  3. US Public Domain and Lance W. Foss, the CEO of USPD, affirms, strengthens, gives evidence of and tools for USA Bill of Rights guarantees of freedom of speech, press, religion, assembly (and by reasonable extension, individual thought and expression).
  4. USPD has proof that governments, companies and individuals typically do not respond timely nor nearly ever at all to material use requests.
  5. USPD can document the confusion about who original copyright owners actually are because of rampant Internet plagiarism, repackaging and information stealing.
  6. USPD can document that royalties are bought or permission granted for use of copyrighted materials, and the authors resell the royalties to others early and often and/or can change their permission and/or conditions of use for any and no reason at anytime.
  7. US Public Domain can document that getting certain quality images in the public domain for use even as simple as the U.S. Capital dome reconstruction at a time when the U.S. flag is a half-staff is near impossible.
  8. US Public Domain has proof that the cost of artifacts about public events, pubic places and public persons can be and is expensive to cost prohibitive when and if it is offered for sale; privatization-of-just-about-everything-to-the-extreme (the stark reality is this, not the general perception).
  9. There is no legitimate reason that public events, public places, public persons, and with permission, private events, private places, private persons are not available in a way for the USA public to use nearly immediately and rightfully for any private or public purpose they see fit (education, culture, politics, economics, advertising, marketing, innovation, etc…).
  10. Ownership of copyright materials changes like real estate property rights…. and who knows how to manage and track this in our future!!!
  11. The cost of a lawsuit, a $ invoice for use, or the instant ceasing of use by a “cease and desist” request by an attorney can be devastating and debilitating to USA individuals, businesses and organizations.  Why should six million Houstonites take a picture of the Houston skyline somehow, when some pictures of the Houston skyline “as is” is in the public domain in the future at https://uspublicdomain.org ?
  12. USPD increases the intellectual, emotional and citizenship maturity of USA citizens, and by successful extension, successful extension, the world’s also.
  13. Thinkers spend a drop-in-the-USA-bucket to save hundreds of $ millions in potential separate trips (and mitigate missing work and output), and see that the needless and inefficient spending of time, energy and resources are spent more wisely accomplishing higher level activities different than most always the basics (or more-to-the-truth, never getting started).
  14. Rightly and legitimately have our country, the USA, $ pay for what is a public good – what the USA treasures and what USA citizens may and will want and need versus globalized governance by global governors, privatization-gone-amok, and/or choking us and our expressions by overwhelming private ownership of public events, people and materials.
  15. Nobody, nobody, nothing is going to get this done better than the copyright owner of this whole entrepreneurial-driven prescription – Lance W. Foss, USPD company employees and USPD advocates!

Footnotes:

1. http://www.copyright.gov/help/faq-definitions.html , assessed 08/15/2016
2. “Copyright Basics,” U.S. Copyright Office [part of the Library of Congress], May, 2012 (attached)
3. Pamela Samuelson, J.D., Distinguished Professor of Law and Information Management at the University of California, Berkeley, principal area of study is intellectual property law.
4 Guibault, Lucy; Bernt Hugenholtz (2006). The future of the public domain: identifying the commons in information law. Kluwer Law International. ISBN 9789041124357.

 

 

US Public Domain Public Domain digital artifact contributors agree to the following:

1.  I hereby waive all copyright and related or neighboring rights together with all associated claims and causes of action with respect to this work to the extent possible under the law.

and

2.  I am aware of the Creative Commons CC0 “No rights reserved” framework, and I agree that the legalese that serves and protects the Creative Commons Organization will apply to Lance Foss/US Public Domain/AiBle.

US Public Domain website users agree to the following and are responsible for their own down-the-line assertions:

1.  I am aware of the Creative Commons CC0 “No rights reserved” framework, and I agree that the legalese that serves and protects the Creative Commons Organization will apply to Lance Foss/US Public Domain/AiBle.

and

2.  Lance Foss/US Public Domain/AiBLE is not a law firm and does not provide legal services.  There is no attorney-client relationship.  All information and materials is provided on an “as-is” basis.  Lance Foss/US Public Domain/AiBLE makes no warranties regarding the information and materials provide, and disclaims liability for damages resulting from its use.


  • Download digital artifacts in the public domain from the USPD Galleries for free.
  • The micro-watermark on the bottom-right-hand-corner of digital artifacts must remain with the artifact.
  • USPD needs 1’s/10’s/100’s/1,000’s of  financial sponsors to update, customize and expand galleries
  • And US Public Domain thanks existing content-providers and financial sponsors!

Terms of Use

Thank you for using our image search engine. By using our search features, or by visiting or viewing any page, image, message, search-result or other product or accessing any other information delivered from our Servers including but not limited to film and video footage, photographs, illustrations, templates, images, artwork, media project files and/or other audio, audio-visual, or visual works (hereinafter “Works” and/or “Content” – Collectively “Content”) on our https://uspublicdomain.org website (hereinafter “Website”) all persons or entities (hereinafter “Users”) hereby agree that these Terms of Use (hereinafter “TOU”) govern your access to, and use of the Website which is owned and operated by US Public Domain and which may be run, operated and/or managed by its employees, principals, contractors, affiliates and agents (hereinafter “Company” and/or “We” and/or “Us”).

By using or accessing our website in any manner, you confirm that you have read, understood and agree to follow and abide by these TOU at all times. Please read these TOU carefully before accessing, viewing or using our Website. These TOU limit Company’s liability and may substantively affect your rights.

1.0 Use of Our Website

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1.6 All Users agree to access the Website only through a web browser, and specifically agree not to use any third party applications to access the Website or any other page, or Content of the Website. You further agree that you will not use any robot, spider or other automatic device , manual process or application or data mining or extraction tool to access, monitor, copy or use the Website, except as allowed by current industry standard practices and as specified in our robots.txt file.

1.7 Robots, Spiders and other automated access . All Users agree to respect the robots.txt file, as interpreted by the specification at http://www.robotstxt.org . In addition, all Users agree to: (1) identify any automatic access of the Website through the consistent usage of a readily identifiable and traceable “USER-AGENT” header in all requests, (2) respect the Crawl-Delay directive so as not to access materials from the site more than once per value of seconds listed, and (3) Users agree to periodically check for updates to our robots.txt file, at least within the last 24 hours before automatically downloading content and to cease requests if we update our robots.txt to specifically or generally exclude such usage. Users agree not to take any other action that imposes an unreasonable or disproportionately large load on our Website.

1.8 Reuse : No User may “frame”, “proxy”, or in any way repurpose the content, layout, programming, javascript, css, or html on our Website without express written permission from Company.

1.9 Public Domain Content : Users are free to download and use the Content we host on our Website in any responsible and legal manner. We have used reasonable efforts to confirm the Public Domain status of all Content, but cannot and do not guarantee that the Content provided on our Website that may be labeled as “public domain” is free from copyright claims of other third parties. We believe in good faith that all Content provided on our Website is within the Public Domain, but cannot guarantee that. All Users access, download and use Content at their own risk. We provide no guarantees, promises, representations or warranties of the copyright status of any Content contained on our Website or delivered in a search. All Users must conduct their own independent search or investigation before making any type of use (commercial or non-commercial) of any Content on our Website and must obtain any proper licensing rights from any rights holder.

Company will attempt to provide the source for the material where possible, but there is no obligation to do so. Our failure to provide you with any source of any material or Content we provide on our Website does not relieve you of your aforementioned obligation to conduct your own search/investigation and securing any required rights before using any Content obtained through our Website in any manner.

2.0 Indemnification & Hold Harmless

Further, by using, accessing, reviewing and/or downloading any Content on our Website, all Users agree to assume liability for the own conduct and actions and if they are sought to be held liable or responsible for any action or inaction taken or omitted in regard to using our Website, or in regard to any of these terms of use, all Users agree to hold Company harmless from any and all liability, and further agree to defend Company against any any all claims, actions, demands, requests for attorneys fees, claims for compensation for any losses or liabilities, costs or other damages or remedies that may be sought, whether legal or equitable and regardless of the types of claims which may be asserted. Users shall indemnify and defend Company to the extent permitted by law if Company is sought to be held liable in any manner related to User’s use of our Website or any Content derived or used therefrom.

3.0 Warranties and Disclaimers

DISCLAIMER OF WARRANTY. Lance Foss dba US Public Domain, ITS EMPLOYEES, PRINCIPALS, CONTRACTORS AND AGENTS (“COMPANY”) MAKE NO REPRESENTATION ABOUT THE SUITABILITY OR LEGALITY OF THE CONTENT PROVIDED ON OR THROUGH OUR WEBSITE. THIS SITE, AND ACCESS TO ANY LINKED-SITE, IS PROVIDED TO YOU BY ALL CONTENT PROVIDERS “AS IS” AND “AS AVAILABLE”, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

ALL USERS HEREBY DISCLAIM ALL WARRANTIES BY US RELATING TO YOUR WEBSITE USE AND YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR ACCESS TO THE WEBSITE WILL NOT BE FREE OF INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, TECHNICAL INACCURACIES, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE WEBSITE MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR WEBSITE USE OF THE SERVICES WE PROVIDE.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL WE / COMPANY BE HELD LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION COSTS OR FEES, PENALTIES, DAMAGES, FINES, FEES, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE WEBSITE, OR THE CONTENT PROVIDED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

NOTE: Users may have additional rights under certain laws (including consumer protection laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

4.0 User Representations

If you are accessing or using the Website on behalf of your employer or another person or entity, you represent and warrant that you have full legal authority to bind such employer or other person or entity. If you do not have such authority or you do not agree with these Terms of Use, do not access or use the Website.

5.0 Changes to Legal Terms & Policies

Company reserves the right and may change these Terms of Use and company policies as may be set forth herein and may alter or change the guidelines, policies, restrictions and agreements on the Website at any time, and from time to time , without notice required to any User. You are cautioned to review the Terms of Use and the guidelines, policies, restrictions and agreements posted on the Website periodically. Your continued access to or use of the Website after any such changes are posted will constitute your acceptance of and agreement to the changes.

6.0 Downloading Content through Website constitutes Agreement to, and Acceptance of these TOU.

No Content may be downloaded, used or otherwise copied from the Website, unless the person or entity doing so first agrees to the these TOU, as the same may be changed by us from time to time and any and all Content downloaded or copied from the Website is subject to and may only be downloaded and used pursuant to these TOU.

7.0 Intellectual Property

Company protects and enforces its intellectual property rights. “US Public Domain” is a trademark of Company and https://uspublicdomain.org is the protected domain name for Company. The visual appearance of the Website is protected trade dress of Company under 15 U.S.C. § 1125 et seq. and may not be copied without express written consent of Company. Any unauthorized uses are strictly prohibited. Any Copyright and/or other intellectual property legal notices or watermarks on any Materials or Content provided through this Website shall not be deleted or modified without express written permission of Company.

8.0 Use of the Website – Prohibited Activities

All Users agree that they will access and use the Website only for lawful purposes only and only in accordance with these TOU and the guidelines, policies, restrictions and agreements which may be set forth herein, or as otherwise provided on the Website. Users hereby agree they will not on or though the Website do any of the following:

8.1. Commit any acts of fraudulent or misrepresentation;

8.2. Commit any violations of Local, State, or Federal law, rule or regulation including but not limited to engaging in any acts of unfair competition;

8.3. Engaging in any Conduct or activity which poses a risk to Company including but not limited to spreading software viruses, or dissemination any form of “spam”

8.4. Making any unauthorized commercial use of our Website or protected Intellectual Property

8.5. Using or employing any type of data mining, robots or similar data gathering and/or extraction tools on or at the Website or use of any other automated means to access the Website, except as noted above;

8.6. Employing or use of any type of frame or framing techniques or technologies to enclose the Website or any part thereof or any Content thereof (including images, text, page layout or form) of Company or the Website without our express written consent;

8.7. The use of any meta tags and/or any other ” hidden text ” utilizing any of our names or trademarks without our express written consent;

8.8. Taking any action that imposes, or which may impose in our sole discretion, an unreasonable or disproportionately large load on our servers or other infrastructure or use the Website in any way that causes, or is likely to cause, the Website or access to or use of it to be interrupted, damaged or impaired in any way;

8.9. Using our Website for any commercial purposes, including but not limited to advertising, solicitation, political speech, harvesting or any other type of commercial activity.

9.0 Links

Our Website may provide links or references to other third party websites, services an/or resources on the Internet, including possibly payment processors. Company has no control over such third party websites and Users of our Website understand and agree that Company shall be in no manner be held responsible or liable for any damages or injury that may occur through accessing or using a third party website linked to from our site. By providing such links we in no manner represent that we endorse such third parties where the User may be directed. Users access these sites and these links at their own risk.

10.0 Termination of Use

Company reserves the sole right and discretion to Terminate any User’s access to this Website, with or without notice to User. For example, Company has the right to terminate access and report any illegal conduct relating to any violation of these TOU. If this happens, all Users agree to immediately (a) stop using the Website and (b) delete all Content upon request that may have been accessed or downloaded through the Website.

Users also agree that if Company received notice that a certain piece of Content was improperly included on Company’s Website, that User will immediately cease, desist, and refrain from using such Content upon request of Company and shall delete same disabling User’s copy and control of such Content.

If User access is terminated due to a violation of this TOU, Users understand and agree that Company may pursue and seek recovery of any and all damages caused by User’s activity, and User agrees to be responsible to pay for such damage or losses caused.

11.0 Privacy Policy; Your Personal Data; Complaints

Our Company is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed this Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit, use and access our Website. At this time, we do not collect any personal information and thus do not use, share or sell your information with any third parties. This policy may change from time to time without notice to any User. If you believe that your privacy rights (or the privacy rights of a minor of whom you are the parent or legal guardian) are violated by any Content or other Material on the Website, please email our legal counsel (as set forth below in the DMCA notice section) with the following information:

11.1. A detailed description of your concern including times and dates and sections of our Website which have raised concerns;

11.2. A description of how you believe the material or Content violates your (or if acting for a minor, the minor’s) privacy rights;

11.3. Please provide your full name, address, company affiliation and email address, and phone number;

11.4. A statement by you that you have a good faith belief that the disputed use has not been authorized and violates your (or if acting for a minor, the minor’s) privacy and a representation that the information in the notice is true and correct.

We will process and investigate notices of alleged privacy infringement and will take appropriate actions under applicable privacy laws and under the Digital Millennium Copyright Act (the “DMCA” as set forth below), and other applicable intellectual property laws and statutes with respect to any alleged or actual infringement.

12.0 Digital Millennium Copyright Act (“DMCA”) Notices

As set forth above, we take notices of privacy violations and intellectual property infringement very seriously. If any User or other person or entity feels that any of the Content on our Website infringes any intellectual property rights of any party, including but not limited to Copyrights, we have set up a procedure under the DMCA to seek “ safe harbor ” protections by providing you with the opportunity to provide a written objection which Company will review and respond appropriately.

To initiate a notification of claimed copyright infringement should be emailed to our DMCA Registered Copyright Agent at:

US Public Domain

1409 O’Day Road, #57

Pearland, TX  77581

Attn:  Lance Foss

Email:  CEO@USPublicDomain.org

To be effective, the notification must be in writing and contain the following information (see 17 U.S.C 512(c)(3) for further detail):

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. A description of the copyrighted work or other intellectual property that you claim has been infringed;

3. A description of the material that you claim is infringing or where it is located on the Website, with enough detail that we may find it on the Website;

4. Provide your address, telephone number and email address;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

NOTE: We would also kindly request that the Subject line of your email state: “ DMCA Takedown Request ” to ensure proper handling.

We will provide a copy of the notice to the appropriate party that uploaded the material in question. We may not be able to review your claim if you fail to provide the requested information above. Please keep in mind that if you knowingly make a false claim in a DMCA takedown notice, you could be subject to liability for damages, court costs and attorneys’ fees under Federal law .

13.0 Interpretation.

Unless the context requires otherwise, in any part of these Terms of Use: (a) “including” (and any of its derivative forms, e.g. “includes”), “e.g.” and “for example” means “including but not limited to”; (b) “must not”, “should not”, “shall not” and “may not” are expressions of prohibition, and “will”, “must”, “should” and “shall” are expressions of command, and not merely expressions of future intent or expectation; (c) use of the singular imports the plural and vice versa; (d) references to one or no gender include the other or no gender; (e) references to the terms “herein” or “hereto” refer to these Terms of Use (including any terms incorporated by reference herein); (f) the headings in these Terms of Use are for ease of reference only and shall not affect its interpretation; and (g) when calculating the time period before which, within which or following which any act is to be done or step taken pursuant to these Terms of Use, the date that is the reference date in calculating such period shall be excluded and the time period shall be deemed to end at 11:59 PM Greenwich Mean Time on the applicable date.

14.0 Miscellaneous Provisions / Arbitration

14.1. If any provision of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining condition.

14.2. These Terms of Use shall be construed in accordance with the laws of the State of California without regard to any choice of law conflicts. Any disputes which may arise under any use of this Website or under these TOU shall be subject to binding arbitration in the State of California, County of San to binding arbitration in San Francisco County, California. By using, accessing our viewing this Website all Users hereby agree to this and further understand and agree that NO attorney fees may be recovered in any dispute hereunder. The final written decision of the arbitrator, who shall have a minimum of 20 years verifiable intellectual property law experience, will be final and non-appealable to any Court of law. The United Nations Convention on Contracts for the International Sale of Goods does not govern these Terms of Use. Any access to and use of the Website and the entering into these TOU will be deemed to take place in the United States. All Users of the Website hereby consent to jurisdiction as set forth herein.

14.3. By Accessing this Website, Users represent that, if you are an individual, you are at least 18 years of age and have the full right and authority to enter into these TOU.

14.4. Company is an intended third party beneficiary of this TOU and Nothing in these TOU or the guidelines, policies on the Website, express or implied, is intended to or shall confer upon any third person or entity other than the Company any rights, benefits or remedies of any nature whatsoever. Without limiting the generality of the foregoing, no provision herein shall be for the benefit of or enforceable by any creditor of any party hereto.

14.5. If you breach any provision of these TOU and we take no action this is not a waiver of our rights and all rights and remedies are reserved at all times and under all circumstances.

14.6. Company may assign these TOU without your consent to any other party so long as such party agrees to be bound by its terms.

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