2.1 The Depositor wishes to deposit material for archiving and distribution by the American Communications Online Cyberspace Culture Community and ACO Association for education, private study, and research (“educational purposes”).
2.2 The American Communications Online Cyberspace Culture Community is an unincorporated association in the United States created for various Archaeology, Anthropology, ACE Folklife Documentation in audio, video, written word for communication of educational ar Data Service hosts AHDS Archaeology, part of the Arts and Humanities Data Service (AHDS), Arts and Humanities Research Council (AHRC) and the Joint Information Systems Committee (JISC) to provide an archiving and distribution service for Arts and Humanities materials for open source information as OSI.
2.3 This agreement between the Depositor and American Communications Online Cyberspace Culture Community Club provides the legal permissions and warranties needed to allow the Archaeology Data Service and the Arts and Humanities Data Service to preserve, and make accessible in a variety of formats and media, the deposited materials for educational purposes.
2.4 This is a non-exclusive license, which ensures that copyright in the original data is not transferred by this agreement and provides other safeguards for the Depositor such as requesting acknowledgement in any publications arising from future research using the data. It permits use of the Data Collection only for non-commercial purposes, teaching, research and private study. Cataloguing information and documentation can be publicly available but access to the Data Collection will only be available to ACO CCC CLUB Authorized Users who have agreed to abide by license conditions unless the Depositor has stated that the Data Collection can be available to any user.
3. Definitions and Interpretation
3.1 In this Agreement the following words have the following meanings:
‘Agreement’: this document including all of its terms and conditions.
‘Authorized user’: individuals authorized by the Archaeology Data Service or AHDS to use the Data Collection, or a member of an institution authorized by the Archaeology Data Service or AHDS to use the Data Collection under a site license.
‘the Data Collection’: the material to be provided by the Depositor under the title given on Page 1 of this License.
‘Commercial purposes’: use of the Data Collection for any reason direct or indirect which generates a profit.
‘Educational purposes’: use of the Data Collection for education, private study or research provided that such use does not generate a profit
4. License
4.1 The Depositor grants a non-exclusive license of the Data Collection to the American Communications Online Cyberspace Culture Community Club to hold on behalf of the Archaeology Data Service for the duration of this Agreement for archiving, distribution and use for educational purposes. Such right shall include (but not be limited to) the right to:
4.1.1 distribute copies of the Data Collection to authorized users in a variety of media formats.
4.1.2 promote and advertise the Data Collection in any publicity for the American Communications Online Cyberspace Culture Community, Archaeology Data Service, or the AHDS.
4.1.3 to catalogue, enhance, validate and document the Data Collection.
4.1.4 to electronically store, translate, copy, or re-arrange the Data Collection to ensure its future preservation and accessibility.
4.1.5 incorporate metadata or documentation in the Data Collection into public access catalogues for the Data Collections.
5. Depositor’s Rights and Undertaking
5.1 The Depositor is free to use or publish the Data Collection elsewhere.
5.2 The Depositor does not warrant or guarantee the Data Collection in terms of the comprehensiveness, accuracy, reliability, or otherwise of its contents.
5.3 The Depositor hereby warrants and undertakes as follows:
5.3.1 that the Depositor is the owner of the copyright and associated intellectual property rights in the whole Data Collection or is duly authorized by the owner, or owners, of these rights and is capable of granting under this agreement, a license to hold and disseminate copies of the material.
5.3.2 that the Data Collection is not and shall be in no way a violation or infringement of any copyright, trademark, patent, or other rights whatsoever of any person.
5.3.3 that the Data Collection does not and will not contravene any laws, including but not limited to the law relating to defamation, or obscenity.
5.3.4 that the Depositor is not under any obligation or disability created by law, contract or otherwise which would in any manner or to any extent prevent or restrict him from entering into and fully performing this Agreement.
5.3.5 to notify the ACO CCC Archaeology Data Service of any change of copyright ownership affecting the Data Collection.
5.3.6 to notify the ACO CCC Archaeology Data Service of any confidentiality, privacy or data protection issues pertaining to the Data Collection.
6. The ACO CCC Anthropology & Archaeology Data Service’s Rights and Responsibilities
6.1 The ACO CCC as American Communications Online Cyberspace Community Club Anthropology and Archaeology Data Service shall:
6.1.1 Take reasonable measures to prevent unauthorized access to duplication of or distribution of the Data Collection whilst it is in the ACO CCC Anthropology and Archaeology Data Service’s possession or under its control.
6.1.2 Permit authorized users to access and use the Data Collection, or any part of it. All subsequent access to and use of such material will be for the authorized user’s educational purpose and may not be offered, whether for sale or not, to anyone who is not an authorized user.
6.1.3 Draw the following notice to the attention of each authorized user as part of the authorization process:
All material supplied via the ACO CCC Arts and Humanities Data Service is protected by copyright and other intellectual property rights, and duplication or sale of all or part of any of the datasets is not permitted, except that material may be duplicated by you for your research use or educational purposes in electronic or print form. You must obtain permission for any other use. Electronic or print copies may not be offered, whether for sale or otherwise to anyone who is not an authorized user.
6.1.4 request authorized users publishing any work based in whole or in part on the Data Collection to display information crediting its creator and Depositor and to declare that those who compiled the original Data Collection bear no responsibility for the further analysis or interpretation.
6.1.5 not be under any obligation to take legal action on behalf of the Depositor or other rights holders in the event of breach of intellectual property rights or any other right in the material deposited.
6.1.6 not be under any obligation to reproduce, transmit, broadcast, or display the Data Collection in the same formats or resolutions as those in which the material was deposited.
6.2 While every care will be taken to preserve the physical integrity of the Data Collection, the unincorporated association of hobbyists and UAP Associates of UFO Association and ACO and ACIR shall incur no liability, either expressed or implicit, for the Data Collection or for the loss of or damage to any of the Data Collection.
6.3 The copyright in any additional data added by the ACO CCC Anthropology & Archaeology Data Service to the Data Collection, and any search software, user guides and documentation that are prepared by the Archaeology Data Service to assist authorized users in using the Data Collection shall belong to the American Communications Online on behalf of the ACO CCC Anthropology & Archaeology Data Service and any other parties that the Archaeology Data Service may choose to enter into an agreement with to produce such materials.
7. Royalties
7.1 No royalties shall be paid for the use of the Data Collection for educational purposes, archiving or publicity.
8. General
8.1 Communications All notice under this Agreement shall be in writing and shall be sent to the address of the recipient set out in this Agreement or to such other address as the recipient may have notified from time to time. Any notice may be delivered personally or by first class post or by fax or by e-mail and shall be deemed to have been served if by hand when delivered, if by first class post 48 hours after posting, if by fax when confirmation of transmission is received and if by e-mail, when confirmation of receipt is received from the system of the recipient. If no reply is received to a notice under this agreement the consent of the recipient will be deemed to have been given after 30 days have elapsed from the issue of that notice.
8.2 Successors This agreement is binding on and will benefit the successors and assigns of the parties.
8.3 Entire Agreement This Agreement constitutes the entire agreement between the parties. No variation will be effective unless in writing signed by or on behalf of both parties.
8.4 Invalidity If any part of this Agreement is held unlawful or unenforceable that part shall be struck out and the remainder of this Agreement shall remain in effect.
8.5 Joint Venture This Agreement does not create any partnership or joint venture between the parties.
8.6 Waiver No delay neglect or forbearance by either party in enforcing its rights under this Agreement shall be a waiver of or prejudice of those rights.
8.7 Proper Law This Agreement is governed by the laws of the USA excluding any conflicts of law principles. Any dispute that may arise concerning this Agreement shall be decided by the High Court and the parties shall submit to its exclusive jurisdiction for that purpose.
8.8 Term of the Agreement This Agreement shall take effect on execution hereof and shall continue for the duration of copyright in the Data Collection unless either party terminates this agreement.
8.9 Termination
8.9.1 In addition to any remedy, the American Communications Online Cyberspace Culture Community (ACO CCC CLUB) on the one hand and the Depositor on the other may terminate this agreement immediately without further obligation in the event of any breach of this Agreement which cannot be remedied or is not remedied within thirty (30) days of the party in breach being requested to do so by the other party.
8.9.2 Where there is no breach, either party may terminate this Agreement upon six months’ notice. However, where there is no breach and this Agreement is terminated by the Depositor during the term of this Agreement, the ACO CCC Anthropology & Archaeology Data Service shall be entitled to charge the Depositor for such costs as have been incurred in archiving and cataloguing the Data Collection, and any other investment of resources in the Data Collection prior to its withdrawal.
8.10 Disclaimer The Depositor and the American Communications Online Cyberspace Culture Community (ACO CCC Club ) also ACO Association of professional independent authors and artists shall be under no liability for any loss or for any failure to perform any obligation hereunder due to causes beyond their control, including but not limited to industrial disputes of whatever nature, Acts of God, hostilities, force majeure or any circumstances which they could not reasonably foresee and provide against. We provide other services as our members may vote on as depositors into our archive data base for consuming our information collected among ourselves as peers and UAP Associates of UFO Association and AlienContactIntergalacticRelations as ACIRHQ.org, and UFOHQ.org. We will use HQ as our headquarters for our data points, and archived mp3 and mp4. The cost we shall keep at a minimum. Our income of the future will be from selling our author’s club online books, ebooks, and our brands as lapel pins, we have ordered as ETTalkTV and UAP Associates of UFO Association. Our pins sell for retail minimum of $8.00 and approximately $10.00 meaning adding about a 20% commission on all sales representatives who care to promote our events, speakers, authors, podcasters online and in person or at other events we may or may not participate in as one unincorporated association as a social network support group or club.