posted on Mar, 25 2019 @ 09:59 PM
Looking over the T&C’s, lots of things come into play here. I’ll post some highlights to consider and where they are located.
1) You agree that TAN will not be liable to you or any third party for any modification or discontinuance of the services.
So the request can be made for what you want, but no legal obligation to deliver on that feature request.
8) INDEMNIFICATION: You agree to protect and fully compensate the TAN Parties from any and all third-party claims, liability, damages, expenses and
costs (including, but not limited to, reasonable attorneys' fees) arising from your use of the Websites, or violation of the Terms and Conditions of
Use (or for members, the Additional Terms and Conditions of Membership) by you or any other user of your account (whether or not authorized), and you
agree to indemnify and hold the TAN Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or
arising out of your use of the Websites, your connection to the Websites, your violation of these terms and conditions, or your violation of the
rights of another.
Any fine levied by the EU would be yours to pay. If it went that route.
12c) Choice of Law. These Terms and Conditions of Use (and for members, the Additional Terms and Conditions of Membership) shall be deemed to have
been entered into in the State of Arizona. The rights of you and TAN hereunder shall be governed by, and construed in accordance with, the laws of the
State of Arizona without regard to conflicts of laws principles. Each party to this Agreement irrevocably (a) submits to the exclusive jurisdiction of
any state or federal court located in Maricopa County, Arizona in litigating any action or proceeding arising out of or relating to this Terms and
Conditions of Use (and for members, the Additional Terms and Conditions of Membership), and (b) agrees that any such action or proceeding may be
litigated only in such courts. TAN and you agree to waive, to the fullest extent permitted by law, the defenses of lack of personal jurisdiction,
inconvenient forum, and improper venue to the maintenance of any such action or proceeding. Any final judgment rendered against a party in any such
action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by
law.
Choice of law has been made. The EU cannot supersede it without compensation once they visit the site, which would need to happen to confirm you had a
case.
(Not numbered but is between 14) & 15) and is specific to full members and not just visitors)Your membership in the Websites indicates your acceptance
of the above Terms and Conditions for Use as well as the following Additional Terms and Conditions of Membership. These terms and conditions are
subject to change without warning, so please review them regularly.
17) Rights In Posted Materials: By posting on this message board, you relinquish all exclusive copyrights to any materials you Post and furthermore,
you grant TAN non-exclusive, non-revocable worldwide, royalty-free rights to copy, distribute, display, reproduce, modify, adapt, create derivative
works, and publicly perform the materials in perpetuity in all forms.
To sum it up, you post it, it is published by TAN and belongs to TAN with shared ownership to the author.
And finally, since copying material is the entire basis of the question at hand...
6) You will not copy, distribute, display, or publicly perform material from the Websites to Post on other websites or quote in offline research in a
manner that does not comply with the Creative Commons License that specifies the author's member name as a member of AboveTopSecret.com, includes The
Above Network, LLC and the member as owners of the content, provides the title of the thread, and a full URL to the board thread.
Copying entire threads especially posts that are not yours may or may not violate the copyrights specified in 6) as it may or may not comply the
specific Creative Commons License. Simple offline reading might not be a problem, but if at any point a profit is made then it would definitely
violate the Creative Commons License.
Side note to the above. The ATS Radio Shows did not seek or accept advertisers and produced at our own expense because we used Creative Commons
Licensed music and didn’t wish to enter a gray area even though some shows were very separated.