Home

Terms and Conditions of Use of this Web site


Accuracy of Information Contained in this Web site

     The information contained in this Web site is subject to change without notice. However, there is no commitment to update the information contained herein. PLEROMA.CA makes no representations or warranties with regard to the information contained herein. You are responsible for evaluating the quality, accuracy, completeness, and usefulness of all information and opinions provided in this Web site. In providing the information contained in this Web site, PLEROMA.CA and any third party authors of the information provided are not rendering any legal, accounting or other professional advice or opinions on specific facts or matters. PLEROMA.CA assumes no liability whatsoever in connection with your use of this information. You should always consult with your own professional advisors with respect to your situation.

WE, THE AUTHORS OF THIS INTERNET WEB-SITE NAMED HEREIN AS PLEROMA.CA, ACCEPT NO RESPONSIBILITY OF ANY PERSONAL REACTIONS SUCH AS EMOTIONAL STRESS, NIGHTMARES, OR FEAR, NOR DO WE ADVOCATE THAT ANYONE TAKE ANY PERSONAL ACTIONS BASED ON THE INFORMATION PROVIDED HEREWITH. THE READER IS CONSIDERED TO BE AT HIS/HER OWN RISK TO READ ANYTHING TEXTUAL FOUND ON ANY TEXT, OR TEXT ARTICLE AT PLEROMA.CA; OR USING ANY LINK PROVIDED ON PLEROMA.CA. PLEROMA.CA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PLEROMA.CA HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL PLEROMA.CA BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE OR OTHER TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE. PLEROMA.CA MAKES NO WARRANTIES OR GUARANTEES THAT ANY INFORMATION DIRECTLY OR INDIRECTLY TRANSMITTED TO OR FROM THIS SERVER IS SECURE OR THAT ANY INFORMATION CONVEYED WILL BE PRIVATE.

Product and Service Information

  The descriptions in the various articles and links offered by PLEROMA.CA contained in this Web site are provided solely for general informational purposes. The information and descriptions contained herein are not intended to be complete descriptions of all terms, conditions and exclusions applicable to the posted articles. The precise coverage afforded by PLEROMA.CA is subject to the terms, conditions and exclusions of the policies as issued.

Hyperlinks

  As a convenience to you, this Web site contains links to other sites independently maintained by others. Because PLEROMA.CA does not control these other sites, we cannot make any representations regarding and are not responsible for the content or accuracy of the materials on these linked sites. In addition, the link to these sites should not be construed as a recommendation, endorsement, adoption or approval by PLEROMA.CA of any products or services offered by the sponsors of these sites, or the views or opinions expressed therein. PLEROMA.CA is not responsible for your use of such linked sites or the products or services offered by the sponsors of these sites. You should make an independent investigation and evaluation before acquiring any of such products or services.

General

  Access to the materials in this Web site may not be legal by certain persons or in certain countries. If you access the Web site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. By virtue of maintaining this Web site, PLEROMA.CA shall not be construed to be doing or transacting business or otherwise being subject to the jurisdiction of any governmental authority in which the user, or this or any linked site server or Internet provider is resident, domiciled or located. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in material on a particular page of this Web site, this Agreement constitutes the entire Agreement between you and PLEROMA.CA with respect to use of this Web site.

Provisions not otherwise held invalid shall remain in force.

Copyright Statement

  • I mention the source of quotes and articles where I know it.
  • I consult with the author of articles where I can find them. I consider them copyright holders, not their publishers. I will use Canadian Fair Dealing, U.S. Fair Use, Article 19 of the United Nations Declaration of Human Rights and The Pentagon Papers; all explained below.
  • Where I can't find the author, or he or she is dead, I assume they would not mind their material reaching a wider audience.

  Most of the files at this site are in the public domain in the United States. This is because they were originally printed in the US and:

  • Their copyright has expired normally (they were published in or prior to 1922), or
  • They were published between 1923 and 1964 (inclusive) and the copyright was not renewed, or
  • They were published by the US Government.

In addition, books printed outside the US in or before 1922 are in the public domain in the US.

  Books and other content become public domain in different ways in different countries. So if you reside outside the US, you will have to use different criteria to determine if a text is in the public domain. In some countries, this is determined by the date of death of the author. For instance, in the United Kindom or European Union books become public domain 70 years after the death of the author. This means that some books are in the public domain in the US but not the UK. For instance, the book 'The Tarot Unveiled' was published in 1910 in England. This means that it is in the public domain in the US (it was published prior to 1922). However, the author, A.E. Waite, died in 1942. For this reason this book will not enter the public domain in the UK or the EU until 2012.

  Please read these terms and conditions carefully. By making use of this Web site, you agree to be bound by the terms and conditions set out below and any additional terms and conditions set forth on individual pages of the Web site. If you do not wish to be bound by these terms and conditions, do not continue to use or access this Web site.

Copyrights and Trademarks

  Any of the trademarks, service marks, collective marks, design rights or similar rights that are mentioned, used or cited in the articles of the PLEROMA.CA are the property of their respective owners. Their use here does not imply that you may use them for any purpose other than for the same or a similar informational use as contemplated by the original authors of these articles under the CC-BY-SA and GFDL licensing schemes. Unless otherwise stated PLEROMA.CA are neither endorsed by nor affiliated with any of the holders of any such rights and as such PLEROMA.CA cannot grant any rights to use any otherwise protected materials. Your use of any such or similar incorporeal property is at your own risk. You may not sell, distribute or otherwise use the material in this Web site, or any part thereof, in any way for any public or commercial purpose.

The non-original works incorporated in this website fall into the following classes:

  •   There is a principle in common law that, when private property is permitted for public use over an extended period of time, it cannot be thereafter be denied to the public. This principle is called public easement. In such manner have many trademarks passed into the public domain.
  •   Making portions of printed work available on the World Wide Web is equivalent to displaying it on the shelves of a library open to the public. Therefore it is covered by the Fair Use clause of the copyright law.
  •   Our purpose is educational: we do not seek financial gain from the ingenuity of others. Moreover, our hypertext presentation cannot not be considered a replacement for the printed volumes. We recommend purchasing the original work, if possible.
Comment Concerning Copyright:

  We share with many others the view that the act of displaying a printed document on the Internet as the equivalent of displaying the said document on the shelves of a library open to the public, but with the advantages that Internet publication can be accomplished at reduced cost and that the published items become accessible more rapidly and to a wider audience.

  Interested readers are encouraged where possible to buy the original document from the publisher, which being on the printed page is not only handier to read and to work with, but is more detailed and complete, and is more likely to remain on the purchaser's shelf a decade or two from now than is the electronic copy to remain on the Internet or on the reader's hard drive for the same length of time.
With respect to the internet reproduction of photographs or works of art it may similarly be said that the Internet versions are typically severely cropped and of low resolution in comparison to the original hard-copy versions, which again places the Internet version in the role of an inducement to the user to consult the hard-copy original for a more informative or edifying experience. It is acknowledged that in order to survive, publishers must be paid for their printed materials, and electronic reproduction of these materials in whole or in part is permissible only to the degree that it does not detract from hard-copy sales, and more particularly where it stimulates them.

   As the Internet versions of hard-copy publications are inferior in detail, completeness, and longevity it is not possible for the former to compete with the latter; rather, Internet versions play a supportive role for hard-copy publications, pointing to their existence and sparking interest in them.  Thus, the beneficiaries of Internet publication are primarily the reader who is given readier access to the posted materials, the author whose work is given broader dissemination, and the original publisher whose name is brought to wider attention.  In fact, Internet publication sometimes approximates, and plays a role similar to that of, promotional material that the original publisher would otherwise have to pay fees to procure, or that he in parallel already pays fees to procure.

Using principle in " common law system " called public easement.

  Relevant to the question of copyright might be the following laws on Canadian "fair dealing" and US "fair use," Article 19 of the United Nations Declaration of Human Rights, and as well an excerpt on Fundamental Freedoms from the Canadian Charter of Rights and Freedoms:

Canadian Fair Dealing

 
Canada's
Bill C-32 and Bill C-11


29. Fair dealing for the purpose of research or private study does not infringe copyright.
   29.1 Fair dealing for the purpose of criticism or review does not infringe copyright if the following are mentioned:
      (a) the source; and
      (b) if given in the source, the name of the
          (i) author, in the case of a work,
          (ii) performer, in the case of a performer's performance,
          (iii) maker, in the case of a sound recording, or
          (iv) broadcaster, in the case of a communication signal.
   29.2 Fair dealing for the purpose of news reporting does not infringe copyright if the following are mentioned:
      (a) the source; and
      (b) if given in the source, the name of the
          (i) author, in the case of a work,
          (ii) performer, in the case of a performer's performance,
          (iii) maker, in the case of a sound recording, or
          (iv) broadcaster, in the case of a communication signal.
          Bill C-11, as Proclaimed in Force.
          Bill C-11 expands the availability of the fair dealing exception to uses done for the purposes of education, satire and parody.

U.S. Fair Use

See also: https://en.wikipedia.CA/wiki/Fair_use

Section 107.  Limitations on exclusive rights: Fair Use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -
    1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
    2. the nature of the copyrighted work;
    3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
    4. the effect of the use upon the potential market for or value of the copyrighted work.

Article 19 of the United Nations Declaration of Human Rights
 
ARTICLE 19.  Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.  (The Universal Declaration of Human Rights, adopted by the United Nations General Assembly on December 10, 1948)


Canadian Charter of Rights and Freedoms
 
FUNDAMENTAL FREEDOMS.

2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.

...
Section 2(b) protects all forms of expression, whether oral, written, pictorial, sculpture, music, dance or film.  The freedom of expression referred to, moreover, extends to those engaged in expression for profit and those who wish to express the ideas of others, and to the recipients as well as to the originators of communication....  ...  The burden is on the person challenging government action to ... show that the activity in issue promotes at least one of the principles and values underlying the freedom.  Those principles and values are: that seeking and attaining the truth is an inherently good activity....  ...  The term "expression" embraces all content of expression irrespective of the particular message sought to be conveyed and no matter how invidious and obnoxious the message.

The Pentagon Papers

   Also relevant to the use of copyrighted materials on the Internet are precedents such as the publication by The New York Times and The Washington Post in 1971 of the Pentagon Papers — classified documents relating to the Vietnam War; as well as publication over the Internet of the Tobacco Papers.

   The relevance of the Pentagon Papers quotations lies firstly in that the freedom of dissemination of information which is not only prized, but is essential to the functioning — indeed the survival — of our society is not only a freedom of the press, but rather a freedom of dissemination of information through all media, including today's Internet. The freedom to disseminate information, thus, must be seen as a freedom not only of the press to expose any deception by anybody, but as a freedom by all to expose deception by all, and more generally a freedom of all to communicate to all.


     
admin

    Home