1. After several years of fun and mayhem, TSDF has closed permanently. For members, this remains a place to reminisce at old discussions and laugh at old shenanigans. For new friends who just found us, it can be an archive of reference to help you navigate your way through the TWD shows and Comics. We wish you well!

Creative Commons License

License granted to TSDF by members for its use, remix and distribution of photos, images, documents, etc.

The Spoiling Dead Fans© (“TSDF”) is an organization registered in the State of Missouri run strictly by fans of The Walking Dead. We are not affiliated with or claim to be affiliated with the cast or crew of The Walking Dead or anyone from AMC, Stalwart Films, Raleigh Studios or Image Comics.


There is no profit made from the Facebook page (www.facebook.com/spoilingdeadfans) or our web site (www.thespoilingdeadfans.com) and copyright infringement is not intended. The web site and Facebook page are strictly for fan purposes and entertainment purposes only. The commentary stated on this web site or Facebook page is the opinion of the individual poster.


All images, character names, etc. are copyrighted back to their original owners. To the best of our knowledge they are being used under 17 U.S.C. Chapter 1, Section 107 Fair Use and are presented here for criticism, comment and news reporting. If you are the author of a copyrighted work found on our page or our web site and would like it removed due to being outside of Fair Use, please contact the Administrator via messaging or Email with your request before reporting it to Facebook or any legal authority. If your request is found to be valid, the content will be removed as soon as reasonably possible.


All photos, documents and files visible on the Facebook page, the TSDF web site, Twitter account or Tumblr page or elsewhere which bear the mark “The Spoiling Dead Fans©” are photos, documents and files which have either been authored by The Spoiling Dead Fans, its owner(s), administrator(s), staff or members, or they have been licensed to TSDF by the original authors/photographers/creators under a specific Creative Commons License: CC BY-NC. 


By sending an original work, including photos, to the Administrator of the Facebook page or through the TSDF web site, any member of TSDF, which include those individuals who have "liked" the Facebook page and/or are registered at www.thespoilingdeadfans.com, who submits the originally authored work hereby grants to TSDF a Creative Common License: CC BY-NC.


Under this license, you (the Licensor) are allowing The Spoiling Dead Fans TSDF (the Licensee) to:


Share — copy and redistribute the material in any medium or format

Adapt — remix, transform, and build upon the material


In exchange for this privilege, TSDF must:

1. Give appropriate credit, provide a link to the license or disclose its location, and indicate if changes were made. TSDF may do so in any reasonable manner, but not in any way that suggests you endorse us or our use.

2. Not use the material for commercial purposes (sale of any product of service).

TSDF does not have to comply with the license for elements of the material in the public domain or where its use is permitted by an applicable exception or limitation (Fair Use/Fair Dealing). The Licensor may not revoke this license as long as the terms are followed by TSDF.

Before submitting your photos, please view the license  below in its entirety to understand its terms. 

 

Creative Commons Attribution-NonCommercial 4.0 International Public License

 

By exercising the Licensed Rights (defined below), The Spoiling Dead Fans (“TSDF”) accepts and agrees to be bound by the terms and conditions of this Creative Commons Attribution-NonCommercial 4.0 International Public License ("Public License"). To the extent this Public License may be interpreted as a contract, TSDF is granted the Licensed Rights in consideration of its acceptance of these terms and conditions, and the Licensor grants TSDF such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions.

 

Section 1 – Definitions.

 

a. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.

 

b. Adapter's License means the license TSDF applies to TSDF's Copyright and Similar Rights in its contributions to Adapted Material in accordance with the terms and conditions of this Public License.

 

c. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2b(1)-(2)are not Copyright and Similar Rights.

 

d. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.

 
e. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
 

f. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.
 

g. Licensed Rights means the rights granted to TSDF subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to TSDF's use of the Licensed Material and that the Licensor has authority to license.

 
h. Licensor means the individual(s) or entity(ies) granting rights under this Public License.

 
i. NonCommercial means not primarily intended for or directed towards commercial advantage or monetary compensation. For purposes of this Public License, the exchange of the Licensed Material for other material subject to Copyright and Similar Rights by digital file-sharing or similar means is NonCommercial provided there is no payment of monetary compensation in connection with the exchange.

 
j. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.

 
k. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.

 

i.  TSDF means the any owner, administrator or volunteer staff member of The Spoiling Dead Fans web site, Facebook page, Twitter account or Tumblr page, who is exercising the Licensed Rights under this Public License. Its and Their have a corresponding meaning.

 

Section 2 – Scope.

 

a.  License grant.

 

1   Subject to the terms and conditions of this Public License, the Licensor hereby grants TSDF a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:

 

A.  reproduce and Share the Licensed Material, in whole or in part, for NonCommercial purposes only; and

 

B.   produce, reproduce, and Share Adapted Material for NonCommercial purposes only.

 

2.  Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.

 

3.  Term. The term of this Public License is specified in Section 6a.

 

4.  Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid TSDF from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2a(4) never produces Adapted Material.

 

5.  Downstream recipients.

 

A. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.

 

 B.  No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.

 

6.  No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that TSDF is or that its use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3a(1)(A)(i).

 

b.  Other rights.
 

1.  Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow TSDF to exercise the Licensed Rights, but not otherwise.
 


2.  Patent and trademark rights are not licensed under this Public License.

 

3.  To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties, including when the Licensed Material is used other than for NonCommercial purposes.

 

Section 3 – License Conditions.

 

TSDF's exercise of the Licensed Rights is expressly made subject to the following conditions.

 

a. Attribution.

 

 1.  If TSDF Shares the Licensed Material (including in modified form), it must:

 

A.  retain the following if it is supplied by the Licensor with the Licensed Material:

 

i.          identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);

ii.  a copyright notice;

iii. a notice that refers to this Public License;

iv. a notice that refers to the disclaimer of warranties;

 v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;

 

B.  indicate if TSDF modified the Licensed Material and retain an indication of any previous modifications; and

 

C. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.

 

2.  TSDF may satisfy the conditions in Section 3a(1) in any reasonable manner based on the medium, means, and context in which its Shares the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URL or hyperlink to a resource that includes the required information.

 

3.  If requested by the Licensor, TSDF must remove any of the information required by Section 3 a(1)(A) to the extent reasonably practicable.

 

4.  If TSDF Shares Adapted Material TSDF produces, the Adapter's License it applies must not prevent recipients of the Adapted Material from complying with this Public License.

 

 Section 4 – Sui Generis Database Rights.

 

Where the Licensed Rights include Sui Generis Database Rights that apply to TSDF's use of the Licensed Material:

 

a.  for the avoidance of doubt, Section 2a(1) grants TSDF the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database for NonCommercial purposes only;

 

b.  if TSDF include all or a substantial portion of the database contents in a database in which it has Sui Generis Database Rights, then the database in which it has Sui Generis Database Rights (but not its individual contents) is Adapted Material; and

 

c.  TSDF must comply with the conditions in Section 3a if it Shares all or a substantial portion of the contents of the database.

 

For the avoidance of doubt, this Section 4 supplements and does not replace TSDF's obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.

 

Section 5 – Disclaimer of Warranties and Limitation of Liability.

 

a.      Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to TSDF.

 

b.     To the extent possible, in no event will the Licensor be liable to TSDF on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to TSDF

 

c.  The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

 

Section 6 – Term and Termination.

 

a.  This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if TSDF fails to comply with this Public License, then its rights under this Public License terminate automatically.

 

b.  Where TSDF's rights to use the Licensed Material has terminated under Section 6a, it reinstates:

 

1.  automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or

2.  upon express reinstatement by the Licensor.

 

For the avoidance of doubt, this Section 6b does not affect any right the Licensor may have to seek remedies for TSDF's violations of this Public License.

 

c.  For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.

 

d.  Sections 1, 5, 6, 7, and 8 survive termination of this Public License.

 

Section 7 – Other Terms and Conditions.

 

a.  The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.

 

b.  Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.

 

Section 8 – Interpretation.

 

a.  For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.

 

b.  To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.

 

c.  No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.

 

d.  Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or TSDF, including from the legal processes of any jurisdiction or authority.

 

If you do not understand the terms of this license agreement, please consult a licensed attorney before submitting your original photo or other authored work.

Published:
Jun 10, 2014
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