Legal Downloading Terms

Legal Downloading Terms

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All game files are stored here for the purpose of preservation and archival reproduction. All files here fall into exemption 2 applied to US Digital Millennium Copyright Act (ruling 1201) which states that these exemptions apply to:

(2) Computer programs and video games distributed in formats that have become obsolete and that require the original media or hardware as a condition of access, when circumvention is accomplished for the purpose of preservation or archival reproduction of published digital works by a library or archive.

With the definition of obsolete being given as:
"Obsolete" shall mean "no longer manufactured or reasonably available in the commercial marketplace."

All files stored on romBay.com are obsolete in the above sense. No reasonably available games have their respective rom or iso file equivalents stored here.

In addition romBay.com stores these files for the purpose of preservation and archival reproduction as expressly permitted by the above legislation. We act as a library offering a complete legal archive of digital works.

These exemptions went into effect upon publication in the Federal Register on November 27, 2006, and will remain in effect through October 27, 2009.

As such, by entering our rom or iso sections and downloading files, you are contractually agreeing to the following:

1) You own a licence for any rom or iso images you download.
2) You will not distribute or attempt to profit from any files you download.
3) You agree that all files here are hosted by us in good faith, and as such we cannot be held responsible if users download the aforementioned files illegally.
4) You acknowledge that all files on this site are provided "as is" and that  romBay.com carries no liability whatsoever should any files downloaded from this site affect your system in any way.

By downloading files from our site, you are agreeing to all the above terms. If you do not agree you must not download any files and you must leave the site immediately.