Associated Content's TOS Being Violated By Nicky, Part 1

This is AngryInIllinois' idea, whom I emailed and got permission to do this. First, here is a part of their Terms of Service, the large and bold fonts indicating where Nicky is breaking the rules, and the quotes from his articles that follow will have the same.

Associated Content's TOS

7. Representations and Warranties. Content Producer hereby represents, warrants and covenants to Company that: (a) if Content Producer is an individual, Content Producer is over the age of eighteen (18); (b) Content Producer shall use its reasonable best efforts to perform the Services in an ethical, diligent and professional manner consistent with highest industry standards and otherwise in accordance with the terms and conditions of this Agreement; (c) Content Producer is the owner or the licensee of all IP Rights relating to the Works and has full legal power and authority to enter into and perform this Agreement in accordance with its terms, including without limitation, the full right and power to grant to Company the rights granted in the Works, as described herein, without the consent of any governmental body, any regulatory authority, or any third party; (d) the Works, and Company's use thereof, does not and shall not violate or in any way infringe upon the rights of third parties, including without limitation, any IP Rights, rights of publicity or privacy rights of any third party; (e) the Services will not be in violation of any applicable law, rule, or regulation, and Content Producer will have obtained all permits required to comply with such laws and regulations; (f) the Works are free and clear of all claims, liens, encumbrances and the like of any nature whatsoever, and Content Producer has not made a previous assignment, transfer, license grant or agreement in conflict herewith or constituting a present or future assignment, license grant or encumbrance with respect to any Works in conflict herewith; (g) the Works shall not contain any unlawful, threatening, abusive, false, libelous, defamatory, obscene, pornographic, profane, or otherwise infringing or objectionable content or material of any kind; (h) Content Producer has provided and will continue to provide true, accurate and complete information to Company in connection with this Agreement and the Application, including, without limitation, Content Producer's legal name, tax identification information, address and other requested contact information; (i) the execution, delivery and performance of this Agreement does not conflict with, constitute a breach of, or in any way violate any arrangement, understanding or agreement to which Content Producer is a party or by which Content Producer is bound; and (j) the Works shall not include any software code or other materials subject to non-negotiable licenses, including without limitation, "open source" or "freeware" software licenses, or any other stipulations or restrictions requiring that the Works and/or any material combined or distributed with such Works be (i) disclosed or distributed in source code form, (ii) licensed for the purpose of making derivative works, or (iii) re-distributable at no charge. Content Producer further represents, warrants and covenants to Company that no claim, whether or not embodied in an action past or present, of any infringement, of any conflict with, or of any violation of any IP Right or similar right, has been made or is pending or threatened against Content Producer or Content Producer's Related Parties relative to the Works, nor to the best of Content Producer's knowledge, are there any valid grounds for any claim challenging the ownership, validity, or enforceability of the Works or any IP Rights therein.

From Nicky's article on Associated Content titled

Industry Rivalry

First, before citing the numerous examples that Nicky is breaking their TOS, let's look at a comment he left in this article, directed at the person he is slandering, indicating he is only using AC to get back at him.

Take your fucking tags down you have about my books because they are a misrepresentation of what they are. You keep doing those kind of tags then I will smear you more on here. Now I got your attention, since you're doing Italian baiting now. Keep running your mouth about me douche and keep linking the articles because the more hits on them I will get paid.

Posted on 11/16/2008 at 4:11:27 PM

It's nice to know one can use AC to harass people if they don't do what you say.
Now, on to the "article" itself.

It seems that Timothy Lieder likes to mess with my publishing company and anthologies for way too long, and I am going to put this out there for the good people of AssociatedContent.com that he was the person who frequently libeled my books with tags that don't even fit the books I edit. The pushy little bastard likes to hide behind the fact he's Hebrew to accuse me of making anti-Semitic remarks but he's asking the very same way that Adolf Hitler did.

I am just waiting for Michael Boatman to have a book published elsewhere before I buy it because I don't want to put any money in Lieder's pocket being the pushy sack of crap he is.

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I had first clashed with him in 2003, and he made it clear he would try to pass me off as something I am not and I am willing to go on a limb here that he's never slept with a woman in his life.

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I know enough about him to can't stand the publisher and I do use the term publisher rather loosely in referring to him. Especially since he pulled out that site that lies about me rather often to drag my name through the dirt. I worked with some of his artists and know they are damn good at what they do.

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The following is racist. What does Tim's nationality, race or religion have to do with any of this? Nothing, because it is Nicky being racist and anti-semetic.

I already know right now the four-eyed douche doesn't have the heart in this country to say exactly what he says online about me to my face so I am putting this out there right now. He's giving the Jewish folk a bad name when he does this kind of shit.

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He's done this for way too damn long and got away with it for such a long time. Especially when I was slated to appear in an anthology with him. I am wondering if he bribed the editor not to run my story after the payment was offered for it.

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Then when Timothy Lieder found out I was going to be one of his anthology mates, he went ballistic.

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Being he was trying to ruin everything I worked to get out there for such a long time, and he constantly harassed me via Youtube.com with videos of shit I wouldn't touch with a ten foot pole.

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This came the rumors of kidnapping of rival authors kids and all of that, when I wouldn't do such a thing.

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Between Timothy Lieder and Brian Keene (yes I know that Brian Keene posts as Stefan on Amazon.com.It's not out of his character to mess with publications, and especially when I announced that Tabloid Purposes when I did the guidelines was going to rival The Best of Horrorfind II. Especially since one of the authors on his line up took an open jab on the anthology when I first did the guidelines. He is the reason I can't exactly respond on comments when I blog on there. Since Amazon is my publisher in some aspects.)

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This didn't go too well with Lieder and a few from his circle so they put my company on blast.

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When I wrote An Eye In Shadows, it was exposing the Timothy Lieder types in this business. Being his mentality never really wandered from high school in that sense

(The following falls under "obscene, pornographic, profane, or otherwise infringing or objectionable content or material of any kind")

A few of them, went a little too far by pulling their pants down and taking a collective shit on an anthology I didn't edit.

and

As much I try to forget the nay-sayers who go around pulling their pants down to leave a ripe one on a dead authors' grave

back to the libeling

Also privacy is something they really could care less about too when a few of them actually impersonated me in some shape or form, the MO of both Lieder and Brian Keene showing themselves true.

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Brian Keene started that rumor about me stealing Stephen King's works when I wouldn't do such a thing, those rumors are going to be his downfall.

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Timothy Lieder is another that seems to carry himself as a controlling personality who wants to see the small press as a monopoly meaning no authors emerging from AuthorsDen.com or Lulu.com finding their way into the industry. I would rather self-publish a book and be real than someone who runs a small press and be a total asshole who has far left leanings

Here is a violation with some racism against Jews to top it off.

Despite the odds, it will happen despite Mister Un-Kosher bastard would try to do. I have a lot of respect for the Hebrew people, just there is always that one in the crowd who makes the rest of the bunch look bad.

edit: Missed this one in his comments

Abe -- I already know this one is going to cause a stir. I already been accused of being a racist when I am not one. I accidentally deleted one of the most insightful comments I received on here and this is responding to that one too. The guy who commented there is head on with it but the one who called me the racist is gunning for my head for this one because I actually was very critical and Tim Lieder and some similar are giving their national origin a bad name because I met some Jewish people who are very sincere.

Posted on 11/10/2008 at 5:11:54 AM

Again, what does him being Jewish have to do with anything?! Nothing! RACIST!

Let's go back to the comments one more time on that page to find homophobia

Lieder -- I guess you're going to try to smear me on here too but I guess that will not work, don't you have anything better to do than to libel someone's anthology. I guess that comes with your faggoty nature.

Posted on 11/11/2008 at 4:11:42 PM

And last, more profane obscene-ness

I had to give my history of the small press as I came into it. Some of them acted if they just pulled a rabbit out of their ass.

He certainly loves to imagine his foes defecating on him, doesn't he? That, and their asses. Their asses are often on his mind.