Terms Of Service

by ECS Dave 7 replies
Question Warriors...

What do you think of these T.O.S. (Terms of Service)?
Consent to Use Information

When you communicate with us, send us information, or provide content to us
or our website, you grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable right to exercise all copyright and publicity rights you
have in the content, in any manner whatsoever, in any media now known or which
may be created in the future, including in other works and forms not associated with
this website.
Would you provide "content" to this site?

On a related note, does the Warrior Forum have a T.O.S. somewhere?

Be Well!
ECS Dave
#main internet marketing discussion forum #service #terms
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  • Profile picture of the author Jared Alberghini
    To be honest...

    It makes me think... I'm not even going to send these people an email if they are going to take my words, copyright them for themselves, and possibly sell my words in the future...

    It makest me think... I'm glad I have my own websites/blogs that I post to that I OWN all rights to my own works.

    That's why I host (and still own) all my own stuff... because I know that most 'free hosted online services like blogger, YT' have similar TOS as this... and I would much rather be the master of my own content... rather than put it into the hands of others and grant them the right to do whatever they wish with it.

    Intellectual Property rights are more valuable to me than publicity.

    - Jared
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    Join The Future: Telekinetic Marketing

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    • Profile picture of the author onlinetreason
      Originally Posted by Jared Alberghini View Post

      To be honest...

      It makes me think... I'm not even going to send these people an email if they are going to take my words, copyright them for themselves, and possibly sell my words in the future...

      It makest me think... I'm glad I have my own websites/blogs that I post to that I OWN all rights to my own works.

      That's why I host (and still own) all my own stuff... because I know that most 'free hosted online services like blogger, YT' have similar TOS as this... and I would much rather be the master of my own content... rather than put it into the hands of others and grant them the right to do whatever they wish with it.

      Intellectual Property rights are more valuable to me than publicity.

      - Jared
      Completely agree
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    • Profile picture of the author Killer Joe
      Quote:
      Consent to Use Information

      When you communicate with us, send us information, or provide content to us
      or our website, you grant us a non-exclusive, worldwide, perpetual, irrevocable,
      royalty-free, sublicensable right to exercise all copyright and publicity rights you
      have in the content, in any manner whatsoever, in any media now known or which
      may be created in the future, including in other works and forms not associated with
      this website.
      --------------------

      This TOS looks unenforceable on many levels. It violates too many established copyright laws.

      This was not written by anyone with a legal background.

      I certainly wouldn't contribute to any enterprise that had this level of unsophistication and disregard for other peoples' rights.

      Was this taken out of a High School year book?

      KJ
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  • Profile picture of the author Michael Oksa
    I'm not a lawyer, but I wonder if the key here is "non-exclusive".

    Perhaps they are saying they can do whatever they want with it, but you can too. Not that giving them that much freedom with your stuff is cool, but at least you are not giving up your rights.

    But, my guess it's not as enforceable as they think it is.

    If I had a TOS that said....

    By submitting anything to this site you are granting permission for us to withdraw $300 from your PayPal account if we so choose, without the option for you to reverse the charges. You also grant us permission to hack into your email account so we can send spam from it.
    My guess is that wouldn't be enforceable either.

    All the best,
    Michael

    p.s. To answer your question directly: No, I would not send the site any content.
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    "Ich bin en fuego!"
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    • Profile picture of the author paulmcp
      Anybody can write any terms of service they wish. Whether or not it is enforceable is up to the jurisdiction that accepts the case.

      That said, very little is ever enforced, the Facebook case recently in LA is an exception. The prosecutor was looking for a way to get a case and used the terms of service as a legal weapon.

      However, as a couple of warriors pointed out, it doesn't look like it was written by a legal mind and may not have been, but the people behind it might think they truly could use the conditions laid out.

      The problem is that for small torts like this (use of material you submitted), there really is no inexpensive recourse. In short, even though the copyright laws exist, you won't get a case going to court unless it's something like a printing company deciding to print up and sell 100,000 copies of a John Grisham best seller. Even shutting down a web site publishing such a book as a pdf is hard.

      Paul
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  • Profile picture of the author globalpro
    Like Michael said, 'non-exclusive' is the key word.

    Also, look at the flip side. If I submit content to your site, then come back and scream copyright infringement or intellectual property theft, then how are you, the site owner, protected.

    The wording is pretty much standard. If it's enforcable is a different story. Could be if it's part of an agreement that you have to accept before signing up, if that's the case.

    Thanks,

    John
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