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  #21  
Old 02-17-2009, 11:11 PM
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Didi Didi is offline
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Default Re: INTERNET BRANDS Please clarify Terms of Service

I think that is clear
LICENCE SUR LE CONTENU STOCKÉ SUR YAHOO!
Pour ce qui concerne le Contenu que vous stockez, transmettez ou mettez en ligne sur les Services en vue de le rendre accessible à des tiers, vous accordez à Yahoo! et aux sociétés du Groupe Yahoo!, pour le monde, un droit non-exclusif et gratuit d'utilisation permettant à Yahoo! et aux sociétés du Groupe Yahoo! de reproduire, publier et diffuser ce Contenu aux fins de fourniture du Service, de sa promotion et de sa distribution, et ce, sur tout support électromagnétique et par tout moyen de communication électronique, sur les sites du Groupe Yahoo! et sur les sites de partenaires ou de tiers. Ce droit est accordé pour la durée pendant laquelle vous déciderez d'inclure le Contenu sur le Service. Vous garantissez à Yahoo! avoir préalablement obtenu les droits nécessaires à cette exploitation et que le contenu est conforme à la loi et ne porte pas atteinte aux droits de tiers
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  #22  
Old 02-18-2009, 12:18 AM
JuCo JuCo is offline
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Default Re: INTERNET BRANDS Please clarify Terms of Service

First, I am sorry that this became a big issue here over a holiday weekend (in the US) and I couldn't address your concerns faster. Let me explain, as I've explained to many individual users and to users on other trek sites...

That is a standard template we use across all of Internet Brands' sites, so it isn't anything that was crafted with the Trek sites specifically in mind. We link to this page from all our sites.

I absolutely understand where it looks unsettling to you. I have spoken to the Legal Department about it.

The first part "global nonexclusive adaptation" rights simply means that we have the right to be showing your photos/posts on the site. It's the essential agreement between you and IB that IB has the right to display what you submit. So without that piece, the Trek sites can't really exist!

The second part "resale rights" is, again, just a standard part of the legal terms. But I recognize that this is probably the part that would make Trek members uncomfortable. I've spoken to Legal and they have agreed to remove "resale rights" from the Terms.

We are currently working on getting that updated page up and I will post an announcement as soon as they are updated.
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  #23  
Old 02-18-2009, 12:28 AM
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Didi Didi is offline
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Default Re: INTERNET BRANDS Please clarify Terms of Service

Ok that's OK for me Thank's Justine
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  #24  
Old 02-18-2009, 12:41 AM
KevRyan KevRyan is offline
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Default Re: INTERNET BRANDS Please clarify Terms of Service

Thanks for that Justine - I figured from my own work that we might not have too much to worry about from the terminology but obviously the re-sale rights could be something of concern - but I guess from what you say this might refer to the onward selling of the site as opposed to our individual works elsewhere - it's good to hear your reply and have a human interface with IB about these issues - it's good that people bring up these things and feel passionate about them and question IB as there is increasing pressure on and exploitation of photographers these days both on and off the Net. Understandably, many people are ultra-concerned about where this is all going whilst others may not yet be at a stage with their work where these problems mean so much.

best wishes Kev
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  #25  
Old 02-18-2009, 02:17 AM
SteveH SteveH is offline
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Default Re: INTERNET BRANDS Please clarify Terms of Service

Justine, in a previous thread on this subject your response posted on TL was included by Merline. Following that I raised a two issues:

- adaption means "to make suitable to requirements or conditions; adjust or modify fittingly" (dictionary.com). It does not mean display. The right to display is already granted by the previous sentence ("By displaying or posting content on the Site, you hereby grant us a nonexclusive global license to publish the content submitted by you to the Site"). Therefore your point regarding this language is not convincing. I suggest that this sentence be removed in its entirety.

- another point of concern is the time being taken to affect this change. I cannot understand how, once your legal dept has decided, the change could not be immediate.

But, thanks anyway for posting this response.
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  #26  
Old 02-18-2009, 05:00 AM
PixelTerror PixelTerror is offline
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Default Re: INTERNET BRANDS Please clarify Terms of Service

Thanks for these precisions Justine.

It would be good to adapt the TE Tos page (here on the trekearth.com web site) to show here the latest and valid version on the ToS.
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  #27  
Old 02-18-2009, 07:00 AM
ktanska ktanska is offline
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Default Re: INTERNET BRANDS Please clarify Terms of Service

The tail wags the dog... I wonder if those lawyers really care if this site runs or not.
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  #28  
Old 02-18-2009, 09:02 AM
oochappan oochappan is offline
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Default Re: INTERNET BRANDS Please clarify Terms of Service

Sorry to say Justine
but
don't you think that you make yourself a fool
by copying your reply from TL
and hoping that this promise will stick at the same on TE
while it take only a few seconds to remove:
You also grant us global nonexclusive adaptation and resale rights over any content and material submitted to the Site

it feels more like an insult,
promissing and doing nothing with plenty of excuses,
a thank you for empty promisses seems rather misplaced,
maybe time to look out for another job to ensure your income,
IB proves to be a non-reliable company as such.

No empty promisses please !!!
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  #29  
Old 02-18-2009, 11:17 AM
jrj jrj is offline
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Default Re: INTERNET BRANDS Please clarify Terms of Service

Well Henk
Interesting to see Those coming forward and thanking Justine for this "clarification"...

Should they one day meet the battery of lawers behind the IB brands site definitions in a discussion of copyrights - I guess the lawers will use some 10 seconds to twist themself out of the kind of arguments this Justine represents. Simply by saying: She didn't understand the site rules.
..And then how much will some personal explantion from Justine be worth should the site be sold to another company?

Maybe this discussion is most for those complete addicted to TE that neither can or will see or find any wrong in the takover of their own intellectual and photographic work at this site as it is de facto specified on the lower part of this side: Terms of Use".

I even suggested to one member: Read the TOS and find where they talk about the right of the member..
What did I have in return: A French cut and past of some TOS at Yahoo..

What a world...
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  #30  
Old 02-18-2009, 01:37 PM
greg greg is offline
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Default Re: INTERNET BRANDS Please clarify Terms of Service

In fact, a clarification from Justine or anyone else is already discounted by the following:

"NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS."

Up to now, I've been more than skeptical of the concerns about image theft from this site. The freedom of access to information on the internet is a good thing, and fortunately attempts to restrict this freedom, including those often proposed by TE members, are futile. However, the current TOS claims to appropriate the resale rights to the near 1 million images here without the permission of a single photographer merely by superseding the TOS in force at the time of submission of those images. This is a betrayal of the trust given to TE by its users. I would doubt that such a claim could hold, and suspect it results from the growing indifference and carelessness of the owners towards the site. By uploading further images under the new TOS, however, you will be giving permission for them to be resold by Internet Brands.
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