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10/17/2004 01:51:06 PM · #1 |
Like most folks I breezed past the user agreement when I signed on as an 'official' member several weeks ago, but I read through it today for kicks and came across this curious bit o' legal lingo...it is a bit hazy to me and I was wondering if any of the actual admins here can help translate because it admittedly sounds a tad iffy... Thanks! :)
6.2 You hereby grant DPChallenge.com a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any rights you have in the Member Information and Media, and otherwise to make use of the Member Information and Media (including publishing, disseminating, broadcasting, manipulating, reproducing, editing, translating, performing, modifying, or displaying any part of the Member Information) and/or Media alone or as part of other work in any form, media, or technology whether now new known or hereafter developed, to enable DPChallenge.com to continue the specific operation or marketing of the site. |
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10/17/2004 01:56:08 PM · #2 |
| looks like they have the right to sell your personal information as well as any of the images you have saved on the site. And this should be done to keep the site running. |
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10/17/2004 02:02:31 PM · #3 |
To add to that they can do it:
1. not restricted
2. worldwide
3. Lasting for eternity
4. not capable of being revoked |
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10/17/2004 02:03:34 PM · #4 |
| I agree...keeps the site going. Maybe some day I'll actually become a real member hehe. |
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10/17/2004 02:06:32 PM · #5 |
Originally posted by deapee:
I agree...keeps the site going. Maybe some day I'll actually become a real member hehe. |
do it. best 25 dollar camera acessory ever.
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10/17/2004 02:11:23 PM · #6 |
Originally posted by Jelloeye:
Like most folks I breezed past the user agreement when I signed on as an 'official' member several weeks ago, but I read through it today for kicks and came across this curious bit o' legal lingo...it is a bit hazy to me and I was wondering if any of the actual admins here can help translate because it admittedly sounds a tad iffy... Thanks! :) |
This might help ...
//www.dpchallenge.com/forum.php?action=read&FORUM_THREAD_ID=9132
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10/17/2004 10:00:32 PM · #7 |
The thread Bod posted seems to end on a cliff hanger? What ever came of the possible further clarification refered to in Drew's last post?
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10/17/2004 10:04:53 PM · #8 |
Originally posted by kyebosh:
looks like they have the right to sell your personal information as well as any of the images you have saved on the site. And this should be done to keep the site running. |
Should it? I thought the membership fee was what kept the site running. I should read these agreements more carefully in the future as I don't want my personal information sold; Not even for a "good cause" like DPC. |
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10/17/2004 10:18:07 PM · #9 |
Originally posted by digistoune:
Originally posted by kyebosh:
looks like they have the right to sell your personal information as well as any of the images you have saved on the site. And this should be done to keep the site running. |
Should it? I thought the membership fee was what kept the site running. I should read these agreements more carefully in the future as I don't want my personal information sold; Not even for a "good cause" like DPC. |
They dont profit of your personal information nor your photos. I think thats just legal mumbo jumbo small print they have to include.
Show me one time they used your name (or anyones)or your photo (or anyones)for their profit..
Never. So rest easy.
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10/17/2004 10:53:36 PM · #10 |
Originally posted by digistoune:
Originally posted by kyebosh:
looks like they have the right to sell your personal information as well as any of the images you have saved on the site. And this should be done to keep the site running. |
Should it? I thought the membership fee was what kept the site running. I should read these agreements more carefully in the future as I don't want my personal information sold; Not even for a "good cause" like DPC. |
That is not the case... the Terms of Service does not restrict what information can be used or sold, but the site's Privacy Policy does.
-Terry
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10/17/2004 10:59:36 PM · #11 |
I was kinda worried too? I didnt read the license either, so I hope that a million other people and sites don't have my images, and personal info?
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10/17/2004 11:02:28 PM · #12 |
| Where in the privacy statement does it say you won't sell our media? I can't seem to find that bit. |
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10/17/2004 11:07:26 PM · #13 |
Originally posted by kyebosh:
Where in the privacy statement does it say you won't sell our media? I can't seem to find that bit. |
Here...
We will not share, rent or sell your personally-identifiable information with any entity, subject to the provisions below. We may share your information with our vendors in connection with system maintenance and other services that these individuals or entities perform for us. In some cases, we may run a joint marketing effort with third parties. You can tell when another company is involved and if you provide personal information in connection with the joint marketing efforts, the info you provide will be shared with that company. Also, in the event that DPChallenge.com is acquired or merged with another company, customer information will be one of the transferred assets. We also release personal information when we believe it is necessary to comply with the law; to enforce or to apply our Terms of Use and other agreements (including our Member Agreement); or to protect the rights, property, or safety of DPChallenge.com, our users or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
The "subject to provisions" statement applies to aggregate statistics compiled from cookie information,, that is, no individual personal information. Compliance with the law is another important provision.
Message edited by author 2004-10-17 23:07:43. |
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10/17/2004 11:10:14 PM · #14 |
"We will not share, rent or sell your personally-identifiable information with any entity"
so personally-identifiable information includes all media... ok I guess I didn't understand it to include those things. |
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10/17/2004 11:13:29 PM · #15 |
It should be noted that kirbic and I are both speaking as individual site users here, not as representatives of DPChallenge. We are expressing our own personal interpretations of these agreements.
-Terry
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10/17/2004 11:40:28 PM · #16 |
Look: wherever there is money and risk there are lawyers because there are lawyers everywhere trying to rip companies open.
I have read these agreements and the wordage is more of a protection policy against certain uncertainties.
The site does distribute your information but in a limited sense. Suppose you say that you do not want your images shown in a certain country. You can not sue them if they so make them available like they do in many countries.
No, they do not sell your images with disregard to your copyright or against your will or behind your back. There is a legal river that must be crossed by them and members to go against what is legal.
This has nothing to do with a model release. They simply want the freedom to make this site available wherever they see fit and to do so requires your cooperation in the agreement. Making images available and selling images are two separate matters. Remember the copyright, which protects each of your images. The fact that your info is part of the site makes available for distribution like when you click on a port.
Again, lawyers have extinguished many giant companies and DPC is growing, if ever so modest, but such protection is merely to insure their survival. I have a very high regard for these two founders and it is better that you think things out before lashing out. I do believe they have your interest at heart. |
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10/17/2004 11:56:03 PM · #17 |
Originally posted by graphicfunk:
Again, lawyers have extinguished many giant companies and DPC is growing, if ever so modest, but such protection is merely to insure their survival. I have a very high regard for these two founders and it is better that you think things out before lashing out. I do believe they have your interest at heart. |
Agreed, I had about 2 paragraphs of something similar written, and thankfully, checked to see if someone had said it better. |
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10/18/2004 09:06:34 AM · #18 |
Originally posted by graphicfunk:
Again, lawyers have extinguished many giant companies and DPC is growing, if ever so modest, but such protection is merely to insure their survival. I have a very high regard for these two founders and it is better that you think things out before lashing out. I do believe they have your interest at heart. |
I agree absolutely, but I think Jak and GeneralE raise some good point in the other thread about the rights actually being granted to the site. I know for a fact that Langdon and Drew are only interested in our media as pertains to keeping the site running; however the verbage of the ToA means that the rights we're granting to D&L would be transferred to new owners if the company were ever sold. And in that light, they're pretty wide open.
I'm still curious to see if the questions raised in the old thread were ever resolved. |
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