The Official Name Part of The Terms of Service Thread - Havanese Forum : Havanese Forums
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post #1 of 63 (permalink) Old 08-13-2010, 09:49 AM Thread Starter
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The Official Name Part of The Terms of Service Thread

Hi everyone,

Hope you're all doing well. Happy friday btw. I've been going back and forth with management on rewriting the Terms of Service and we decided to let the community provide input to the section in the TOS pertaining to your content in terms of how you want it worded.

We will review it and if needed, throw back amendments for you guys to review or use it as is.

The only part where this is applying to is with regards to content you guys post here.

Please let me give you some insight into how this applies typically on internet social media sites.

As I have said all along, we DO NOT want to own your content. We do want the users who post pictures and videos and articles here to give us a "license" to use it on this site. If you don't want us to use your content on our other sites (pet sites for the large part), state that. If you're ok with it, state that too.

Please remember that this entire discussion started with the question of "who owns what?" Therefore, try to stick to answering that question in your proposal.

I will say this to close: We reserve the right to remove/leave whatever content you post onto this site. This is not up for discussion. You have to remember that the internet is a form of communication that is no different than speech, writing on paper or other forms of communication. You cannot just post anything you want and expect to have it deleted at YOUR convenience. It doesn't work that way.

In the same manner that when you speak something in person to someone, if you make a mistake about it, you cannot just say, "oops, I take that back" and pretend as if it didn't happen. This is why you always need to consider what you write on the internet BEFORE you post it, whether it's here or on FB or on any publicly viewable site. This goes for pictures, videos or anything of that matter.

We will see how this thread plays out and then more than likely, you guys will give feedback to which wording you like best and that will be the one I present to our team.
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post #2 of 63 (permalink) Old 08-13-2010, 10:49 AM
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Yung, I may suggest you change the tone of your message here if you want to win any people over around here. I have not commented yet since I was sitting back and taking the wait and see approach, but this post of yours rubbed me the wrong way. When all of us posted our stories, pictures, videos, etc. we posted them on a site we believed in and that promised us that there would be no puppy sales. You have changed the rules around here and we should be able to decide if we wish to support that or not. Just my two cents.


**Karen, Mom to Brady, Dugan, and Devon
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post #3 of 63 (permalink) Old 08-13-2010, 10:49 AM
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How about:

By posting/sending a message in any public electronic forum on the Web Site, you agree to have that message along with your name and/or user name posted for public viewing here. VerticalScope Inc. may ask at any time to use what you have posted here in other promotional and advertising materials and on other VerticalScope Inc. web sites, without compensation, if you decline the posting will be removed by VerticalScope Inc. and will not be used. HavaneseForum.com does not undertake to necessarily post every submission. All messages that are posted here represent the opinions of the individuals or organizations posting those messages, and do not express the ideas or opinions of HavaneseForum.com or VerticalScope Inc. You may copy the posted messages for personal use, but redistribution in any way requires the written permission of HavaneseForum.com and the user. In consideration of this authorization, you agree that any copy you make of any message(s) located on this web site shall retain all copyright and other proprietary notices contained therein.
You represent and warrant that: (i) you own the content posted by you on or through the Web Site or otherwise have the right to grant the license set forth below, and (ii) the Posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You own all of the content and information you post on HavaneseForum.com. You agree to grant to HavaneseForum.com a non exclusive, royalty free, worldwide, perpetual license to reproduce, distribute, transmit, sublicense, create derivative works of, publicly display, publish and perform any materials and other information you submit to any public areas, chat rooms, bulletin boards, newsgroups or forums of HavaneseForum.com or which you provide by email or any other means to HavaneseForum.com and in any media now known or hereafter developed. Further, you grant HavaneseForum.com the right to use your name and or user name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto, together with use on any other VerticalScope Inc. web sites. Before use of any materials or information VerticalScope Inc. will notify the user and if the user declines the information or material will be removed from the website. You agree that you shall have no recourse against VerticalScope Inc. for any alleged or actual infringement or misappropriation of any proprietary right in your communications to HavaneseForum.com.
In order to maintain an informative and valuable service that meets the needs of the users of the Web Site and avoids the harm that can result from disseminating statements that are false, malicious, in violation of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse.
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post #4 of 63 (permalink) Old 08-13-2010, 10:52 AM Thread Starter
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Quote:
Originally Posted by Brady's mom View Post
Yung, I may suggest you change the tone of your message here if you want to win any people over around here. I have not commented yet since I was sitting back and taking the wait and see approach, but this post of yours rubbed me the wrong way. When all of us posted our stories, pictures, videos, etc. we posted them on a site we believed in and that promised us that there would be no puppy sales. You have changed the rules around here and we should be able to decide if we wish to support that or not. Just my two cents.
Karen, I will answer your question via PM only because I would like to keep this thread on topic.
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post #5 of 63 (permalink) Old 08-13-2010, 10:58 AM
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Originally Posted by Yungster View Post
Hi everyone,

As I have said all along, we DO NOT want to own your content. We do want the users who post pictures and videos and articles here to give us a "license" to use it on this site. If you don't want us to use your content on our other sites (pet sites for the large part), state that. If you're ok with it, state that too.

I will say this to close: We reserve the right to remove/leave whatever content you post onto this site. This is not up for discussion. You have to remember that the internet is a form of communication that is no different than speech, writing on paper or other forms of communication. You cannot just post anything you want and expect to have it deleted at YOUR convenience. It doesn't work that way.

In the same manner that when you speak something in person to someone, if you make a mistake about it, you cannot just say, "oops, I take that back" and pretend as if it didn't happen. This is why you always need to consider what you write on the internet BEFORE you post it, whether it's here or on FB or on any publicly viewable site. This goes for pictures, videos or anything of that matter.

We will see how this thread plays out and then more than likely, you guys will give feedback to which wording you like best and that will be the one I present to our team.
I can see right off the bat that my postings on this forum will end. What I SHARE is still mine. This is not open to discussion. If I do not have the rights to remove the pictures later on, then I will not share.You can't compare that to Facebook or other viewable sites. I can remove my (MY) content when ever I choose.

I do NOT give permission to use any of my past postings or pictures of me or my dogs that anyone else has posted, for anything other than this forum.

If anyone has posted pictures of me or my dogs, I request that you remove them from this forum before big brother prevents that.

Thank you,

Janet Hicks
Janizona Havanese
www.janizonahavanese.com


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post #6 of 63 (permalink) Old 08-13-2010, 11:07 AM Thread Starter
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Janet, you're taking the comment entirely out of context.

Suppose a user comes on the site and starts posting pictures of questionable content or worse, it does not belong to them. The comment: "We reserve the right to remove/leave whatever content you post onto this site." The comment here is to give us the discretion to remove said content.

Suppose someone comes on the site and starts making accusations that are baseless against you. You decide that you have been defamed and want to sue them. The user who posted these accusations decides that the damage is done and wants to delete their comment to cover their tracks. With the statement above, it does NOT allow them to. It means they have to take responsibility for what they post.
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post #7 of 63 (permalink) Old 08-13-2010, 11:07 AM
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Quote:
Originally Posted by Yungster View Post
I will say this to close: We reserve the right to remove/leave whatever content you post onto this site. This is not up for discussion. You have to remember that the internet is a form of communication that is no different than speech, writing on paper or other forms of communication. You cannot just post anything you want and expect to have it deleted at YOUR convenience. It doesn't work that way.

In the same manner that when you speak something in person to someone, if you make a mistake about it, you cannot just say, "oops, I take that back" and pretend as if it didn't happen. This is why you always need to consider what you write on the internet BEFORE you post it, whether it's here or on FB or on any publicly viewable site. This goes for pictures, videos or anything of that matter.
I don't know what facebook you have, maybe you're not Yung enough for that-but on that and all other social networking and internet sites I can erase anything I want to that was done under my profile. It may be able to be accessed via a cache, but as far as being on the current version of the site I can delete albums, wall posts, status updates, because I am the person that posted them in the first place.

Should we also take this to mean that moving forward we don't have the right to erase things that were done BEFORE you took over?

Meghan

Last edited by LilyMyLove; 08-13-2010 at 11:14 AM. Reason: Spelling
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post #8 of 63 (permalink) Old 08-13-2010, 11:10 AM Thread Starter
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If you want to get into a debate with me about having the ability to edit your content, start another thread or send me a PM. This is not the thread for it.
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post #9 of 63 (permalink) Old 08-13-2010, 11:11 AM
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Originally Posted by Yungster View Post
Janet, you're taking the comment entirely out of context.

Suppose a user comes on the site and starts posting pictures of questionable content or worse, it does not belong to them. The comment: "We reserve the right to remove/leave whatever content you post onto this site." The comment here is to give us the discretion to remove said content.

Suppose someone comes on the site and starts making accusations that are baseless against you. You decide that you have been defamed and want to sue them. The user who posted these accusations decides that the damage is done and wants to delete their comment to cover their tracks. With the statement above, it does NOT allow them to. It means they have to take responsibility for what they post.
Is it for our protection? Your tone in the OP doesnt make it sound that way:
"You cannot just post anything you want and expect to have it deleted at YOUR convenience."

If we wanted to sue someone for libel, Im sure you have backed out versions in a cache or on a hard drive of what the original posting was, it doesn't need to stay up on the internet in perpetuity. Or the person could take a screen grab, I mean really.

Meghan
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post #10 of 63 (permalink) Old 08-13-2010, 11:11 AM
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Originally Posted by Gizmo'sMom View Post
How about:

By posting/sending a message in any public electronic forum on the Web Site, you agree to have that message along with your name and/or user name posted for public viewing here. VerticalScope Inc. may ask at any time to use what you have posted here in other promotional and advertising materials and on other VerticalScope Inc. web sites, without compensation, if you decline the posting will be removed by VerticalScope Inc. and will not be used. HavaneseForum.com does not undertake to necessarily post every submission. All messages that are posted here represent the opinions of the individuals or organizations posting those messages, and do not express the ideas or opinions of HavaneseForum.com or VerticalScope Inc. You may copy the posted messages for personal use, but redistribution in any way requires the written permission of HavaneseForum.com and the user. In consideration of this authorization, you agree that any copy you make of any message(s) located on this web site shall retain all copyright and other proprietary notices contained therein.
You represent and warrant that: (i) you own the content posted by you on or through the Web Site or otherwise have the right to grant the license set forth below, and (ii) the Posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You own all of the content and information you post on HavaneseForum.com. You agree to grant to HavaneseForum.com a non exclusive, royalty free, worldwide, perpetual license to reproduce, distribute, transmit, sublicense, create derivative works of, publicly display, publish and perform any materials and other information you submit to any public areas, chat rooms, bulletin boards, newsgroups or forums of HavaneseForum.com or which you provide by email or any other means to HavaneseForum.com and in any media now known or hereafter developed. Further, you grant HavaneseForum.com the right to use your name and or user name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto, together with use on any other VerticalScope Inc. web sites. Before use of any materials or information VerticalScope Inc. will notify the user and if the user declines the information or material will be removed from the website. You agree that you shall have no recourse against VerticalScope Inc. for any alleged or actual infringement or misappropriation of any proprietary right in your communications to HavaneseForum.com.
In order to maintain an informative and valuable service that meets the needs of the users of the Web Site and avoids the harm that can result from disseminating statements that are false, malicious, in violation of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse.
Hi Chrissy, thanks for giving us a place to start.

I (and many of us, probably) wouldn't agree to the part in blue. However, I'm not sure why VS should need to remove any such information from THIS forum, if the poster doesn't agree to its use elsewhere. That doesn't make any sense to me.

I couldn't agree to the part in red. If VS sticks to the TOS, there should be no reason to absolve them of guilt. If they DON'T, there is no reason why we should give up the right to recourse.

I will tell you what's important to me:

I have no problem with VS having permanent non/exclusive rights to materials for use HERE ON THIS FORUM. I do not agree to ANY other use without express, prior, written permission. Terms of such use, especially selling to another entity, would be on a negotiated basis.

Let's face it, if a dog food company wants a photo, they'd probably rather pay a fee for a high rez version anyway. Likewise, even if it's for promoting this site, the maker should have the right to agree or not, as they choose. There are So-o-o many cute dog photos on this site, that if one person declines, I'm sure they can find someone else to say, "yes", and be THRILLED to have their dog's face on advertising of one sort or another.


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plus Starborn's Picture Perfect & Nauti Herd Compact Flash RN, CGC, NTD, SN-C, RL1)






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