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Do you read TERMS AND CONDITIONS?


Jomarac5

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quote:
Originally posted by C.T.:

Does this legalese also protect me, the submitter, from having my photo submissions reposted by other cachers/users in forums, etc?


 

The language of the provisions, permit Groundspeak to right to:

 

"... use, reproduce, distribute, import, broadcast, transmit, modify and create derivative works of, license, offer to sell, and sell, rent, lease or lend copies of, publicly display and publicly perform that Submission for any purpose and without restriction or obligation to You."

(italics added)

 

In other words, what Groundspeak does with your materials, once submitted, is beyond your control.

 

I could (according to the language of the terms) try to obtain a license from Groundspeak to do whatever I felt like with your materials, including posting them to other sites. A simple statement on this site such as "All Users Are Hereby Licensed to Use All Submissions in anyway they feel like" would probably do it for all of us. Somehow, I don't think it would make good business sense for Groundspeak to grant such a blanket license - but if I paid them enough...who knows?

 

The Terms do however make it clear that you retain copyright of your materials, so you maintain the protection that copyright affords you with respect to third parties using your materials without yours (or Groundspeak's) permission.

 

Again, I reiterate, with the nature of this site, I do not believe that such terms are unreasonable. Regardless of the Terms and Conditions, I have always basically treated my submissions here as "public domain" once posted. If one day, Jeremy wants to include my photographs in a book called "One Million Images from Around the World", I won't mind - even if it becomes a best seller. If while geocaching, I take a high resolution photograph of a Sasquatch (Big Foot to you guys I believe), I will probably not post it here - without first trying to sell it to someone who will pay.

 

I have never in my life learned anything from any man who agreed with me. geol4.JPG

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One could always ::link:: to their geocaching pictures via their own private server if they wish to share pictures.

 

As for repercussions to other subscribers/cachers that repost pictures belonging to others -- altered or not -- I'm thinking the altered/reposted pictures and associated posts will meet a certain grim fate.

 

m&myellow.gif got tattoo?

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"If while geocaching, I take a high resolution photograph of a Sasquatch (Big Foot to you guys I believe), I will probably not post it here - without first trying to sell it to someone who will pay."

 

I hope someone doesn't try and sell a picture of my big *** as shown in my avatar. ROTFLMAO!

 

************************************************************

"Sometimes you gotta look like an *** to get that cache!"...huntforit

************************************************************

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"Good lord - you are not kidding "

 

LOL....gotta lighten up this thread a little.

 

************************************************************

"Sometimes you gotta look like an *** to get that cache!"...huntforit

************************************************************

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quote:
Originally posted by TeamSJ1:

Jomarac5, I think you are a moron out just to stir up trouble for attention. If you're so unhappy with geocaching.com, why are you wasting your time here in its forums?


Look, I'm not necessarily supporting Jomarac5, but, in my book, anyone who calls anyone else a moron is a........moron.

 

==============="If it feels good...do it"================

 

**(the other 9 out of 10 voices in my head say: "Don't do it.")**

 

.

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quote:
The Terms do however make it clear that you retain copyright of your materials, so you maintain the protection that copyright affords you with respect to third parties using your materials without yours (or Groundspeak's) permission.

 

This is pretty close to my example that I posted. Under the terms, a person couldn't sue Groundspeak for a third party posting their pic in the forums, but they could possibly sue the third party. Although I can think of some reasons why even then it would be problematic, but that isn't because of the terms of service. Also as someone else stated, good luck showing damages under the normal circumstances that it happens here. The best protection against that is to just not upload a pic that you wouldn't want to see re-posted by someone.

 

pokeanim3.gif

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So......the way I get it, according to all you legal beagles, the photos/comments uploaded to Groundspeak, are free, to anyone who whishes to use them, for just about anything. Unless it involves money or liability.

 

==============="If it feels good...do it"================

 

**(the other 9 out of 10 voices in my head say: "Don't do it.")**

 

.

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quote:
Originally posted by sept1c_tank:

quote:
Originally posted by TeamSJ1:

Jomarac5, I think you are a moron out just to stir up trouble for attention. If you're so unhappy with geocaching.com, why are you wasting your time here in its forums?


Look, I'm not necessarily supporting Jomarac5, but, in my book, anyone who calls anyone else a moron is a........_moron._

.


 

Well, sept1c_tank, I guess that this markwell kind of proves that both you and TeamSJ1 are right.

 

(what's funny about that post, is that he thought I was the sock puppet! icon_confused.gif)

 

I have never in my life learned anything from any man who agreed with me. geol4.JPG

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I'm thinking that if subscribers/cachers/commoners on geocaching.com (subscribers/cachers) uses a picture I upload to geocaching.com in a re-post via forum or other posting is inherently violating terms and conditions.

 

Even though threads like 'photoshop fun aug 17' is just that, I don't want to wait for distasteful renditions to appear before I speak up.

 

'Giving' all those situations that geocaching.com could make use of an originally submitted photo, I don't feel like extending those same 'permissions' to all users of the site. And according to the 'terms and conditions', I'm not.

 

That's my '$30' subscriber opinion.

 

m&myellow.gif got tattoo?

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Hmm. So... to summarize...

 

You retain ownership of the stuff you submit but Groundspeak has a license to use what you submit, which they do for things like cache pages and pocket queries.

 

If you don't like it, don't post stuff.

 

BFD. Can someone call someone a Nazi already?

 

--------

trippy1976 - Team KKF2A

Assimilating golf balls - one geocache at a time.

Flat_MiGeo_A88.gif

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quote:
I don't feel like extending those same 'permissions' to all users of the site. And according to the 'terms and conditions', I'm not

The way I interpret it, anything on the internet is up for grabs as long as it is not used for profit, and causing no harm.

 

==============="If it feels good...do it"================

 

**(the other 9 out of 10 voices in my head say: "Don't do it.")**

 

.

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LEGAL CMA NOTE: My comments on this thread are strictly related to the language used in the Term and Conditions. I am not a copyright lawyer, and I give no opinion as to how the provisions would be interpreted or enforced by any court in anyI? OOTE]

 

LOL! Well, you did it in this thread, here is mine:

 

I hereby and forthwith adopt said LEGAL CMA NOTE aka COVER MY A$$ NOTE as a bonafide disclaimer of any or all claims of, inter alia, purported or alleged legal advice, consultation, professional opinion, or otherwise, given or provided by me, aka Carleenp, aka myself, on any occasion in these said forums. Said disclaimer to be placed in effect immediately upon posting, aka placing, inputing, typing, adding, or otherwise causing an addition to the geocaching.com forums at any time or place or circumstances whether foreseen or unforeseen. By posting such disclaimer, any person, animal, mineral or otherwise, whether living or not, hereby and forthwith agrees to such said terms of such disclaimer upon seeing, reading or in anyway whatsoever accessing such disclaimer in any form, type or place.

 

I'll spare you the 10 pages of definitions! In plain English, I'm not offering legal advice here, I have told you this, and if you take anything I said and try to use it in a lawsuit against me, you are insane! icon_smile.gif

 

Geeze, and now I have to edit to correct things in the legalese.

 

pokeanim3.gif

 

[This message was edited by carleenp on August 28, 2003 at 09:57 PM.]

 

[This message was edited by carleenp on August 28, 2003 at 10:00 PM.]

 

[This message was edited by carleenp on August 28, 2003 at 10:37 PM.]

 

[This message was edited by carleenp on August 28, 2003 at 10:38 PM.]

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quote:
Originally posted by carleenp:

I hereby and forthwith adopt said LEGAL CMA NOTE aka COVER MY A$$ NOTE as a bonafide disclaimer of any or all claims of purported or alleged legal advice, consultaion, professional opinion, or otherwise, given or provided by me, aka Carleenp, aka myself, on any occasion in these said forums. Said disclaimer to be placed in effect immediately upon posting, aka placing, inputing, typing, adding, or otherwise causing an addition to the geocaching.com forums at any time or place or circumstances whether forseen or unforseen. By posting such disclaimer, any person, animal, mineral or otherwise, whether living or not, hereby and forthwith agrees to such said terms of such disclaimer upon seeing, reading or in anyway whatsoever accessing such disclaimer in any form, type or place.


 

Carleenp - I love it - would you consider licensing it to me? I might consider using it for my signature line.

 

I have never in my life learned anything from any man who agreed with me. geol4.JPG

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quote:
Even though threads like 'photoshop fun aug 17' is just that, I don't want to wait for distasteful renditions to appear before I speak up.

 

'Giving' all those situations that geocaching.com could make use of an originally submitted photo, I don't feel like extending those same 'permissions' to all users of the site. And according to the 'terms and conditions', I'm not.


 

Outside of any legal issues, I do think it would be polite if people would ask before using a pic for those threads. With that said, I know that they have on some (but I don't know about all) occasions, and so far it has been fun and caused no problems. I hope it never does, because I love looking at those threads!

 

pokeanim3.gif

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quote:
Carleenp - I love it - would you consider licensing it to me? I might consider using it for my signature line.

 

Well, considering that I technically adopted your's (I was wondering if you would catch me on that, but now that I look at it, mine can stand alone anyway), I'm willing to stipulate that we can each give a license to adopt each other's CMA language without limitation.

 

Just please don't make me write a more legal sounding contract for that. It makes my head hurt!

 

pokeanim3.gif

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quote:
Originally posted by Jomarac5:

quote:
sept1c_tank wrote:

The way I interpret it, anything on the internet is up for grabs as long as it is not used for profit, and causing no harm.


NO. NO. NO.

 

Please, tell me that you're joking.

 

*****


 

risc would have issues with that ;o)

 

so to recap... Lawyer peoples pls post if I screw it up.

 

If you take the pic you own it.

 

If you post the pic you own it but you have forever given a copy to GS

 

GS can at anytime sell or rent your pic.

 

You can at anytime sell or rent your pic.

 

* You cannot sell you pic and take back the rights to do the same from GS. once they have them, that have them for life. So if people or photo life wants to be the ONLY ones to have a copy your SOL.

 

My personal take as a vary amature photog that would love to end up with a picture published for pay. < I have managed the for free part.> 2 calanders and one club newsletter.

 

If you think it might be worth selling don't post it anyware but your own website with a copyrite note, preferably watermark your pic ie priceless420.com

 

If you post it anyware else assume that you gave up any and all controle over it

 

When I take pics of others I grant them the right to show it around freely as long as they make no profit from it. And the is where the new GS rules get a bit sticky for me. I understand that he needs the right to make a profit from my pic cause it *might* be included in part of a for pay service, ok that I can accsept. But if he were to use it in such a way that the sole perpose was for him to make $$$ from my pic I would be pissed. can I do anything about it? No. Would it make me hesitate to post my better pics? yup. Can he freely use them in advertising? yup as along as I get a photo credit <assuming he knows who u/l it.> I would be pissed if my pic showed up in an ad and I didn't but if It was made to look like someone else took the pic I would stop being a member and consider leagle actions.

 

So if you care? watermark it. That way you get the credit. If you care about more than that don't post it.

 

Pat Patterson

Garmin 12XL

82CJ7 & 79F250

Herd of Turtles 4x4 club

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Hey...I like that picture, and believe in what it says. It should be viewed as a compliment.

 

************************************************************

"Sometimes you gotta look like an *** to get that cache!"...huntforit

************************************************************

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quote:
Mr. Snazz wrote:

Eh, stop whining, jerks.


Oooohhh.... although the discussion has gone off topic for the past few posts (somebody please throw a bucket of cold water on the lawyers), that's hardly called for.

 

BTW: It's well over a day and I've still not heard any response since I e-mailed the questions as per Hydee's suggestion.

 

*****

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quote:
Originally posted by Jomarac5:

BTW: It's well over a day and I've still not heard any response since I e-mailed the questions as per Hydee's suggestion.

 

*****


 

Have you tried starting another infammatory thread on the subject over in a different forum? I hear that usually works.

 

--------------------

You have the right to defend yourself, even when geocaching!

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I just have a few questions about all of this:

 

What about pictures loaded before these two checkboxes were implemented? I don't recall seeing the terms of service (and I assume that this new format was put in place to make people notice them).

 

When did the terms of service take affect?

 

Have they changed over time?

 

Are any pictures/data loaded before the TOS grandfathered 'out' of those TOS?

 

It would be nice if Groundspeak's lawyer would post a brief message explaining this on the main website. I am not a lawyer, I do not have the money to employ one - but (even though some decisions here have been mind-bogglingly strange to me lately) I use this website - it is THE geocaching listing service. I don't want to 'stop' placing data (posts, descriptions, pictures, logs) here. It is not, as some people have said, explained clearly in the TOS.

 

southdeltan

 

"Man can counterfeit everything except silence". - William Faulkner

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quote:
Originally posted by Jomarac5:

BTW: It's well over a day and I've still not heard any response since I e-mailed the questions as per Hydee's suggestion.


 

Wow. I've been waiting 2 weeks for a response to a question I asked. Only 1 day, and you're complaining. This sounds like it may be something he has to run this past lawyers. That itself takes more than a day. No matter how valid your question, I think patience is in order.

 

Till a voice, as bad as Conscience, rang interminable changes

On one everlasting Whisper day and night repeated -- so:

"Something hidden. Go and find it. Go and look behind the Ranges --

"Something lost behind the Ranges. Lost and waiting for you. Go!"

 

Rudyard Kipling , The Explorer 1898

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Not to put a damper on things, because this is a very good discussion...BUT...

 

In this litigious society we live in has it occurred to anyone that read/don't read means absolutely nothing. it does not matter one iota what is in any disclaimer.

 

You can still sue, not sue. The letter of the disclaimer is as pertinent as, well, nothing.

 

soooo, if you're looking to make a buck from geocaching.com on a completely frivolous claim you probably can...just be inventive, and a cad.

 

Better yet, sue a user, (no name, nothing to you).

 

I think we need MORE laws to protect ourselves. Just my thoughts but how about 1 gajillion to cover every single contingency?

 

think of how many jobs that would create.....and that is just the SHORT term value.....because getting BY those laws and maintaining the status quo would like quajallionate! - JamesJM

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quote:
In this litigious society we live in has it occurred to anyone that read/don't read means absolutely nothing. it does not matter one iota what is in any disclaimer.

You can still sue, not sue. The letter of the disclaimer is as pertinent as, well, nothing.

soooo, if you're looking to make a buck from geocaching.com on a completely frivolous claim you probably can...just be inventive, and a cad.

Better yet, sue a user, (no name, nothing to you).

I think we need MORE laws to protect ourselves. Just my thoughts but how about 1 gajillion to cover every single contingency?


 

You are right that anyone can file a suit for anything, and the difference is whether it will be frivolous, and hence, thrown out or not. With whether disclaimers are binding, here comes that standard lawyer phrase... "It depends." Some/most very well might be binding, some might not be. Don't make any assumptions there!

 

Again, I personally have no problem with geocaching's TOS. It just plain doesn't personally bother me!

 

pokeanim3.gif

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I received a reply from Groundspeak telling me that they cannot answer the three questions because "we are not permitted to interpret the Terms of Use Agreement or specific sections of the Agreement for you". What a croc. Are we expected to actually believe this?

 

Are we to believe that Groundspeak doesn't understand their own Terms of Use? That their lawyer, who from my understanding is a partner in the company, can't answer a simple few questions regarding an agreement that he apparently wrote himself? At the very least, if they can't interpret their own Terms of Use then how will they know if anyone has broken it? This is rubbish, they expect us to think that they don't know what it means? What I got back as a reply was nothing more than a bad attempt to avoid a few simple questions.

 

I asked 3 simple questions:

 

1. Why is the wording in paragraph 2 of section 5 necessary?

 

2. Is there some other use planned for the intellectual property of those

who use this site?

 

3. If there is no other use planned, why the need for us to give you the

rights to these photos?

 

For the sake of avoiding an argument, let's drop the questions that might remotely have relevance to the Terms of Use Agreement -- and let's concentrate on question #2 -- this question doesn't ask for an interpretation of any degree.

 

Is there some other use planned for the intellectual property of those who use this site?

 

And while we're at it, let's ask a couple more questions that we presented by southdeltan in his post:

 

When did the terms of service (Terms of Use) take effect?

 

Are any pictures/data loaded before the TOS (TOU) grandfathered 'out' of those TOS(TOU)? -- In other words, is the intellectual property that we uploaded prior to the new TOU exempt from the current TOU?

 

These seem like straight-forward questions to me that can be answered with a straight-forward answer -- the first and third questions require only yes or no replies. The second question is simply asking for a date to be specified.

 

I've asked some pertinent questions regarding the ownership of my property and the property of others, as well, others have asked pertinent questions. I think we're entitled to know the answers as these answers effect all of us who upload information to the site.

 

So Groundspeak, let's have straight-forward answers to the three questions above (in bold type) instead of a noncommittal or ambiguous reply.

 

For those of you who only have an interest in slamming me for asking these questions -- please keep your childish opinions to yourself if you have nothing of value to add to this discussion (slamming anyone is of no value, if you really need to be told).

 

*****

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quote:
we are not permitted to interpret the Terms of Use Agreement or specific sections of the Agreement for you".

 

My interpretation of this: An attorney will not work for you unless you hire him.

 

Maybe if you hire Bryan, he'll interpret for you.

 

Does seem like they could've presented a better answer than that.

 

==============="If it feels good...do it"================

 

**(the other 9 out of 10 voices in my head say: "Don't do it.")**

 

.

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Typically an attorney represents one side. In this case, it's geocaching.com. That may go a long way to explaining why the questions won't be answered: It is not in geocaching.com's best interests to do so. That doesn't mean there are sinister motives, only that the lawyer's advie is not to answer questions that could become problematic if those answers are changed later on.

 

The safest bet, if you're worried about losing your rights to something, is not to post it. Seems like a pretty easy thing to do.

 

--------------------

You have the right to defend yourself, even when geocaching!

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quote:
mckee wrote:

Typically an attorney represents one side. In this case, it's geocaching.com. That may go a long way to explaining why the questions won't be answered: It is not in geocaching.com's best interests to do so. That doesn't mean there are sinister motives, only that the lawyer's advice is not to answer questions that could become problematic if those answers are changed later on.


Oh, come on, if I ask a question about pretty much anything to do with policies of a business, I can expect a reasonably direct answer.

 

And now, I've asked questions that don't require an interpretation of the TOU -- do you really think it unreasonable to have these answered?

 

The safest bet, for everyone, including you and me, is to know what happens to your property if you upload images, etc, to share with others who participate in the activity. So far, this is not clear.

 

Note that the poll now has 65% of all those that have responded, indicate that they very rarely or never read terms and conditions. Seems to me that lawyers count on people's ignorance to get this stuff past them unknowingly. As I've said before, wake up people -- you're being taken advantage of.

 

So how about some answers to the reasonable questions that have been posed?

 

*****

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Jomarac5,

 

Can you give me a "Worst Case Scenario" illustrating to me an example of how you could be damaged by the above-referenced sections of the TOS which concern you?

 

Or is your argument more rhetorical?

 

Thanks,

 

Pan

 

Swallow a live toad first thing in the morning, and chances are that nothing worse will happen to you for the rest of the day. - Unknown

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quote:
Pantalaimon wrote:

Can you give me a "Worst Case Scenario" illustrating to me an example of how you could be damaged by the above-referenced sections of the TOS which concern you?


I don't need to give a worst case scenario -- the whole point is that the ownership of our (yours as well) intellectual property is being 'taken' from us, and may be unwillingly be used for some other purpose (and there are lots of purposes unrelated to caching). What purpose that is, is immaterial -- Groundspeak does not have my permission to use my information other than for operating or promoting the site. Nor should they be asking or deceptively be trying to obtain it.

 

Why is it that you have a difficult time understanding that your property is your own? The intellectual property that they are being less than up-front about telling you their intentions, is being taken from you with the slippery wording of the agreement. If there is no other planned purpose for taking the rights to our property, then why the need to have unlimited use to our property? Why don't they clearly state that the information will not be used for anything other than the operation and promotion of the site?

 

Now do you see it?

 

*****

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quote:
Originally posted by Jomarac5:

I don't need to give a worst case scenario


And Groundspeak doesn't have to give you answers to your questions. It is a business, and if you don't like it then you can vote with your wallet and not give them any money. That's how business works. A lot of other people (myself included) love the site the way it is and don't feel the need to cry about every little thing.

quote:
Groundspeak does not have my permission to use my information...

Then don't give it to them.

quote:
Why is it that you have a difficult time understanding that your property is your own?

Then don't give it to them.

quote:
Now do you see it?

Everyone here see's it. If you don't want to give the site anything, then don't upload anything. It's pretty simple.

 

----------------------------------------------------------------

"A noble spirit embiggins the smallest man." - Jebediah Springfield

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This would explain Jeremy saying the site will always be free. Where's the big bucks coming from to keep this site up? I bet the bandwidth this site is sucking it must cost quite a bit, and the subs I doubt cover it. So perhaps our info is being used to support the site. Maybe, maybe not. Why not just say if it is or isn't.

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quote:
Originally posted by Jomarac5:

Obviously, some people _still_ don't get it or your post wouldn't be here.


I guess I should have said "Everyone here see's it but you." Just don't post anything to their site that you don't want them to have dude, it's so simple!!!

quote:
How about Groundspeak answering the questions above -- then there's no doubt about why they _need_ our intellectual property.

They don't owe you any explanation. They've set up the terms for their site, and you can like it or lump it.

 

----------------------------------------------------------------

"A noble spirit embiggins the smallest man." - Jebediah Springfield

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quote:
Originally posted by Jomarac5:Oh, come on, if I ask a question about pretty much anything to do with policies of a business, I can expect a reasonably direct answer.

Please note that I didn't say in the post that you weren't to expect a reasonably direct answer. I only offered one possible reason you received the answer you did. I agree, it should not be difficult to get a straight answer, but unfortunately your reality may vary.

quote:

And now, I've asked questions that don't require an interpretation of the TOU -- do you really think it unreasonable to have these answered?


Not particularly.

quote:

The safest bet, for everyone, including you and me, is to _know_ what happens to your property if you upload images, etc, to share with others who participate in the activity. So far, this is not clear.


I don't tend to upload anything I will feel bad about losing, but that's a personal decision.

 

--------------------

You have the right to defend yourself, even when geocaching!

 

[This message was edited by mckee on September 02, 2003 at 02:22 PM.]

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quote:
Originally posted by Jomarac5:

Why is it that you have a difficult time understanding that your property is your own? The intellectual property that they are being less than up-front about telling you their intentions, is being taken from you with the slippery wording of the agreement. If there is no other planned purpose for taking the rights to our property, then why the need to have unlimited use to our property? Why don't they clearly state that the information will not be used for anything other than the operation and promotion of the site?


I suspect that the issue is that no one can see how posting inane dribble on a forum equates to valuable intellectual property. As for why GC doesn't clearly state their stance and claimed rights, it's on the page where you click "I Agree" in order gain access to post on the forums. That people don't read it is the fault of the people.

 

--------------------

You have the right to defend yourself, even when geocaching!

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