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Do you read TERMS AND CONDITIONS?


Jomarac5

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quote:
Originally posted by seneca:

It will however bother some conceited amateur photographers who like to believe their family snapshots might one day be worth something.


I don't think that's it. I believe what's mine is mine and what's yours is yours. Now it appears someone's trying to take what's mine (and it doesn't really matter what it is) in a sneaky way by changing the "rules" without telling anyone.

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quote:
Originally posted by seneca:

The "Terms and Conditions" might save us from having to look at their "prized" pictures.

 


 

That works for me. icon_wink.gif

 

DON'T POST YOUR FAMILY REUNION PICS OR Groundspeak WILL OWN THEM!

 

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

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

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One of the reasons this type of legalese is included in a web site is that it grants the site owner use of postings (text or graphics) for promotional purposes. That avoids having to track down users individually in order to quote them. If Groundspeak wanted to put out an educational pamphlet, they have all the materials they need right here on the site. "The is what real geocachers say!"

 

Unfortunately they could also publish a pamphlet about Forumites, and they'd still have plenty of material to pull from. "...and this is how they pick fights with each other online!"

 

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

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

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So here's my question/concern with what I understand this change to be... (similiar to what I've read recently about the localhikes.com T&C). If I upload a picture that I took of some trail, does that mean that if I then upload it to another site (even my own personal photo gallery) that I can get sued or something? Sorry if this is a stupid question, but hey, I'm no lawyer and can't decode all the legalese! Thanks.

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quote:
Originally posted by TX Hokie:

If I upload a picture that I took of some trail, does that mean that if I then upload it to another site (even my own personal photo gallery) that I can get sued or something?


 

It may be legaleze, but it is pretty straightforward. from 5:

 

quote:
All comments, articles, tutorials, screenshots, pictures, graphics, tools, downloads, and all other materials submitted to Groundspeak in connection with the Site or available through the Site (collectively, “Submissions”) remain the property and copyright of the original author.

 

frog.gif Jeremy Irish

Groundspeak - The Language of Location™

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quote:
Originally posted by TX Hokie:

So here's my question/concern with what I understand this change to be... (similiar to what I've read recently about the localhikes.com T&C). If I upload a picture that I took of some trail, does that mean that if I then upload it to another site (even my own personal photo gallery) that I can get sued or something?


 

No. Not by Groundspeak. By uploading images you are only giving them a non-exclusive "license" to use the images.

 

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 any jurisdiction.

 

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

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quote:
Originally posted by seneca:

Its not just being sued that you have to worry about. As discussed on the other thread, are you aware that, pursuant to the Groundspeak Terms and Conditions, once you submit material to this site, over which you own the copyright, (including photographs), you will have permanently lost the legal ability to grant any other party an exclusive license to use it?


 

Yawn. I venture that 99.9% of most people on the geocaching site could care less. I highly doubt any other party would be interested in my caching exploit pictures.

 

--CoronaKid

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quote:
Originally posted by CoronaKid:

Yawn.

--CoronaKid


 

Well, then don't get up so early. (I also agree with all of what you have said - so I guess there's nothing to learn here icon_wink.gif)

 

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

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quote:
RobertM wrote:

I don't think that's it. I believe what's mine is mine and what's yours is yours. Now it appears someone's trying to take what's mine (and it doesn't really matter what it is) in a sneaky way by changing the "rules" without telling anyone.


Now there's the nail getting hit directly on the head. Thanks RobertM.

 

DrHeckle -- they way *I* talk to people is sad? Nice name calling pal. Give your head a shake, I'm only standing up for what's right. You can call it what you like. And there's no need to pull Woodsters into this.

 

mckee -- the rights of my images are mine. Whether you think they are 'worthy' shots or not is immaterial -- the images are my property and Groundspeak is using doublespeak to obtain the legal rights to them.

 

TX Hokie -- no it doesn't mean that you can be sued for putting your image to other use somewhere else, what it does mean is that you cannot give anyone else *exclusive* rights to the image, because you no longer own the *exclusive* rights. Ask Jeremy to explain the second paragraph in section 5 to you.

 

CoronaKid -- just because *most* of the people don't know when something is wrong, doesn't make it right.

 

Seneca -- it's not about family snapshots being worth something -- but just to set you straight, they are worth something -- to me. They are my property and someone is attempting to use legalize to get the rights to use them. In your position as member of the law community, you of all people should recognize this. Perhaps you're too wrapped up in your own sarcasm to understand it.

 

RobertM's post sums it up the best -- what's mine is mine, and what's yours is yours. The language in the terms is slippery -- if you upload your images, you will be denying yourself full uninhibited ownership of the image and will be allowing someone else to use your property *without any* consideration to you.

 

*****

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quote:
Originally posted by RobertM:

I guess I WON'T be uploading ANY photos to this site in the future.


 

Actually, its not just your pictures that you need to worry about. Both you and Jomarac5 have made some "priceless" comments on these forums over which you guys own copyright. Perhaps you might both consider extending your boycotts to the posting of any further words of wisdom ?

 

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

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quote:
Originally posted by Jomarac5:

Jeremy, why the wording in paragraph 2 of section 5? Is there some other use planned for the intellectual property of those who use this site? If not, I don't see the need for the wording.


I mentioned one use for the wording already in the other thread: Jeremy already sells your copyrighted materials in the form of pocket queries and logs on members-only caches (even if you're not a member, your logs can end up on a members-only cache if the owner changes its status.) Remember, the terms apply to more than just pictures.

 

pirate.cgi.gif

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No, you idiot. And it's not Warm Fuzzies either. If you have a personal question for Jeremy, send it to contact@geocaching.com.

 

You should know that Jeremy can't possibly comment in a public forum on the meaning of those legal terms without compromising his position in the event of a lawsuit. So there's no point in asking him to.

 

If they bother you so much, retain a lawyer of your own and ask him whether the terms could be enforced and what your recourse might be.

 

pirate.cgi.gif

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quote:
Originally posted by Jomarac5:

Seneca, your narrow minded posts are no longer worthy of a reply.

*****


 

Another great line! Jeremy, I offer to buy it from you for 2 cents.

 

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

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quote:
Originally posted by seneca:

 

Another great line! Jeremy, I offer to buy it from you for 2 cents.


 

I'll post the item for bidding on eBay. icon_rolleyes.gif

 

I didn't offer an opinion. I copied the terms which are readily available on the web site. You can certainly pay a lawyer and ask their opinion before posting your photo of your Smurf travel bug.

 

frog.gif Jeremy Irish

Groundspeak - The Language of Location™

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I just checked the poll results and here's what has come in so far:

 

41 users have voted

 

- 17% say they always read the terms and conditions

 

- 10% say they read them most of the time

 

- 10% say they read them sometimes

 

- 41% say they very rarely read the terms and conditions

 

- 22% say they never read the terms and conditions

 

Very interesting indeed -- it appears (from this unscientific poll) that more than 60% rarely or never read the terms and conditions before signing up or uploading images to the web.

 

Is it any wonder that sites are able to sneak this kind of stuff through?

 

Wake up people -- you're being taken advantage of.

 

*****

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OMFG Tap Tap Tap.....hey, cornholios, get a freakin life. I have never in all my glorious years of message board experience from porn to postcards to restoring potato chips ever seen a more whining, hurt feeler, quibbling, quoting, nitpicking, easily offended, self officious, demeaning, ritualistic, holier-than-thou, I hath greater command of the english freakin' language don't you talk to me like that little mister, wanna be bad***, trash talkin no action bunch of pansie geek prep school rejects than I've seen in this place. Even if they ban Geocaching and armed government thugs storm my '74 Gremlin I live in and take my GPS'r I'll still come back to these forums to get my daily dose of rolling on the fawking floor laughing my arse off. I wanna put about 20 of ya in a super size burlap feed sack, shake it up hang it upside down from a tree and randomly poke it with a sharpened #2 pencil just to keep ya going. I'm e-mailing the link to this site to all those Jenny Jones catfight type shows I possibly think of. This would be soooooooooo much better live. weeeeeeeeeeeeeeeeeeeeeeeeeeee icon_biggrin.gif

 

someday we'll look back on all this and plow into a parked car.

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These three questions, answered by Jeremy will clear this whole thing up:

 

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?

 

*****

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Jomarac5,

 

Do you have nothing better to do than constantly stir things up? If you have a problem with the terms and conidtions (or the colors or webpage layouts, etc.) of this site - don't use it!

 

I've never had a direct exchange with you and don't ever care to. EVERY single post I've seen in here from you is either:

A) Attacking someone

:) Whining about something (no, not commenting - whining), OR

C) Trolling

 

You have the right to not use this site if you don't agree with it. Jeremy has no obligation to make changes to make YOU happy. If others don't agree as well, they can follow suit.

It's a personal choice to make.

Just as I will make a personal choice to not read any more threads started by you.

 

Give it a rest already. What's the 'cause of the week' you'll be behind next week.....

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quote:
Kealia wrote:

I've never had a direct exchange with you and don't ever care to.


Seems that we have something in common.

 

The terms of use are unfair to all those that use this site. But if you don't want to pay attention to this, and instead, rant and rave about how you think I'm whining, or attacking, or trolling, that's your perogative.

 

If there's no problem here, why isn't Jeremy answering the three questions?

 

*****

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quote:
Originally posted by Jomarac5:

These three questions, answered by Jeremy will clear this whole thing up:

 

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?

 

*****


 

Please email contact@Groundspeak.com with your concerns and questions so we can address them for you.

 

frog.gif hydee frog.gif

I work for the frog

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quote:
Originally posted by Jomarac5:

Wake up people -- you're being taken advantage of.


 

I challenge you or anyone else on this site for that matter, to please describe an actual incident in which they were taken advantage of because they did not read the T & C's.

 

Bueller? Bueller? Bueller?

 

From my experience, I'd say that most T & C's are designed to protect companies from getting sued, not the other way around. FWIW.

 

--CoronaKid

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Seriously, Jomarac5, if the terms and conditions also mean that your posts are the property of GC.com, are you going to stop posting to the message boards in addition to no longer uploading images?

 

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

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

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quote:
Originally posted by seneca:

 

Actually, its not just your pictures that you need to worry about. Both you and Jomarac5 have made some "priceless" comments on these forums over which you guys own copyright. Perhaps you might both consider extending your boycotts to the posting of any further words of wisdom ?


 

So much for the Groundspeak Limitied Hardbound Edition of "Jeremy's Book of Martyrs"......

 

("I'll take 'Obscure Quaker Text References' for $100, Alex...")

 

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

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

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quote:
Originally posted by Jomarac5:

The terms of use are unfair to all those that use this site.


 

Did you click on "I Accept"?

 

quote:

If there's no problem here, why isn't Jeremy answering the three questions?

 

*****


 

Because it's probably too hard to type with tears of laughter blurring his vision.

 

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

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

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Looks like I need to take time to read those terms and not just agree to them.

 

Generally I retain ownership and rights to everyting I do just because I did it. In order to use use this website I would be willing to give a non exclusive right to 'unlimited use' Thus should I of been the one to snap that photo of Britney I'd get to sell it but so could Geocaching.com. That is fair and works well enoug for me. Especially since the odds of me getting paid for any of this is about zero. In the past I have refused to work for some companies because they had employment clauses that covered not only what I do for them but what I do on my own even if it's completely unrelated.

 

What's fair and whats demanded of us are often different.

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