OT-Terms and Conditions

stropharia(8b louisiana)January 16, 2011

I know this is not the forum for this, but there doesn't seem to be an area for basic discussion. Since this is where I mostly hang out, I thought I'd ask you guys.

Does iVillage claim ownership of photos posted to their site, but not uploaded to it? As in, if I post the html code to display a picture (that I uploaded to another site, say Photobucket) inline with a post.

It looks like the terms and conditions are trying to say that you forfeit your copyright to your own photos once posted to the site at all, but I don't speak legalese. That seems not only silly, but displays huge ignorance of how the internet works; you can't own something just because it's linked to your page. The photo is visible on this site through a sort of "html window" to Photobucket. It doesn't leave Photobucket and come to this site.

I've found a few threads on the terms and conditions, but my question hasn't been well answered. I've even seen people ask for clarification on these matters, with no response providing further information from iVillage/GardenWeb.

Thanks for any help!

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mrlike2u(**)

Legalese translated :

I-village ask you to forfeit your pic posting copyrights so they don't/wont have to held legally accountable if someone where to come along and copy your posted pic from I-village GW forums and post them to another site such as E-bay or other related or non related forums.

HTML In I village is to allow them to access a photo bucket account to a specific file or files (PICS).

In bandwidthnese . Yes I village doesn't leave but yes they do, it's more like they open a HTML door and Photobuket is right there at the door. Maybe a slower than avg modem,or clunky sluggy slower older computer would see any waiting time of opening the HTML door.

If you Move or Delete any photobucket pic the only view seen is the photo bucket HTML calling card in place of pic as the pic is also removed and carded from any I- village archives. In a different manner of speaking I village doesn't really own your pic(s)but do have a right to protect themselves in the events that have been mentioned.

To prevent someone from entering into your photo-bucket account they offer locking folder features.

The locking feature still allows you to post HTML pic(s) in GW and prevents anyone from clicking they're merry way to and through your photo bucket account and copy any to all of your pics to there private computer files to upload somewhere else.

    Bookmark   January 16, 2011 at 6:11PM
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paul_(z5 MI)

Hmmm, can you tell me more about this locking folders feature like how to access it?

    Bookmark   January 16, 2011 at 8:41PM
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mrlike2u(**)

You log into Photobucket as any site........... see the My Albums tab and click open here, on the top right side of this page is a albums options feature click on it and you'll see pop down menu look for privacy and edit.

left you a little sample pic from an album if you right click the pic it will bring you to photobucket and this pic as I set mine to private you should hit a dead end and not see any other pics or albums I have

I'm sure you've seen the photobucket pic moved or deleted card

    Bookmark   January 17, 2011 at 3:16PM
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stropharia(8b louisiana)

Sorry, mrlike, but I'm not sure I understand what you're saying. The wording is clearly not just so they can protect themselves from others using your pictures. It says that they can use your images for monetary gain however they wish. Also, there's a clause that says that visitors can use your work, but only for personal use, not commercial. Here's the part I'm talking about, I think it's obvious that they're not just protecting themselves from the actions of others: By submitting content, which shall include your member name, to any "public area" of the GardenWeb Network, including, but not limited to, the forums and your personal website, exchange page and journal, you grant iVillage a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense, assign, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. If you are not the creator of such content, you also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any visitor or member to access, display, view, store and reproduce such content solely for personal, noncommercial use.

As an aside, that's a beautiful plant! What is it?

Here is a link that might be useful: Terms of Service

    Bookmark   January 17, 2011 at 4:53PM
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greenman28 NorCal 7b/8a

If they want to use one of your pics for a calendar, they can.
You're right in your interpretation. GardenWeb loses a lot of folks because of this policy.

Josh

    Bookmark   January 17, 2011 at 5:31PM
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stropharia(8b louisiana)

Thanks Josh, that's what I thought it meant. Though if they wanted to do that, they'd have to save the picture onto their server. Otherwise, it'd be lost as soon as it was deleted from Photobucket. That could be automated, but somehow I doubt iVillage has the resources (or desire) for that...they don't seem to be up to date on very much around here.

    Bookmark   January 17, 2011 at 5:47PM
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mrlike2u(**)

Yes thats right I village doesnt want to be held legally accountable if THEY or anyone else uses your pic for any reason including simple second market calenders to scams

Realistically for more internet wide pic protecting I simply post pics with a less than desired back ground, sometimes a bit off focus, not ideal lighting and limited times before I delete from photobucket than one may want/need to copy for there personal legal sales or scamming use.

I second the computer savvy abilities of I village yet that's a different story. To all those who fall pray to those who aren't as honest as we would hope for them to be it's live and learn.

    Bookmark   January 17, 2011 at 8:24PM
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mrlike2u(**)

Opps the plant is a preview for the I Villages Jan 2012 calender LOL Underneath the Jan 2012 calender pic will be the words Bromeliad Tillandsia Iontholia. A tropical island rain forest air plant that is currently in flower as seen

    Bookmark   January 17, 2011 at 9:11PM
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mksmth zone 6b Tulsa Oklahoma(6b)

any picture you upload anywhere on the internet is subjected to "theft". That is just a "cover our ass" clause

all image hosting/sharing sites do this. If you want to try and avoid your images being used for someone elses gain your only 2 options are to not post them at all, or put a watermark on them.

    Bookmark   January 18, 2011 at 1:13PM
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stropharia(8b louisiana)

No, most image hosting/sharing sites do not have quite this sort of clause, hence my asking. Uploading a photo does not make it available to Photobucket in this way (in fact, the Photobucket ToS have a very opposite clause, quoted at bottom). I'm aware that uploaded property is subject to theft, that's the risk we take. But iVillage ToS isn't technically theft, since we're agreeing to it. I just find it weird.

I didn't say I didn't want my work to be used for someone else's gain, I was asking if the ToS meant what I thought they did, and expressed that it didn't really make much sense to me, that's all. "Photobucket does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Photobucket Services."

    Bookmark   January 19, 2011 at 3:36AM
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mksmth zone 6b Tulsa Oklahoma(6b)

My appologies i just realized what exactly your question or concern is. The question i have is does the word "submit" also mean "post" in this case I would assume it does and if so it does mean that they can "save" and use your "content" even if it is posted by way of HTML coding or just a link.

As far as photobucket The sentence after the one you quoted says in a round about way exactly what the iVillage ToS says. Tinypic(owned by PB) and imageshack have the same clause. They do say anything you "post" versus iVillage's "submit", but I have to assume they mean the same when forfeiting rights to content.

you know lawyers write this stuff so even lawyers cant understand it. LOL

    Bookmark   January 19, 2011 at 11:49AM
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jodik_gw

Let's face it... once a person uploads any content to the internet, it becomes public domain. Watermarking your digital photographs only gives you so much protection. Anyone with the knowledge to do so can save any piece of internet content they want for their own use, should they be so inclined.

It's customary to ask before using the works of others... but that doesn't mean everyone will. We upload at our own risk.

Since I'm not a professional photographer with plans to publish and profit off of my simple garden photos, I don't really care what GW does with them. To me, it's more important that I share with others, pictures being worth a thousand words, as they say.

Somehow, the terms of service attached here do not surprise me...

    Bookmark   January 20, 2011 at 7:28AM
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