Beware Social Networking Terms of Agreement Contracts

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Why should you read the terms of agreement?

Whenever you sign up to use a service on the Internet, you are entering into a contract that controls your use of the service, the content you post, who owns posted content, if the service can be used commercially, if the service provider can change the contract without notifying you in writing, etc. This lens will highlight parts of contracts from popular services that contain clauses you might want to be aware of. But do not assume we have found all the clauses that may cause a problem for you.

Caution: Whether or not a service is listed here does not mean it is safe or unsafe for you to use. Always read the Terms of Agreement and make sure you understand the contract you are agreeing to.
Any intellectual property referenced here is the property of its respective owner.

blogTV

Excerpt from terms of use viewed on 5/13/2010

Click here to read the full terms

5. USER GENERATED CONTENT
For the avoidance of doubt, the term User Generated Content (or UGC) refers to all content generated by users and posted, broadcasted, uploaded etc. by users to or through the Website
You shall be solely responsible for your UGC and its consequences. In connection with your UGC, you affirm that: (a) you own or have all the necessary licenses, rights, consents, and permissions to use and authorize BlogTV to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all UGC to enable inclusion and use of the UGC in the manner contemplated by the Website and these Terms of Use; and (b) you have the written consent of each and every identifiable individual person in the UGC to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the UGC in the manner contemplated by the Website and these Terms of Use.
By broadcasting and/or posting your UGC through or on the Website,
you grant BlogTV a royalty-free, non-exclusive, worldwide, sublicenseable and transferable license to: use, reproduce, record, store, adapt, translate, modify, make derivative works (including without limitation, reformat, rename, edit, shorten, split UGC into segments and use as part of compilations), transmit, distribute, publicly perform or display the UGC and your username, via all forms of media now known or hereafter devised, all in connection with the Website and BlogTV's (and its successor's) business, including without limitation, promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including though third parties and/or cellular) You also hereby grant each user of the Website or other viewer of your UGC a non-exclusive royalty-free right to access your UGC through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC, all for non-commercial and personal use.

The foregoing license granted by you terminates once you remove or delete a UGC from the Website. However, if BlogTV will then be using the UGC, for the promotion of the Website, it may continue to use of the said UGC, and the license granted for that purpose shall not be revoked or terminated.

Digg (Digg is a trademark of Digg Inc.)

Excerpt from terms of use viewed on 5/13/2010

Click here to read the full terms

6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By creating and posting Content to Digg, you warrant that you own all rights to the Content,
agree that the Content will be dedicated to the public domain under the Creative Commons Public Domain Dedication,
available at http://creativecommons.org/publicdomain/zero/1.0/ and that you will not object to the use of the Content by Digg in any context. To clarify, the above does not apply to the Content on external sites linked to by the original submission.
Creative commons says:

No Copyright
The person who associated a work with this document has dedicated this work to the Commons by waiving all of his or her rights to the work under copyright law and all related or neighboring legal rights he or she had in the work, to the extent allowable by law.

Other Rights - In no way are any of the following rights affected by CC0:
Patent or trademark rights held by the person who associated this document with a work.
Rights other persons may have either in the work itself or in how the work is used, such as publicity or privacy rights.

Facebook

Excerpt from terms viewed on 11/29/2010

Click here to read the full terms
Date of Last Revision: October 4, 2010.

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement") derives from the Facebook Principles, and governs our relationship with users and others who interact with Facebook. By using or accessing Facebook, you agree to this Statement.

1. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Facebook to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.
2. Sharing Your Content and Information

You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings. In addition:
1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, read our Privacy Policy and About Platform page.)
4. When you publish content or information using the "everyone" setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture).
5. We always appreciate your feedback or other suggestions about Facebook, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

LinkedIn (LinkedIn is a registered trademark of LinkedIn Corporation)

Excerpt from user agreement viewed on 6/17/2009

Click here to read the full terms

License and warrant your submissions: You do not have to submit anything to us, but if you choose to submit something (including any User generated content, ideas, concepts, techniques and data), you must grant, and you actually grant by concluding this Agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royaltyfree right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform LinkedIn in the event that any such information has changed since your registration with LinkedIn and, if appropriate, you agree to make such modifications yourself to your profile.
LinkedIn exercises no control over any content you or others submit while using LinkedIn. LinkedIn has no obligation to verify the identity of any Users when they are connected to the site or to supervise the content which has been provided by Users. Note that we describe our current practices related to personally identifiable information collected through LinkedIn in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform LinkedIn.
Prior to joining LinkedIn, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of LinkedIn Users and to LinkedIn and you must not communicate to LinkedIn and its Users any information the dissemination of which could be harmful to you.

3. Our Rights and Obligations - What We Must And May Do

The purpose of LinkedIn is to provide a service to facilitate professional networking among Users throughout the world. It is intended that Users only connect to other Users who they currently know and seek to further develop a professional relationship with those Users.

For as long as LinkedIn continues to offer services, LinkedIn shall provide (and seek to update, improve and expand, in similar and different new ways) the LinkedIn platform and service with the purpose of providing all members with professional networking connectivity, through LinkedIn's proprietary tools, rules and protocols which LinkedIn may update, improve, discontinue and change at any time, at LinkedIn's sole discretion.

Any other use of LinkedIn (such as seeking to connect to someone a User does not know or to use LinkedIn as a means of generating revenue through the sale of contacts or information to others) is strictly prohibited and is a violation of this Agreement.

Technoratic (Technoratic is a trademark of Technorati, Inc.)

excerpt from terms of service viewed on 6/24/09

Click here to read the full terms

2. Site Content

The Site and its contents may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

Content produced by Technorati is licensed under a Creative Commons Attribution-NonCommercial license enabling users to copy, distribute, and perform the works on this site as well as create derivative works with proper attribution for non-commercial use.

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Technorati grants to User a limited nonexclusive, non-transferable, non-sublicensable right under Technorati's intellectual property rights to copy, distribute, display, perform and create derivative works of the Content with proper attribution solely for non-commercial use. If User wishes to use Content for commercial purposes, User must submit a business inquiry. Copying, using or storing any Content for other than noncommercial use is expressly prohibited without prior written permission from Technorati or from the copyright holder identified in such Content's copyright notice.

Technorati requests that, according to standard academic practice, if a User uses the Service for any research that results in an article, a book, or other publication, the User lists Technorati as a resource in User's bibliography.

User acknowledges and agrees that if User uses any of the Services to contribute Content to the Site, Technorati is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so. User warrants, represents and agrees that it will not contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. Technorati reserves the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Technorati is concerned that User may have breached the immediately preceding sentence), or for no reason at all.

YouTube

Excerpt from terms of service viewed on 6/17/2009

Click here to read the full terms

6. Your User Submissions and Conduct
A)As a YouTube account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, YouTube does not guarantee any confidentiality with respect to any User Submissions.
B)You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize YouTube to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C)For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the YouTube Website and YouTube's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the YouTube Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the YouTube Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the YouTube Website. You understand and agree, however, that YouTube may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D)In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant YouTube all of the license rights granted herein.

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  • Sandywithay Apr 5, 2011 @ 10:21 am | delete
    I'd like to stress - I'm not saying don't use these marketing tools - just be aware of what you are giving up when you do. FYI - I use facebook, twitter and youtube right now.
  • treasureseekersunite Feb 24, 2011 @ 6:53 pm | delete
    Wow, I had no idea! This is very useful information for both building my own social network and participating on the others. Privacy is something that is a big issue for most. Thank you!
  • Fredster Jan 17, 2011 @ 2:29 am | delete
    I read the T.O.S. But let's face it, if someone wanted your services because you were made famous, you would then have the upper hand. Or, if you become famous and they won't play pool, you can do something really embarassing so they won't want to use you.
  • Sandywithay Apr 27, 2010 @ 3:10 pm | delete
    Your welcome. It helps to know others find it useful.
  • PizmoBeach Mar 13, 2010 @ 12:17 am | delete
    Thanks for making the effort to put this lens together. The information is very useful.
  • jgelien Jan 4, 2010 @ 9:31 am | delete
    This is important information to know. Thank you for bringing it to people's attention.
  • JustMe Aug 20, 2009 @ 12:01 pm | delete
    Yes, these EULA's are very nasty. In reality they are not contracts at all. Each of these groups puts in a clause that says they can change the terms of the agreement at any time and that you are bound to this change. If you sign this document THEY CAN DO ANYTHING THEY WANT TO YOU--including taking all your copyrights. Impossible, you say?? They have never done this, you say?? My response is "Wait until one of these organizations is facing bankruptcy--watch as they steal everything they can get their hands on in order to survive."

    Folks, these are not contracts at all. They are a license to screw you. A true contract does not include the right to change any terms at any time.

    Don't do business with these folks. There are many others that do similar things--CD Baby, TuneCore, etc...

    JustMe
  • a_willow Jul 1, 2009 @ 3:26 pm | delete
    This lens entered Fresh Squid Contest for July as one of featured lenses on Fresh Squid group in June! Come by and vote!
  • a_willow Jun 29, 2009 @ 2:47 pm | delete
    I don't always read small letters! Thanks for reminder! Welcome to Fresh Squid group! Glad to have you aboard!
  • Sandywithay Jun 25, 2009 @ 8:39 pm | delete
    Thanks for sharing your comments. Please feel free to start a debate regarding the intent of the terms highlighted above. I appreciate any and all comments. Thanks also to anyone taking the time to rate this lens and for responding to the polls.
  • ss834 Jun 25, 2009 @ 5:29 pm | delete
    This is a VERY valuable lens. Thanks for looking into this and keeping people informed!
  • AlanWithOneL Jun 25, 2009 @ 2:11 pm | delete
    So then are some of these social networking sites nothing more than elaborate, well-oiled intellectual property (IP) phishing scams intended to permanently deprive IP owners of their asset rights through fraudulent means? I think that would be called grand larceny.
  • julcal Jun 24, 2009 @ 9:30 pm | delete
    The first time I realized that I lost all rights to something I submitted to a website for publication was when I wrote an article for Wikipedia. It was a really strange feeling of loss as MY article was edited.

    I have a pretty good attention to detail, but Sandy, you take the cake. Thanks for delving into this for all of us. It's a great idea for a lens. You've done great research for us all.

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Sandywithay

My Mission Statement is: To empower others to take control of their health, wealth and happiness one person at a time.
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