I received a new reminder note from SmugMug/Flickr today and also spent some time with the T&C.
Originally posted by Not a Number Well SmugMug said you had until May 11 to delete your files and account on Flickr it you didn't want to agree to SmugMug's TOS and to use their service.
Apparently they changed their mind. The new date is May 25. From an e-mail I received this morning:
Quote: You have until May 25, 2018 to review SmugMug’s Terms and Privacy Policy. If you do nothing in that time, your account will simply transition to SmugMug’s Terms of Service for Flickr and Privacy Policy for Flickr after the acquisition.
Originally posted by RobG I'm concerned that the wording of the policies state that I grant them a "perpetual license" with no mention of the license being revoked if I remove a photo from Flickr.
The full section on user content is quoted below. Unfortunately, I don't have the previous Flickr version for comparison. Yes, the part about "perpetual" is bothersome, but the rest of the sentence indicates a restriction on use. There is also explicit language regarding user intellectual property rights. The Santa Clara County part is pretty standard and may or may not hold depending on your laws down-under.
From the User Content section (emphasis mine):
Quote: The Services may enable you to upload, post and transmit photos and videos to the Site or other portions of the Services (including to your user photo galleries or groups through the Services) and also provide you with access to discussion forums, blogs and other interactive areas in which you or other users may post or transmit photos, videos, text, music, messages, information or other content or materials (collectively, the “User Content”).
You retain all intellectual property rights in and to any User Content you post, upload or otherwise make available through the Services, including the copyright in and to your photos and videos. SmugMug does not claim any ownership, right, title or interest in and to your User Content.
Notwithstanding the foregoing, by uploading and/or posting any User Content to the Services, you grant SmugMug a perpetual, nonexclusive and royalty-free right to use the User Content (and the user name that is submitted in connection with such User Content) as is reasonably necessary in order to enable SmugMug to provide the Services, including to display the User Content on the Services.
You represent and warrant that (i) you own or otherwise control all of the rights to the User Content that you post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce such User Content and to grant the rights granted herein; (ii) the User Content you supply is accurate and not misleading; and (iii) the use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.
Flickr Terms and Conditions
That is still no guaranty that one's photos won't show up as an in-site promotion, perhaps even years after one leaves, but one does retain the right to sue.
Steve