Win a Pentax Limited Lens: Raffle Now Live!

**luftfluss** · 01-17-2022, 05:17 PM - **1 Like**

Terms of Service in another photography forum - which recently changed ownership - include the following paragraph. Seems hinky to me. Worrisome, or no?

"You agree to grant to XXXXXX* a non exclusive, royalty free, worldwide, irrevocable, perpetual license to reproduce, distribute, transmit, sublicense, create derivative works of, publicly display, publish and perform any materials and other information you submit to any public areas, chat rooms, bulletin boards, newsgroups or forums of XXXXXX or which you provide by email or any other means to XXXXXX and in any media now known or hereafter developed. Further, you grant to XXXXXX the right to use your name and or user name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto, together with use on any other BIGEVILCORPORATION* web sites. You agree that you shall have no recourse against BIGEVILCORPORATION for any alleged or actual infringement or misappropriation of any proprietary right in your communications to XXXXXX."

*Names changed to protect the presumed innocent.

bertwert · 01-17-2022, 05:20 PM - **3 Likes**

Now I am no lawyer, but reads to me they're just trying to give themselves permission to steal your photos posted there to do whatever they like with...

**aslyfox** · 01-17-2022, 06:11 PM - **3 Likes**

not hinky at all, it lays it out

you could choose not to use the site

I wouldn't use it

**pepperberry farm** · 01-17-2022, 06:17 PM - **2 Likes**

or, continue to use the website with the knowledge that any photos you decide to post are no longer yours....

**luftfluss** · 01-17-2022, 07:01 PM - **2 Likes**

Thanks, fellas. I thought that perhaps I was being overly sensitive, but y'all have confirmed my feelings on the matter.

Unregistered User 8 · 01-17-2022, 07:45 PM - **2 Likes**

A bit late to this party, but BIGEVILCORPORATION's (and liittle ones too.

) thrive on people blindly ticking the I Agree checkbox out of laziness.

Really well spotted, and thanks for sharing. My membership there wouldn't be problematic though..................none of my pix are worth stealing.

MarkJerling · 01-17-2022, 08:03 PM - **1 Like**

In fairness to whichever BIGEVILCORP this one relates to, Faceplant's conditions of service are very, very similar. Basically, if they did not have that "license", they could not operate their site and could not show your "friends" the content you may want to show your "friends".

I'd be more surprised if BIGEVILCORP does not have conditions such as these.

**luftfluss** · 01-17-2022, 08:16 PM

Originally posted by MarkJerling

In fairness to whichever BIGEVILCORP this one relates to, Faceplant's conditions of service are very, very similar. Basically, if they did not have that "license", they could not operate their site and could not show your "friends" the content you may want to show your "friends".

I'd be more surprised if BIGEVILCORP does not have conditions such as these.

What made this interesting is the previous owner of the forum did not have such language, and some members of that forum were taken aback by this new language. Terms like "irrevocable" and "create derivative works" and using content for "advertising, marketing and promotional material" were not used. I suppose this may simply be the difference between the forum once being owned by a single individual and now it's owned by a company, but this updated TOS has caused a significant exodus over the last few weeks.

**luftfluss** · 01-17-2022, 08:23 PM - **1 Like**

Originally posted by pjv

A bit late to this party, but BIGEVILCORPORATION's (and liittle ones too.

) thrive on people blindly ticking the I Agree checkbox out of laziness.

Really well spotted, and thanks for sharing. My membership there wouldn't be problematic though..................none of my pix are worth stealing.

Certainly none of my pics are worth pilfering, either

I don't post there are much as I once did, though, now that I am solely a Pentax shooter.

MarkJerling · 01-18-2022, 02:48 PM - **1 Like**

Originally posted by luftfluss

What made this interesting is the previous owner of the forum did not have such language, and some members of that forum were taken aback by this new language. Terms like "irrevocable" and "create derivative works" and using content for "advertising, marketing and promotional material" were not used. I suppose this may simply be the difference between the forum once being owned by a single individual and now it's owned by a company, but this updated TOS has caused a significant exodus over the last few weeks.

No doubt. Said individual probably did not have the same lawyers as BIGEVILCORP so I guess the previous terms were less onerous.

01-17-2022, 05:17 PM - 1 Like	#1
luftfluss Site Supporter Join Date: Jun 2011 Location: NJ Photos: Gallery \| Albums Posts: 11,629	Help with Legalese, Please Terms of Service in another photography forum - which recently changed ownership - include the following paragraph. Seems hinky to me. Worrisome, or no? "You agree to grant to XXXXXX* a non exclusive, royalty free, worldwide, irrevocable, perpetual license to reproduce, distribute, transmit, sublicense, create derivative works of, publicly display, publish and perform any materials and other information you submit to any public areas, chat rooms, bulletin boards, newsgroups or forums of XXXXXX or which you provide by email or any other means to XXXXXX and in any media now known or hereafter developed. Further, you grant to XXXXXX the right to use your name and or user name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto, together with use on any other BIGEVILCORPORATION* web sites. You agree that you shall have no recourse against BIGEVILCORPORATION for any alleged or actual infringement or misappropriation of any proprietary right in your communications to XXXXXX." *Names changed to protect the presumed innocent.

01-17-2022, 06:11 PM - 3 Likes	#3
aslyfox Seeker of Knowledge Join Date: Aug 2016 Location: Topeka, Kansas Photos: Gallery \| Albums Posts: 24,583	not hinky at all, it lays it out you could choose not to use the site I wouldn't use it Last edited by aslyfox; 01-17-2022 at 06:47 PM.

Similar Threads
Thread	Thread Starter	Forum	Replies	Last Post
Please. Please. Please resell me on Pentax	Buschmaster	Pentax DSLR Discussion	31	10-10-2012 08:38 PM
Broken lens, please please help.	upanddown	Pentax SLR Lens Discussion	4	02-13-2012 11:26 AM
Flash Help Needed? Please HELP.. .	Unregistered User	Troubleshooting and Beginner Help	3	07-26-2011 04:46 AM
Oh man, please please please help....	deckroid	Photographic Technique	8	07-01-2011 09:08 AM
FA 31mm what's wromg with my lens??? please please help	pHREDD D	Pentax SLR Lens Discussion	40	04-26-2010 12:30 AM

01-17-2022, 05:20 PM - 3 Likes	#2
bertwert Veteran Member Join Date: Jun 2015 Location: Golden, BC Posts: 15,172	Now I am no lawyer, but reads to me they're just trying to give themselves permission to steal your photos posted there to do whatever they like with...

01-17-2022, 06:17 PM - 2 Likes	#4
pepperberry farm amateur dirt farmer Join Date: Dec 2014 Location: probably out in a field somewhere... Photos: Gallery \| Albums Posts: 41,781	or, continue to use the website with the knowledge that any photos you decide to post are no longer yours....

01-17-2022, 07:01 PM - 2 Likes	#5
luftfluss Site Supporter Join Date: Jun 2011 Location: NJ Photos: Gallery \| Albums Posts: 11,629 Original Poster	Thanks, fellas. I thought that perhaps I was being overly sensitive, but y'all have confirmed my feelings on the matter.

01-17-2022, 07:45 PM - 2 Likes	#6
Unregistered User 8 Closed Account Join Date: Mar 2015 Photos: Gallery Posts: 8,694	A bit late to this party, but BIGEVILCORPORATION's (and liittle ones too. ) thrive on people blindly ticking the I Agree checkbox out of laziness. Really well spotted, and thanks for sharing. My membership there wouldn't be problematic though..................none of my pix are worth stealing.

01-17-2022, 08:03 PM - 1 Like	#7
MarkJerling Moderator Site Supporter Join Date: May 2012 Location: Wairarapa, New Zealand Photos: Gallery \| Albums Posts: 20,423	In fairness to whichever BIGEVILCORP this one relates to, Faceplant's conditions of service are very, very similar. Basically, if they did not have that "license", they could not operate their site and could not show your "friends" the content you may want to show your "friends". I'd be more surprised if BIGEVILCORP does not have conditions such as these.

01-17-2022, 08:16 PM	#8
luftfluss Site Supporter Join Date: Jun 2011 Location: NJ Photos: Gallery \| Albums Posts: 11,629 Original Poster	Originally posted by MarkJerling In fairness to whichever BIGEVILCORP this one relates to, Faceplant's conditions of service are very, very similar. Basically, if they did not have that "license", they could not operate their site and could not show your "friends" the content you may want to show your "friends". I'd be more surprised if BIGEVILCORP does not have conditions such as these. What made this interesting is the previous owner of the forum did not have such language, and some members of that forum were taken aback by this new language. Terms like "irrevocable" and "create derivative works" and using content for "advertising, marketing and promotional material" were not used. I suppose this may simply be the difference between the forum once being owned by a single individual and now it's owned by a company, but this updated TOS has caused a significant exodus over the last few weeks.

01-17-2022, 08:23 PM - 1 Like	#9
luftfluss Site Supporter Join Date: Jun 2011 Location: NJ Photos: Gallery \| Albums Posts: 11,629 Original Poster	Originally posted by pjv A bit late to this party, but BIGEVILCORPORATION's (and liittle ones too. ) thrive on people blindly ticking the I Agree checkbox out of laziness. Really well spotted, and thanks for sharing. My membership there wouldn't be problematic though..................none of my pix are worth stealing. Certainly none of my pics are worth pilfering, either I don't post there are much as I once did, though, now that I am solely a Pentax shooter.

01-18-2022, 02:48 PM - 1 Like	#10
MarkJerling Moderator Site Supporter Join Date: May 2012 Location: Wairarapa, New Zealand Photos: Gallery \| Albums Posts: 20,423	Originally posted by luftfluss What made this interesting is the previous owner of the forum did not have such language, and some members of that forum were taken aback by this new language. Terms like "irrevocable" and "create derivative works" and using content for "advertising, marketing and promotional material" were not used. I suppose this may simply be the difference between the forum once being owned by a single individual and now it's owned by a company, but this updated TOS has caused a significant exodus over the last few weeks. No doubt. Said individual probably did not have the same lawyers as BIGEVILCORP so I guess the previous terms were less onerous.

Help with Legalese, Please

Win a Pentax Limited Lens: Raffle Now Live!