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Terms & Privacy Policies
- Thread starter LEckley
- Start date
malvernweb
Chevereto Member
Yes, CnP Photobucket, Imgur etc etc and then modify/remove sections as suits your site.
I'm pretty sure most of what is in their T&C's are common and not copyright in any way. Would be very hard to achieve a CW on legal notations that have to apply to everybody.
I'm pretty sure most of what is in their T&C's are common and not copyright in any way. Would be very hard to achieve a CW on legal notations that have to apply to everybody.
bee
💖 Chevereto Fan
You are pretty wrong ...
malvernweb
Chevereto Member
Am I ?
Read this ....
http://tinypic.com/terms.php
Then this ...
http://photobucket.com/terms
Then this ...
http://imgur.com/tos
Albeit that Tiny and PB are one and the same company, but you get my drift. With slightly different wording, they all say exactly the same thing. I think perhaps you have taken my point a little too literally. Of course the actual wording is copyright to the site that publishes it, any idiot knows that, however, the original poster was looking for templates for their privacy/TC's, so why not see that other image hosting sites are including, and tailor it to suit your own site.
You should note that I said "what is in their T&C's are common and not copyright", rather than "their T&C's are common and not copyright", you cannot copyright legal definitions. For example if "uploading of offensive content, which may include, but is not limited to, violence, child pornography etc.... " is written on one site, then it is common sense that another site trying to stay within governed/federal jurisdiction will also have to use almost identical wording and any copyright claim by another site will just fail* (*citation, my wife is a patent attorney, so very well versed in copyright law around the world).
Also, and as I do, perhaps you could substantiate your arguments a little more
I had a law student write mine exclusive for my host.
Last updated: February 14, 2016
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://nickpic.host website (the "Service") operated by NickPicHost ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Communications
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Any legal content is allowed. Content adult in nature needs to be flagged as such by checking the box. Any content not appropriately flagged will be removed without question at our judging. Any illegal content, warez, pirated content, etc is not allowed. If it is illegal in the state of California, it is not acceptable.
NickPicHost has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of NickPicHost or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from the original account uploader.
You retain all rights to hotlink, and link directly to said content that you created and uploaded to our service. You may use said direct or hot link in site elements, avatars, signatures, or as a content delivery network for a forum of RPG in nature. For high traffic websites, please do not overload our servers. This service is meant to cater to the niche RPG community.
Accounts
When you create an account with us, you guarantee that you are above the age of 18 (or over 13 with parental permission), and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by NickPicHost.
NickPicHost has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that NickPicHost shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
The only third party links on NickPicHost are generated by the user submissions.
Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Copyright
NickPicHost does not moderate any images that are uploaded. If a copyright claim is made, please contact with proof and it will be dealt with within 30 days.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us.
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://nickpic.host website (the "Service") operated by NickPicHost ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Communications
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Any legal content is allowed. Content adult in nature needs to be flagged as such by checking the box. Any content not appropriately flagged will be removed without question at our judging. Any illegal content, warez, pirated content, etc is not allowed. If it is illegal in the state of California, it is not acceptable.
NickPicHost has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of NickPicHost or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from the original account uploader.
You retain all rights to hotlink, and link directly to said content that you created and uploaded to our service. You may use said direct or hot link in site elements, avatars, signatures, or as a content delivery network for a forum of RPG in nature. For high traffic websites, please do not overload our servers. This service is meant to cater to the niche RPG community.
Accounts
When you create an account with us, you guarantee that you are above the age of 18 (or over 13 with parental permission), and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by NickPicHost.
NickPicHost has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that NickPicHost shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
The only third party links on NickPicHost are generated by the user submissions.
Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Copyright
NickPicHost does not moderate any images that are uploaded. If a copyright claim is made, please contact with proof and it will be dealt with within 30 days.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us.
malvernweb
Chevereto Member
SirMoo
💖 Chevereto Fan
So a few red flags with this. You don't have a disclaimer relating to downtime or indirect harm caused by such on your service. Example: services go down... someone elses uses your site to host their images... they get pissed and want you to compensate them. Now given there is no paid method, this isn't as major of a concern... but look at a few Webhosting companies TOS and toss in a few sentences to cover this.
Also, it mentions California. Read over this and make sure it doesn't apply to you. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1798.80-1798.84
Downtime has a good point. I had a section relating to downtime when I wanted to have "paid" hosting to go with it. But, I decided I didn't want to deal with two fronts at once since it is an ad-free and free to use service. My server is no longer in California, so, I will need to be updating the terms a little bit once again. But, by not being a business, and records being on an encrypted server of which I do not store ID cards, account numbers for credit cards, health or other medical information, or even the first or last name. Thus, it would seem that the civic code wouldn't apply to this computerized data, unless otherwise I experience a breach. By not being a business I think I can handle this. The only thing that has to be legally protected is the email. Is Chevereto's database encrypted by default? If not, looking at the civic code, it basically means I shouldn't even be using this software.
Clipperty
Chevereto Member
When I had a website with 12k users and over 230k images - suddenly the host banned me for: Using it as a personal storage - i uploaded 5 images..(lol)
and rest was members images and IPB(gallery, nexus) with heavy coding, my own coding(oww yesss)
and with awesome pages and stuff like that..
anyways i made my own terms of use / privacy rules - i sent it in to Norwegian IT(datatilsynet - - something like Norwegian Datasomething state stuff),
and they confirmed it was legal to use the terms, SADLY, i can't find the text :/ it was sooo Businesslike that i could have sold it for lots of money(hahaha)..
When you make terms, you should probably send it to some legal state people so they can confirm that you can use it(and save the email for proof, like i did)
and rest was members images and IPB(gallery, nexus) with heavy coding, my own coding(oww yesss)
and with awesome pages and stuff like that..
anyways i made my own terms of use / privacy rules - i sent it in to Norwegian IT(datatilsynet - - something like Norwegian Datasomething state stuff),
and they confirmed it was legal to use the terms, SADLY, i can't find the text :/ it was sooo Businesslike that i could have sold it for lots of money(hahaha)..
When you make terms, you should probably send it to some legal state people so they can confirm that you can use it(and save the email for proof, like i did
)
SirMoo
💖 Chevereto Fan
This isn't a case about where the server is located. This particular part is incase you ever end up in a legal issue. Where do you want the court to happen? If you're not physically in California then you shouldn't put that. You should put your local jurisdiction that way any legal disputes are contractually obligated to take place in your legal area and by your state/country laws.
Far as I know the legislation that applies is the one where your server is. Otherwise all torrent websites and whatnot should be hosted in the USA and just say that the legislation that applies is the one from Sweden or whatever. Everybody knows that best servers are in USA and if things were easy as "hey, I want the laws from Sweden" things will be very different.
It also varies if payments are in the middle, if the company is registered overseas, I mean... Is very complicated how it works beyond the paper.
At best, you should always indicate that you are not reliable for anything, that you offer the service "as is" and that you will cooperate with any law enforcement when needed.
It also varies if payments are in the middle, if the company is registered overseas, I mean... Is very complicated how it works beyond the paper.
At best, you should always indicate that you are not reliable for anything, that you offer the service "as is" and that you will cooperate with any law enforcement when needed.
Last edited:
SirMoo
💖 Chevereto Fan
So there are a couple of ways to look at this.
Customer to Customer issues (lets assume NO laws are broken, simply civil) the physical location of the server does not matter. Only the owners physical location (unless some other things apply but that only matters for big business).
Criminal things... well, then lots of laws apply. But what I mentioned is just a 'civil law' ass covering.
If I wanted to sue you, Rodolfo because I don't feel the product meet claims you made (nothing criminal) I would have to do so in Chile. Not in my state. And not in California where the physical server is located.
If you committed a crime, I could then bring it up in federal court to have the California server removed, but that's... some extremes. There are some loop holes for server and domain location... But that's very hard to exploit in minor civil matters.
Bottom line, when ever you offer a service online... ALWAYS put your local jurisdiction as where you want court to take place. That way the law is generally on your side.
The American FBI has gone overseas and seized servers from Canada, Hong Kong, New Zealand, Australia, United Kingdom and China before. There really is no safe place on this planet from such laws. The United States does have absolute law control over ICANN, even though it's meant to be an independent offshoot of our military. They can still seize domains.
I am going to add an as is clause.
I am going to add an as is clause.
SirMoo
💖 Chevereto Fan
Well, yeah. Most of those countries you mentioned are Five Eyes nations, and we have pretty major deals with them to share intelligence and law enforcement data. There are mutual 'a crime for us is a crime for you' style policies so... HK/CN are a bit odd in this case, but there are often agreements made if both sides are willing to share something.
Since most .tld are owned by US companies it's VERY easy for them to seize a domain however.
US government no longer has input into what ICANN does I don't believe since they moved to to a non-government control.