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Anybody read the Pinterest terms? Nice stuff!

Discussion in 'Social Networking Sites' started by salerock, Apr 12, 2012.

  1. salerock

    salerock Registered Member

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    I found this on Pinterest. Basically it's about copyright. You have to be the owner off all content that you upload. When you upload something, Pinterest becomes the owner of that stuff. Is this a common practice in social media world?

    This text is from hxxp://wxx.knoeddotcom/thewindowseat/pinterest-change-your-terms-or-were-leaving/


    I?m pretty new to Pinterest myself, but Kim has used it for awhile. We both love it. But recently, we read an article about their scary Terms of Use. The word is slowly spreading and it?s made a lot of people 1) scared to use their account, or 2) delete their account completely, or 3) continue using it and think nothing bad will happen. At first we felt like #3, but after reading more about it and realizing a possible scenario that could easily happen, we felt like #1 and now we?re at the point of #2.

    If you?re not sure what Pinterest is, it?s a website where you can ?pin? almost any content you find on the internet to your own personal ?boards?. Think of it as a digital corkboard where you can display and organize all the things you love. Other people can view your boards and re-pin your pins to their own boards. Great idea, right?
    It is, except there?s one problem. When you pin anything, you are agreeing that you own whatever you?re pinning or you have permission to do so from the original source. Your contract with Pinterest says:

    ?You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Cold Brew Labs the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Cold Brew Labs? use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party?s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.? source
    But wait? there?s more. You?re also agreeing to let Pinterest sell anything you pin:
    ??By making available any Member Content through the Site, Application or Services, you hereby grant to Cold Brew Labs a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site, Application or Services. Cold Brew Labs does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.? source
    And more. You agree to pay their legal fees:
    ?You agree to defend, indemnify, and hold Cold Brew Labs, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site, Application, Services or Site Content, (ii) your Member Content, or (iii) your violation of these Terms.? source
    And even more. You agree that the entire risk remains with you:
    ?YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND SITE CONTENT REMAINS WITH YOU?? source
    I know I never looked into Pinterest?s Terms & Conditions and I?m not sure if most have. And it seems like the website?s current popularity is a result of people pinning content ?illegally.? All it would take for this to blow up is:

    1. You pin a picture of a cat without permission.
    2. Pinterest sells it to ABC Marketing.
    3. ABC Marketing prints it on kitty litter boxes.
    4. Cat picture owner sees kitty litter box in store and calls lawyer.
    5. Lawyer calls Pinterest.
    6. Pinterest calls you.
    7. Bad things happen.
    For the record, I am not a lawyer and these are my own interpretations of the terms. I encourage you to investigate for yourself and draw your own conclusions. I?m also not trying to attack Pinterest or give them a bad name because I love their site and they have a brilliant idea. The company is only trying to protect themselves ?just in case.? And it would be nice if the law would use common sense in situations like these, but it?s pretty clearly written who is at fault here?you. And the law cares more about written contracts than common sense.

    So, I?m asking all Pinterest users to pin this graphic to their boards to spread the word in hopes that Pinterest will change their terms. Otherwise, we?ll have to cancel our accounts.
    And in case you?re wondering, I hereby give you full permission to use this graphic!
     
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  2. louise1341

    louise1341 Newbie

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    Pinterest updated their terms and conditions on the 6th April and taken out the clause about having permission to sell on your pins to 3rd parties. I read that it was put in because they basically copied their T&C's from another site and hadn't realised the implications.

    I think they've tightened up their views on copyright material as well so before deleting your account it might be worth rechecking the current version on the website.


    Louise
     
  3. salerock

    salerock Registered Member

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    Personally I don't care so much, but I found it interesting.
     
  4. tallblackhat

    tallblackhat Newbie

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    Thanks for the clarification Louise.
     
  5. jontek2

    jontek2 Newbie

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    interesting
     
  6. ComputerEngineer

    ComputerEngineer Senior Member

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    well not surprised
     
  7. maxmyer969

    maxmyer969 Newbie

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    almost scary...
     
  8. jediswift

    jediswift Newbie

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    intersting indeed even though i hate pinterest lol
     
  9. parlenk

    parlenk Junior Member

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    It?s long been said that ?I agree to the terms of service? is the biggest lie on the internet. And even if you do read them, many TOS are so ridden with legalese that you practically need to be a lawyer to understand them. its just like twitpic case.. hmm.. :rolleyes:
     
  10. ber789

    ber789 Junior Member

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    I read on hacker news about a startup that was going to give big companies a rating on how crappy or devious their eulas are. Cannot recall the name but they have yet to launch.
     
  11. deviatus

    deviatus Power Member

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    Seriously?

    The founder of Pinterest was a Yale graduate and worked for Google prior... it makes me feel good thinking the big timers are just as lazy as everyone else.

    Although maybe they would just say that to make it look like they never had any shady intentions.