Eccie Terms of Service - Copyrights - Provider Pictures

[jacklongley]

Originally Posted by johnnylongcaulking

All materials contained on the Web Site are protected by copyright, and are owned or controlled by Company. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Web Site. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Company.

What's the original purpose of this language? This sounds like the same boilerplate every website uses, thinking it provides some sort of legal protection without wanting to engage an attorney who specializes in copyright, contracts, warranties, and the like.

I couldn't agree with brickmonster more. I think this is really just going to cause more problems than solve. Not the least of which, it killed any hard on I had reading the reviews and ads. Obligatory YMMV

[69er]

I personally think the ladies should be worried about that comment. It means the site has no legal requirement to take down postings that may contain pictures or other information the providers consider to be owned by them, as once they post them, they have given a joint copyright to ECCIE.

I also think the section of the agreement that states that users of the site cannot post advertisements calls into question the validity of the "Terms of Service". The site has entire forums in each city that exist soley for the purpose of users advertising in those forums. The site even calls it advertising.

I don't understand how they could have read the "Terms of Service" and decided that this wouldn't cause them problems... at least the way they are written now.

[LazurusLong]

ECCIE claims ownership of any photo or material posted on their site?

Wow.

That means that when some pimp posts photos and ads for a woman who has not yet attained the age of 18, which here in the Republic of Texas to the best of my understanding, is a felony, ECCIE has assumed a huge legal liability.

The owners really might want to re-think this.

Bad enough that reviews of providers have not turned 18 are still left on the site but each and every ad and photo can increase the counts.

[Tiger Woods]

Originally Posted by LazurusLong

ECCIE claims ownership of any photo or material posted on their site?

Wow.

That means that when some pimp posts photos and ads for a woman who has not yet attained the age of 18, which here in the Republic of Texas to the best of my understanding, is a felony, ECCIE has assumed a huge legal liability.

The owners really might want to re-think this.

Bad enough that reviews of providers have not turned 18 are still left on the site but each and every ad and photo can increase the counts.

of course they own the photos. They own the website, they own what is hosted on their server. This isn't some cloud floating around.

Using your logic, any child porn site can claim the content isn't theirs so they can't be prosecuted. The responsibility is inherent with owning the site.

[LazurusLong]

Tiger,

I've seen websites where users post images and engage in discussions where the site owners clearly state they are not responsible for any material uploaded by a member.

Does ECCIE assume an ownership stake in images that are well known and even trademarked?

[johnnylongcaulking]

Originally Posted by Tiffani Jameson

I think that means that ECCIE has our back when it comes to people stealing pictures from this site. It's not like we don't have the ability to manipulate them, or even take them down. But if you copy a picture and post it for the purpose of making money or slander, you could be sued. Or something to that effect...

While you may have the warm fuzzies about ECCIE ownership's intentions, the legal ramifications of the wording used in the TOS mean that you (if they can prove it is you) agree that anything (ANYTHING) you post here is THEIR property. That's called a contract. Now enforcing that contract may be difficult but yeah...warm fuzzies should NEVER trump the written word of an agreement/contract.

[johnnylongcaulking]

By posting messages, uploading files, inputting data, or engaging in any other form of communication (individually or collectively, "Communications") to the Web Site, you hereby grant to Company a perpetual, worldwide, irrevocable, unrestricted, exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, register for copyright protection, sue for damages for infringement, and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

So not only are they claiming ownership of all materials but they are also claiming rights to profit from those materials with or without your consent. Since you are clicking the "I agree" box, you are giving them consent.

Furthermore, the TOS reads:

Accessing, using, registering, or posting content to the Web Site constitutes acceptance by you of this Agreement in its entirety.

Lastly to Tiger's comment, the TOS reads:

Company does not and cannot review all materials posted to the Web Site by users, and Company is not responsible for any such materials posted by users.

They claim all the benefits of ownership of posted materials but deny liability for any of posted material. I need to write more contracts like this!!!

[Tiger Woods]

Originally Posted by johnnylongcaulking

Lastly to Tiger's comment, the TOS reads:

Company does not and cannot review all materials posted to the Web Site by users, and Company is not responsible for any such materials posted by users.

They claim all the benefits of ownership of posted materials but deny liability for any of posted material. I need to write more contracts like this!!!

Exactly, you cannot write a disclaimer that eliminates your liability from Federal Laws pertaining to copyrights or child pornography.

It sounds good, but it would never pass. Push comes to shove, the ownership would have to show that they made reasonable efforts to control the content and abide by the applicable laws. Merely stating you cannot review all materials posted isn't a defense.

Also, it has always amazed me that they have permitted hijacking content from other sites (Backpage ads in particular), in part or in whole, without removing them. Posting links are ok, but copy & paste or embedding from another website without their permission is a no-no.

[Tiger Woods]

Originally Posted by LazurusLong

Tiger,

I've seen websites where users post images and engage in discussions where the site owners clearly state they are not responsible for any material uploaded by a member.

Does ECCIE assume an ownership stake in images that are well known and even trademarked?

I believe what they are trying to say is they own all the content of the site, even the stolen, copyrighted material.

In other words, someone could embed a video from the CNN website in their post, which is clearly the copyright protected property of CNN. And ECCIE claims it is now their property. Kinda like finders keepers.

[FunwithRandy]

Damn - I was going to publish what is sure to be a bigger hit than Harry Fucking Potter on here, but I guess I won't now that I know I won't own the damn thing...

lol

It is a standard CYA agreement when users can submit content, else they open themselves to all kind of risks.

[LazurusLong]

Why do I keep thinking of those worthless disclaimers you see on escort websites and in so many ads?

[sensualsanaa]

Originally Posted by johnnylongcaulking

By posting messages, uploading files, inputting data, or engaging in any other form of communication (individually or collectively, "Communications") to the Web Site, you hereby grant to Company a perpetual, worldwide, irrevocable, unrestricted, exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, register for copyright protection, sue for damages for infringement, and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

This also rubbed me the wrong way. It's odd to me that anything posted here is open to manipulation and profit but only for Eccie. I've seen some EPIC post here that could probably make a pretty penny (think some of those crazy TOFTT post). These are huge claims to make.

[Tiger Woods]

Originally Posted by FunwithRandy

Damn - I was going to publish what is sure to be a bigger hit than Harry Fucking Potter on here, but I guess I won't now that I know I won't own the damn thing...

lol

It is a standard CYA agreement when users can submit content, else they open themselves to all kind of risks.

If I remember correctly, Napster used a similar TOS...and we all know how that story ended.

I'd speculate that this recent change is in response to the parody ECCIE site that was started. Ownership may be trying to structure a way to legally eliminate that sites hijacking of content from here.

[LovingKayla]

Originally Posted by Bubba3452

Lacy, I will set up my webcam for you so you can watch it live

Can I get in on this? Where does the line start? How much!!

[guest061212-1]

I don't know why anyone would worry about the new TOS if they aren't stealing the contents of the site here and reposting it elsewhere.