Eccie Terms of Service - Copyrights - Provider Pictures

[LazurusLong]

Originally Posted by J.G. Wentworth

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.

Are you shitting me?

People on this site worry whether the damn sun will rise in the morning or not and full blown panic sets in when the site is down or worse, when Chat is busted.

This is just one more thing for folks to "discuss".

And create drama from.

[administrator]

Well said, from the master on the subject.

[Chainsaw Anthropologist]

J.G.,
I think you fired one across someone's bow!



c.a.







.

[Fort Worth Punk]

No offense to the owners, but whoever is providing your legal advise, fire them. Not a lawyer but I seal with enough lawyers and lawsuits daily any you guys are getting screwed and getting legal advise. If half this shit were to go to court you'd not only lose, you'd end up in worse trouble than when the suit started.

I tell our lawyers when to sue, and often what the argument is, and I would kill to have your legal counsel as our opposition, and we already win much more than what we lose.

[Fort Worth Punk]

Originally Posted by Fort Worth Punk

No offense to the owners, but whoever is providing your legal advise, fire them. Not a lawyer but I seal with enough lawyers and lawsuits daily any you guys are getting screwed and getting legal advise. If half this shit were to go to court you'd not only lose, you'd end up in worse trouble than when the suit started.

I tell our lawyers when to sue, and often what the argument is, and I would kill to have your legal counsel as our opposition, and we already win much more than what we lose.

Made that deal. I can't type for shit.

[69er]

Originally Posted by J.G. Wentworth

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.

I don't think there are any real issues in the TOS for the reviewers. I expect that when I give a review here, or make a posting, that the content that is posted becomes the property of ECCIE. I have given them a copyright, and I also have the right to retain the material for my own use. I do not have control of what is posted here at ECCIE once I hit the submit button, it becomes theirs to do with, as they please.

The issue arrises for advertisers, and those who have showcases. The way the TOS is now written, the information posted here, and all copyrights to that, becomes the property of ECCIE, and they have unrevocable rights to that info.

So, you say what is the problem with that. Well, I haven't seen ECCIE abuse those rights, but the TOS leave it open for them to use them in any way they see fit. For example, do you think the ladies would be happy if the pictures they post for showcases start getting sold as stock photos to sites selling dating services? I would bet they would not be happy with this. But, the TOS as now written give ECCIE that right. I have no idea if they will use it or not, but they could. That is the problem, that the TOS lacks provisions to limit the rights ECCIE asserts.

The way the TOS are written is great for ECCIE, but it sucks (In my opinion and analysis) for the ladies.

[administrator]

Ladies,

I won't sell your pictures.

I promise.

St. C

[69er]

Originally Posted by St.Christopher

Ladies,

I won't sell your pictures.

I promise.

St. C

So, why not write the TOS to make it clear how you will use the information, rather than claiming all rights to everything in perpetuity?

I'm guessing that you don't intend to do such things, but legal agreements aren't about intentions. Why not write that section to be clear what you allow users to do, and not do with information they upload. Some ladies might want to make sure that if they decide to remove their showcase, that they are able to remove all their pictures, so do you agree to give them that right? If so, why not say so.

Put yourself in their shoes, and write the agreement fairly. If you ever end up in court, that will hold you in a much better postition, than saying you own all rights to everything irrevocably.

[guest061212-1]

Are you really arguing the language of the TOS here?

Is it going to stop you from enjoying the site in the same manner in which you did before?

Lemme translate the lawyerese for you: " Please don't copy all of our shit, motherfuckers!"

Fuck. It is not rocket science. It is not even bottle rocket science.


shakin my head.....

[Little Stevie]

Ah, the wisdom of the owners and the programmers!
You have to check the newly-commandeered "over 18 box" where it now says you will agree to the "terms of service" BEFORE you can log in to read the terms of service.

LOL

It's possible to enter the site and try to do a search and get the TOS agreement to come up and so you can read it without logging in but they could let you in to read it rather than making you "OK" the TOS TWICE.

P411 has an easily navigated and well-respected venue and it looks better and more feature rich all the time.

Here, the absence of pricing info on ads and now infractions for mentioning any services means that multiple cross checking is an everyday pain in the butt.

P411 often lists services so you don't have to go elsewhere to see if the girl advertises a certain acronym you might like.

Here, showcases where providers are allowed to post false information and incomplete data have become all too frequent.

Even when those errors are RTM'ed or brought to the attention of a mod, nothing is done to ask the showcase owner to correct the errors. I reported several easily substantiated errors - substantiated by review info and even in the providers' own ads - and was told by the powers that be that they had better things to do than to police the showcases. Hell, I was pulling over the speeders and writing up the infraction. How much more trouble would it have been to simply copy my error report and send it to the person to correct?

Blah, blah, blah - seems like just a sign of too many members and the corresponding inevitable decline in customer service.

The P411 ad board has links to showcases, pricing, a PM feature and even an appointment request form and a favorites database. There is a forum, too.

Eccie hasn't figured out a way to keep Dallas girls from posting Fort Worth ads even with no Fort Worth incalls and vice versa for Fort Worth girls clogging up the Dallas ad board with no incall in Dallas.

Rant over.

If Gina can do it, why can't ECCIE?

[johnnylongcaulking]

Originally Posted by St.Christopher

Ladies,

I won't sell your pictures.

I promise.

St. C

This Agreement constitutes the entire agreement between Company and you with respect to your use of the Web Site. Any cause of action you may have with respect to your use of the Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Company disclaims any and all responsibility for content contained in any third party materials provided through links from the Web Site.

This means, your subsequent word, which not being attached to the TOS document is not legally binding as it is not part of the TOS as either an addendum or an revised version. That's not to say you won't keep your word and not sell or take ownership of their material, but they cannot hold you liable if you do.

It's a simple concept, you own the corkboard where people post their notes, missives and advertisements. If you don't like what's on your corkboard, you reserve the right to throw it away. You do not own the copyright material that others post here. You may charge them a fee for posting it here but you don't own it. They own it if they obtained copyrights prior to posting it on your corkboard. Sorry Sir but your TOS really sucks balls in regards to the rights of intellectual property. Thankfully, I do not have intellectual property on this board or I would have to cease using it for my amusement as I follow the fictitious adventures of others.

[johnnylongcaulking]

Originally Posted by J.G. Wentworth

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.

It honestly doesn't look like ladies are either aware or concerned about the new TOS. So that part is in your and the owner's favor. As to why someone would be concerned about the TOS if they aren't stealing the contents of the site here and reposting it elsewhere. Really? That's your counter-argument? That's called deflection. The issue I raised (as the OP) was to inquire how the ladies felt about the fact that the board's owners, St. C and associates (if he has co-owners), claim legal ownership of the pics that ladies may or may not have already copyrighted. Intellectual property rights are so fundamentally an important issue that the authors of the Constitution of the United States of America daned to speak on them in, you guessed it, the Constitution. Don't try to twist the intent of this thread into some leaker mole hunt. [edit]

[TBONE]

Originally Posted by St.Christopher

Ladies,

I won't sell your pictures.

I promise.

St. C

I'd check his wallet for snapshots though...

T

[LazurusLong]

Originally Posted by J.G. Wentworth

Are you really arguing the language of the TOS here?

Is it going to stop you from enjoying the site in the same manner in which you did before?

Lemme translate the lawyerese for you: " Please don't copy all of our shit, motherfuckers!"

Fuck. It is not rocket science. It is not even bottle rocket science.


shakin my head.....

No shit. I hit Agree the moment it popped up.

Discussing the language of the TOS is much like debating the spelling and grammar of provider ads when the bottom line is can she suck and fuck well enough for me to spend my cash even if she dropped out of junior high.

[Krunkman]

The language being posted as part of the TOS is pretty standard. I do contracts all the time, and we include things in there that probably could be tossed in a court of law (judges can toss anything... that's why there are appeals courts).

The bottom line is that in the digital age the technology is far outpacing the laws. Lawmakers don't know shit about digital things, and people are constantly pushing the boundaries. The owners can post whatever they like, and you, the user, are acknowledging their rights by clicking on that button. Will it hold up in court? Well, somebody is gonna have to see if they want proof.

As far as their getting to own copyright imagery uploaded...well, by taking the photo the photographer (often the person holding the smartphone) automatically owns a copyright to that image. If those images are uploaded illegally (say the girl's management for the sake of argument does it) then the girl in question had those images uploaded illegally, and the board would legally have to take them down if served with court paperwork.

But all of this is rather meaningless unless there IS court action. The courts have reasonably upheld that ISP's and their ilk are not responsible for the actions of their users. However ISP's also don't claim to take ownership of information.

So if this issue is really burning your butt, you have a couple of options - first don't post here. That will solve the issue. Or, upload copyrighted content and then find an attorney to bring suit against the board owners for illegal use of copyrighted material. Then sit back, write a bunch of checks to pay for the aforementioned lawyer, and wait and see what happens.

Or just say screw it, have a beer and go spend your court costs on a deserving lady.