Does your TOS mean I agree to relinquish my copyright?
"Ownership. By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Service, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/p... ."
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Official
Response
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EMPLOYEE
I’m
here to help
Hi,
I wanted to inform you that we modified our terms and conditions in the following section:
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE.
A. Ownership. By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Service, you represent and warrant that you own all rights in the Content
B. Limited License to Use partner's marks. You hereby grant Wibiya a limited, non-exclusive, fully paid-up, royalty free, worldwide right to use your registered and unregistered trademarks, service marks, trade dress, graphics or logos (Partner Marks) in any of the following: (i) on the Site, any Wibiya blog or newsletter; (ii) on any business development, commercial sales materials, or press releases; (iii) as any part of the Service; (iv) or in any other reasonable manner that a Partner might expect Wibiya to use its Partner Marks.
Let us know if there is anything else we can help with.
Best regards,
Create a customer community for your own organization
Plans starting at $19/month
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EMPLOYEE
I’m
here to help
Hi David,
There is no loss of your copyrights, the TOS are referring to the Wibiya website. This section is just making sure that you are using your own content. -
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Hi Dror - I think you do need to clarify the terms of service urgently to respond to these concerns, and also come up with some more human readable terms of service and privacy policy. Your legal verbage is not adequate.
Thanks,
Tobias -
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EMPLOYEE
I’m
here to help
Hi Tobias,
First, let me assure you that you have full copyrights on the your content.
I understand that the terminology of the TOS might be a bit confusing because of the legal jargon.
I appreciate your feedback and I will pass your comments to our lawyers so they can reinspect our TOS and make the appropriate modifications.
Let me know if there is anything else we can help you with.
Best regards. -
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Thanks, Dror - let me know when it is updated and I'll consider adding your app to the Kabissa site again and recommending it to our members.
Also, since posting this I have explored some more. Your privacy policy is worse than your terms of service. It's clearer but puts users in a vulnerable position.
If both of these are both about just the website and not the dashboard, then you really need to provide a TOS and privacy policy for the dashboard too, or at least explain how it works and how you use the data collected via the dashboard.
Thanks!
Tobias -
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Below is the message I sent to support@wibiya.com a few days ago regarding TOS and Privacy Policy. I thought I'd share it for the benefit of others in the community who might share my concerns. Thanks! -T
Hello,
Dror asked me to get in touch via email with my concerns regarding the Wibiya site Terms of Reference and Privacy Policy. I appreciate the rapid response of your team to resolving technical issues - and hope that we can also get this taken care of just as quickly! As long as it is not resolved I (and others as I have seen in your forums) will remain uneasy about using your dashboard.
The main issue as I see it is that there is only one TOR available - at the bottom of all web pages at http://www.wibiya.com. This links towards the bottom to the privacy policy - but you have to read pretty far into the TOR to see the privacy policy. Both are written in incomprehensible, poorly formatted legalese. This is odd since you are encouraging people to sign up and provide their email addresses but then make it hard for people to see, understand and agree to your terms and privacy policy. Most sites have some info about the way they handle private info like email addresses as you sign up, but you don't.
If you were a typical website or blog, this would not be such a big deal to me (it is to some though and will turn them off) - but you're not just a typical website or blog. You are asking people to sign up and then install a snippet of code on their website to display your dashboard. This is asking for a whole lot of trust in Wibiya without very much information about what that snippet actually does now and what it will do in the future. All we have to go on is the TOR and Privacy Policy, which is fairly unhelpful.
It seems to me that you need to provide additional info on how the dashboard works, what info you gather using the dashboard, and how you use it. I think you also should provide some insights into your roadmap and how you plan to make money with the service.
Some of the questions I have are:
- how does your dashboard actually work?
- what info do you gather about my site visitors? how do you use it?
- what info do you gather about my site? how do you use it?
- what info do you gather from twitter, facebook and other third party sites? how do you use it?
- how do the above 3 fit together? for example, if I am logged into facebook and twitter and then visit my site, do you gather that info and if so what do you do with it?
- what is your roadmap? what features will be added? how will you use data in the future?
- how do you now or plan in the future to make money from the dashboard installed on my site?
Thanks!
Tobias
--
Tobias Eigen
Executive Director
Kabissa - Space for Change in Africa
Membership is free. Join at http://kabissa.org
Become a Facebook Fan: http://facebook.com/kabissa
Follow Kabissa on Twitter: http://twitter.com/kabissa -
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EMPLOYEE
I’m
here to help
Hi,
I wanted to inform you that we modified our terms and conditions in the following section:
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE.
A. Ownership. By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Service, you represent and warrant that you own all rights in the Content
B. Limited License to Use partner's marks. You hereby grant Wibiya a limited, non-exclusive, fully paid-up, royalty free, worldwide right to use your registered and unregistered trademarks, service marks, trade dress, graphics or logos (Partner Marks) in any of the following: (i) on the Site, any Wibiya blog or newsletter; (ii) on any business development, commercial sales materials, or press releases; (iii) as any part of the Service; (iv) or in any other reasonable manner that a Partner might expect Wibiya to use its Partner Marks.
Let us know if there is anything else we can help with.
Best regards, -
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