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A n d e r s e n S t u d i o D a y s and N i g h t s |
A Short layman's comparison between the Google Terms of Service with NECD Terms of Service
(Or why I decided to trust Google and to distrust NECD)
GOOGLE:11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Google to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services. New England Cultural Data Base:8. License. By submitting any content to Our site, You grant to Us a perpetual, unlimited, irrevocable, royalty-free, non-exclusive, assignable, and worldwide license, to make, copy, perform, publish, display, distribute, transmit, translate, modify, prepare derivative works and use the content in other works in any form, media, or technology now known or hereinafter developed for the full term of any rights that may exist in that content. You also agree to waive and never assert any moral rights that You may have in the content submitted to Us.
GOOGLE:8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Google (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Google or by the owners of that Content, in a separate agreement. 9.4 Other than the limited license set forth in Section 11, Google acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Google, you agree that you are responsible for protecting and enforcing those rights and that Google has no obligation to do so on your behalf. 13.1 The Terms will continue to apply until terminated by either you or Google as set out below. 13.2 If you want to terminate your legal agreement with Google, you may do so by (a) notifying Google at any time and (b) closing your accounts for all of the Services which you use, where Google has made this option available to you. Your notice should be sent, in writing, to Google’s address which is set out at the beginning of these Terms. 20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. 20.7 The Terms, and your relationship with Google under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Google shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. |
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The NECD TOS states that NECD is under no contractual obligation to undertake or refrain from taking "any particular course of action". The definition of a "course of action" is wide open to interpretation. The NECD ,"Good Samaritan Content and Complaint Procedures Policy" states that the user may not submit content that infringes upon copywrites or intellectual property rights of another party, and suggests that NECD may take action, at times and at it's sole discretion, in support of copywrite protection against third party infringement, but that NECD is not obligated to do so. The user is not protected from copywrite infringement by NECD. NECD asserts "unlimited, irrevocable, royalty-free, non-exclusive, assignable, and worldwide" license over the submitted content, including the right to distribute, reproduce, and modify the submitted content and the right to "assign rights to a third party. NECD is not refrained from taking "any particular course of conduct", even so, the account holder must agree to never assert any legal action against NECD and to waive and never assert any moral rights against NECD. ("NEFA," "We," "Us," "Our") is a a public charity, a corporation with tax-exempt status that operates in partnership with, and is funded by New England state arts agencies. Grants receipients are not exclusive to New England. (See the annual report) Below are some excerpts from the NECD Terms of Service Agreement that supports the above interpretation: New England Cultural Data Base: 10. You assume sole risk and responsibility for contributing Content and for answering, contacting, investigating, meeting, interacting with, soliciting, and/or transacting business with any other users or other respondents to Your Content. UNDER NO CIRCUMSTANCES WE WILL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE ASSOCIATED WITH THE CONTENT CONTRIBUTED, DISSEMINATED, RECEIVED, OR RELIED UPON BY YOU 11.(a) Policy. We have provided opportunities for You to contribute Content to Our site through the NECD. It is Our policy, however, not to allow any Content at this site which may constitute intellectual property infringement; violations of federal, state, or local law; obscene or defamatory material, or may otherwise be unacceptable, inappropriate, or inaccurate. Upon learning of such Content, We will attempt, and You hereby give Us the right, to delete, edit, remove, disable, change, or restrict access to or the availability of Content, which, in Our sole discretion, is otherwise unacceptable, objectionable, or inaccurate. We may or may not notify You about what action is taken with respect to the disputed Content. The provisions of this section are intended to implement this policy but are not in any way intended to impose a contractual obligation upon Us to undertake, or refrain from undertaking, any particular course of conduct. 11.(c)Indemnification/Waiver of Certain Rights. By contacting Us and complaining of an alleged violation, You agree that the substance of Your complaint shall constitute a representation made under the pains and penalties of perjury pursuant to the laws of the Commonwealth of Massachusetts. In addition, You agree, at Your own expense, to defend and indemnify Us and hold Us harmless against all claims which may be asserted against Us, and all losses incurred, as a result of Your complaint and/or Our response to it. d. Waiver of Claims and Remedies. We expect all users of Our site to take responsibility for their own actions and cannot and do not assume liability for any acts of third-parties which take place at Our site. By taking advantage of the Good Samaritan procedures set forth herein, YOU WAIVE ANY AND ALL CLAIMS OR REMEDIES WHICH YOU MIGHT OTHERWISE BE ABLE TO ASSERT AGAINST US UNDER ANY THEORY OF LAW (INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY LAWS) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE CONTENT AT THIS SITE OR OUR RESPONSE, OR FAILURE TO RESPOND, TO A COMPLAINT. e. Investigation/Liability Limitation. You agree that We have the right, but not the obligation, to investigate any complaint received. By reserving this right, We do not undertake any responsibility in fact to investigate complaints or to remove, edit, disable, or restrict access to or the availability of content. We will not act on complaints that We believe, in Our sole discretion, to be deficient or incomplete. If You believe that content remains on this site which violates Your rights, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE AGAINST THE USER OR OTHER PARTY RESPONSIBLE FOR SAID CONTENT, NOT AGAINST US. AS STATED IN SECTION 14, YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US SHALL BE TO TERMINATE YOUR USE OF THIS SITE AND SERVICE.
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See Andersen Studio Days and Nights for more.
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Last Update: 7/22/2007 Web Author: Mackenzie Andersen Copyright ©2001 by andersen studio - ALL RIGHTS RESERVED |
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