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DON'T JOIN SHOPAXEOr “How I Learned To Keep Worrying and Love Reading Fine Print”
This morning I received a very pleasant, complimentary note from a group on deviantART supporting a site called SHOPAXE, which is supposed to be something like deviantART but more professional. I was asked if I would be interested in joining their site, most particularly posting my portfolio there to help bolster numbers while they get off the ground. I’m always up for helping new sites get their running shoes on (I do web design partially for this exact reason) so I checked it out.
The first thing I noticed was how disorganized the front page seems to be, followed by the running ticker of things people have recently bought. So this is a commercial based site rather than a community based one, that’s fine. I read through their information, and found no mention of intellectual rights, commercial usage, etc, so I went looking for their Terms of Service. Like most sites, it’s at the veeeery bottom of the page, in the tiny tiny links along the footer.
Overall the terms seemed fairly normal (you must own copyright to everything you post, no theft or plagiarism, etc) until I got to the clause titled “Use of Information and Member Content.” This is what I was looking for.
And this, folks, is why I ALWAYS read the fine print.
I’m going to break this down.
All remarks, suggestions, ideas, graphics, Member Content, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property.
If you upload something to SHOPAXE, they own it.
But wait, you say, doesn’t deviantART have a similar clause, for use in advertising, Daily Deviation selection, etc? Yes, yes they do. What deviantART’s terms lack, however, is the following.
To the extent that such Submission contains copyrighted, either owned by you or licensed to you, you grant Shopaxe a perpetual, irrevocable, royalty-free, world-wide license to use such Submission as we see fit, in any form whether on our Website or elsewhere. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our Service or other operations.
If you submit something to SHOPAXE, not only do they have the right to use the image however they want, but they can also copy the concept if they like it, and there is nothing you can do about it. That logo you created for a local company? It’s pretty cool, and they want to make something identical for their own use. Because of this clause, they are allowed. There is nothing you can do.
Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
They can use your work, sell your work, do whatever they want with your work, and they neither have to compensate nor notify you that they’re doing it. Furthermore, you’re the one who maintains the legal responsibility of the piece, meaning if they put something into print that contains copyrighted material (eg: fanart, commercial fonts, etc) and get sued for it, the artist is the one responsible for handling the suit. The artist, who might not even know that their piece has been used commercially, will be the one to go to court over it.
This is why it’s so important to always, ALWAYS read the ToS on a new creative works site you’re joining.
Legal rights violated?When can the police stop and search you
The police can stop and search you without having a search warrant if they suspect you of being in possession of:-
- drugs; and/or
- an offensive weapon; and/or
- stolen property; and/or
- alcohol if you are at certain major football or rugby matches or on public transport travelling to such an event; and/or
- evidence in relation to an offence under the Protection of Wild Mammals (Scotland) Act 2002; and/or
- cash or the cash equivalent of £1,000 or more and that this is the result of criminal activity
- fireworks that you intend to use anti-socially.
This being the law, how does it work when you are set-up! Journeying to a well deserved holiday only to be stopped and searched by the police. Her life savings were taken away from her and when the matter went to court, sums of cash were missing from the total amount.
Now is this right?
-True story, what are your thoughts? Surely the premises is innocent until proven guilty however this woman had to prove her innocence only to be judged as guilty.
This case continues.
Would Your 15-Year Old Go Home or Be Arrested?
Recently, the 15-year old daughter of one our members was riding home from a youth church event. There were two other passengers under 16 in the car with her and the driver was 18 years old. The driver was pulled over and had a small amount of marijuana in his possession. The officer proceeded to arrest the driver and other kids in the car.
The daughter of our member asked if she could call her father and was told no. She then asked if she could call her attorney (because she carries a LegalShield card with her at all times) and the officer chuckled at her and said, “Of course”. She was the only one of those kids that wasn’t arrested that night because she exercised her legal rights.
Sometimes kids unknowingly get themselves into situations that are not their doing. That call to her attorney took place on a Sunday evening. $17 a month is a small price to pay for that kind of peace of mind. That’s why I LOVE LegalShield and think everyone should protect themselves and their family with it. To find out more about it visit: cfabianisaacs.legalshield.com.
Follow Up: Students' Legal Medical Rights Being Ignored at Simon's Rock
After my roommate was forcibly removed from campus with about three hours’ notice, I have been collecting stories about what has been happening at Simon’s Rock, and there have been a surprising number of other students or ex-students who have come to me about things that have happened to them. The following is an abridged account of the administration completely ignoring a student’s legal medical rights:
I'm not really sure what all the flap is about the NDAA/2012 being passed.
The NDAA is a bill that’s passed every year, granting funds for national defense and specifying how those funds may or may not be used.
The only thing different I see this year is that it spells out foreign terrorists part of a terrorist organization who have been caught planning or carrying out a terrorist attack are to be treated as war criminals rather than “simple” criminals. An example would be the Christmas Day Bomber.
There’s also a specific exemption for U.S. citizens.
As far as I’m aware, only U.S. citizens are granted the privileges of U.S. Constitutional rights. That’s kinda the whole point of being a “citizen.” But even if we were to grant those same rights to non-citizens, I really don’t have a problem with terrorists being treated as war criminals rather than “simple” criminals - particularly given our civilian legal system where so many criminals get off easy. People who blow up (or try to blow up) other people should not get off on a “technicality.”
Here’s the House summary, if you’d like to check it out.
You have constitutional rights regardless of your immigration status.
The only rights that you do not have if you are undocumented are the right to bear arms and the right to vote.
Regardless of your immigration status, you have the legal right to:
- Free speech, freedom of religion, freedom of the press, freedom of assembly, and the right to petition
- Protection from unreasonable search and seizure (not counting the “Border Exception” - which, as it states, is only applicable along the borders)
- Due process
- Trial by jury, speedy and public trial, and the right to counsel
- Freedom from cruel and unusual punishment
Regardless of immigration status, you have the rights to life, the right to be free from torture and slavery, and other humanitarian laws set forth in the Universal Declaration of Human Rights.
Although you may have crossed the border without authorization, your presence in this country is not a crime. Crossing without documents is a crime, but your presence here is not.
Do you want FACEBOOK to have the publishing rights to all your photos?
I GUESS NOT. Do these steps to change your settings because if you don’t you’ll be giving Facebook all copyright and legal rights to all materials you upload.
Here are the steps:
- Go to ACCOUNT
- Go to ACCOUNT SETTINGS
- Click the FACEBOOK ADS tab
- Click on ‘Edit third party ad settings’
- Change setting to ‘No One’
By doing this you retain your right to your content.