Hi guys, good points. As Raff and Alan pointed out, these things are quite standard to operate the kind of service we do.
Xavier, you didn't paste the full clause, it reads: As between You and Lagoa, Lagoa does not claim any rights to any Renderings or the intellectual property that You submit to Lagoa for the purpose of creating such Renderings, *For clarity: Lagoa makes no claim over the ownership of the content nor the Renderings; we agree that you are the owner of the content that you create. *In this section, we receive a license to use the data you submit to make, among other things, the Renderings that we are promising to make in the agreement. Without this license, we might not have the right to create the Renderings using the data that you submit and the functions conducted by our servers. If you wanted us to display your Renderings (so that others could view your work), we could not do so without this license. To protect peoples interests, we also added that there are limits to what we can do with the Renderings you create. First, we cannot use the Renderings beyond the privacy settings that you have agreed to. If the content is made private for example we will not display it to anyone other than who you decide to give access to. Second – if you are not a paying customer – we can sublicense more broadly, but only for certain purposes (to promote Lagoa, Lagoa’s models, Lagoa’s services, or you) and only for a limited period of time. So it's quite clear what we do. In other words, we need this clause to operate our service. We give some free storage and some free rendering, and the only way that we plan to use the content (created by our community) is to help the community itself to grow. There are no hidden intentions here and we respect people's privacy. In fact we have some real costumers doing real work in the system – it's been awhile. So it's not like this is a new attempt. It's something proven to work and for some really large companies. I hope that clarifies everything. thanks, -Thiago On 3 April 2013 17:38, Xavier Lapointe <[email protected]> wrote: > I would think it's worth clarifying, because some people seems to be > interpreting the wrong way what it actually is. > > > On Thu, Apr 4, 2013 at 8:09 AM, Alan Fregtman <[email protected]>wrote: > >> Even a "simple" service like Dropbox needs legal BS like that just so >> they can legally produce a thumbnail of a picture in your folders in the >> web view. They got in trouble a while back when someone saw their wording, >> but they clarified it later. (Lagoa should probably clarify their stance >> also.) >> >> >> >> On Wed, Apr 3, 2013 at 12:34 AM, Xavier Lapointe < >> [email protected]> wrote: >> >>> I'm no expert in this so I was just forwarding the response ... from >>> what you've just said it makes sense. And yes, I've no doubt on Thiago q : >>> >>> Cheers >>> >>> >>> On Wed, Apr 3, 2013 at 3:04 PM, Raffaele Fragapane < >>> [email protected]> wrote: >>> >>>> It's pretty standard legal BS for any cloud service, without it they >>>> could be sued for holding onto the files they need to render for you with >>>> the back-end. >>>> I very, very seriously doubt Thiago plans to use without permission any >>>> of the material rendered through teamUp for promotion or sales, but the >>>> gray area of cloud services requires some rather (overly) robust wording on >>>> the fact they have rights on the information you provide. >>>> >>>> They don't acquire the IP or license for distribution in any form with >>>> that, those are the clauses you really have to watch out for. The former is >>>> impossible (illegal) but constitutes vice of form, the latter can plant a >>>> sizeable penis firmly up your colon, especially if you're contracting. >>>> >>>> >>>> On Wed, Apr 3, 2013 at 2:49 PM, Xavier Lapointe < >>>> [email protected]> wrote: >>>> >>>>> More specifically this paragraph: >>>>> >>>>> You hereby grant to Lagoa a non-exclusive, royalty free, paid up, >>>>> worldwide, sublicensable (but only to affiliates of Lagoa) right and >>>>> license to use the information that you submit as part of the Services to >>>>> copy, create, make derivative works of, display, or publicly perform the >>>>> Renderings or any component thereof, provided that Lagoa shall not >>>>> use the Renderings beyond the Privacy Settings that You and Lagoa have >>>>> agreed to as part of the Scope of Services, and provided, further, >>>>> that the license to any Renderings you have created until such time as you >>>>> have paid Lagoa for use of the Services shall be irrevocable and freely >>>>> sublicensable as long as such use of the Renderings is limited to the >>>>> purposes of promoting Lagoa, Lagoa’s models, Lagoa’s services, or You, as >>>>> the artist thereof, from the creation of such Renderings until the date >>>>> that is six (6) months after the expiration or termination of your >>>>> subscription to the Services. You authorize Lagoa, on a royalty-free >>>>> basis, to use and exploit any aggregated data regarding your use of the >>>>> Services along with aggregated data regarding others users’ use of the >>>>> Services, so long as such use does not identify You. >>>>> >>>> >>>> >>>> >>>> -- >>>> Our users will know fear and cower before our software! Ship it! Ship >>>> it and let them flee like the dogs they are! >>>> >>> >>> >>> >>> -- >>> Xavier >>> >> >> > > > -- > Xavier >
