legal stealing?

[thermosoflask]

WELL im kinda happy with the new terms, and will probably upload some pics mainly ones that went wrong so hopefully they wont be woth stealing lol been a interesting debate, much love an huggssss John. xx

[Marcus Hawkins]

Hello happypaddler

Thanks for your feedback.

The term 'associated newsletters' refers to the email newsletters we send out - if you have signed up to the mailing list, you will have received one on Friday. In the newsletters, we highlight and provide links to key features of the site, such as the galleries, picture of the day etc.

I'm afraid you assume incorrectly about a member of staff downloading an image that they may want to use in the future. We don't routinely do this because of the fact that these images may be deleted by the owner by the time we may wish to highlight them in a newsletter, or direct other members to them through a blog etc. We generally bookmark a gallery/image we like - if it's removed prior to us directing people to it, then no problem, we have others we can look at.

However, the difficulty comes when we print a PhotoRadar advertisement in a magazine, say, which includes screenshots taken from the site, showing the homepage with picture of the day, or featured photographer, or recent uploads. Due to lead times, an image may have been removed from the site between the advertisment being finished and appearing in print. This was what I meant by it being impracticable for the team to keep track of images that have been removed from the site and so remove them from screenshots - apologies if that wasn't clear.

With respect to your point about video, we have no intention to deceive here. I plan to add this to the photo/image paragraph in Section 5 once we start to offer a video upload facility.

Best wishes

Marcus

Hi Marcus,

Thanks once more for a reply - I see no issue with your explanation re deleted photos... unless the lead time is something silly like over a month... it is a fair expectation on Futures part to be able to use an image if its there when compiling a newsletter.

Also your reply in relation to the other paragraph:

“With respect to all other Content you upload, post or otherwise transmit to the Website, you grant Future and its group companies a non-exclusive, royalty free, sub-licensable, perpetual, world-wide licence to use, modify, publish, publicly perform, publicly display and distribute such Content (in whole or part): (i) on and through the Website and Website Service; and (ii) in any other form or medium now known or later developed.”

My example of a video upload, was just that, an example only. Why is that paragraph even included? Exactly what content that we possibly may "upload, post or otherwise transmit to the Website" is future seeking to have rights over? Arguably my words posted here could be used (its a public forum so thats possible anyway - but lets pretend that its a closed members site - where only those who sign in can view the threads) by future for whatever reason they wish....

Unless you change the T & C's further this is the last area I am seeking clarification on.

Cheers.

[thermosoflask]

Aint that just perfect, we spend weeks arguing about the terms here, and when they are more acceptable, you bloody well cant get your pics to upload, lol at the irony of it all ** huggsss** John

[Amy Davies]

Hi John,

Would you be able to tell me some more details about what's happening when you try to upload a photo so we can investigate the problem?

Also helpful is the type of file, the size, the operating system and the browser you are using. If you have any screenshots please feel free to post them also and hopefully we can get this sorted for you.

Thanks,

Amy

[thermosoflask]

well i click upload photo find my photo click upload get this page with question marks and a drop down box which says albums and thats it . op sys xp2 file type jpeg, size 100k, browser IE. just seems that the upload prog dont load properly, gonna have another go now will let you know how it goes John.xx

[thermosoflask]

NAH same as before though it did say only files with jpg can be uploaded mine are JPG lol does caps make a difference? im uploading from my desktop not a online site. cheers John.xx

[OldBoy]

Knowing the software used on this site then yes, it could make a difference. It could also be because you've miss the dot from infront of the extentsion as .jpg.

Marcus,

I'm assuming you have been in contact with the legal dept re my last question. Have you had any reply yet?

[thermosoflask]

well managed to upload a photo on the first part but part 2 is still a green space with scatted question marks and a drop down menu saying albums. gone to my home page and cant seem to find out how to create a album lol gonna give up dont think you lot would wanna see my photo's anyway as there all of naked woman lmaoooooooooo John. xx