Coachsurfing Terms of agreement

[franco....@gmail.com]

Hi everybody,

I write here because maybe someone in this list can asnwer the
questions I have... hopefully...

Finally, after thinking too much about it, I had decided to join
Coachsurfing (and since most of the people in Brussels are there
anyway ;-)

So I filled in the form and so on, until finally I came to the Terms
of Agreement. After reading them, I realised I didnt agree with all of
them... or at least with the interpretation I gave to them...

I am no lawyer... so maybe someone can explain me better how real this
is ?

These are the 2 items I didnt like much:

>>>
5. YOUR CONTENT

5.1 You Grant Us a License. By submitting any content (including
without limitation, your photograph) to our Site, you hereby grant us
a perpetual, worldwide, non-exclusive, royalty-free license to use,
reproduce, display, perform, adapt, modify, distribute, have
distributed and
promote such content in any form, in all media now known or
hereinafter created and for any purpose.
<<<

the part I didnt like was the *perpetual*, the *adapt, modify* and the
*promote such content in any form, in all media now known*
Does this mean that once Im inscribed they *own* my data forever? they
can change it and publish it wherever they want ? And use my picture
as they please? at least this is what I understand...

The second item was:

>>>
11. LEGAL COMPLIANCE. You shall use our Services in a manner
consistent with any and all applicable local, state, national and
international
laws and regulations, including, but not limited to, United States
export-control laws. You hereby represent and warrant to us that you
are not
(a) located in, under the control of, or a national or resident of
any country to which the United States has embargoed goods or
services,
(b) identified as a "Specially Designated National", or
(c) placed on the Commerce Department's Denied Persons List. Without
limiting the foregoing, you are solely responsible for determining
whether
you have complied with travel restrictions to and from certain
countries, including travel to and from countries other than the U.S.
<<<

Ok, I know this one from Terms of Agreements that I have signed with
american companies for work... Such companies normally cannot export
certain things to certain countries... according to the US black list.

But this part *national or resident of any country to which the United
States has embargoed goods or services,*, is this supposed to mean
that Irakians, Iranians or Cubans cannot join this site? So our friend
Maya that comes to Monk every Monday will not be able to join because
she is from Iran? I thought this site was about meeting friendly
people all over the world, right? Not about exporting US goods to
embargoed countries?

So after reading this I have not joined CS yet... maybe Im
misunderstanding things... but I would like to have them clear before
joining...

Thanks for reading!

Cheers!

Franco Pinasco
(Bewelcome: fran01)

[Frank Van den Block]

Hey Franco,

 

i'm not a lawyer either, but i did talk to a week ago to the General Manager of Couchsurfing about this  (mr. Matthew Bauer) and he confirmed to me that your interpretation is pretty accurate.

 

the problem is that these terms of agreements are US-based, and since Couchsurfing is registered in the USA they have to put these regulations on the website.

 

About the ownership of your content : Yes, you understood it correctly. CS can use your pictures, your comments, your data for whatever purpose they want. Matthew Bauer told me that it is not exclusive, so you are entitled to use your pictures, comments etc as well on other websites :)

 

So in short : Yes, you understood the rules correctly. Whether it is enough to make you think twice about joining, is your personal choice.

 

I am sure 99% of the CS members have not read the rules. If they did, they wouldn not put up pictures of beer drinking people, as it is also officially not allowed :)
 

Frank

[Franco Pinasco]

Hi Frank!

Thanks for replying... I was thinking that I was misunderstanding things...

Ok, the Legal Compliance to the US embargoed countries I understand
because they are US based... but I dont agree since they are not
exporting anything out of that country except fiendliness...
(hopefully)

The part where they own my data and can do anything with it, I dont
agree either, and I dont understand why they have this policy...

But for me this is enough not to join... yes, its my personal choice...

Thanks anyway...

Franco

[george70 from cs]

Hi Franco,

USA has another way of looking at (legal) things in general, e.g. a
car manufacturer has to print warning "objects can be closer than you
think" on their rearview mirrors. Some smokers -that knew the way-
got a one billion USD compensation from sigaret manufacturers when
they got cancer. The warning wasn't there on the boxes. Even in
movies, when the cop arrests a bad guy, the arrest starts with
"anything you say can be used against you". Software companies, even
MSFT now that charges money, are releasing more and more softwares
"beta-4-ever" simply to cover their ass as much as possible. That's
what CS is trying to do also. Imagine, member A puts a picture of
member B on his profile and B claims royalties (portrait right) to CS
when A seems to be gone (read: has empty pockets). I was exporting
food stuffs 91-95 to USA, I'll tell you a story that happened next
time we meet, you'll never believe it. Don't be afraid accepting the
CS rules, it's absolutely normal what's there.

Cheers,
George

On Nov 1, 11:01 pm, "Franco Pinasco" <franco.pina...@gmail.com> wrote:
> Hi Frank!
>
> Thanks for replying... I was thinking that I was misunderstanding things...
>
> Ok, the Legal Compliance to the US embargoed countries I understand
> because they are US based... but I dont agree since they are not
> exporting anything out of that country except fiendliness...
> (hopefully)
>
> The part where they own my data and can do anything with it, I dont
> agree either, and I dont understand why they have this policy...
>
> But for me this is enough not to join... yes, its my personal choice...
>
> Thanks anyway...
>
> Franco
>

> On 01/11/2007, Frank Van den Block <levenslangle...@gmail.com> wrote:
>
>
>
> > Hey Franco,
>
> > i'm not a lawyer either, but i did talk to a week ago to the General Manager
> > of Couchsurfing about this (mr. Matthew Bauer) and he confirmed to me that
> > your interpretation is pretty accurate.
>
> > the problem is that these terms of agreements are US-based, and since
> > Couchsurfing is registered in the USA they have to put these regulations on
> > the website.
>
> > About the ownership of your content : Yes, you understood it correctly. CS
> > can use your pictures, your comments, your data for whatever purpose they
> > want. Matthew Bauer told me that it is not exclusive, so you are entitled to
> > use your pictures, comments etc as well on other websites :)
>
> > So in short : Yes, you understood the rules correctly. Whether it is enough
> > to make you think twice about joining, is your personal choice.
>
> > I am sure 99% of the CS members have not read the rules. If they did, they
> > wouldn not put up pictures of beer drinking people, as it is also officially
> > not allowed :)
>

> > Frank- Hide quoted text -
>
> - Show quoted text -