XXX TOS madness

Webmaster Discussion
#1

One more reason not to buy a dot xxx domain.

Here is a small part from their Terms of Service:

Except as otherwise provided in this TOS, you or the owner of any content that you post to ICM Sites retain ownership of all rights, title, and interests in that content. However, by posting content on a Service, you grant us and our assigns, agents, and licensees the irrevocable, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate this content in any medium and through any form of technology or distribution. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content).

When you use a Site feature that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms.

Here are the full terms: http://www.about.xxx/policies/terms-of-service/

#2

Re: XXX TOS madness

I am no lawyer, but that sort of reads like he can do whatever he wants with whatever gets posted, and there is squat you can do about it. Wonder how anyone can accept such a TOS.

Makes me wonder how some Legal Beagles can even support such a program, that is so blatantly dishonest, corrupt, and dispicable.

#3

Re: XXX TOS madness

I am no lawyer either, but indeed that’s what I think it says.

So basicly, if they want, ICM or an affiliated company could start the next pornhub or tube8 with content that has been posted on any xxx site without having to worry about legal consequences.

#4

Re: XXX TOS madness

Wow! I’m picking myself up off the floor on this one.

#5

Re: XXX TOS madness

[QUOTE=pocoloco;106945]I am no lawyer either, but indeed that’s what I think it says.

So basicly, if they want, ICM or an affiliated company could start the next pornhub or tube8 with content that has been posted on any xxx site without having to worry about legal consequences.[/QUOTE]

That is how I see it, Now maybe there are some legal niceties that says otherwise, but I question further the so called independent panel, of which we have several industry people on it, can not be up in arms over these TOS.

#6

Re: XXX TOS madness

But this cannot be true! Lawley and the whole .XXX gang have proven themselves to be moral, just and only doing this to “protect the kids and support the industry”! I simply don’t believe that they could actually suggest doing this, nothing about them has led me to remotely believe, even for a second, that they would actually intend to behave in anything other than a moral and professional fashion.

lol

In all honesty, nothing about .XXX or Lawley surprises or shocks me. I’m actually more surprised that people are surprised at this. :wink:

#7

Re: XXX TOS madness

I don’t believe they are referring to domains that you register. Just sites that ICM owns. I could be wrong…

#8

Re: XXX TOS madness

Lloyd may be right. They claim to be implementing upcoming .xxx search, traffic and resource portals so might be referring to if you post content to their own website portals. I posed this question to them directly though so I’ll let you know what they say.

#9

Re: XXX TOS madness

Holy crap!!! Chad, you are on the “in” on this, what’s your opinion?

#10

Re: XXX TOS madness

The good news is that the industry’s .xxx boycott has had a significant impact. Today, a domain analyst with access to the .xxx root zone file published the numbers. And the numbers add up to utter failure for .xxx. As of this morning, only about 95,000 domains have been registered. Of those 95,000 registrations, 83,4000 are by colleges, universities, and mainstream businesses permanently blocking their names. 14,400 domains were registered by adult companies or companies that intend to enter the adult market. Of those 14,400 domains, 3200 are parked at Domain Control and 4000 are parked at various other parking services.

ICM can lie all they want because the numbers tell the truth. And, what these numbers say is that .xxx is pretty much an empty TLD.

http://jl.ly/ICANN/xxxzone.html

#11

Re: XXX TOS madness

Oh that’s interesting news … and just an FYI, it’ll get even better in January.

After the holidays, I’ll be announcing a grassroots initiative that will hopefully allow us to put another nail in this coffin. Look for it after the holidays.

#12

Re: XXX TOS madness

Ooh, Michael, you tease!

I can’t wait to see how this progresses.
If for no other reason, there are now a few arrogant fools on other adult boards I’d love to laugh at when .XXX completely fails. lol

#13

Re: XXX TOS madness

[QUOTE=conran;106999]Ooh, Michael, you tease!

I can’t wait to see how this progresses.
If for no other reason, there are now a few arrogant fools on other adult boards I’d love to laugh at when .XXX completely fails. lol[/QUOTE]

Let’s just keep our noses to the grind stone and fingers crossed on this one! It’s showing some positive forward motion in our favor, let’s just hope it doesn’t run out of steam!

#14

Re: XXX TOS madness

That is indeed a very interesting article and further proof that .xxx is largely just a money grab. They claim they are charging $100.00 ($62.00 wholesale) per domain so Domain Owners get all these ‘value added services,’ but the fact that 85% of domains are blank or parked is proof they were registered out of fear and that most people don’t want them.

#15

Re: XXX TOS madness

On another note, this is their response regarding the TOS:

Absolutely not. Those TOS apply ONLY to OUR sites (icmregistry.com, icm.xxx, about.xxx, buy.xxx, etc.). For example if we had blogs, etc and someone posted comments or responses to them. They do not apply to registrants sites in any way.

Unfortunately it looks like they are not going to do anything about my complaints to them about the unfair prices for defensive registrations, or about making the IFFOR policies having to be voted on by domain owners. With high domain prices, an industry wide boycott by some of the top traffic sites, a pending lawsuit with Manwin and still very little in the way of compensation or willingness to give adult Webmasters and Domain Owners power and authority in a democratic fashion, I’m pretty sure the downward spiral of .xxx is going to continue.

#16

Re: XXX TOS madness

You are absolutely right Danny. I would think that Manwin’s lawyers find these numbers interesting as well. This information has to be useful for both their IRP and their law suit.

#17

Re: XXX TOS madness

[QUOTE=dannyz;107004]On another note, this is their response regarding the TOS:

Unfortunately it looks like they are not going to do anything about my complaints to them about the unfair prices for defensive registrations, or about making the IFFOR policies having to be voted on by domain owners. With high domain prices, an industry wide boycott by some of the top traffic sites, a pending lawsuit with Manwin and still very little in the way of compensation or willingness to give adult Webmasters and Domain Owners power and authority in a democratic fashion, I’m pretty sure the downward spiral of .xxx is going to continue.[/QUOTE]

Call me stupid, but IF that reply is TRUE, then why does it even have to be in their TOS? I mean it is THEIR SITES, and not like you are I are going to be adding content to their sites, so why in blazes would it be in the general TOS for everyone? Sounds to me like it is somehow a loophole, that COULD BE APPLIED to everyone, when the time comes for them to cover their asses for copyright violations.

Course they aren’t Danny, IFFOR is nothing but window dressing, and all who quickly opted to try and become part of the process are either fooling themselves, or have a different agenda. Lawley listens to no one, but the odd voices in his own greedy mind.

#18

Re: XXX TOS madness

Course they aren’t Danny, IFFOR is nothing but window dressing, and all who quickly opted to try and become part of the process are either fooling themselves, or have a different agenda. Lawley listens to no one, but the odd voices in his own greedy mind.

LOL Well said GayStoryMan. Their response to my proposal for a democratic process of amending policies and domain owners voting for IFFOR board members was basically just lip service saying how we can already give them ‘feedback.’ Oh boy! That really makes me want to go out and buy some .xxx domains.

#19

Re: XXX TOS madness

[QUOTE=pocoloco;106938]One more reason not to buy a dot xxx domain.

Here is a small part from their Terms of Service:

Here are the full terms: http://www.about.xxx/policies/terms-of-service/[/QUOTE]

Would be good to find out if the clause apply to all sites or just their own. IF it applies to all .xxx domains then that’s a MAJOR thing.

#20

Re: XXX TOS madness

An open discussion on the merits of .xxx, or lack thereof, is all well and good. There are entirely valid reasons some oppose .xxx, and [as you can imagine, we believe] there are reasons it can prove beneficial to many in the industry. But it’s reasonable to hope discussions re: .xxx contain as little misinformation as possible, as that serves neither those opposed to it, nor those who accepted its existence as a foregone conclusion.

From GayDemon.biz’s own TOS:

The owner and moderators of this board reserve the right to disable any member’s account by banning or other methods without notice. All data, including usernames, private messags and forum posts submitted using your account belongs to Gaydemon.

From GoDaddy’s own TOS:

Go Daddy shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
With Respect to User Content (Other Than User Submissions).******
If you have a website hosted by Go Daddy or another service provider, you shall retain all of your ownership or licensed rights in User Content posted to your website.
However, if you post or publish your User Content to this Site, you authorize Go Daddy to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement.****** Accordingly, you hereby grant Go Daddy a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site and Go Daddy’s (and Go Daddy’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Go Daddy may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable.****** Notwithstanding anything to the contrary contained herein, Go Daddy shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or Go Daddy’s (or Go Daddy’s affiliates’) business(es).******

From JustUsBoys TOS:

With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than JustUsBoys.com Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or JustUsBoys.com removes such Content from the Service.

With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than JustUsBoys.com Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

From YouTube’s TOS:

For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and YouTube’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that YouTube may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

The granting of license to the owners/operators of a site or service by users submitting content to that site or service is fairly common, and the clause as found in ICM’s TOS has equivalents in the Terms of Service of countless other websites/services involving user-submission.