Photo Sharing Sites - Terms of Service - 20 January 2013
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Data CompiledBy Kathy E GIllCC : share, attribution, non-commercialShort URL: bit.ly/photo-sharing-tos-2013
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facebook.com/kathyegillPrior version: http://j.mp/photo-sharing-tosUpdated 29 Jan 2013
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@kegillPBS Link: http://www.pbs.org/mediashift/2013/01/who-really-owns-your-photos-in-social-media-updated-2013-edition025.html
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PBS:
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ServiceOwnerhttp://www.alexa.com/siteinfo/TOS URLDateRelevant Portions of TOSThe Fine Print
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FacebookThere is one site with a better three-month global Alexa traffic rank than Facebook. The time spent in a typical visit to the site is about 28 minutes, with 44 seconds spent on each pageview.https://www.facebook.com/legal/termsNDSection 2: You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings. In addition:
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1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.Facebook can sub-license; license is not limited to Facebook pages
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4. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture).What does "use that information mean"? Facebook tells copyright holders how to complain to Facebook about violations but the help center has no information on how FB users can complain about a violation of their copyright.
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FlickrYahoo!There are 63 sites with a better three-month global Alexa traffic rank than Flickr, and the site is located in Canada. Compared with internet averages, the site's users are disproportionately Caucasian, and they are disproportionately childless, highly educated women under the age of 35. http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html11/24/2008Section 9. Yahoo! does not claim ownership of Content you submit or make available for inclusion on the Yahoo! Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Yahoo! Services, you grant Yahoo! the following worldwide, royalty-free and non-exclusive license(s), as applicable...
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With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Yahoo! Services other than Yahoo! Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Yahoo! Services 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 Yahoo! Services and will terminate at the time you remove or Yahoo! removes such Content from the Yahoo! Services.License is for use only on Yahoo! properties (limited)
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http://pressroom.yahoo.net/pr/ycorp/permissions.aspx#photosNDPhotos and/or images found on Yahoo! Images or Flickr are the property of the users that posted them. Yahoo! cannot grant permission to use third party content. Please contact the user directly.Definitive statement of third party use
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Google+GoogleThere are no sites with a better three-month global Alexa traffic rank than Google. We estimate that 29% of visitors to the site come from the US, and it has been online for at least fifteen years.http://www.google.com/accounts/TOS?hl=US3/1/2012Your Content in our Services. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.License is for Google services and partners
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When you upload or otherwise submit content to our Services, you give Google (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to Google Maps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
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ImgurImgur is ranked #92 in the world according to the three-month Alexa traffic rankings. The site is in the “Image Hosting” category of websites. http://imgur.com/tos4/10/2012By uploading a file or other content or by making a comment, you represent and warrant to us that (1) doing so does not violate or infringe anyone else’s rights; and (2) you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms. With regard to any file or content you upload to the public portions of our site, you grant Imgur a non-exclusive, royalty- free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content.
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By downloading a file or other content from the Imgur site, you agree that you will not use such file or other content except for personal, non-commercial purposes, and you may not claim any rights to such file or other content, except to the extent otherwise specifically provided in writing.
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InstagramFacebookThere are 77 sites with a better three-month global Alexa traffic rank than Instagram.com. Compared with internet averages, its audience tends to be Caucasian;http://instagram.com/about/legal/terms/updated/1/19/2013Rights. 1. Instagram does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy, available here http://instagram.com/legal/privacy/, including but not limited to sections 3 ("Sharing of Your Information"), 4 ("How We Store Your Information"), and 5 ("Your Choices About Your Information"). You can choose who can view your Content and activities, including your photos, as described in the Privacy Policy.Instagram can sub-license.
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4. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
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LockerzFounder - Kathy Savitt (left for Yahoo in 2012). Lockerz is funded by Kleiner Perkins Caufield & Byers (KPCB), Liberty Media, DAG Ventures and Live Nation (owned by Ticketmaster).Lockerz.com has a three-month global Alexa traffic rank of 1,675. Compared with internet averages, the site's users are disproportionately Hispanic,http://lockerz.zendesk.com/entries/515604-terms-of-service3/31/2011 17:43:00User Feedback and Submissions. Lockerz welcomes your feedback, but if you send us or post or embed on the Website or via any Service any feedback, messages, comments or tags; your creative or original concepts or ideas; any content, data, text, photographs, graphics or other materials; or any confidential, proprietary or other information (“Submissions”), you represent and warrant to Lockerz that you either own the Submission or have the right to grant Lockerz the license described below. Lockerz does not claim to own such Submission, only the rights you have licensed to us.
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http://techcrunch.com/2012/10/08/social-commerce-network-lockerz-raises-another-7-5-million/http://support.lockerz.com/entries/20721536-sharing-on-lockerz12/2/2011 12:25:00Submissions ... by making a Submission, you also understand and agree that you are (a) granting Lockerz and others the license as set forth in the Terms of Use for each and every Submission ..
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Rights Granted to Lockerz in Submissions... (b) automatically grant Lockerz a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sublicenseable, royalty–free license to use the Submission, and exercise all copyright, publicity and other rights with respect to any such Submission;
(c) subject to existing laws, waive any moral rights you or your licensors have in any such Submission; and,
(d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of you making any Submission.
Lockerz can sub-license
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Uses of the Submissions.... all such information you post, collect, or otherwise make available... (2) becomes publicly available such that it can be collected, viewed, redistributed, and used by others, including without limitation, on the Website and, more broadly, through the Internet and other media channels.Very broad - "used by others ... without limitation"
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MobyPictureMathys van Abbe, Amsterdam, The Netherlands - http://mathys.vanabbe.com/about-mathys/Mobypicture.com is ranked #5,330 in the world according to the three-month Alexa traffic rankings. Compared with the overall internet population, the site's audience tends to be male; http://www.mobypicture.com/termsofuse5/10/2011All rights of uploaded content by our users remain the property of our users and those rights can in no means be sold or used in a commercial way by Mobypicture or affiliated third party partners without consent from the user.There is no mention of licensing in the TOS
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PhotobucketPhotobucket was founded in 2003 and acquired by Fox Interactive Media, Inc., a division of News Corp. (NYSE: NWS) in July 2007. Photobucket merged with Ontela, Inc., in December 2009. Photobucket is backed by News Corp., Steamboat Ventures, Oak Investments Partners, Voyager Capital, and Covera VenturesPhotobucket.com is ranked #182 in the world according to the three-month Alexa traffic rankings. The time spent in a typical visit to the site is about three minutes, with 43 seconds spent on each pageview.http://photobucket.com/terms9/22/2011Your Content. You retain all your rights to any Content you submit, post or display on or while using Photobucket. This means that YOU own ALL the Content you post .... If you make your Content public, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to copy, distribute, publicly perform (e.g., stream it), publicly display (e.g., post it elsewhere), reproduce and create derivative works from it (meaning things based on it), anywhere, whether in print or any kind of electronic version that exists now or later developed, for any purpose, including a commercial purpose. You are also giving other Users the right to copy, distribute, publicly perform, publicly display, reproduce and create derivative works from it via the Site or third party websites or applications (for example, via services allowing Users to order prints of Content or t-shirts and similar items containing Content, and via social media websites).License granted to Photobucket (including sub-license) and other users ... through any media channels ... for any derivative works ... including replication on t-shirts or posters without paying you or notifying you
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http://beta.photobucket.com/aboutIn an effort to keep the Site free, the Site is supported, at least in part, by advertising. Photobucket may place such advertising and promotions on or near your Content. The kind of advertisements we post and the way we display them are up to us.
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PosterousTwitterPosterous.com is ranked #1,137 in the world according to the three-month Alexa traffic rankings. Search engines refer roughly 3% of visits to the site. This site's visitors view an average of 3.0 unique pages per day. http://posterous.com/tosNDRights Reserved: You retain full copyright of any original content that you send us. By posting to Posterous Spaces, you're granting us a license to distribute your content on this site.License is for Posterous services
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http://blog.posterous.com/big-newsUser Submissions: .... you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content... You shall retain all of your ownership rights in your submissions; however, by submitting material to Posterous Spaces you grant Posterous fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material in connection with Posterous and Posterous's business, but solely in accordance with these Terms of Use and our Privacy Policy. To the extent you do not have ownership rights to any of your submissions, you shall indemnify Posterous for any claim regarding Posterous’s use of your submissions.
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TumblrTumblr, Inc.Tumblr.com's three-month global Alexa traffic rank is 32. This site is particularly popular among users in the cities of Los Angeles (where it is ranked #15), San Francisco (#15), and New York (#17).http://www.tumblr.com/policy/en/terms_of_service3/22/20126. Content and Subscriber Content. Ownership. Subscribers retain ownership of all intellectual property rights in their Subscriber Content, and Tumblr and/or third parties retain ownership of all intellectual property rights in all Content other than Subscriber Content.
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When you transfer Subscriber Content to Tumblr through the Services, you give Tumblr a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of (including, without limitation, by Reblogging, as defined below), such Subscriber Content. The rights you grant in this license are for the limited purpose of operating the Services in accordance with their functionality, improving the Services, and allowing Tumblr to develop new Services. The reference in this license to "derivative works" is not intended to give Tumblr itself a right to make substantive editorial changes or derivations, but does enable Tumblr Subscribers to redistribute Subscriber Content from one Tumblr blog to another in a manner that allows Subscribers to, e.g., add their own text or other Content before or after your Subscriber Content ("Reblogging").
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You also agree that this license includes the right for Tumblr to make all publicly-posted Content available to third parties selected by Tumblr, so that those third parties can distribute and/or analyze such Content on other media and services.Tumblr can transfer and sub-license and the license grants "others" the same license
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Note also that this license to your Subscriber Content continues even if you stop using the Services, primarily because of the social nature of Content shared through the Services - when you post something publicly, others may choose to comment on it, making your Content part of a social conversation that cannot later be erased without retroactively censoring the speech of others.
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TwitpicNoah Everett WinecoffTwitpic.com has a three-month global Alexa traffic rank of 462. The time spent in a typical visit to the site is approximately two minutes, with 55 seconds spent on each pageview, and we estimate that 37% of visitors to this site come from Japan, where it has attained a traffic rank of 89. http://twitpic.com/terms.do5/10/2011Copyright. All content uploaded to Twitpic is copyright the respective owners. The owners retain full rights to distribute their own work without prior consent from Twitpic. It is not acceptable to copy or save another user's content from Twitpic and upload to other sites for redistribution and dissemination.Clear prohibition on re-use.
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http://twitpic.com/photos/noaheverettBy uploading content to Twitpic you give Twitpic permission to use or distribute your content on Twitpic.com or affiliated sites.TwitPic can transfer and sub-license in connection with TwitPic's business
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To publish another Twitpic user’s content for any commercial purpose or for distribution beyond the acceptable Twitter "retweet" which links back to the original user’s content page on Twitpic, whether online, in print publication, television, or any other format, you are required to obtain permission from Twitpic in advance of said usage and attribute credit to Twitpic as the source where you have obtained the content.Clear prohibition on re-use.
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You retain all ownership rights to Content uploaded to Twitpic. However, by submitting Content to Twitpic, you hereby grant Twitpic 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 Twitpic'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.
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TwitterTwitter, Inc.Twitter's three-month global Alexa traffic rank is 10. Visitors to the site view 6.4 unique pages each day on average. Compared with all internet users, the site appeals more to users who browse from school; its visitors also tend to consist of childless women under the age of 35. http://twitter.com/tos11/16/20105. Your Rights. You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).Twitter can sub-license ... anywhere and through any media
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You agree that this license includes the right for Twitter to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Twitter for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content useTwitter can partner with others to distribute your content
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You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability.This is a major change from May 10, 2011: http://www.wiredpen.com/2011/05/10/twitpic-terms-of-service-are-they-depriving-you-of-your-copyright/
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http://engineering.twitter.com/2012/12/blobstore-twitters-in-house-photo.htmlEffective December 11, 2012, photos are now hosted in-house and not at PhotoBucket.
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yFrogImageShackYfrog has a three-month global Alexa traffic rank of 1,623. Visitors to the site view 1.9 unique pages each day on average. http://www.yfrog.com/page/tosNDContent Ownership.The content that you distribute through the ImageShack Network is owned by you, and you give ImageShack permission to display and distribute said content exclusively on the ImageShack Network.

Poorly phrased if the intent is to restrict license to ImageShack network.
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http://imageshack.us/p/rules/ImageShack is ranked #278 in the world according to the three-month Alexa traffic rankings. While approximately 10% of visitors to the site come from the US, where it is ranked #654, it is also popular in Turkey, where it is ranked #75ImageShack will not sell or distribute your content to third parties or affiliates without your permission... Third parties may hyperlink to the page that displays your content on the ImageShack Network.
Third parties may request permission to use your content by contacting you directly.
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WordPress.comAutomattic - Added 19 Jan 2013There are 20 sites with a better three-month global Alexa traffic rank than WordPress.com.http://en.wordpress.com/tos/11/12/2012By submitting Content to Automattic for inclusion on your Website, you grant Automattic a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Automattic will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.Limited license.
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