Who owns pictures posted on a free forum.

ailuro2

Quick question.

if I post reviews on a website with an attached forum , as an example for equipment I've purchased for camping or if I have left pictures of my tent... if the webmaster then excludes me from posting on the forum should the webmaster also remove my previous reviews, pictures etc. as they belong to me?



I know it happens on mse that spammers etc. have their posts removed.

Do I have any recourse with a webmaster who keeps my pictures and opinions despite being asked to remove them?

I hope that makes sense. The website in question has many thousands of members but a policy of exclusions without explanations.

thanks for any opinions :-)

somethingcorporate

What does the user agreement you agreed to when you signed up to the forum say?

You may relinquish ownership rights by posting them on a public forum...

ailuro2

I can't find a copy of it on their site and because they have my IP address blocked I can't sign up again to see it.

in hindsight I should have kept a copy ( if there was one) but it's only a camping forum. I didn't expect to end up banned ( first time ever I've been banned.. I'm a middle aged rebel hehe)

they have a privacy and cookies link but there is no mention of intellectual property?

http://www.ukcampsite.co.uk/privacy.asp

hope it's OK to post that link.

somethingcorporate

Can you use a proxy to fool it into thinking you are elsewhere and sign up again?

That privacy link is not that helpful on IP!

ailuro2

I'm not that technically savvy. there's a few of us who have been banned from posting ( normally for not posting a campsite review or for asking where a disappeared forumite has gone to,, would you believe) but I'm sure one of them could work it out and find out if there is a user agreement

thanks for your help. that's a step in the right direction :-)

somethingcorporate

Just google proxy server and it should bring back a load of links you can go through.

Does that forum link to a photo hosted elsewhere (e.g. photobucket) or does it host them itself? If the former then you should be able to remove the photo from the source and the link will no longer work.

ailuro2

I think they host them themselves... will give the proxy thing a try tonight when I'm home on my PC.

thanks again- it's still bugging me that they treat people like this and get away with it AND get to keep all the helpful info posted by users they have excluded.

visidigi

here are the forum terms and conditions:

Acceptance
By using the UKCampsite.co.uk Website you are agreeing to be bound by these Terms and Conditions which govern the use of the UKCampsite.co.uk Website. If you do not agree to these Terms and Conditions, please do not enter the UKCampsite.co.uk Website. These Terms and Conditions may be modified by us without notice to You.

Terms and Conditions of Posting

We encourage contributions to the UKCampsite.co.uk Website ('the site') provided they are made in a responsible manner and for lawful purposes only. Only expressions of genuinely held belief or opinion of a person who has actually stayed at the campsite/caravan park in question may be posted. You accept all liability for the contents of all postings made by you or on your behalf.

We cannot review all transmissions by our users, however we reserve the right to monitor any information transmitted or received through our service. Comments posted on this site may at our discretion be removed, whether in breach of the Rules or not, without further explanation or notice to you. We reserve the right to identify you in response to a court order, threat of legal action or complaint.

If you see any comment on this site which breaches your or anyone else's rights or may be illegal, defamatory or otherwise should be removed, let us know immediately and we shall do our best to remove it as soon as possible pending investigation of the matter.

You must indemnify (pay) us for any losses we suffer if you breach this provision or any other provision of our Terms and Conditions or the Rules of Posting.

You may not use, or allow others to use, your posting to:

1. Post any content that is abusive, vulgar, obscene, hateful, fraudulent, unlawful, threatening, harassing, or defamatory or which discloses private or personal matters concerning any person.
2. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or entity.
3. Post or transmit any advertising, promotional materials, or other forms of solicitation.
4. Post or transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone else's computer.
5. Post or transmit any material that you do not have a right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary relationships (as in non-disclosure agreements).
6. Stray from the discussion topic.

Complaints

In the event that you feel that any message posted on this site is inappropriate, confidential, defamatory or in breach of the rules then please contact webmaster@ukcampsite.co.uk.

If you think someone else is using your password please immediately inform webmaster@ukcampsite.co.uk.

Intellectual Property
You may not post content, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material which is protected by copyrights, trademarks and other intellectual and proprietary rights. The burden of determining that any information, software, images or any other content on the UKCampsite.co.uk Website is not protected by Rights rests with you. By submitting content, to any "public area" of UKCampsite.co.uk Website, including reviews, discussion forums, contests, chat rooms and the like, you grant the UKCampsite.co.uk Website and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights, in such content (whether this is you or a third party) has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the licence stated above.

Disclaimer of Warranties
The UKCampsite.co.uk Website is provided on an "as is" and "as available" basis. We expressly disclaim all warranties or representations of any kind, express or implied, to the fullest extent permitted by law. You understand and agree that we do not guarantee the accuracy or completeness of any information in or provided in connection with the UKCampsite.co.uk Website. We are not responsible for any errors or omissions or for the results obtained from the use of such information. We shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced on the UKCampsite.co.uk Website. Your participation in the UKCampsite.co.uk Website is solely at your own risk. No advice or information, whether oral or written, obtained by you from us or through the UKCampsite.co.uk Website shall create any warranty not expressly made in these Terms and Conditions or imposed by law. To the fullest extent permitted by law, we make no (and expressly disclaim all) representations or warranties of any kind, express or implied, with respect to this web site or the information, content, materials or products included in this site including, without limitation, warranties of merchant ability and fitness for a particular purpose. In addition, we do not represent or warrant that the information accessible via this web site is accurate, complete or current. Information regarding pricing and availability is subject to change without notice.

Limitation of Liability
To the fullest extent permitted by law we shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the UKCampsite.co.uk Website or messages received or transactions entered into through the UKCampsite.co.uk Website or resulting from unauthorised access to or alteration of your transmissions or data. Except as specifically stated on this Web site, to the fullest extent permitted by law, neither the UKCampsite.co.uk Website nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Web site or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Messages
Subject to the terms of our Privacy Policy, the UKCampsite.co.uk Website and may, from time to time, send newsletters to you. You may opt out of any such communication at any time.

Indemnification
You agree to indemnify and hold each of the UKCampsite.co.uk Website, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the the UKCampsite.co.uk Website, the violation of these Terms and Conditions by you, or the infringement by you, or of any intellectual property or other right of any other person or entity.

Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England.

So no, you have no rights over the material they host once your account posts it.

ailuro2

ooh thanks for that. will save me doing the proxy server thing.

just in case anyone did sign up and wants to post, don't mention the mister men tent owner or the word Val.. ;-) it's an instant ban!

thanks folks... :-)

visidigi

no problem, thanks for taking the time to reply and thank me nice change :rotfl: :T

pulliptears

ailuro2 wrote: »

ooh thanks for that. will save me doing the proxy server thing.

just in case anyone did sign up and wants to post, don't mention the mister men tent owner or the word Val.. ;-) it's an instant ban!

thanks folks... :-)

Go on, I'm insanely curious. Val's Mr Men tent was epic (I browse occasionally but not a member....)