Plugin: Gigya Socialize – Terms of Service – Lots of rights to your content

  • All,

    Has anyone read these terms of service? I was about to install… but if I am correct they have rights to use any content on site

    Definitions. Certain types of content are made available through the Site and Services. “Gigya Content” means, collectively, the text, data, graphics, images, Gigya trademarks and logos and other content made available through the Site and Services, including any technology or code making up a widget, excluding Member Content. “Member Content” means, collectively, the text, data, graphics, images, photos, audio or video files, communications, bulletin board messages, chat, graphics and other content and information which Gigya Members post, upload, link and otherwise submit to or via the Site or Services, including, any advertisement related content provided via a campaign or the website(s) owned or controlled by a Gigya Member.

    (b) Member Content. You retain all rights in your Member Content. However, by uploading, posting, submitting, linking to or otherwise transmitting any Member Content on or via the Site or Services, you hereby grant to Gigya a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform, transmit and access your Member Content in connection with the Services and Gigya’s (and its successors) business including, without limitation, for promotion and redistributing part or all of the Services (and derivative works thereof), in any media formats and through any media channels. For example, if you deploy our Wildfire Technology and create a widget for online distribution by a third party, you acknowledge and agree that Gigya may make that widget (and any Member Content that you add and/or incorporate into such widget) available to our widget publishing partners or similar aggregators for distribution. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to Gigya. You acknowledge and agree that your posting of or linking to Member Content will comply with our Copyright and IP Policy as set forth in Section 5 below.

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  • I’m not a lawyer, and I will revisit this with our legal department, but I don’t understand why you think that Gigya retains the right to use any content on your site… I don’t understand that from the bolded text you copied here.

    As far as I understand, the bolded text above simply says that any information provided or given to Gigya Socialize could be recorded and used by Gigya. This does not refer to all the content in your site, merely to content that is provided by or to Gigya’s system.

    This entry in our legal terms is there to allow the Gigya platform to be able to:
    A) Work effectively and provide a good, scalable, and performence effective service to our partners.
    B) To enable us to eventually launch a strictly opt-in revenue sharing supplmentry product to the WP plug-in. enabling partner who have the plug-in and want to make money by joining the Gigya’s ad-network to do so.

    Thread Starter texassaluki

    (@texassaluki)

    Thanks for the response

    I am not a lawyer either… and thus my concern is that to me (which maybe based on a misunderstanding on how the module works) is that if any content is exchanged by the socialize module then Gigya could use it without license.

    Examples always help me

    Say I upload a posting on my site that includes photos that then is “synced” with Gigya to my Facebook site. Am I enabling Gigya to use the content (words) and the photo’s without requiring any additional license?

    Let me know as this module looks very useful but don’t want to give up the potential control of how my content is used

    thanks

    Chris

    Chris,

    Here are the highlights and important points:

    “…you hereby grant to Gigya a…license to use…your Member Content in connection with the Services.”

    We’re not “doing what we want with the content,” we’re managing it in the spirit of the Service. this term gives us permission to send a status update created on the site, for example, but does not allow us to use any content and we can only use content in connection to our services to be able to deliver them.

    Hope this helps,
    Itamar.

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