To Adams

[Didi]

I know that it is possible for me to erase one of my pictures. Why it is not possible to delete one of my critics?

[AdrianW]

Good point! I was wondering that myself, I'm not sure whether it's a good idea or not though...

[Didi]

Oups ! Sorry for adding a "s" in your name

[adam]

"I was wondering that myself, I'm not sure whether it's a good idea or not though..."

The ability to delete one's images is an absolute given for me. Not so critiques. I'd prefer they remain on the site for others to learn from.

[mdchachi]

Perhaps you should put some add'l verbiage in the Terms to say that critiques become the property of TrekEarth or TE is granted perpetual right to reproduce critiques -- or whatever the proper terminology is to clearly state that when posting critiques, people do not retain all rights to their words & TrekEarth is assuming certain rights.

I found an example on the Web:
"When you submit materials to the MPR Web sites, you grant MPR an irrevocable, nonexclusive, royalty-free license to redistribute or republish the information in any medium or form."

It might also be time to revisit the notice about photographs:
"All photos retain complete copyright and control by the respective photographer."

In reality we do not have complete control. We can't restrict a photo's use on the front page, for example. We can't prevent it from being used outside of TE. (That may not be TE's responsibility but there is nothing right now in the Terms to indemnify TE from this kind of unauthorized use.)

This looks like a pretty good example:
http://daily.webshots.com/html/terms.html

As a minimum, I think you need an indemnity clause.

[adam]

"when posting critiques, people do not retain all rights to their words & TrekEarth is assuming certain rights."

Well that is not the case either. One may change their critique at any time. But since it's not possible to edit forum postings I should put that in.

"In reality we do not have complete control. We can't restrict a photo's use on the front page, for example."

Right, I was referring to the ability to delete and edit text accompanying one's photo. I will clarify the control one has.

"As a minimum, I think you need an indemnity clause."

OK, I'll put that in, I guess it should be in all CAPS, thanks for the feedback.

[adam]

Thanks for the suggestion, the following changes have been made to the TOS:

Original: You must be the copyright holder of photograph. All photos retain complete copyright and control by the respective photographer.

New: You must be the copyright holder of all material posted to TrekEarth.
-You retain copyright and the ability to delete/edit your photos.
-You grant TrekEarth the right to use your images for display anywhere on the TrekEarth site.
-TrekEarth is not responsible for unauthorized usage of your images outside the TrekEarth site.
-You retain copyright for your forum postings. You give TrekEarth a non exclusive, perpetual, irrevocable, royalty-free licence to use your forum postings.

Removed: You must submit only your own original work, including photographs and any written material.

Added: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TREKEARTH WILL HAVE NO LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH YOUR USE OF THE TREKEARTH SITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.