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These are not eccentricities, this is serious stuff. Last time I checked US law allowed for damages of up o $150 000 per violation for copyright infringement. T
by hristov 15y ago
These are not eccentricities, this is serious stuff. Last time I checked US law allowed for damages of up o $150 000 per violation for copyright infringement. This EULA includes an indemnification and hold harmless clause, which means that if pinterest gets sued for something you upload you get pay for their defense and for any judgments if they loose.
So if this EULA holds up, it means it can easily expose you to millions of dollars of damages. Yes there are many exploitative EULAs out there but this is the first one I have seen that can get easily get you on the hook for millions of dollars for an innocuous action.
- icebraining 15y agoDo you really think any other content submission service - Youtube, Flickr, etc - doesn't have a disclaimer like this? That they make themselves liable for what their users submit? And how is this abusive? Why should they be held liable for what their users do? From Youtube's ToS: To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless YouTube, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
- eurleif 15y agoYouTube, Flickr, etc. don't provide a bookmarklet for uploading other peoples' content.