"While you retain all rights in such communications or
material, you grant us and our agents and affiliates a
non-exclusive, paid-up, perpetual, and worldwide right to
copy, distribute, display, perform, publish, translate,
adapt, modify, and otherwise use such material for any
purpose regardless of the form or medium (now known or not
currently known) in which it is used."
I do not understand how I retain all rights if I am giving you everything but exclusive use. Did you guys (i am assuming you are tech not law folks) change that or did your lawyer?
This doesn't sound like it is referring to files uploaded, does it? "such communication or material"?
I've seen many sites with similar clauses for communications with them -- mainly so they can use your email as a customer testimonial, I believe.
I'm okay with that, but certainly if this applies to the files uploaded, that's a deal-breaker. Facebook's similar clause applying to uploaded content is why I don't upload photos directly, just links to albums I host myself.
Edit: I looked at the terms more closely. Those sections just need to be rewritten; they seem to be cobbled together and not quite regularized to make sense.
6. Intellectual Property Information: defines "content" to include "message boards, chat, and other original content", then (huh) has this: "all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Kicksend, Inc. and/or its Affiliates." Well, no, that's a direct contradiction with the definition of content, especially since I assume people can share public domain material.
7. Unauthorized Use of Materials: much of this seems like a cut/paste out of terms I've seen referring to messages that users submit to a company (saw something like this on an Adobe site) -- e.g., feature ideas that you "transmit to us", NOT original or public domain content uploaded to a sharing service. These terms are a bit scary in the current context.
