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[Input Requested] Terms and conditions for the International Skeptics Forum

arthwollipot said:
Sure, but I would also like confirmation of LashL's answer from Darat or icerat if possible.
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Yes, it's being hosted in New York.

Plus I've never been to New York, so if someone wants to sue it gives me an excuse to visit :D
 
arthwollipot said:
Why the state of New York?
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From 08/19/2014 from another thread:

icerat said:
We're using servers here in Sweden and in the UK, but most of the JREF traffic is in North America, with UK and Oz coming in next. US makes the most sense performance wise. Thought about CDN's but I've had hit and miss experiences with the lower price ones. NYC should give reasonable access for Europe and US and is better than Europe for the Aussies et al.
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The Reptilians are taking over! You foolish sheeple!







ETA: The Reptilians don't seem any worse than the previous overlords, so I'll just go ahead and agree
 
Wolfman said:
The Reptilians are taking over! You foolish sheeple!







ETA: The Reptilians don't seem any worse than the previous overlords, so I'll just go ahead and agree
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And besides, when we overthrow THESE overlords, we'll be able to make a nice set of luggage of them. With the last group, we got bupkus.

I'm in, since the rules is just rules and the application is going to tell the tale. Let's get on with it.
 
I'm in too, but I think that some of the legal minds here have made some very good suggestions that I hope will find their way to the final document.
 
"Your use of the Forum is entirely at your own risk;"
My hands are guided by THE LORD GOD JESUS. Its His risk, not mine.

"By posting, uploading, or sharing your content on the Forum, you grant TribeTech a perpetual, non-exclusive, sub-licensable, royalty-free, transferable, worldwide license to access, use, and display your content, which includes without limitation the right for TribeTech "
Meh, if they want to own the crap I write... Too bad for them. Well, manure has its uses.

"When you register for the Forum, you are required to supply a small amount of personal information: an active email address, your first and last name, your state (if in the U.S.) and country of residence."
How dare you? Its sensitive information. Wait, excuse me. BRB, gotta check that Facebook publication.

Ah, well, its OK. But TEH LORD GOD JESUS soon will be back and sort it all out.
 
Everything looks good to me.

Suggestion/Question: What about language protecting the forum from lawsuits by disgruntled members and non-members (something that the JREF has had to deal with before)?
 
Vermonter said:
Everything looks good to me.

Suggestion/Question: What about language protecting the forum from lawsuits by disgruntled members and non-members (something that the JREF has had to deal with before)?
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Nothing can stop someone from suing. Language may stop them from winning but you can't stop them from trying. AFAIK JREF never lost a lawsuit, at least one involving the forum. That wasn't the problem. The problem was having to deal with them in the first place.
 
jhunter1163 said:
Is there something in the T&C banning the use of Comic Sans? If there isn't, there should be. ;)
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We should add a place that states it is the required font for any and all punative moderation actions.

After all, it would be issuing punishment.

And, since there's nothing in there about summary execution, use of CS would suffice as a substitute.
 
Vermonter said:
Everything looks good to me.

Suggestion/Question: What about language protecting the forum from lawsuits by disgruntled members and non-members (something that the JREF has had to deal with before)?
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That's kinda covered by this:
You are responsible for the content of the messages you post and any consequences that
flow from such posting(s);
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Are you suggesting adding something like:

while every reasonable effort will be undertaken by the mod/admin team to address any violation of the T&C's in a reasonable timeframe, the forum/tribetech bears no liability for individual members posts.
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or similar?

It's implied but not explicitly stated.
 
This is a chestnut:

Copyright on content generated prior to TribeTech’s hosting of the Forum remains with the member, and such content has been republished on the Forum by the James Randi Educational Foundation pursuant to its license. All TribeTech content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the Forum are copyrighted by TribeTech, and are protected by U.S. and international laws. Use of our content without our express prior written permission is strictly prohibited.

No, sorry, the JREF's license to publish does not and cannot transfer along with the database, no matter how often equivocation and other logical fallacies are applied. The JREF will not be publishing the posts because ownership and management of the forum is being transferred to Tribe Tech, and they do not hold license to the posts until and unless a user agrees to that license by posting on the new forum.

I suppose some rather tedious arguments could be made and probably have been made, however, the JREF does not own the content. License to publish applies only to the JREF is the publisher, not an heir or assign such as Tribe Tech, and if JREF insists and agrees that yes, indeed, The JREF is publishing forum content on Tribe Tech's forum, then lo and behold, the JREF will also have to assume responsibility for legal issues arising out of that publishing--boilerplate disavowal of responsibility for posts notwithstanding. You can't have it both ways without sharing the burden.

Either the JREF is separating the forum from its ownership and management or it is not.

WHATever...as long as personal, private information is removed it really doesn't matter much to anybody outside of a small circle of friends.
 
Pyrrho said:
This is a chestnut:

Copyright on content generated prior to TribeTech’s hosting of the Forum remains with the member, and such content has been republished on the Forum by the James Randi Educational Foundation pursuant to its license. All TribeTech content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the Forum are copyrighted by TribeTech, and are protected by U.S. and international laws. Use of our content without our express prior written permission is strictly prohibited.

No, sorry, the JREF's license to publish does not and cannot transfer along with the database, no matter how often equivocation and other logical fallacies are applied. The JREF will not be publishing the posts because ownership and management of the forum is being transferred to Tribe Tech, and they do not hold license to the posts until and unless a user agrees to that license by posting on the new forum.

I suppose some rather tedious arguments could be made and probably have been made, however, the JREF does not own the content. License to publish applies only to the JREF is the publisher, not an heir or assign such as Tribe Tech, and if JREF insists and agrees that yes, indeed, The JREF is publishing forum content on Tribe Tech's forum, then lo and behold, the JREF will also have to assume responsibility for legal issues arising out of that publishing--boilerplate disavowal of responsibility for posts notwithstanding. You can't have it both ways without sharing the burden.

Either the JREF is separating the forum from its ownership and management or it is not.

WHATever...as long as personal, private information is removed it really doesn't matter much to anybody outside of a small circle of friends.
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Yeah, there's really no issue here. JREF might have liability for something originally posted on the JREF forum. Its liability isn't being transfered. The language is fine.
 
Loss Leader said:
Yeah, there's really no issue here.
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I've only just quickly read this stuff, so my understanding might be off, but isn't it that the data are being moved, then you get a chance to agree to new forum's t&c?

So what happens to transferred data if you don't agree to the new forum's t&c? Does a Jref forum member's content get deleted from the new owner's forum? If not, how will the new forum differentiate between content to which it has rights, and content to which it has none?
 
Lolly said:
I've only just quickly read this stuff, so my understanding might be off, but isn't it that the data are being moved, then you get a chance to agree to new forum's t&c?

So what happens to transferred data if you don't agree to the new forum's t&c? Does a Jref forum member's content get deleted from the new owner's forum? If not, how will the new forum differentiate between content to which it has rights, and content to which it has none?
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The JREF has decided to publish the content it has right to publish on the new forum. The cut off date will be anything before the change of ownership of the forum. Think of it this way the JREF has a licence to publish the content of members' posts in a book, the JREF does not have its own printing press so the book is printed and distributed by a book publisher. The book publisher does not own the copyright and the JREF is not seeking to reassign its licence.

The original copyright part of the registration agreement was created after receiving actual legal advice from a USA lawyer qualified in the USA to give such advice. I'm quite certain the JREF is legally in the clear to publish the content it does own a licence to on the new forum.
 
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Darat said:
The book publisher does not own the copyright and the JREF is not seeking to reassign its licence.
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Leaving aside whether a mere licensee can assign anything, the new forum owner is seeking rights greater than those that Jref has. If a member whose content is transferred does NOT agree to the new terms and conditions, the new forum owner may not deal with that content in the same way that it may deal with content of those who do agree. How is it going to differentiate between old content and new content? It'll have acquired everything, but may have rights to deal with only some of it.
 
Lolly said:
Leaving aside whether a mere licensee can assign anything, the new forum owner is seeking rights greater than those that Jref has. If a member whose content is transferred does NOT agree to the new terms and conditions, the new forum owner may not deal with that content in the same way that it may deal with content of those who do agree. How is it going to differentiate between old content and new content? It'll have acquired everything, but may have rights to deal with only some of it.
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There is the date of the post. Anything before the transfer the new owners would have no rights over. Anything after they would have some rights.
 
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