Just an FYI.... The new TOU on The Dump

[laurenlou83]

I'm copying this from July15. We all know TB and XO are complete BS after everything that happened last month, and this solidifies that fact. See below:

With the relaunch, the Bump has also updated it's TOU (without notifying members) that all posted content is owned by The Bump, not the users who post it. This went into effect January 30.

To Quote:
If you submit or post any materials or content to the Site, you grant us and our business partners a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the Site is original to you and that you have the right to grant us these rights.

[laurenlou83]

Now I wish I would've asked for all my content to be deleted. I may email them and still ask, but the chances of it happening are probably slim after this crap.

[fuccimama]

I just put in to delete my account and all content because of this! I didn't share many pics but the birth of my baby. I do not appreciate the wording on the TOU it kind of scares me!

[leenziepops]

Thankfully I never posted personal pics on there. What assholes.

[billyhorrible]

From a legal standpoint, I wouldn't worry too much about any of this. TB is clearly run by teenagers. This statement doesn't hold any legal water.

[daydreamernyc]

Wow, that is just shady!! Can they really change it to be retro-active?

[Bluedaisy]

Can any one point me in the right direction as to where (or who) to email to get my content deleted on there? I was still lurking for a bit but now I'm done....

[wormgerm]

Happy I had my content deleted but 3 requests deep and my account is still active. I don't even lurk.

[billyhorrible]

Here you go guys.

Unsurprising that the idiots on TB aren't aware of Federal Laws and regulations, but nothing in their TOS is binding and if they use anything without your express (written) permission it's appropriation.  They're setting themselves up for a class action lawsuit.

newsbreaks.infotoday.com/NewsBreaks/Federal-Court-Holds-Browsewrap-Agreement-Unenforceable-99362.asp

[blasto!]

Feb 3, 2015 10:23:38 GMT -5 billyhorrible said:

Here you go guys.

Unsurprising that the idiots on TB aren't aware of Federal Laws and regulations, but nothing in their TOS is binding and if they use anything without your express (written) permission it's appropriation.  They're setting themselves up for a class action lawsuit.

newsbreaks.infotoday.com/NewsBreaks/Federal-Court-Holds-Browsewrap-Agreement-Unenforceable-99362.asp

I remember reading up on this when it came out. The big way companies get around this usually centers around a log in page. You may have noticed that a lot of log in pages now include language along the lines of "by signing in, you agree to the TOU" with a link to whatever that is. To fully comply with these findings, a lot of companies now require you to click a little check mark agreeing to that in order to log in. The Catch-22 is that you may have to log in to figure out how to get your content deleted, but by doing so, you agree to the new terms of use, which covers their asses, legally speaking.

While I agree with your previous statement that TB (especially the "community" section) is run by a bunch of teenagers, the people making money on the company are probably smart enough to have a lawyer go over the TOU to make sure it's enforceable. After the bad publicity, the last thing they need is a lawsuit.

[teenybird]

Feb 3, 2015 8:55:45 GMT -5 Bluedaisy said:

Can any one point me in the right direction as to where (or who) to email to get my content deleted on there? I was still lurking for a bit but now I'm done....

I second this. I'd like to get my content deleted, but am not sure where to start. Especially since I can't even find the frigging privacy settings on the new layout, I want nothing to do with the dump anymore. Weak sauce, dump.

[billyhorrible]

Feb 3, 2015 11:01:22 GMT -5 blasto! said:

While I agree with your previous statement that TB (especially the "community" section) is run by a bunch of teenagers, the people making money on the company are probably smart enough to have a lawyer go over the TOU to make sure it's enforceable. After the bad publicity, the last thing they need is a lawsuit.

But the main issue in the cases along these lines is notice - either actual or constructive.  And one of the things that has sunk too many of these types of TOU agreements is the fact that the TOU weren't "broadcast" or published except in a linking hyperlink.  This is why back when Carley was in charge they had the moderators announce the new TOU in advance, and they were posted on every board. 

Changing the TOU without notifying members is not going to meet the notice requirement.  In addition, the language "you represent that any materials and content posted or otherwise submitted by you to the Site is original to you and that you have the right to grant us these rights" means that they're holding you responsible for every GIF posted, every link to an article or quotation from said article.  Which is beyond bounds of responsibility.  I have serious doubts a lawyer ever looked at it.    I think they're banking on the fact that most people aren't sophisticated enough to understand and the fact that the "damages" aren't necessarily monetary.

[mnp48]

Feb 3, 2015 11:49:20 GMT -5 teenybird said:

Feb 3, 2015 8:55:45 GMT -5 Bluedaisy said:

Can any one point me in the right direction as to where (or who) to email to get my content deleted on there? I was still lurking for a bit but now I'm done....

I second this. I'd like to get my content deleted, but am not sure where to start. Especially since I can't even find the frigging privacy settings on the new layout, I want nothing to do with the dump anymore. Weak sauce, dump.

You can send your request here: [e-mail]

----------------------------------------------------------

Booo! It took two emails to them to delete my content/username and I really didn't have much.  I really hate that they keep your username/contents hostage.  You should be able to delete your account at any point in time without all this fuss.

[poohbearlove]

Feb 3, 2015 13:54:07 GMT -5 @littlechivette said:

So I can't like or comment on anything and it keeps telling me to login...

It says you're banned.

[blasto!]

Feb 3, 2015 13:13:07 GMT -5 billyhorrible said:

Feb 3, 2015 11:01:22 GMT -5 blasto! said:

While I agree with your previous statement that TB (especially the "community" section) is run by a bunch of teenagers, the people making money on the company are probably smart enough to have a lawyer go over the TOU to make sure it's enforceable. After the bad publicity, the last thing they need is a lawsuit.

But the main issue in the cases along these lines is notice - either actual or constructive.  And one of the things that has sunk too many of these types of TOU agreements is the fact that the TOU weren't "broadcast" or published except in a linking hyperlink.  This is why back when Carley was in charge they had the moderators announce the new TOU in advance, and they were posted on every board. 

Changing the TOU without notifying members is not going to meet the notice requirement.  In addition, the language "you represent that any materials and content posted or otherwise submitted by you to the Site is original to you and that you have the right to grant us these rights" means that they're holding you responsible for every GIF posted, every link to an article or quotation from said article.  Which is beyond bounds of responsibility.  I have serious doubts a lawyer ever looked at it.    I think they're banking on the fact that most people aren't sophisticated enough to understand and the fact that the "damages" aren't necessarily monetary.

OK. This is a good point. I still think it's a little fuzzy, but you're right. If someone became litigious, I don't see it holding up in court.

[Deleted]

Feb 3, 2015 14:02:30 GMT -5 poohbearlove said:

Feb 3, 2015 13:54:07 GMT -5 @littlechivette said:

So I can't like or comment on anything and it keeps telling me to login...

It says you're banned.

You go @littlechivette (s.coffey)

[gilder40]

Feb 3, 2015 14:40:46 GMT -5 @littlechivette said:

I think it was the glitter farting unicorn that earned me the ban hammer!

Seriously?! You got banned? What the heck? That's actually pretty hilarious.

[trixi282]

If you want deletion you can also post it in the BumpHQ board. There is a thread at the top specifically for that. You have to be really specific about content, account, or both. I posted mine today after seeing the new TOU (aka POS) and a friend of mine said my post was already gone tonight.

I posted in the thread for full content and account deletion. And tagged bump caitin. Tara, and admin.

I think they're finally starting to catch up on all the requests.