[In Omnibus]

Originally Posted by CAG CheechDogg

@ ProSportsForums

Are you saying that "I" am saying a ToS gives the site owner the right to "carte blanche"?

I have the following in my ToS:

"7. Submission of Content on this Web Site

By providing any Content to our web site such as text, tutorials, reviews, previews, written articles, images, artwork;

(a) you agree to grant to us a perpetual worldwide, royalty-free, non-exclusive right and license to use, display, reproduce, modify, publish, archive, translate, and to create derivative projects such as tournaments, competitions and compilations, in whole or in part. Such agreement to the license will apply with respect to any form, media, technology known or later developed;

(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;

(c) you acknowledge and agree that we shall have the right to remove and or block any access to any "CONTENT" you provide by uploading, or add by means of text into our forums or in articles you submit, but not obligation to remove it only at our sole discretion."

That doesn't mean I am going to reproduce the content but by registering and creating an account the registered member(s) explicitly agree to our Terms of Service.

If you and I are on the same page that doesn't mean that what happened with the OP and the other party is justified by any ToS or even copyright. The other party, if this is the OP's database has stolen their property in this case their (database) regardless of who posted what on the OP's forum or site. This "can" be resolved by what I suggested the OP do with just a simple letter to beging with.

So yes, proving damages is going to be very difficult.

No. I am agreeing with your post. A member consents to the site having the posted material by posting the material. That does not give the site owner legal right to post the material elsewhere nor to sell the material. That is where the ownership issue falls short for the site owner. The member who posted the material is, of course, free to post it anywhere he or she chooses. In the unlikely event a site owner did attempt to sell posted material or to reproduce it on another site the member who originally posted it would still have to prove damages.

Your TOS sets you apart from most forums in that you are specific as to the rights you are requesting in the TOS. I can tell you that I would never agree to your terms.