terms of service question

[sross]

I am using a generic terms of service. I notice part of it states the following:

If there is any dispute about or
involving the Website Services, you agree that the dispute shall be
governed by the laws of the State of California, USA, without regard to
conflict of law provisions and you agree to exclusive personal
jurisdiction and venue in the state and federal courts of the United
States located in the State of California, City of Los Angeles. Either
Website or you may demand that any dispute between Website and you
about or involving the Website Services must be settled by arbitration
utilizing the dispute resolution procedures of the American Arbitration
Association (AAA) in Los Angeles, California, USA, provided that the
foregoing shall not prevent Website from seeking injunctive relief in a
court of competent jurisdiction.

Now is the above based on where my actual server is? Which happens to be California so I just leave this? Or is this based on where the site owner lives? I live in New Zealand, so should I be substituting USA for New Zealand? If anyone knows thanks!!

[kall]

Hey hey fellow Kiwi!

I use New Zealand in mine..because it's targetted at Kiwis, and I also live here, so it makes it easier to contact *our* law enforcement officials than say, those of California's.

What's your target niche? In some cases it would be an idea to leave it as Cali, because the Host would have to obey the laws of that state.

[sross]

Originally Posted by kall

Hey hey fellow Kiwi!

I use New Zealand in mine..because it's targetted at Kiwis, and I also live here, so it makes it easier to contact *our* law enforcement officials than say, those of California's.

What's your target niche? In some cases it would be an idea to leave it as Cali, because the Host would have to obey the laws of that state.

Hey there

Well my site is an international photography community. I rent a dedicated server in California. The breakdown in users would be North America, UK, Aus, etc.

[kall]

Well.. I would still consider using New Zealand...geographical convenience.

Perhaps "New Zealand [B]or [B]California"? And specify that the server is there?

God, it gives me a headache to read that.

Legal stuff always does.

[sross]

cool, also, do you think this covers me for the content posted on my site? Basically I do not want anyone to have the right to delete their account or posts. I already know my members are ok with that and it's just to ease the overhead of people wanting to leave-have their account deleted-have their posts deleted, etc.

(site name) does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the (site name) Services. After posting your Content to the (site name) Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the (site name) Services, you hereby grant to (site name) a permanent license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the (site name) Services. We will not delete your account or posts should you choose to no longer participate using (site name) Services, however you may request your real name be changed to an anonymous name if needed. To end your use of (site name) Services simply refrain from visiting (site name).

If I interpret this correctly it says they own the content, yet give me the right to use it permanently. That then gives me the power to keep their account and posts..

[kall]

It looks okay to me, but I'm no lawyer.

If you are really worried about it all, see if you can find a lawyer. CAB should be able to point you in the right direction.. and Citizens Advice Bureau advice is free.

[Chris M]

Unfortunately that will not cover you; The United Kingdom Privacy Laws are respected by that of the United States and all friendly countries, therefore if I choose to have my account deleted from your site for Privacy reasons, you must comply - However, regarding post content, that is something that you would need to speak to a lawyer about; I as an individual can post it anywhere I choose providing the content is mine, but under Copyright laws you need my permission to post it elsewhere; If you stipulate that by posting it on your site you are taking part-ownership of the content for use on your site, that would cover you, although open you to the issues of bad post content etc...

Its a tricky situation, you'd be best consulting a Lawyer about it, however, as a British citizen, a country on friendly terms with the United States, stating that removing my account is not allowed unfortunately does not make it so; I assume that Privacy Laws in this country will override your rights in this instance

Chris

[sross]

Well, I can live with deleting an account, but not some joker telling me to delete 4,000 posts (posts that add value to the community), so that's the main thing I want to cover. I was thinking that stating this:

By displaying or publishing ("posting") any Content on or through the (site name) Services, you hereby grant to (site name) a permanent license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the (site name) Services.

I guess wether it can be enforced or not is the question. They agreed to give me a permanent license to use that content. Guess I'll have to find a lawyer to advise me..

[Chris M]

That wording could confuse some people as to your intentions; I had to read it twice to actually recognise that you meant re-distribution within your own site...

Chris