VistaPrint T&C's rights grab, dont use them.
Posted on: Mon, 09/19/2011 - 21:59
VistaPrint T&C's rights grab, dont use them.
Was looking for photographic business cards and stumbled onto allegations of Vistaprint scamming people for money with monthly debits they didn't know they'd signed up for. However reading their t&c's was alarming too, particularly as it related to copyright. Read this excerpt from their site if you are thinking about submitting your own IP content:
Intellectual Property.
As part of your submission of Content, Vistaprint reserves the right to evaluate the possible use of the designs and/or other materials (“Designs”) embodied in the submitted Content in connection with Vistaprint Business Activities (“Evaluation”); for purposes of clarification, nothing herein shall require Vistaprint to evaluate any such Content or Design. You hereby grant to Vistaprint a fully paid up, non-exclusive and perpetual license, with the right to grant sublicenses, to allow Vistaprint and its employees, affiliates, agents, and customers to copy, use, display, modify, and distribute the Designs, in original or modified form, in connection with the Evaluation.
Vistaprint may elect to use your Design in connection with Vistaprint Business Activities. If Vistaprint does elect to use your Design in connection with Vistaprint Business Activities, subject to any additional terms and conditions agreed to by you and Vistaprint at the time of your submission of Content, you hereby grant to Vistaprint a fully paid up, non-exclusive and perpetual license, with the right to grant sublicenses, to allow Vistaprint and its employees, affiliates, agents, and customers to copy, use, display, modify, and distribute the Designs, in original or modified form, in connection with Vistaprint products and services and Vistaprint Business Activities and such license.
You represent and warrant to Vistaprint that: (i) the Content and each Design embodied therein are original work; and that the Designs and publication thereof, do not infringe the intellectual property rights, including copyrights, trademark and trade dress rights, or any other rights, of any third party, and (ii) in your submission of Content, you will comply with all applicable laws, rules, and regulations. You further represent and warrant to Vistaprint that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content or the Designs embodied therein; (ii) Vistaprint will not be required to make any payments to any third party in connection with its use of your Content, except for any expenses that Vistaprint may incur sponsoring a contest; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
To the maximum extent allowed by law, you hereby expressly waive all moral and other intellectual property rights and any other similar rights related to the use of the Content and the Designs embodied therein in connection with Vistaprint Business Activities including, but not limited to, the following waivers:
- (i)You expressly waive any and all rights related to the integrity of the Designs. You agree that the Designs may be cropped, modified, and/or combined with other design elements or features;
- (ii)You expressly waive any and all rights related to attribution. You agree that there is no obligation to use your name or to credit or attribute the Designs to you in any way, nonetheless you grant permission to Vistaprint to use your name in connection with the design at Vistaprint’s sole discretion;
- (iii)You expressly waive any and all rights related to disclosure. You agree that the Designs, both in the original form and in altered or modified forms, may be displayed, produced and distributed at whatever times and places and in whatever formats are desired by Vistaprint; and
- (iv)You expressly waive any and all rights related to retraction. You agree that it is your intention that this Waiver is intended to be permanent and perpetual.
Yes fair enough thanks. I wasn't make allegations personally simply passing on others comments.
These t&c's are on the vistaprint site and I thought they were the standard t&c's for content submission, however someone else has pointed out they are competition terms but I cant find any details of it either.
Source http://www.vistaprint.co.uk/customer-care/terms-of-use.aspx?xnav=foot
Submission of content terms and conditions. I clicked into this page following an online comment I saw, and when doing so didn't see any competition mentioned and simply took those "submission of content terms" as standard for general submission of your content for printing.
I think I have made a mistake, and these terms DO NOT apply to general submission of material. However it was an east mistake to make as its certainly not clear.
Apologies to vistaprint. Comment retracted.
What is the source URL for these T&C's please? They are not the "standard" Vistaprint T&C's at http://www.vistaprint.co.uk/customer-care/terms-of-use.aspx?xnav=foot and appear to relate to some sort of promotional contest. But I can't find any mention of any such contest at http://www.vistaprint.co.uk.
NB I have edited your post to insert "allegations of" to remove your defamatory assertion that Vistaprint is fraudulently taking money. Please do not post allegations that you cannot substantiate. Neither we nor you can afford to get sued.
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