Accepting Terms. Terms and Conditions.
I have said it many times before and will continue to say it (because some folks don’t get it until it’s too late): READ ALL AGREEMENTS BEFORE YOU ACCEPT THE TERMS. That includes, especially in today’s world, Terms of Use, Terms and Conditions, and Terms of Service. But regardless of the label, the essence is still the same, they are enforceable agreements and you need to read and understand them BEFORE you agree to those terms. Here is why: you give up your rights!
Can you guess which company has the following in its Terms of Use?
- The Services Generally. Except as expressly contemplated under these Terms, as between us and you, we will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Services, and in all Responses, logos and other materials created using the Services, in all media now known or later devised, to the fullest extent provided under United States and international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice posted in connection with the Services or any portion thereof.
Why is this so significant?
Because if you hire this company (and many like it) to create content for you, THEY and not you own all of the rights to that content. How do I know? Because the Terms of Use say so right here:
“As between us and you, we will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Services, and in all Responses, logos and other materials created using the Services…”
And there are a few more not-so-secret secrets lodged in these Terms that you won’t know about until you take time to read and understand them. Good luck with that!
This is why it’s imperative to read and understand all agreements before you accept them. And Terms and Conditions ARE legally enforceable agreements.
If you’re overwhelmed by these types of legal agreements, an attorney can always help you navigate through the fine print.
Feel free to join my conversation on Facebook, Facebook Esteemableacts Fan Page, or my Facebook Law Page, you can also interact with me on my Twitter Esteemable Acts page, Twitter Law Page, or on LinkedIn.
Until next time, I’m Attorney Francine Ward helping you protect what’s yours.
