I believe, if you read the TOS, they are talking about downloading,
where the downloader
can't lawfully redistribute work they or their partners own.
Presumably, you would be a partner, if you created and uploaded
something, that they then redistributed. For the act of distribution
and reformatting, they would take some, and pass on the rest to you.
The TOS you mention here that is for downloaders and general users of
their services:
http://www.mynumo.com/general.php?inc=tac
is different than the one here which is for content owners who upload
stuff to sell:
http://www.mynumo.com/general.php?inc=signup
(the link is _javascript_.. with a popup window.. really kind of silly
for a contract they'd like to be binding.. if there was a dispute..
it's likely a judge or mediator would agree that the popup nature of it
meant that it was a very one sided contract, that was hard to link to
or save in a reasonable way, and easy to overlook while thinking the
TOS you sent to the list was the only TOS, so he would likely side
against MyNuMo if he thought it was a onesided contract -- but
nonetheless, you'll have to click it to get to this second TOS).
This other TOS for uploaders says:
" 7.1 Mutual Representations and Warranties. You represent and warrant
to MyNuMo.com and MyNuMo.com represents and warrants to you: (i) that
you or it has the full power and authority to enter into and perform
under these TAC, (ii) the execution and performance of your or its
obligations under these TAC do not constitute a breach of or conflict
with any other agreement or arrangement by which you or it is bound,
and (iii) these TAC are a legal, valid and binding obligation of the
party entering into these TAC, enforceable in accordance with their
terms and conditions."
"7.2 By You. You represent and warrant to MyNuMo.com that, in your use
of the MyNuMo.com Service, you: (i) will not infringe the copyright,
trademark, patent, trade secret, right of privacy, right of publicity
or other legal right of any third party and (ii) will comply with all
applicable laws, rules, and regulations. You further represent and
warrant to MyNuMo.com 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; (ii) MyNuMo.com will
not be required to make any payments to any third party in connection
with its use of your Content, except for the expenses that MyNuMo.com
incurs in providing the MyNuMo.com Service; (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."
In other words, MyNuMo.com is saying that you have to represent to them
by agreeing here, that you own your stuff, and don't have lawsuits
against it, before they can resell it and split the proceeds. And they
are saying you continue to own it in the rest of the agreement.
Just because you partner with them to sell content, doesn't mean they
own it, because you "uploaded" it to them. You definitely own your
stuff, and you can definitely remove it and sell it elsewhere if you
want to.
mary
On Apr 19, 2006, at 3:11 PM, Stephanie Bryant wrote:
> Yeah. The problem with these sites right now is that they don't have
> an interface where videobloggers can aggregate their vlogs to cell
> phone users for free.
>
> My ideal vision:
> A cell phone MMS gateway that your GP3-format RSS feed is mirrored to,
> and which includes enclosures as attachments. I haven't seen it yet,
> but I keep hoping.
>
> On 4/19/06, Harold Johnson <[EMAIL PROTECTED]> wrote:
>>
>> Is anyone actually buying content for mobile phones yet? I mean, the
>> vast
>> majority of mobile phone users have to pay for bandwidth, right? And
>> then
>> content, on top of that...It's way to expensive for most people right
>> now to
>> both pay for mobile phone data charges *and* for the content itself.
>> I'd
>> rather offer the content for free, being a mobile phone user
>> frustrated with
>> the expensiveness of wanting content but not being able to afford it
>> on my
>> device...
>>
>> Harold
>> Something That Happened:
>> a story presented in text, sound, and video
>> http://SomethingThatHappened.com
>>
>>
>> On 4/19/06, Andy Carvin <[EMAIL PROTECTED]> wrote:
>>>
>>>
>>> --- In videoblogging@yahoogroups.com, William Volk <[EMAIL PROTECTED]> wrote:
>>>>
>>>> This free site ... www.mynumo.com ... Automatically converts .mov,
>>> .mpg, and
>>>> .avi files into mobile and lets you sell them to mobile phone users.
>>>>
>>>> Check it out.
>>>>
>>>
>>> Have you read their user agreement?
>>>
>>> http://www.mynumo.com/general.php?inc=tac
>>>
>>> If I'm reading it right, it's worse than most of the ones I've seen.
>>> It makes no mention of you holding onto the rights of any content you
>>> upload - instead, it talks about them holding onto the rights:
>>>
>>> Service. You may use the Service only in accordance with the terms
>>> and
>>> conditions of this Agreement and any amendments as well as any
>>> additional terms that may be presented in connection with any
>>> particular feature or function of the Service from time to time.
>>> The Service is for your personal use. You understand and agree that
>>> you may not transmit or re-transmit, broadcast or re-broadcast or
>>> make
>>> any commercial use of the Service, including the Downloads and
>>> Subscriptions. For example, you may not copy or distribute the
>>> Service
>>> or the Downloads or the Subscriptions in any manner not expressly
>>> authorized by the Service.
>>> You may not attempt (or authorize, encourage or support others'
>>> attempts) to circumvent, reverse engineer, decrypt, break or
>>> otherwise
>>> alter or interfere with the Service, including the Downloads and the
>>> Subscriptions. You agree to advise MyNuMo promptly of any such
>>> unauthorized use(s) or attempt(s).
>>>
>>> Downloads and Subscriptions. You understand and acknowledge that the
>>> Downloads and Subscriptions made available as part of the Service are
>>> owned by MyNuMo, its business partners, affiliates and/or licensors,
>>> as applicable, and are protected by intellectual property laws.
>>> MyNuMo
>>> grants you a limited, non-exclusive, non-transferable, revocable
>>> right
>>> to download the Downloads and Subscriptions to your compatible device
>>> solely for your own non-commercial use. You understand and agree that
>>> you may not download, reproduce, modify, display, perform, transfer,
>>> distribute or otherwise use the Downloads or Subscriptions except as
>>> expressly provided in this Agreement. You understand and agree that
>>> you may not authorize, encourage or allow any Downloads or
>>> Subscriptions used or obtained by you to be reproduced, modified,
>>> displayed, performed, transferred, distributed or otherwise used by
>>> any other party, and you agree that you will take all reasonable
>>> steps
>>> to prevent any unauthorized reproduction and/or other use of them.
>>>
>>> Sounds pretty horrible to me - again, unless I'm reading this wrong.
>>> Workmen are drilling and hammering next door - not the best
>>> environment for interpreting legalese.
>>>
>>> andy
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> ________________________________
>> YAHOO! GROUPS LINKS
>>>
>>>
>>> Visit your group "videoblogging" on the web.
>>>
>>>
>>> To unsubscribe from this group, send an email to:
>>> [EMAIL PROTECTED]
>>>
>>>
>>> Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.
>>>
>>> ________________________________
>>
>>
>>
>>
>> ________________________________
>> YAHOO! GROUPS LINKS
>>
>>
>> Visit your group "videoblogging" on the web.
>>
>>
>> To unsubscribe from this group, send an email to:
>> [EMAIL PROTECTED]
>>
>>
>> Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.
>>
>> ________________________________
>>
>
>
> --
> Stephanie Bryant
> [EMAIL PROTECTED]
> Blogs, vlogs, and audioblogs at:
> http://www.mortaine.com/blogs
>
>
>
> Yahoo! Groups Links
>
>
>
>
>
>
>
>
>
Mary Hodder
CEO: Dabble
Blog: Napsterization.org/stories
YAHOO! GROUPS LINKS
- Visit your group "videoblogging" on the web.
- To unsubscribe from this group, send an email to:
[EMAIL PROTECTED]
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