If you put time into the work product without compensation from the host, who owns the work product? I know some people that put hundreds of hours into facebook, and if they decide to take their content elsewhere, it should remain owned by the creator, correct? But, whatever. I have no idea what civil liberties are waived when you sign up with their hosting service, and what’s buried in the TOS.

But be skeptical when Facebook has to put out a poll asking for input to their own TOS. Why are they working so hard to keep the new TOS? Why do they even have to ask for feedback? Just revert back to the old TOS.

As no one has mentioned this yet, Facebook has reverted back to their old TOS until their new TOS can be corrected, and I would guess properly addressed.

So I would say kudos to Facebook for at least realizing their mistake (whether it be in the TOS, or simply incorrect PR over the new TOS), and taking some action. It could have been just as easy to continue on, brush everything off, and wait for this to blow over.

Terms of Use Update

Over the past few days, we have received a lot of feedback about the new terms we posted two weeks ago. Because of this response, we have decided to return to our previous Terms of Use while we resolve the issues that people have raised.

If you want to share your thoughts on what should be in the new terms, check out our group Facebook Bill of Rights and Responsibilities.

This morning, there was this on FB:
Over the past few days, we have received a lot of feedback about the new terms we posted two weeks ago. Because of this response, we have decided to return to our previous Terms of Use while we resolve the issues that people have raised. For more information, visit the Facebook Blog.

If you want to share your thoughts on what should be in the new terms, check out our group Facebook Bill of Rights and Responsibilities.

So say a user sends a message to a friend, then later deletes their account; the new TOS language clarifies that Facebook doesn’t have to delete that message from their friend’s inbox.

If that was all they meant they could have easily written just that. They didn’t, and it wasn’t.

Nice whitewash attempt, though.

Floor 64 TOS http://www.insightcommunity.com/terms.php

6.2 Confidential Information; Nonuse and Nondisclosure

It may be necessary for Floor64 to disclose to you certain proprietary or confidential information, which may include, without limitation, information that relates to Floor64’s or the Sponsoring Companies’ products, designs, business plans, business opportunities, finances, research, development, know-how, personnel, or other information that relate to confidential or proprietary aspects of our or their businesses (“Confidential Information”).
You agree not to use any Confidential Information for any purpose except only to the extent necessary to submit a Contributor Submission. You agree not to disclose or allow access to any Confidential Information to any third parties (including to Floor64’s competitors). You further acknowledge and agree that in the event of any unauthorized use or disclosure or threat of unauthorized use or disclosure of any Confidential Information (including, but not limited to, information concerning Floor64 or its Sponsoring Companies’ current or any future and proposed work, services or products, the facts that any such work, services, or products are planned, under consideration, or in production, as well as any descriptions thereof), Floor64 shall be entitled to preliminary and final injunctions, enjoining and restraining such use or disclosure or threatened use or disclosure.
6.3 Nonconfidential Contributor Submissions: Grant of Rights

If a particular Case is NOT marked as confidential by Floor64:

i) You retain ownership of your Contributor Submission. For clarification, this means that, subject to the license to Floor64 below, you reserve all rights and retain the right to assign, sublicense, reproduce, distribute, display, perform, create derivative works from and otherwise use your Contributor Submission for any purpose whatsoever.

ii) While Floor64 does not claim ownership of your submission, by submitting a Contributor Submission in response to an Case, you hereby grant to Floor64 a non-exclusive, assignable, sublicensable, paid-up, perpetual, irrevocable license to reproduce, distribute, display, perform, create derivative works from and otherwise use your Contributor Submission for any purpose (including, but not limited to, promotional use and sublicensing such Contributor Submission to third parties) at the sole discretion of Floor64 in any media now known or hereafter discovered. You also agree to irrevocably waive any claims and assertions of moral rights or rights of attributions with respect to any Contributor Submission. You understand that notwithstanding the foregoing, Floor64 makes no representations that it will publish or use your Contributor Submission in any way and may or may not use your Contributor Submissions in its sole discretion. You shall not have the right to enjoin the use of your Contributor Submission or to rescind any rights granted hereunder.

iii) With respect to any Challenge Case, unless and until such Challenge Case is selected by Floor64, the foregoing license is limited to use by Floor64, Sponsoring Companies and reviewers in evaluating your submission; and your Contributor Submission may be retained for future consideration in connection with comparable Cases.

iv) Additionally, while you retain ownership of your Contributor Submissions, nothing in this agreement grants you rights to or ownership of any other Contributor Submissions. Without written permission, you may not reproduce, distribute or display works from anyone else’s Contributor Submissions.

6.4 Confidential Contributor Submissions; Grant of Rights

If a particular Case is marked confidential by Floor64, your Contributor Submission is subject to an additional “Confidential Contributor Submission Agreement” that you will have agreed to before taking on such an Case.
6.5 Contributor Submissions Disclaimer.

You understand that when using the Insight Community you will be exposed to Contributor Submissions from a variety of sources, and that Floor64 is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Contributor Submissions. You further understand and acknowledge that you may be exposed to Contributor Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Floor64 with respect thereto. Floor64 does not endorse any Contributor Submissions or any opinion, recommendation or advice expressed therein, and Floor64 expressly disclaims any and all liability in connection with Contributor Submissions. If notified by a User or a content owner of a Contributor Submission that allegedly does not conform to this Terms of Service, Floor64 may investigate the allegation and determine in its sole discretion whether to remove the Contributor Submission, which it reserves the right to do at any time and without notice.
7. Compensation
7.1 Commission Cases

If your Contributor Submission meets the requirements for a given Commission Case, as set forth in the applicable Case and in these Terms (as solely determined by Floor64), then unless otherwise specified in connection with a specific Case, fees will be paid within 45 days of the issue closing, except that Floor64 reserves the right to delay payment until the aggregate amount due to you is at least $250.

7.3 Independent Contractor

Nothing in this Agreement shall in any way be construed to constitute you as an agent, employee or representative of Floor64, but you shall perform the Services as an independent contractor. You acknowledge and agree that you are obligated to report as income all compensation received by you pursuant to these Terms.

You are solely responsible for compliance with any state or federal tax law, tax law of any country, or any applicable international tax treaty. Floor64 will not: i) withhold FICA (Social Security) from any payments to you; ii) make state or federal unemployment insurance contributions on your behalf; (iii) withhold state and federal income tax from any payments to you; (iv) make disability insurance contributions on your behalf; or (v) obtain workers’ compensation insurance on your behalf. All payments are subject to your submission of appropriate tax forms for independent contractors.

12. Ownership; Proprietary Rights.

The Insight Community is owned and operated by Floor64. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Insight Community provided by Floor64 (the “Materials”) are protected by applicable laws. Except for any information provided in connection with Cases that are provided and owned by Sponsoring Companies, all Materials contained on the Insight Community are the property of Floor64 or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Floor64 or its affiliates and/or third-party licensors. Except as expressly authorized by Floor64, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Floor64 reserves all rights not expressly granted in this Terms of Service.
13. Indemnification.

You agree to indemnify, save, and hold Floor64, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, licensees, Sponsoring Companies and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of: (i) your use or misuse of the Insight Community; (ii) any violation by you of these Terms; (iii) any claims, liabilities, or expenses relating to compensation, tax, insurance, or benefit matters; and (iv) any breach of the representations, warranties, and covenants made by you herein or any third-party claim inconsistent with any of the foregoing. Floor64 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Floor64, and you agree to cooperate with Floor64’s defense of these claims. Floor64 will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
14. Disclaimers; No Warranties.

To the fullest extent permissible pursuant to applicable law, Floor64, and its affiliates, partners, assigning companies, and suppliers (“Floor64 parties”) disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Floor64 or through the Insight Community will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section 14, the term Floor64 includes the Floor64 parties’ officers, directors, employees, shareholders, agents, licensors and subcontractors. You expressly agree that the use of the Insight Community is at your sole risk. The Insight Community and any data, information, contributor submissions, reference sites, services, or applications made available in conjunction with or through the Insight Community (“Floor64 offerings”) are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied. No warranty is made that the Floor64 offerings will be uninterrupted, or free of errors, viruses or other harmful components and no warranty is made that any of the foregoing will be corrected, or in terms of correctness, accuracy, reliability, or otherwise.

You will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.
15. Limitation of Liability and Damages.
15.1 Limitation of Liability.

Under no circumstances, including, but not limited to, negligence, will the Floor64 parties be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues or loss of anticipated profits or any other loss or damage of any nature whatsoever) arising out of or relating to these terms, the Floor64 offerings, the contributor submissions, or any other interactions with Floor64, even if Floor64 or a Floor64 authorized representative has been advised of the possibility of such damages.
15.2 Limitation of Damages.

In no event will any of the Floor64 parties total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the Insight Community, your contributor submissions or your interaction with other Insight Community users (whether in contract, tort including negligence, warranty, or otherwise), exceed the amounts payable to you, if any for accepted contributor submissions, or one hundred dollars, whichever is greater.
16. Limitations by Applicable Law; Basis of the Bargain
16.1 Limitations by Applicable Law.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in this terms of service apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction in which you are located.
16.2 Basis of the Bargain.

You acknowledge and agree that Floor64 has offered its products and services, set its prices, and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Floor64, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Floor64. Floor64 would not be able to provide the Insight Community to you on an economically reasonable basis without these limitations.

18.4 Severability.

If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
18.5 Case.

These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Floor64 without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
18.6 Survival.

Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 5, 6, 7.4, 8-18. The confidentiality provisions set forth in Section 6.2 (“Confidential Information; Nonuse and Nondisclosure”) will survive for two (2) years following the termination of these Terms.
18.7 Headings.

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
18.8 Entire Agreement.

This is the entire agreement between you and Floor64 relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Floor64 as set forth in Section 4 above.