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Old 08-24-2019, 03:58 PM   #46
Elfwreck
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Posts: 5,158
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Join Date: Nov 2008
Location: SF Bay Area, California, USA
Device: Clié; PRS-505; EZR Pocket Pro, PRS-600, Kobo Mini, Inkbook Prime
Quote:
Originally Posted by skillachie View Post
We only require this to allow us to filter content since children also use the platform to read the free children books that we have. Unfortunately, the laws require us to do this.

What we could do is change it to ask a two questions such as: Are you older than 13 years old? Are you older than 18 years old?

We have no interest in your actual birthday. Do you think just changing it to a two questions would be better?
Yes, that would be much better. It would indicate that you're using it for content restrictions, including legal ones, and not to gather data from the users.

Quote:
Zendesk is managed by Zendesk and so I cannot speak to their terms, however they would likely not require it since you can only open a support ticket. You are not required to create an account there at all. It is used for tutorials and support tickets get created automatically.
I got a bookfusion.zendesk.com account because it looked like that was needed to upload books. After signing up, it looks like that's the publisher side of things. The instructions were confusing.

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None of these terms apply to eBooks or content that an individual uploads to their private library. This applies to publishers only. Fanfiction is not considered copyright infringement. This terms applies only to Publishers but it is included in the general terms of service.
Good to know; thanks.

Quote:
This means that once you upload an eBook you give BookFusion to permission to edit(enhance it with metadata such as fetching book covers, author information and so on) and republish(convert and optimize the files for our integrated reading software)....
Based on your questions, it appears that the terms might not be clear as blanket terms and service was created for the platform initially. I just sent an email to the attorney that drafted these terms and shared your posts. Since your interpretation is not inline with our offering for private eBook readers. Those terms apply to publishers and authors.
Thanks! I understand how the boilerplate "we need copy/edit rights in order to, y'know, put your stuff online in different browsers," often reads the same as "we have the rights to do anything we want with your content." One way to mitigate that is to indicate that the rights end when a person shuts down their account or removes their content; I didn't see that in there.

Without that, it looked like it was saying, "once you put your books on our platform, you can't remove them and we can keep selling them forever, and we can make changes to them and sell that version instead." I was pretty sure that wasn't what was intended.

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However, I do not want any ambiguity or misinterpretations and have requested that they revise the terms and ensure they separate the terms required for publishers and readers.

Thank you for looking since others might share the same interpretation.
You're welcome, and thank you for working on clarifying the details.
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