I tried, only to discover it's not even valid, because it's the translation. Which means if we sign, it won't hold up in US, Russia yes, but not necessarily internationally. So much is based on jurisdiction and international copyright laws, which change daily.
The servers are in Russia - so Russia law governs. But...it does have to be readable by the user, and a valid legally binding translation should be available. On the other hand, it can be seen as "shrink-wrap" which means whatever they want governs, particularly if it is free.
It's not enforceable for the paid users -- since if you are paying for a service, you have to be able to read the agreement. Also you have rights under the consumer protection act, and your content, which you paid to post, is protected under copyright law and international uniform commercial code laws.
But, if you aren't paying anything (which I'm because I do not pay for social media), then it's a basic shrink-wrap agreement. You either sign, or don't use the service. To be fair, all blog services have user agreements.
What concerns me:
"User provides to the Administration a non-exclusive (simple) license to use his/her Content in order to provide the Service by reproducing his/her Content as well as by making it public for the entire period the Content is posted on the Service. If User participates in any rankings or if User’s Content is used in any editorial projects of the Service, User provides to the Administration an additional authorisation to modify, shorten and amend his/her Content, to add images, a preamble, comments or any clarifications to his/her Content while using it, and in certain cases based on the Service functions, an authorisation to use User’s Content anonymously."
Of course they were already doing that...so, there's that.
I'm on the fence on what I'll do. The contract lawyer in me is balking. But, most of the stuff they are stating is pretty standard, boilerplate language. The disconcerting bits refer to unknown Russian laws and statutes. And my feelings towards Russia right now aren't pleasant - in particular in regards to the internet.
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Date: 4 Apr 2017 00:46 (UTC)The servers are in Russia - so Russia law governs. But...it does have to be readable by the user, and a valid legally binding translation should be available. On the other hand, it can be seen as "shrink-wrap" which means whatever they want governs, particularly if it is free.
It's not enforceable for the paid users -- since if you are paying for a service, you have to be able to read the agreement. Also you have rights under the consumer protection act, and your content, which you paid to post, is protected under copyright law and international uniform commercial code laws.
But, if you aren't paying anything (which I'm because I do not pay for social media), then it's a basic shrink-wrap agreement. You either sign, or don't use the service. To be fair, all blog services have user agreements.
What concerns me:
"User provides to the Administration a non-exclusive (simple) license to use his/her Content in order to provide the Service by reproducing his/her Content as well as by making it public for the entire period the Content is posted on the Service. If User participates in any rankings or if User’s Content is used in any editorial projects of the Service, User provides to the Administration an additional authorisation to modify, shorten and amend his/her Content, to add images, a preamble, comments or any clarifications to his/her Content while using it, and in certain cases based on the Service functions, an authorisation to use User’s Content anonymously."
Of course they were already doing that...so, there's that.
I'm on the fence on what I'll do. The contract lawyer in me is balking. But, most of the stuff they are stating is pretty standard, boilerplate language. The disconcerting bits refer to unknown Russian laws and statutes. And my feelings towards Russia right now aren't pleasant - in particular in regards to the internet.