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Salopian 
"Four ever European"
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 Posted - 12/31/2009 : 04:18:34
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| I've tried on two different interfaces but I can't see any text under 4. Eligibility. I don't really want to have to 'agree' to something that is inexplicably empty... |
Edited by - Salopian on 12/31/2009 15:59:30 |
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Salopian
"Four ever European"
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Posted - 12/31/2009 : 04:36:25
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| Also, it seems that one cannot even view any part of the main site without agreeing (unless not agreeing also takes one through!). This seems a major disincentive to casual visitors, many of whom may not want to submit any reviews at all -- I wouldn't agree to that sort of wording (vague references to collecting one's data) just to see a website from a link I'd clicked on idly. |
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Sean 
"Necrosphenisciform anthropophagist."
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Posted - 12/31/2009 : 04:56:36
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quote:
Originally posted by Sa10pian
Also, it seems that one cannot even view any part of the main site without agreeing (unless not agreeing also takes one through!). This seems a major disincentive to casual visitors...
Nope, casual visitors are obviously logged out, and all pages are visible in a logged out state (they are to me, anyway). |
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aahaa, muahaha 
"Optimistic altruist, incurable romantic"
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Posted - 12/31/2009 : 07:02:53
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(b) Trademarks
The Four Word Film Review, FWFR, FWFR.COM, and the "Four Word Film Review" logo (collectively, the "FWFR Marks") are trademarks or registered trademarks of Four Word Film Review. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third-parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the FWFR Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the FWFR Marks generated as a result of Your use of the Website and Services will inure to the benefit of Four Word Film Review, and You agree to assign, and hereby do assign, all such goodwill to Four Word Film Review. You shall not at any time, nor shall You assist others to, challenge FWFR to Fat Loss, LLC's right, title, or interest in or to, or the validity of, the FWFR Marks.
Benj, don't you need to include fwfr.co.uk?
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Larry 
"Larry's time / sat merrily"
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Posted - 12/31/2009 : 12:09:10
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Fat Loss??? |
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benj clews
"...."
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Posted - 12/31/2009 : 13:24:54
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quote:
Originally posted by Sa10pian
I've tried on two different interfaces but I can't see any text under 4. Eligibility. I don't really want to have to 'agree' to something that is inexplicably empty...
You don't have a scroll bar on the right? Which browsers have you tried so far? |
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benj clews
"...."
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Posted - 12/31/2009 : 13:26:09
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quote:
Originally posted by Larry
Fat Loss???
Curious. I'll double check that with the lawyer  |
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Salopian
"Four ever European"
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Posted - 12/31/2009 : 14:26:37
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quote:
Originally posted by Se�n
Nope, casual visitors are obviously logged out, and all pages are visible in a logged out state
O.K., that's good. |
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Salopian
"Four ever European"
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Posted - 12/31/2009 : 14:37:23
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quote:
Originally posted by benj clews
You don't have a scroll bar on the right? Which browsers have you tried so far?
Thanks. No scrollbar on the iPhone, where I saw it first (my main place to use the site) and then I didn't notice on my computer as I just looked at number 4 -- it didn't occur to me that there was a lot more text, which I realise was rather stupid, and thus scrolling. Sorry about that. |
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benj clews
"...."
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Posted - 12/31/2009 : 14:46:22
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quote:
Originally posted by Sa10pian
quote:
Originally posted by benj clews
You don't have a scroll bar on the right? Which browsers have you tried so far?
Thanks. No scrollbar on the iPhone, where I saw it first (my main place to use the site) and then I didn't notice on my computer as I just looked at number 4 -- it didn't occur to me that there was a lot more text, which I realise was rather stupid, and thus scrolling. Sorry about that.
No probs. Ideally, I'd have liked to put the complete text down the page without using a scrollbar, but that'd be one seriously long page  |
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Salopian
"Four ever European"
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Posted - 12/31/2009 : 15:17:10
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Right, I've read through it all now. There are various things which it disclaims that I'm not sure it has a right to disclaim, but that's normal with these things and wouldn't make any difference when it came down to it.
It seems odd basing it in San Francisco. Is that standard for Internet things or something?
Since we log into the Fourum separately, shouldn't that part be prefixed here rather than or as well as on the main site?
Why no under 16s? That would have ruled out shoon when he joined, amongst others, which would have been terrible. Also, an age requirement should be highlighted separately, since that actually excludes some people rather than just being a rule of behaviour.
The main issue seems to be section 15. I'm sure you've thought about this but it's hard to interpret how the site could not massively be in contravention of this. I'm amazed that 'filth' is a legally meaningful word, by the way! I'm not happy that racism alone is specified as well as 'hate' in general, as the unavoidable implication is that other forms of prejudice are less serious. It's also odd to use 'hate' in such a context, as I'd be surprised if it legally means prejudice. According to this section, we cannot even express hatred for the Nazis, for example. In general, the wording could be rather tauter.
'Third parties' is not hyphenated by any stretch of the imagination. |
Edited by - Salopian on 12/31/2009 15:20:19 |
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benj clews
"...."
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Posted - 12/31/2009 : 15:48:22
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You know what? If you don't want to agree to it- don't. It's that simple.
The whole reason for the new Terms of Use is purely to cover us legally regarding the re-use of reviews in the book. Anything else in the Terms of Use is standard blurb for websites which I'm not concerned with enforcing. |
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Salopian
"Four ever European"
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Posted - 12/31/2009 : 16:04:23
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| You wanting to enforce things is neither here nor there. The point is that other parties can expect the site to adhere to its own terms and object if it doesn't. And they can certainly object to biased wording without signing up to it. |
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Rovark
"Luck-pushing, rule-bending, chance-taking reviewer"
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Posted - 12/31/2009 : 16:32:00
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Signed, sealed, delivered.
Glad to be on board Benj.
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BaftaBaby 
"Always entranced by cinema."
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Posted - 12/31/2009 : 18:02:39
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Happy to sign up, benj! And onwards and upwards with the book! YAY benj.
I just hope when you're a literary millionaire you don't forget us little peeps 
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Sludge
"Charlie Don't Serf!"
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Posted - 12/31/2009 : 21:51:03
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I would think SF is a good place because the courts are more familiar with the ways of the internets.
Okay, so here's where I worry:
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15. OBJECTIONABLE CONTENT
You represent and warrant that you shall not use the Website or Services to upload, post, transmit, display, perform or distribute any content, information or materials that: (a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child pornography; (c) solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18; (d) incite, encourage or threaten physical harm against another; (e) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people; (f) glamorize the use of hard core illegal substances and drugs; (g) advertise or otherwise solicit funds or constitute a solicitation for goods or services; (h) violate any provision of this Agreement or any other FWFR agreement or policy; or (i) is generally offensive or in bad taste, as determined by FWFR (collectively, "Objectionable Content"). FWFR DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE CONTENTS OF THE WEBSITE AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED HEREON. Without limiting any of its other remedies, FWFR reserves the right to terminate Your use of the Website and Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. FWFR, in its sole discretion, may delete any Objectionable Content from its servers. FWFR intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
There go a bunch of my forum posts and basically all my Michael Jackson reviews. :-(
I think there could be a real problem here in that many films historically have many of the problems listed above, and it's hard to sum those films up in 4 words without stumbling over that territory. I would suggest leaving it out and just saying that fwfr.com reserves the right to remove any content which it deems objectionable. I don't think you have to go down the road of explicitly describing "objectionable" content as you (Benj) already have the right to do whatever you deem necessary in the forums and with fwfr's. It is clearly established that fwfr is not a free for all - every single review has been reviewed and approved before being published on the site. It's not a paid member site and I can't imagine you being liable for "damages" as I don't believe, when logging in or visiting the site, that I am walking into what is legally classified as a public (i.e, free speech) forum. The site is leased and paid for not by me. The site could go down tomorrow and I'd have no legal recourse about lost data etc.
Maybe MguyX could go into the Pruneyard decision which did, in one interpretation, allow activists onto "private" property established for public access such as shopping malls, but that was given a more narrow interpretation I think in 1997 which kind of threw the earlier one out the window. |
Edited by - Sludge on 12/31/2009 21:56:32 |
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New conditions
