Flickr now owned by SmugMug – new terms seem like a template for good

“FLICKR USERS: As of April 19, 2018, Fantastic Fox, Inc. has acquired Flickr.”

This seems like an enlightened and simple statement of reasonable terms. Something that many organisations could – if desired – learn from, if they want their users to trust them and understand their terms. And of course if they don’t have hidden motivation for unclear terms.
Key for me is this very clear limitation of their use of user generated content: “as is reasonably necessary in order to enable SmugMug to provide the Services”.

As always, I’m not a lawyer and this shouldn’t be taken as any form of advice, legal or otherwise.

The Content section of the new Flickr terms:

6. User Content

The Services may enable you to upload, post and transmit photos and videos to the Site or other portions of the Services (including to your user photo galleries or groups through the Services) and also provide you with access to discussion forums, blogs and other interactive areas in which you or other users may post or transmit photos, videos, text, music, messages, information or other content or materials (collectively, the “User Content”).

You retain all intellectual property rights in and to any User Content you post, upload or otherwise make available through the Services, including the copyright in and to your photos and videos. SmugMug does not claim any ownership, right, title or interest in and to your User Content.

Notwithstanding the foregoing, by uploading and/or posting any User Content to the Services, you grant SmugMug a perpetual, nonexclusive and royalty-free right to use the User Content (and the user name that is submitted in connection with such User Content) as is reasonably necessary in order to enable SmugMug to provide the Services, including to display the User Content on the Services.

You represent and warrant that (i) you own or otherwise control all of the rights to the User Content that you post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce such User Content and to grant the rights granted herein; (ii) the User Content you supply is accurate and not misleading; and (iii) the use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

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