Terms of Service

Photobucket members,

We recently updated the Terms of Service on our Website with the intent of adding more features that allow you to do more with your photos and content. Unfortunately, our new Terms of Service language was not clear, and did not accurately communicate our intent. We sincerely apologize for any confusion this may have caused.

As a result, we�ve just updated our Terms of Service, correcting and clarifying our intent and the limits of the license you grant us in accordance with your use of the Photobucket service.

The initial reason for the change was to address a concern related to members of our site linking their content to other bulletin boards, web sites, and other third parties. When that linking occurs, the content linked is now part of the third party site even if it is still physically on the Photobucket service. The change was intended to protect your content on third party sites. We also needed to add some language to allow you to print your images through our third party fulfillment company Qoop (the MakeIt button).

At Photobucket, our members are the heart and soul of what we do � your thoughts, behaviors, concerns and preferences drive our business, and we value your opinion. It is important to us to hear your concerns, and act swiftly and appropriately. We have revised our Terms of Service to clearly reflect our original intentions. These updated terms are posted here.

We want to make sure it�s clear that our privacy policy has not changed, and is linked at the bottom of our Terms of Service � Photobucket will not rent or sell your personal information for use by third parties.

It is our sincere hope that these changes clarify the intent behind our revised Terms of Service. Please feel free to pass along this note to any other concerned users with whom you come into contact. As always, we appreciate your feedback.

Thanks,

Alex Welch
CEO, Photobucket

Comments

[michelle]

i am very very upset maybe i invested in you and shouldnt have...

I was told i will be able to use photobucket all the time send as many pics as i want and all i get is your little pic that says photobucket after i have sent out like 15 pics. whats going on, i think i should get some reason or my money back.

[terapeut2006]

In my TERAPEUT2006 album 3 oldest Images blocked by Terms of Service. I do not remember those images but I wanna know which images I lost !!??

Thank You

[falcon13]

Mr. Welch -- Yesterday (21 March 2006) I was unable to log into my Photobucket account. I found this message: "Account banned for violating TOS"

I reviewed the new terms of service and see no reason why I sould be 'banned'. Please advise me the reason for banning my account. If there is some issue that I can solve, please let me know.

I've been using Photobucket for several years and enjoy the service reliability and ease of use.

Thanks

Paul Edwards
falcon13

[Laura]

I think i stupid you deleted my account jlicon2002 for violating your terms. I did not receive any notification as to what terms I violated. I am clueless to as to why you deleted me. I would like to know the exact term or terms I violated. I have another account on here now will that be deleted as well??? I read your terms and didn't see anything I did wrong. If someone can please explain this to me.

Why are video size limits in place? other sites like YouTube.com don't have a limit.

[Nicole]

so... does this mean that Photobucket is allowed to sell users' posted images without giving royalties to the photographer/artist? Apologies, I'm a little confused by the terminology regarding "services" and "use." Thanks.

I think a lot of people are really upset about this and I know a handful of people on some sites who are going to remove all their photos and change to a different photohost. I think you made the wrong decision.

[Scott]

I am concerned about how the change in terms of service has affect our account. We are paid members and our albums are set to private, so as not to share any of our pics to offend anyone. However, we have several hundred pics in an album that we now cannot access instead getting an image from photobucket that says the image has violated the terms of service. What am I paying for if all the images we uploaded for hosting and for our own personal use are gone?

[Andrew P. Rogers]

So, not a lawyer here, but as I read this 'improved terms' it basically reads as that you (Photobucket), or anyone you sell our content to, can make money off of our content in an unlimited fashion, without notification, compensation, or such other than the service itself and the acceptance of the terms set herein.

Just want to make sure I am clear in what Photobucket has turned into.

Concerned artist,

Andrew P. Rogers

[Akasha]

That's not good enough. My whole photobucket is private for my privacy for a reason - which is totally pointless if you are able to use my pictures without my permission.

[Nancy]

Please comment on a thread on Twopeasinabucket.com site thread entitled - Photobucket - Terms of Service have been updated...SCARY!!!
One of the comments is copied below. Everyone is taking their photos off of your site now.

Photobucket.com updated their Terms on 3/2/2006 and they're a bit disconcerting (bold added by me):

Before you use this site, please read these Terms of Service carefully as they govern your use of the services provided at Photobucket.com (the "Services". By using the Services you agree to the Terms of Service set forth below as they may be updated from time to time by Photobucket.com, Inc. ("Photobucket.com". Photobucket.com may modify or terminate the Services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party, provided that when Photobucket.com does so, it will update these Terms of Service. You are advised to periodically check the website for changes in the Terms of Service.

"User Content" means any videos, photographs, images text, graphics, news articles, charts, presentations, communications photographs, illustrations text, graphics, news articles, charts, presentations or other materials provided by you to Photobucket.com. Photobucket.com does not claim ownership rights in any User Content. In order for Photobucket.com to permit you to use the Services, you grant to Photobucket.com a perpetual, universal, non-exclusive, royalty-free, transferable, license to use, copy, distribute, modify, print, display and otherwise exploit in any manner any User Content and to enable third parties to use the Services to do the same

Thoughts?? Opinions?? Me thinks I need to find another hosting site..."otherwise exploit" is just a bit over the top for my tastes...