Honestly, I hope to back on Pinterest soon. As a social media geek, the site absolutely fascinates me!
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content through the Site, Application or Services, you hereby grant to Cold Brew Labs a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site, Application or Services. Cold Brew Labs does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
How Pinterest and other users can use your content. Subject to any applicable account settings you select, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, re-pin, modify (e.g., re-format), re-arrange, and distribute your User Content on Pinterest for the purposes of operating and providing the Service(s) to you and to our other Users. Nothing in these Terms shall restrict Pinterest’s rights under separate licenses to User Content. Please remember that the Pinterest Service is a public platform, and that other Users may search for, see, use, and/or re-pin any User Content that you make publicly available through the Service.
Non-exclusive….royalty-free…transferable..worldwide. Yeesh! That’s quite a commitment! But keep in mind that a subtle, but very major change to the new language is that this licenses is restricted to use On Pinterest. So, while other users could create a beautiful pinboard of your original photos, they could not take them and sell them, nor could Pinterest.
Whew! Good change!
You agree to indemnify and hold harmless Pinterest and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Services or Pinterest Content, (ii) your User Content, or (iii) your breach of any of these Terms.
Basically, “if you get sued for something you posted and didn’t have the permission to post…you’re on your own.” And remember, Copyright infringement is evaluated unders a standard of Strict Liability so it doesn’t matter if “you didn’t know it was protected by Copyright law” or “didn’t mean to share something protected”. If you violate Copyright law…you’re on the hook, whether you meant to or not.
So, the good news is that our voices have been heard and Pinterest has made some changes. Now, you have to decided whether the benefits of Pinterest outweigh the risks. Personally, I’m going to go back to the site, but will only be sharing content that I have personally created. It’s not as fun as going whole-hog and pinning everything out there that I see, but until I”m comfortable that I won’t be held personally liable because I re-pinned something that was uploaded without author permission…I’m just not willing to risk it.
As always, this is just my $.02. It’s not legal advice and I’m not trying to tell you whether you should or shouldn’t use Pinterest. I just want to help folks understand the potential risks. I’m up for any comments/feedback/criticism.