For Clarification...

USE COMMON SENSE!!!!!!
As soon as you post something on to this site or any other, it is on the worldwide internet. Regardless of where you post it, anyone can pull it down, change/edit/modify it as much as they want. Yes, you can take legal action if YOUR content/material is taken off here & someone uses it as their own & makes money off it, but a good rule of thumb: if you don't want it out there in the public, DON'T POST IT! This goes for anything from forums posts to stories to poetry to pictures and everything in between. If you want to keep it private, keep it private. As soon as it hits the boards here or anywhere it is in the public domain !!!!!!!!!!


Site Policy

The site policy has not changed. It has been, and still is, the same. The disclaimers in the various areas of these forums (poetry, prose, writer's area, photo area, etc.) are NOT deviating from site policy: they are simply additional reminders to folks who post in those areas. The disclaimer posted into the blog area was simply a REMINDER for folks to remember what they are posting is public--it does NOT change site policy !!!!!

Site policy is that whatever is posted onto this site, whether it be story submissions, forums posts, pictures, blogs, prose, poetry or ANYTHING ELSE, belongs to the Site for the Site to use on the Site. PERIOD. Let's clarify that further. Once you post it, the BDSMLibrary is free to modify/remove/alter/edit/change/delete ANYTHING on this Site. Who is "The BDSMLibrary" ?? That is Tiger, the Site Owner, Torq, the Site Administrator and anyone they give persmission to (i.e. other Admins, mods, and staff). Practically speaking, content is generally only modified/changed/altered/edited/deleted/etc. if it violates the Rules of the area in which is it posted. HOWEVER, the Site Owner, Admins & staff reserve the right to make any of those alterations to anything posted if it is deemed necessary. By becoming a member & posting, you are agreeing to these guidelines of posting. If you disagree, don't post!

ONCE YOU POST IT, IT IS POSTED!!!! If you don't want something to be public knowledge or to be "out there",,,, DON'T POST IT !!!!!


Also, your user name on here is just that: a user name. If you have your account deleted or you are removed from this site, ALL your content changes over to "Guest" and you lose ALL rights to it.

Now, does this mean we're going to take your story, your pictures, your postings and compile a great book & publish it? NO. It means, however, that the Site owns that particular item on this site. Once you post it, you lose your property exclusivity rights to that piece of property on this Site !! You may continue to publish it elsewhere, or edit it or whatever you desire, but once you post it onto this Site, this Site owns the content and can use it on this Site !!! You no longer have exclusive rights to it because you gave your consent to the Site to use it by posting it.

Copyright protects certain intellectual property (such as writing) from mis-use & theft. HOWEVER, it ONLY protects that property when it is used in an un-consented to manner. You are CONSENTING to the site using the material in WHATEVER way it desires (within fair use guidelines set forth in US Copyright Law) by posting it on the Site. If you don't consent, don't post it! You can stick a Copyright mark on it, you can argue till you are blue that it is yours--but by posting, you are giving consent to this Site for its use. Patents won't protect you here either: patents aren't issued for written work or artwork--they are only issues for design, industrial, plant and a few other, technical objects & ideas. Trademark won't protect you either: trademark is simply owning a certain icon, phrase, etc. And there is a LONG legal process here in the states that you have to go through to obtain trademark rights.


This site follows the US laws, since it is based in the US. Granted, Intellectual Property laws vary between countries somewhat. However, because the server for this site is located in the US, this Site does, and will continue, to follow US laws regarding IP.

Liability v. Ownership
There is discussion in this thread also about the idea that if the Site wishes to not be liable for something (as stated in the registration boilerplate clause), then it can't own it. WRONG. Liability is not the same thing as ownership!!! This Site works hard to maintain proper, legal content. However, noteably in the registration boilerplate, as well as in other areas, members are constantly reminded that THEY are liable for WHATEVER they post: this is for legal reasons. The Site can't maintain 100% vigilence over every aspect of the entire Site 24/7. Also, the Site does not want up or downstream liability for postings, pictures, stories, etc. Ownership is actual ownership of the work & material on this Site. This Site, again, maintains ownership over anything & everything placed on it by any member, guest, visitor, or other person who may post here.


So, as the average user, what does this mean to me?
NOTHING. Nothing at all has changed from the previous years, nor is this Site different than most other sites of this nature. Once you post it, it's out there. It's out in the public domain, for all the world to see. This is why I, and my staff, continue to urge everyone to exercise COMMON SENSE and caution with posting pictures of themselves, as well as any other personal information.

Your posts are your posts. The site owner, myself and my staff don't have the time nor the inclination to alter/edit/delete/modify/etc. stories, etc, unless they violate the policies of these forums or this Site.

ALL of these guidelines & parameters are in place to maintain as open & free exchange of information & ideas as is possible in this day & age. IP law has come a long way & will continue to change as time goes on. As it does, we will continue to be observant & vigilant. We are also observant & vigilant of US laws regarding content & status of materials on this Site. The rules & guidelines are in place for a reason, and, as stated in the Forums guidelines, are subject to change by the Administration of the site.

ENJOY the site, but, as we always say, be careful--this Site, like everywhere on the internet is PUBLIC. You post it, it's out there.

Legal-ese
This Site's content is considered primarily "user-generated content," in that the users of the site generate & post the majority of the content on this site. User generated content must be checked for copyright infringement or unlawful use by the user (by posting on this site). This, however, applies to INCOMING content only--this Site is responsible to monitor & promote proper copyright & IP statutory law in ensuring users understand they are not to post content that is not their own without permission or acknowledgement that the content is not their own (for instance, it's ok to publish an article if you give the link to where you got it).

There is also a difference between taking something off of this site & using it elsewhere, and posting onto this site. Taking content off this site w/o permission & posting it elsewhere without permission IS a copyright violation (if you are not the original owner & poster of the information) & you can be held legally liable. People are free to look at your stories (etc.) here & comment, etc about them, but they are not free to take your story off here & publish it as their own or make money off of it without the consent of this site. HOWEVER, POSTING onto this site and then THIS SITE using the information does NOT break copyright law.

The issue of who owns what YOU post is simple: by posting, you are giving this Site permission to utilize your material in a fair use manner. In other words, you post it, the Site can use it.


Definitions:
Site: Site is the BDSMLibrary, domain name www.bdsmlibrary.com
Administrators: Anyone the Site Owner gives authority & permission to be in, and function in, that capacity & role
Staff: Anyone the Site Owner and Administrators give authority & permission to be in, and function in, that capacity & role
Material/posting: Material & posting refer to ANY AND ALL member and non-member content that is published on this site.
Exclusivity: Exclusivity refers to a person's exclusive rights to their intellectual property. Once placed on this public site, the exclusivitiy rights to the property are lost.