New customer ratings terms...

[sillysausage]

Has anybody noticed the new customer ratings and terms of use that we must agree to in order to be able to post a review??? I find some of the content quite disturbing; I ended up not submitting my reivew and don't intend to ever post any again. I have highlighted the passages that I think are a source of concern. Am I over-reacting? Perhaps, but I am not going to give qvc permission to change and modify my review and use it for whatever purpose they see fit...

CUSTOMER RATINGS AND REVIEWS TERMS OF USE
These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by QVC-UK (the "CRR Service"). To the extent of any conflict between QVC-UK's Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CRR Service.
By submitting any content to QVC-UK, you represent and warrant that:

• you are the sole author and owner of the intellectual property rights thereto;
• all "moral rights" that you may have in such content have been voluntarily waived by you;
• all content that you post is accurate;
• you are at least 13 years old;
• use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

• that is known by you to be false, inaccurate or misleading;
• that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
• that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold QVC-UK (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant QVC-UK a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at QVC-UK's sole discretion. QVC-UK reserves the right to change, condense or delete any content on QVC-UK's website that QVC-UK deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. QVC-UK does not guarantee that you will have any recourse through QVC-UK to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, QVC-UK reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not QVC-UK, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of QVC-UK, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting your email address in connection with your rating and review, you agree that QVC-UK and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

 

[Snoopy]

Modify is the word that disturbs me.

 

[tinaborder]

The modify and adapt parts seem ridiculous. That means they could change the wording and make a 1 star review a 5 star review! Surely OFCOM wouldn't accept this?

 

[boffy]

sacre bleu! maybe some of the vendors are a little irked by some suggestions that the items sold on qvc are not all that.
i like reading a review as long as it does not break too many rules they are very informative.

 

[sillysausage]

sacre bleu! maybe some of the vendors are a little irked by some suggestions that the items sold on qvc are not all that.
i like reading a review as long as it does not break too many rules they are very informative.

Exactly, and now QVC is making it absolutely clear that any legal repercussions of any comments made are purely our problem - just as an incentive for us to continue giving our honest opinion on the fab goods which they are allegedly so proud of and confident it - yeah right!

 

[Pollybelle]

The wording mentions 'attorneys' so I presume it is something QVC US has on their site and it has been copied over. Given how litigious the US is, I guess QVC has to be careful about what is on their website in case someone sues because they were offended by a spelling mistake or something LOL.

 

[RedT]

Most of this is just standard copyright law, to prevent people seeking credit or royalties when something original (ie your comments) are submitted to QVC. It's just saying that by submitting it they own the copyright and you can't claim for it.

Am slightly purturbed by their right to modify it though.

Tx

 

[katyd]

When they say "modify" at a guess I would imagine that includes when they put it on the screen during a programme that they can cut it down to make it more of a "snapshot" rather than showing a mammoth review.

I wouldn't be too worried about it, they are probably tying up loose ends. I'm glad they've put some terms up because I was always a bit worried about people posting reviews that were almost defamatory. This way QVC cover themselves.

 

[carrots]

I don't like the implications either - they could substantially alter your comments to make them favourable and your name would still be on it.
I don't think I'll be putting any more reviews on there and that also means I won't be reading any - so a waste of time reading them as I don't think we'll get a balanced view of products.

Jan

 

[Lottie]

Does this look familiar?

"Content Submission to BAFTA/LA

By contributing or submitting any content to the Site, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant BAFTA/LA a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of BAFTA/LA, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. BAFTA/LA reserves the right to change, condense or delete any content on the Site that BAFTA/LA deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.

You agree that you shall not post any information:

* that is known by you to be false, inaccurate or misleading;
* that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
* that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
* that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
* for which you were compensated or granted any consideration by any third party;
* that includes any information that references other web sites, addresses, email addresses, contact information or phone numbers (except to the extent that this information is communicated with the good faith intention of providing other BAFTA/LA members with information that may benefit them);
* or that contains any computer viruses, worms or other potentially damaging computer programs or files.


Full article here:

http://209.85.229.132/search?q=cach...ate&cd=1&hl=en&ct=clnk&gl=uk&client=firefox-a

Either someone is using the same solicitors, or QVC have "lifted" the text in order to save some legal costs of getting a document drawn up!

 

[dollydimple]

hmm, so do you think that QVC 'are the author and owner of the intellectual property rights' of their 'own' terms and conditions then?

 

[jacaranda]

hmm, so do you think that QVC 'are the author and owner of the intellectual property rights' of their 'own' terms and conditions then?

Anyone want to send it to BAFTA to find out if they think they are paying for something they thought was unique to them???

 

[VALM]

It's rare that I read the reviews on there anyway as Chuntley has put me off them. I know that when I look at them there are not many that are short and to the point as the ones she reads out. Much rather read reviews on Makeupalley.com. Let's face it folks we now know that the reviews are not there for our benefit but as another sales tool for the QVC folks. x

 

[BurlyBeaR]

many of the glowing reviews on qvcuk.com sound totally fake to me. i dont believe real people write like that.

 

[Lottie]

Seems to be the "done thing" to nick someone's Terms and Conditions.

Hermes (parcelnet) nicked all of Royal Mails Terms and Conditions and regulations of what's allowed to be sent via their delivery process when they set up their myhermes.co.uk website

 

[Chrissi]

The modify and adapt parts seem ridiculous. That means they could change the wording and make a 1 star review a 5 star review! Surely OFCOM wouldn't accept this?

My feelings exactly!