The changes in the statement take affect July 1st, I believe. If you just shut everything down now, you'll be fine. That's what I did when I first heard about it. They sent out an email a week ago or something going over all the changes being made.
Okay, I am not a lawyer. That said, this looks like sour grapes. I've read the sections as follows:
6.1 CafePress.com will solely and exclusively own all intellectual property and other rights, title and interest in and to the CafePress.com Service, and CafePress.com will have the sole and exclusive right to obtain trademark and copyright registrations, patents and other protection therefor, and you will not acquire any right, title or interest therein, under this Agreement or otherwise.
6.2 You hereby grant to CafePress.com a royalty-free, worldwide, nonexclusive, right and license to use the trademarks, trade names, designs, logos and other images that you upload to your image basket in connection with your use of the CafePress.com Service ("Party Marks"). If you or CafePress.com terminate your account, CafePress.com will cease its use of the Party Marks within 90 days of the termination.
6.1 clearly applies to their own service and trademarks, the name CafePress, etc. It means that by using their service you cannot claim to be CafePress, etc. 6.2 explains that you grant them the legally necessary rights for them to do what they do... that is put your images on their products. They also clearly state that they will cease the use of these rights when you terminate your account.
5.6 If you or CafePress.com terminate your account, and you have less than $25.00 in accrued but unpaid compensation then outstanding, CafePress.com may charge you a termination fee equal to the amount of such accrued compensation to cover its administrative costs.
They are not paying you less than $25 when you terminate your account... saves them cutting lots of small checks and is no doubt a good business move on their part.
5.2 CafePress.com will compensate you as follows: CafePress.com charges a base price for each Product that you manufacture with the CafePress.com Service ("Base Price"). You set the selling price for each Product ("Selling Price"). CafePress.com will then owe you a percentage of the difference between the Selling Price and the Base Price. Effective as of July 1, 2003 this percentage is set at 95%, and may be changed from time to time by CafePress.com.
Okay, the 95% payout there is clear... this simply means they are shifting their own markup out of the base price of the product and into what used to be your exclusive profit. This could have been just as easily done by a 5% increase in prices across the board. I can't see the big deal here.
5.5 If CafePress.com owes you accrued compensation that is less than the Payment Threshold for at least 180 days, then CafePress.com may charge your account a $25.00 monthly maintenance fee. CafePress.com will continue to charge this monthly fee as long as the total amount of accrued compensation remains less than the Payment Threshold for at least 180 days.
This is the only one I cannot justify... as it is written, it could quite easly send all small accounts into negative balances. I'm trying to find a clause that says that your account can never go negative... but I'm not seeing it. This is the one that actually does worry me, but it's hardly as bad as the intellectual property rights crap your source provided... this happened to Geocities a while back too and it was incorrect then. They are claiming rights that allow them to do what you are asking them to do!
I've seen nothing in here about requiring a social security number, but there's no reason to disbelive that other than... I have an account with them and they've sent me no email asking me to update my account.
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Date: 2003-06-04 09:30 am (UTC)Does this mean that if I terminate my account, I owe them $25?? Is that even legal??
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Date: 2003-06-04 09:36 am (UTC)no subject
Date: 2003-06-04 09:40 am (UTC)Anyone know of any alternative on-demant shirt/stuff prniting places on the 'net? I'd hate to have to take down absolutely everything permanently.
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Date: 2003-06-04 09:49 am (UTC)no subject
Date: 2003-06-04 11:37 am (UTC)6.1 clearly applies to their own service and trademarks, the name CafePress, etc. It means that by using their service you cannot claim to be CafePress, etc. 6.2 explains that you grant them the legally necessary rights for them to do what they do... that is put your images on their products. They also clearly state that they will cease the use of these rights when you terminate your account.
They are not paying you less than $25 when you terminate your account... saves them cutting lots of small checks and is no doubt a good business move on their part.
Okay, the 95% payout there is clear... this simply means they are shifting their own markup out of the base price of the product and into what used to be your exclusive profit. This could have been just as easily done by a 5% increase in prices across the board. I can't see the big deal here.
This is the only one I cannot justify... as it is written, it could quite easly send all small accounts into negative balances. I'm trying to find a clause that says that your account can never go negative... but I'm not seeing it. This is the one that actually does worry me, but it's hardly as bad as the intellectual property rights crap your source provided... this happened to Geocities a while back too and it was incorrect then. They are claiming rights that allow them to do what you are asking them to do!
I've seen nothing in here about requiring a social security number, but there's no reason to disbelive that other than... I have an account with them and they've sent me no email asking me to update my account.