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Thread: Kiwibox

  1. #1
    Learning!
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    Kiwibox


    You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to Kiwibox.com ("Transmissions") shall be and remain Kiwibox.com's property.
    -- From the Kiwkibox Term [sic] of Use at http://www.kiwibox.com/terms.asp

    Kiwibox is an "online teen writing magazine" which will supposedly put your work in front of 1.8 million readers. What an honor to be published by them! Absynthe Muse, a teen writing community, has partnered with them.

    Not only am I expected to allow Kiwibox to publish my work without pay; I am expected to cede all rights, forever and irrevocably, to any "transmissions" I submit to them. I am expected to allow them to make money off of my writing (through the advertising on every page of their site) while reaping not one cent myself. I am expected to treat this as an honor; after all, who wouldn't want to published to an audience of 1.8 million readers?

    Oh wait! Most of those "readers" (read: users of the site interested only in posting their own content, not in reading other peoples') will never come across my "transmissions," just as most of the Net's one billion users won't come across a given Web site.
    I'm nobody! Who are you?
    Are you nobody, too?
    Then there's a pair of us don't tell!
    They'd banish us, you know.

    How dreary to be somebody!
    How public, like a frog
    To tell your name the livelong day
    To an admiring bog!

  2. #2
    I always heard minors can't legally sign a contract. Which, if true, would make the terms of usage moot.

  3. #3
    Learning!
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    Then what would be the de facto situation with regards to ownership of "transmissions"?
    I'm nobody! Who are you?
    Are you nobody, too?
    Then there's a pair of us don't tell!
    They'd banish us, you know.

    How dreary to be somebody!
    How public, like a frog
    To tell your name the livelong day
    To an admiring bog!

  4. #4
    Brian Boru brianm's Avatar
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    Anyone under the age of 18 can't be bound by contractual terms without the consent of a parent or guardian.

    It says this in their terms and conditions section.

    Anyone under the age of 18 must obtain parental permission before giving out any personally identifying information or sending any information to us. Children under age 13 must obtain parental permission to register on our site.
    It goes on to state this.

    The United States Children's Online Privacy Protection Act went into effect on April 21st, 2000. This act requires all web sites to obtain written permission from your parents before you can participate in KiwiMail, KiwiChat, KiwiNotes, PostBoards, or any other messaging areas. Your parents need to sign this form before you can have full access to Kiwibox.com. For more information about COPPA and Kiwibox.com's compliance information, read our F.A.Q. or email registration@kiwibox.net.
    Read the terms and conditions of sites in FULL.
    Last edited by brianm; 07-12-2007 at 10:04 PM.
    "This is one race of people for whom psychoanalysis is of no use whatsoever." Sigmund Freud (about the Irish)

    "Opera singers have resonance where their brains ought to be." Anna Russell

  5. #5
    I'm not a lawyer, but I can't see how that would come even close to holding up in any court. The minor can't be held accountable for obtaining permission anymore than they can be held accountable for anything else in the contract without their parent's signature.

    (Though I'm not sure how legally sound any passive contract such as that one would be anyways.)

  6. #6
    Your Genial Uncle Absolute Sage James D. Macdonald's Avatar
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    I'm not certain that you can give away copyright without a physical, signed document. (And perhaps not even then....)

  7. #7
    Brian Boru brianm's Avatar
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    Quote Originally Posted by Havlen View Post
    I'm not a lawyer, but I can't see how that would come even close to holding up in any court. The minor can't be held accountable for obtaining permission anymore than they can be held accountable for anything else in the contract without their parent's signature.

    (Though I'm not sure how legally sound any passive contract such as that one would be anyways.)
    The site REQUIRES the parent or guardian to complete a form and sign it prior to the minor becoming involved. Once the parent has done that, the terms and conditions (contract) are valid and enforceable. Read the terms and conditions page, especially the second section I posted above. It contains a link for the parents of the minor.
    "This is one race of people for whom psychoanalysis is of no use whatsoever." Sigmund Freud (about the Irish)

    "Opera singers have resonance where their brains ought to be." Anna Russell

  8. #8
    Brian Boru brianm's Avatar
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    Okay, I signed up at this site and gave my age as being 14. When I went to the terms and conditions page and clicked on the parental consent form, it told me I was okay to do what I wanted because I was either over the age of 18 or my parents had signed and turned in the form.

    Not good.
    "This is one race of people for whom psychoanalysis is of no use whatsoever." Sigmund Freud (about the Irish)

    "Opera singers have resonance where their brains ought to be." Anna Russell

  9. #9
    It seemed to me from what I read that it only required it when they were 13 or under -- but I admit I just skimmed over the site.

  10. #10
    Mostly Harmless SuperModerator CaoPaux's Avatar
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    Was soon bought by Magnitude Info Systems, which relaunched it as a social network.
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