Kiwibox

arainsb123 · Jul 11, 2007

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.

herdon · Jul 11, 2007

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

arainsb123 · Jul 12, 2007

Then what would be the de facto situation with regards to ownership of "transmissions"?

brianm · Jul 12, 2007

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 [email protected].

Read the terms and conditions of sites in FULL.

herdon · Jul 12, 2007

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.)

James D. Macdonald · Jul 12, 2007

I'm not certain that you can give away copyright without a physical, signed document. (And perhaps not even then....)

brianm · Jul 12, 2007

Havlen said:
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.

brianm · Jul 12, 2007

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.

herdon · Jul 12, 2007

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.

CaoPaux · Dec 8, 2016

Was soon bought by Magnitude Info Systems, which relaunched it as a social network.

Kiwibox

arainsb123

Learning!

herdon

What's up?

arainsb123

Learning!

brianm

Brian Boru

herdon

What's up?

James D. Macdonald

Your Genial Uncle

brianm

Brian Boru

brianm

Brian Boru

herdon

What's up?

CaoPaux

Mostly Harmless