So here's the thing. I actually make mobile apps, some of which are free to play.
That's a different ballpark than an adopted design which, again, you never informed me of the terms of use.
If you react to a mobile app user base in such a manner - for example, someone taking a screenshot of their character and posting it on Twitter - you should probably quit while your ahead because that's not just bad business, but outright being a dick.
And for the record, if a game makes changes to their TOS, they are requires to inform their users upon them opening the app after an update. Failing to do so would cause the app to be pulled from both the iStore and Google Play which I actually know from experience
Unless you explicitly state in your TOS that it covers things you don't explicitly state within (which, as of this moment, it does not) you can not penalize a person for doing something not covered by your TOS.
And, as mentioned before, you waived your right to enforce the TOS when you failed to explicitly mention it to me prior or during purchase.
You have the copyright to the image, yes, but you also sold me the right to use that image as a character with proper attribution which I did have. Your BS "revoke usage without payment" is an additional clause which, again, does not apply to me because you never required me to agree to your TOS, nor did you inform me of the updates to the TOS so I can agree to them.
Some TOS do apply retroactively but as you do not explicitly state this, nor was a retroactive clause in the version of the TOS that was active when I purchased, nor did you require me to agree to your TOS you /still have no leg to stand on/.
_featherweather
So here's the thing. I actually make mobile apps, some of which are free to play.
That's a different ballpark than an adopted design which, again, you never informed me of the terms of use.
If you react to a mobile app user base in such a manner - for example, someone taking a screenshot of their character and posting it on Twitter - you should probably quit while your ahead because that's not just bad business, but outright being a dick.
And for the record, if a game makes changes to their TOS, they are requires to inform their users upon them opening the app after an update. Failing to do so would cause the app to be pulled from both the iStore and Google Play which I actually know from experience
7 years, 2 months ago
As you said, this is different. And as an artist, my rights are mine unless I explicitly give them away, which I did not.
7 years, 2 months ago
No. They aren't.
Unless you explicitly state in your TOS that it covers things you don't explicitly state within (which, as of this moment, it does not) you can not penalize a person for doing something not covered by your TOS.
And, as mentioned before, you waived your right to enforce the TOS when you failed to explicitly mention it to me prior or during purchase.
You have the copyright to the image, yes, but you also sold me the right to use that image as a character with proper attribution which I did have. Your BS "revoke usage without payment" is an additional clause which, again, does not apply to me because you never required me to agree to your TOS, nor did you inform me of the updates to the TOS so I can agree to them.
Some TOS do apply retroactively but as you do not explicitly state this, nor was a retroactive clause in the version of the TOS that was active when I purchased, nor did you require me to agree to your TOS you /still have no leg to stand on/.
7 years, 2 months ago