
Introducing Spoken.co - djug
https://medium.com/@cameronmoll/introducing-spoken-co-f0cc2c3095e
======
Nadya
I signed up regardless, but am really untrusting of terms like this.

>We reserve the right, at our sole discretion, to modify or replace these
Terms at any time. If a revision is material we will provide at least 30 days
notice prior to any new terms taking effect. What constitutes a material
change will be determined at our sole discretion.

So Spoken determines that no change is material and therefore never needs to
provide a 30 days notice and can update their Terms of Service at any time
without your knowledge. This is of course, assuming bad faith and bad conduct.
This would be harmful to them if any users discovered the material change that
wasn't given notice. But it's still a possibility, and that makes me
uncomfortable.

>INDEMNIFICATION

This entire section. It's becoming increasingly popular in ToS of web-based
services and I dislike that. Also, and correct me if I'm mistaken, but with
how it is phrased they do not need to follow their ToS because you agree to
defend them if they breach the Terms. This should specify the user breaching
the Terms as it reads, currently, it seems to include if Spoken breaches their
own Terms.

>b) a breach of these Terms

>If you wish to terminate your account, you may simply discontinue using the
Service.

This should be removed or reworded because that does not constitute
terminating the account - as the account still exists. This implies the
account is deleted if one stops using the service. I find that very
misleading.

>However, by posting Content using the Service you grant us the right to
publicly display, reproduce, and distribute such Content on and through the
Service. You agree that this license includes the right for us to make your
Content available to other users of the Service, who may also use your Content
subject to these Terms.

Doesn't this allow other users to "reproduce" through the Service, your
content? As you are waiving your rights on the content so long as it is shared
on or through the Service for public display, reproduction, and distribution.

eg. I submit a spoken word piece. User Thief steals my work for their profile.
Since I waived my rights for distribution through the Service, they are not
breaching ToS and I cannot file copyright claims as I've waived my rights. So
long as they are sharing on the Service and not a 3rd-party site of course.

Final note: IANAL

