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.
>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