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Subject: Important news for CafePress.com service users


Kethram ( ) posted Wed, 11 June 2003 at 10:01 AM · edited Sun, 03 November 2024 at 2:14 PM

Attached Link: http://www.giveneyestosee.com/say-no-to-cafepress/

I just read that CafePress.com have changed their TOS, without informing their users. Anyone who has a store there should read the new TOS and reconsider if they want to keep the store or take it down. Believe me, you WILL want to terminate all business with them.

The most important change they've made:
6.1 CafePress.com will solely and exclusively own all intellectual property and other rights, title and interest in and to the CafePress.com Service, and CafePress.com will have the sole and exclusive right to obtain trademark and copyright registrations, patents and other protection therefor, and you will not acquire any right, title or interest therein, under this Agreement or otherwise.

This means that you give up all rights to the art you have created. Furthermore, you are not allowed to use that same art in any other form. Follow the link if you want to read more about this.

I don't know how many Renderosity members use CafePress.com, but perhaps this message should be displayed on the front page.


Jumpstartme2 ( ) posted Wed, 11 June 2003 at 12:06 PM

Whoa! I have stores there.. I think that maybe you are right, and this needs to be displayed on the front page {at least for awhile}

~Jani

Renderosity Community Admin
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Tagarack ( ) posted Wed, 11 June 2003 at 2:20 PM

Was just there to delete my account and Cafepress has issued a statement on the cancellation page, regarding the bad wording of their latest TOS change. What they meant by the above is that they have the right to their website designs, logos, etc. They did no mean that they can take your property and do what they want with it. However, I canceled my account anyway because of the fees they are planning on charging (in their new TOS) for stores that don't "tow the line"


gildedgecko ( ) posted Wed, 11 June 2003 at 5:40 PM

Hold on... Don't panic... I don't think that's what that means. I think it means CafePress.com is the only entity that can trademark or copyright the CafePress SERVICE and accompanying accoutrements. So you as a merchant get no portion of the CAFEPRESS interest. You make your money, they make theirs, and you get none of theirs. They are not claiming copyright of your stuff.


Jumpstartme2 ( ) posted Thu, 12 June 2003 at 2:18 AM

Maybe not, but they still need to reword a few things in that new member agreement.several people have noticed that word "use" and are confused by it {Actually, I think more people are upset over the 5% skimming off of already low profits, and the new tier thing, than they are over copyrights.} And CP also needs to address the issue with the store owners, and not send in the mods with their own views IMO.. Regardless, I think this thread needs to be in OT {it will most likely get moved} :P

~Jani

Renderosity Community Admin
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Kethram ( ) posted Thu, 12 June 2003 at 3:35 AM

gildedgecko you're right, they do mean they have the rights to their own logo's (or so they say). But as long as they do not change the wording it is very confusing and could be interpreted the wrong way. Do you really want to take that risk?


Zenithscope ( ) posted Tue, 17 June 2003 at 9:40 AM

This is what cafeshop says about the matter when you try to close a shop. ---------------------------------------------------- Clarification on Member Agreement regarding Trademark/Copyright Ownership There is some mis-information spreading that we are taking over and stealing everyones content. So we want to clarify and make sure everyone understands that this is absolutely NOT TRUE. We know that the language of lawyers (legalese) is indeed foreign to most of us - so we would like do a step by step explanation on clauses 6.1 - 6.3. Please let us know if anyone has any questions! 6.1 CafePress.com will solely and exclusively own all intellectual property and other rights, title and interest in and to the CafePress.com Service, and CafePress.com will have the sole and exclusive right to obtain trademark and copyright registrations, patents and other protection therefor. You will not acquire any right, title or interest in any rights of CafePress.com under this Agreement or otherwise. This clause basically states that CafePress owns the rights to the Web site and service - and that we have the right to register and protect the trademarks and copyrights to our service. This clause has nothing to do with the content provided by our members. 6.2 You hereby grant to CafePress.com a non-exclusive, royalty-free right, during the term of this Agreement, to utilize your existing trademarks, trade names, designs and logos (collectively referred to as "Party Marks") in connection with the advertising, promotion, production and sale of the products and services you choose to sell in accordance with this Agreement. This clause gives us the rights we need to produce and ship the items you want to sell through our service. You give us a royalty-free and non-exclusive right - which means we don't pay a licensing fee for the artwork/content and our agreement is non-exclusive. This clause points out you are the owner of your trademarks, names, designs and logos. 6.3 You grant CafePress.com permission to reproduce your Party Marks in CafePress.com marketing and advertising, provided CafePress.com credits you and/or the original artist as actual owner of the Party Marks. CafePress.com will not represent ownership of any of your designs. We run ads and promotions to drive traffic to our member's stores - and when we do so and promote your store - we have to credit you as the owner of your artwork. The last line specifically says "CafePress.com will not represent ownership of any of your designs." We hope this better explains our Intellectual Property policies. If you have any questions, please email m@cafepress.com


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