Newsgroup: it.diritto.internet
Titolo: [Lungo] policy deviantart

deviantart.com
 e' un famoso sito dove artisti di tutto il mondo (amatori 
o no) pubblicano i loro lavori.
da un paio di giorni e' apparsa questa nuova policy e avrei alcune domande:
1. puo' essere retroattiva?
2. che valore legale ha per quanto riguarda il diritto d'autore in italia?
3. e' "legale" cambiare la policy senza dire nulla?
BEFORE YOU CLICK ON THE "I AGREE" BUTTON AT THE END OF THIS DOCUMENT, 
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING 
ON THE "I AGREE" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE 
BECOMING A PARTY TO THIS AGREEMENT WITH RESPECT TO THE WORK YOU ARE 
CURRENTLY SUBMITTING AS WELL AS WITH RESPECT TO WORK YOU HAVE SUBMITTED 
IN THE PAST AND MAY SUBMIT IN THE FUTURE. IF YOU DO NOT AGREE TO ALL OF 
THE TERMS OF THIS AGREEMENT, CLICK THE "I DO NOT AGREE" BUTTON AND DO 
NOT UPLOAD ANY MATERIALS TO THE DEVIANTART SITE(S).
AGREEMENT
This is the agreement ("Agreement") between you as either an individual 
artist or as the legal authorized representative of a group artist 
("Artist") and deviantART Inc., ("deviantART") concerning the uploading 
of Artist's audio, visual, audiovisual and other materials (the "Artist 
Materials" defined below) to the deviantART.com website or any 
successor(s) websites and/or websites to which the contents in whole or 
in part of deviantArt.com are assigned (the "deviantART Site(s)") and 
concerning deviantART's use of Artist Materials on the deviantART 
Site(s). If Artist is agreeing on behalf of a group artist or a group of 
artists then each reference to "Artist" in this Agreement refers to each 
member of the group or the group as a whole, as the case may be. Artist 
and deviantART acknowledge the exchange of mutual benefits and promises 
and other consideration and agree as follows with respect to new 
submissions of Artist Materials and any former submissions of Artist 
Materials:
    1. Term. The term ("Term") of this Agreement starts on the date that 
the Artist Materials are initially uploaded to any deviantART Site(s) 
and continues until either Artist or deviantART terminates this 
Agreement in writing, with or without cause or by the removal of Artist 
Materials for the purpose of termination. To the extent this Agreement 
is terminated by Artist, the rights granted in this Agreement will 
terminate only after Artist has removed all of Artist's Materials from 
the deviantART Site(s), and deviantART has received notice of the 
removal. If this Agreement is terminated by deviantART, this Agreement 
will terminate when deviantART removes Artist's materials from the 
deviantART website. If the Agreement is terminated in these ways, the 
parties agree to cooperate in providing an orderly termination of the 
relationship.
    2. Ownership. Artist at all times retains all right, title and 
interest in and to the Artist Materials provided by Artist hereunder 
(including, without limitation, the copyrights in and to the Artist 
Materials), subject to the non-exclusive rights in the licenses granted 
to deviantART under this Agreement. Artist is free to grant similar 
rights to others during and after the Term of this Agreement.
    3. License To Use Artist Materials. As and when Artist Materials are 
uploaded to the deviantART Site(s), Artist grants to deviantART a 
worldwide, royalty-free, non-exclusive license to do the following 
things during the Term:
          1. to prepare and encode Artist Materials or any part of them 
for digital or analog transmission, manipulation and exhibition in any 
format and by any means now known or not yet known or invented;
          2. to display, copy, reproduce, exhibit, publicly perform, 
broadcast, rebroadcast, transmit, retransmit, distribute through any 
electronic means (including analog and digital) or other means, and 
electronically or otherwise publish any or all of the Artist Materials, 
including any part of them, and to include them in compilations for 
publication, by any and all means and media now known or not yet known 
or invented ;
          3. to modify, adapt, change or otherwise alter the Artist 
Materials (e.g., change the size) and use the Artist Materials as 
described in Section 3(b); and
          4. the right to sublicense to any other person or company any 
of the licensed rights in the Artist Materials, or any part of them, 
subject to the terms and conditions of this Agreement.
          5. Artist acknowledges that Artist will not have any right, 
title, or interest in any materials with which Artist Materials may be 
combined or into which all or any portion of Artist Materials may be 
incorporated..
          6. During the Term, deviantART's licenses under this Agreement 
include the right to use any part of the Artist Materials in the 
promotion,advertising or marketing of the DeviantART Sites.
          7. As used in this Agreement, the term "Artist Materials" 
means any content uploaded to the deviantART Site(s) which may include 
without limitation Artist's name(s) (including professional names), 
trademarks, trade names, likenesses, photographs, biographical 
materials, artwork, liner notes, and other graphical or textual 
materials and any and all "skins," computer-generated images or other 
artwork or images that Artist submits to deviantART.
    4. Name and Likeness. Artist also grants to deviantART:
          1. a worldwide, royalty-free, non-exclusive license to use 
Artist's name(s), group name, photograph and/or likeness(es) and 
biographical materials in connection with the distribution, 
exploitation, promotion, marketing and advertising of the Artist 
Materials, and the deviantART Site(s)as described hereunder, during the 
Term;
          2. Artist also agrees not to assert against deviantARTany 
privacy, publicity, moral or similar rights held by Artist and on behalf 
any other person(s) whose name(s), photographs and/or likeness(es) 
and/or performances are embodied in the Artist Materials. Artist also 
agrees that any persons other than Artist appearing recognizably or 
otherwise in Artist Materials will not assert of any privacy, publicity, 
moral or similar rights) under the laws of the United States and any 
other country in connection with the exploitation of the materials as 
described in this Agreement; and,
          3. To the extent that the Artist Materials contain the 
name(s), group name, photograph and/or likeness(es) and biographical 
materials of any other person, Artist hereby grants to deviantART a , 
worldwide, royalty-free, non-exclusive license to use them in connection 
with the distribution, exploitation, promotion, marketing and 
advertising of the Artist Materials, as described in this Agreement, 
during the Term.
    5. Limitation Of Rights The rights and licenses granted to 
deviantART under sections 3 and 4 of this Agreement require deviantART 
to obtain Artist consent before deviantART makes any commercial 
agreement with anyone else to separately buy, license, re-sell or 
re-publish or commercially use any Artist Materials not in association 
with deviantART but as an individual work of art in isolation from any 
other works. No additional consent is required for any other licensed 
uses under this Agreement of Artist Materials either as part of the 
deviantART Site(s) or in connection with the distribution of content 
groups from the deviantART Site(s) and/or for uses of the Artist 
Materials made at the discretion of a visitor to the deviantART Site(s) 
or other users under agreements with deviantART. deviantART will contact 
Artist in writing about any individual commercial uses of Artist 
Materials instigated by deviantART.
    6. Payment Unless otherwise agreed between Artist and deviantART in 
a writing from deviantART, the license granted to deviantART under this 
Agreement is royalty-free.
    7. Representations and Warranties. Artist represents and warrants that:
          1. Artist has the full right and power to enter into and 
perform this Agreement and to grant deviantART all rights to use the 
Artist Materials as contemplated in this Agreement, including, without 
limitation, the license grants in Sections 3, 4 and 5,
          2. Artist has obtained all necessary third-party consents, 
rights, licenses and permissions, if any, required for Artist to enter 
into and perform this Agreement and to grant deviantART the rights to 
use the Artist Materials set out in this Agreement (including, without 
limitation, consents and permissions from owners of any elements that 
are used in the Artist Materials),
          3. the Artist Materials (and deviantART's use of them under 
this Agreement) do not and will not infringe on any rights of any third 
party, including any trademark, copyright, patent, trade secret, right 
of privacy or publicity or moral rights of any third party,
          4. all information that Artist has provided or will provide to 
deviantART is true and complete,
          5. the Artist Materials do not and will not violate any law, 
statute, ordinance or regulation,
          6. the Artist Materials do not and will not be defamatory, 
libelous, threatening, pornographic, obscene, harmful to minors, 
violations of child pornography or child sexual exploitation laws,
          7. the Artist Materials do not and will not contain any 
viruses or other programming routines that may detrimentally interfere 
with computer systems or data, whether those of deviantART or any third 
party, and
          8. if Artist or any member of Artist's group is a minor, 
Artist hereby warrants that Artist has the legal right to execute this 
Agreement on behalf of the minor artist and guarantee such person's 
performance of the terms of this Agreement. These warranties shall 
survive any termination of this Agreement.
    8. Third Party Payments. Artist is responsible for all licensing, 
reporting and payment obligations of any kind to third parties in 
connection with the Artist Materials.
    9. Indemnity. Artist agrees to defend, indemnify, reimburse and hold 
deviantART and its parent, subsidiary and affiliated entities, and its 
and their members, managers, officers, directors, representatives, 
employees, agents, successors, designees, licensees, sublicensees and 
assigns harmless from and against any and all liability, loss, damages, 
judgments, costs and expenses (including reasonable attorney's fees, 
costs and expenses and court costs) arising out of or related to:
          1. Artist's use of the deviantART Site(s);
          2. any breach or alleged breach of Artist's representations 
and warranties and/or any breach, alleged breach or violation of the 
notices, terms and conditions of this Agreement; and
          3. Artist's violation or alleged or threatened violation of 
any rights of a third party, including, without limitation, any 
trademark, copyright, patent, trade secret, right of privacy or 
publicity or moral rights of any third party, arising from the 
submission and/or use of Artist Materials as provided in this Agreement
   10. deviantART's Performance. Artist acknowledges and agrees that the 
operation of the deviantART Site(s) may from time to time encounter 
technical or other problems and may not necessarily continue 
uninterrupted or without technical or other errors and deviantART will 
not be responsible to Artist or others for any interruptions, errors or 
problems or even for an outright discontinuance of the deviantART 
service. There are no assurances whatsoever that any of the Artist 
Materials or any part or element of Artist materials will actually be 
used on the deviantART Site or if used will continue to be available for 
any particular time. deviantART has the right, in deviantART's sole and 
absolute discretion, to remove from the deviantART Site(s) at any time 
the Artist Materials or any part of them and/or to revoke any sublicense 
granted by deviantART to any affiliate or unaffiliated third party. 
Notwithstanding the foregoing, deviantART does not control the content 
of the Artist Materials and does not have any obligation to monitor the 
content of the Artist materials for any purpose or reason. Artist 
acknowledges that Artist is solely responsible for all content submitted 
to the deviantART Site(s) by Artist. The deviantART Site may be 
discontinued at any time, with or without reason and all Artist 
materials uploaded to deviantART may be removed and unavailable for 
recovery by any means. Artist and only Artist is responsible for 
maintaining at Artist's expense and in facilities owned or controlled 
only by Artist any and all original materials or so-called back-up 
copies of all or any part of the Artist Materials.
   11. No Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 
DEVIANTART DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, 
INCLUDING BUT NOT LIMITED TO
          1. UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE DEVIANTART 
SITE, AND
          2. IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A 
PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE DEVIANTART 
SITE AND ANY SERVICES PROVIDED BY DEVIANTART HEREUNDER. IN ADDITION, 
ALTHOUGH DEVIANTART INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE 
INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE DEVIANTART 
SITE(S), AND WHETHER OR NOT DEVIANTART IMPLEMENTS THE AFOREMENTIONED 
REASONABLE PROTECTIONS, DEVIANTART DOES NOT WARRANT THAT THE DEVIANTART 
SITE(S), ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL 
ACCESSIBLE THROUGH THE DEVIANTART SITE(S) IS FREE OF VIRUSES, WORMS, 
TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
   12. No Liability for Third Party Use. DEVIANTART DISCLAIMS ALL 
RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE ARTIST 
MATERIALS MADE AVAILABLE ON THE DEVIANTART WEBSITE BY THE ARTIST 
PURSUANT TO THE TERMS OF THIS AGREEMENT. ARTIST SHALL BE SOLELY 
RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF ARTIST 
MATERIALS BY A THIRD-PARTY, AND NOT FROM DEVIANTART. THIS MEANS, AMONG 
OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS ARTIST MATERIALS FROM 
DEVIANTART (WHETHER OR NOT WITH DEVIANTART'S PERMISSION), AND USES THOSE 
MATERIALS IN A WAY NOT AUTHORIZED BY THE LICENSES GRANTED UNDER THIS 
AGREEMENT ARTIST WILL SEEK REDRESS OR RECOVERY FROM THE OTHER PERSON AND 
NOT FROM DEVIANTART, AND THAT ARTIST WILL NOT HOLD DEVIANTART 
RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.
   13. Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY 
APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL DEVIANTART, ITS 
OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, 
LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR 
LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT 
LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE 
OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS 
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, 
INCIDENTIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY 
DAMAGES), WHETHER OR NOT DEVIANT ART HAS BEEN ADVISED OF THE POSSIBILITY 
OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR 
THE USE OR PERFORMANCE OF THE DEVIANTART SITE(S). IN NO EVENT SHALL 
DEVIANTART'S TOTAL LIABILITY TO ARTIST UNDER THIS AGREEMENT FROM ALL 
CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED $5. THE 
PARTIES ACKNOWLEDGE AND AGREE THAT DEVIANTART HAS ENTERED INTO THIS 
AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED IN THIS 
AGREEMENT, WHICH ALLOCATE THE RISK BETWEEN ARTIST AND DEVIANTART, AND 
FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES..
   14. Copyright and Trademark Notices. deviantART, the deviantART logos 
and mascots, and the layout and design of the deviantART Site(s), among 
other marks that may appear on the deviantART Site(s) are trademarks of 
deviantART Inc., LLC (the "deviantART Marks"). Other trademarks and 
service marks on the deviantART Site(s) may be the property of the 
advertisers, content partners and/or providers, or other third parties. 
Artist may not use any of the deviantART Marks without deviantART's 
prior written permission, and Artist may not use any third-party marks 
without the third party's prior written permission.
   15. Miscellaneous.
          1. Governing Law; Jurisdiction. THIS AGREEMENT SHALL BE 
GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT 
REGARD TO ITS OR ANY OTHER JURISDICTION'S CONFLICT OF LAWS PRINCIPLES. 
THE SOLE VENUE AND JURISDICTION FOR DISPUTES ARISING FROM THIS AGREEMENT 
SHALL BE THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN LOS ANGELES, 
CALIFORNIA, AND ARTIST AND DEVIANTART BOTH IRREVOCABLY AGREE TO SUBMIT 
TO THE JURISDICTION OF SUCH COURTS.
          2. Assignment. deviantART shall have the right to assign this 
Agreement in whole or in part to any person or business entity. Artist 
may not assign Artist's rights or delegate Artist's obligations under 
this Agreement without the prior written consent of deviantART.
          3. Notice. All notices, requests and other communications 
("Communications") under this Agreement must be in writing and sent to 
deviantART Inc., LLC, 7095 Hollywood Blvd #788 Hollywood, CA 90028, 
ATTN: Legal Department. Communications shall be deemed received:
                1. for Communications sent by registered or certified 
mail, postage prepaid, return receipt requested or by Federal Express or 
other reputable overnight courier service, on the date of receipt or 
refusal as indicated on the return receipt;
                2. for Communications sent by personal delivery, on the 
date of personal delivery; and
                3. for Communications sent by facsimile, upon 
transmission subject to telephone confirmation of receipt.
                   -No other form of notice shall be accepted under this 
Agreement.
          4. Entire Agreement. This Agreement sets forth the entire 
understanding and agreement of Artist and deviantART as to the subject 
matter hereof and supersedes all prior proposals, discussions or 
agreements (oral and written) with respect to such subject matter.
          5. Modification. deviantART reserves the right to amend the 
terms of this Agreement from time to time in its sole discretion. 
deviantART will notify Artist of any material changes to this Agreement 
by sending an email to the address listed in Artist's account. If Artist 
continues to upload Artist Materials after being notified of the changes 
to the Agreement, Artist will be deemed to have accepted those changes 
and the new terms of the Agreement will govern all prior and future 
submissions of Artist Materials. If Artist does not accept the new terms 
of the Agreement, Artist's only and exclusive remedy will be to 
terminate this Agreement. Otherwise, this Agreement may be changed only 
by a writing signed by both parties that specifically refers to the 
parties' intent to amend this Agreement.
          6. Survival. The provisions of Sections 1, 3(e), 4(b) 5, 6, 7, 
8, 10, 11, 12, 13, 14 and 15 shall survive any termination of this 
Agreement. In addition, any sublicenses granted to third parties for the 
display of Artist Materials on electronic or other devices pursuant to 
Section 3 shall survive any termination of this Agreement. In addition 
any use of Artist Materials pursuant to Section 3 with respect to the 
making of so-called backup copies or caching of deviantART Sites or any 
equivalent activity or function for general site maintenance and 
protection shall survive any termination of this Agreement.
-- 
Napolux
Bombing for peace is like fucking for virginity
http://www.napolux.com
http://napolux.deviantart.com

 3. e' "legale" cambiare la policy senza dire nulla?
Eccoci :D In realtà lo hanno detto, qui: 
http://news.deviantart.com/article/20084/
Se leggi attentamente, hanno detto che è cominciato un rewrite 
dell'intera policy. Solitamente funziona così: dalla notifica della 
nuova policy, tu puoi scegliere se rimanere o in alternativa andartene. 
Se decidi di rimanere, accetti la nuova policy.
-- 
"If I have the Peter Pan syndrome, do I get to sleep with Tinkerbell?"
Web: 
http://www.antoniobonanno.com
Journal: 
http://plasson.etz.it/blog

 2. che valore legale ha per quanto riguarda il diritto d'autore in italia?
Non mi pare ci sia nulla che va contro la legge italiana, quindi se
l'accetti ha il valore di un qualsiasi contratto: ha forza di legge tra
te e deviantart.
-- 
Pongo