New User Agreement
rory7411
Posts: 111
in The Commons
Just went to go into my account and found a new user agreement. Now this doesn't affect me because I don't upload to the gallery / forum here but anyone who does should actually read it and scroll down to section 4. Based on this if you upload any artwork you are giving Daz the right to use it as they want with no restrictions. And there's no opt out of this section.
Daz 3D is part of 
Connect
DAZ Productions, Inc.
7533 S Center View Ct #4664
West Jordan, UT 84084
Licensing Agreement | Terms of Service | Privacy Policy | EULA
© 2024 Daz Productions Inc. All Rights Reserved.
Comments
Actually, there is an opt out:
Term and Termination of the Right to Use.
Ok, this is garbage! I was trying to get stuff downloaded last night when I agreed to the new UELA, I wish now I'd done more than glanced over it! I sent a ticket asking for the exact procedure to revoke this right, And I will also ask if revoking this right means my gallery will be removed, as that is what it seems like. If so, then so be it, but it's a damn shame that would have to happen. But I do NOT want them to be able to do whatever they want with my art.
You are aware, of course, that the terms of the gallery haven't changed?
From July: https://web.archive.org/web/20170710154121/https://www.daz3d.com/eula
4.0 Forum and Gallery Submissions Addendum
This Forum and Gallery Submissions Addendum to License Agreement (the “Addendum”) is a legal and binding agreement between you, hereinafter also referred to as the “User”, and Daz Productions, Inc., hereinafter also referred to as “Daz”. User and Daz are parties to that certain License Agreement accepted by User upon creating a user account at daz3d.com (“Agreement”). The Agreement is hereby expressly supplemented by the terms and conditions contained in this Addendum.
The Agreement, as supplemented by this Addendum, applies to and governs the rights and duties of the parties hereto with respect to images, text, video, and other materials uploaded by User, or by an authorized representative of User, to any of the websites, social media accounts, blogs or other Internet-based sites or accounts owned or operated by Daz (collectively, the “Sites”). Such images, text, video, and other materials shall be collectively referred to hereinafter as the “User Creative”.
By pressing the “Accept” button below or by uploading User Creative to any of the Sites, User hereby indicates User’s complete and unconditional acceptance of all the terms and conditions of the Agreement and this Addendum. The Agreement and this Addendum together constitute the entire agreement between User and Daz with respect to the User Creative.
If User does not agree to the terms of the Agreement and this Addendum, User must not select the “Accept” button below or upload any User Creative to the Sites.
Current: https://www.daz3d.com/eula
4.0 Forum and Gallery Submissions Addendum
This Forum and Gallery Submissions Addendum to License Agreement (the “Addendum”) is a legal and binding agreement between you, hereinafter also referred to as the “User”, and DAZ Productions, Inc., hereinafter also referred to as “DAZ”. User and DAZ are parties to that certain License Agreement accepted by User upon creating a user account at daz3d.com (“Agreement”). The Agreement is hereby expressly supplemented by the terms and conditions contained in this Addendum.
The Agreement, as supplemented by this Addendum, applies to and governs the rights and duties of the parties hereto with respect to images, text, video, and other materials uploaded by User, or by an authorized representative of User, to any of the websites, social media accounts, blogs or other Internet-based sites or accounts owned or operated by DAZ (collectively, the “Sites”). Such images, text, video, and other materials shall be collectively referred to hereinafter as the “User Creative”.
By pressing the “Accept” button below or by uploading User Creative to any of the Sites, User hereby indicates User’s complete and unconditional acceptance of all the terms and conditions of the Agreement and this Addendum. The Agreement and this Addendum together constitute the entire agreement between User and DAZ with respect to the User Creative.
If User does not agree to the terms of the Agreement and this Addendum, User must not select the “Accept” button below or upload any User Creative to the Sites.
I suspect that they don't do it often, but they have used user images in advertising and on website work in the past. To me this is acceptable, and to be honest I would be flattered if one of mine was seen to be good enough to be used for these purposes.
The same wording actually goes back as far as 2014: https://web.archive.org/web/20140824064511/http://www.daz3d.com:80/eula
As for them using my artwork... if I post anything in any gallery online (even deviantart or your own private homepage), the net will gobble it up.
If you don't want your renders used by DAZ but you create fantastic art and want it exposed, the easiest way would be to put a big, fat watermark across it.
That's pretty much what it is for, I think - the terms need to be widely cast to cover the way they might advertise, but it doesn't mean they are intending to go to the limit allowed. Media and content sites often use terms like this - there was a big discussion a year or two (or more) back on these terms.
They typically only use them for advertisement reasons such as images on the scrolling banner in the store to promote sales.
This clause is simply in there so they can display user images in promotional material. Frankly, by uploading it here (storage at DAZ expense) you're already displaying it openly, for free, and yes everybody downloads/saves the ones they like.
They used one of my images in their promo art on the homepage a while back. I don't see this as an issue/problem it's not like they were selling my artwork as their own, frankly I was rather proud that my image was chosen.
And this is part of the reason I will neve3r post any art in the gallery.
It's kinda amazing how many rights we sign away on a daily basis, just buying stuff, upgrading, visiting sites, or clicking the all too obvious "Agree"... whether we realize it or not.
At least you can opt out... I think... But does opting out, opt you out from the part about DAZ being able to use your images, or from the whole contract like when you click "Disagree" and by doing so incure all the same restrictions of clicking "Disagree"?
The part of the EULA agreement that actually bothers me more is the is "Arbitration Remedies"... Unless I'm reading that totally wrong, that reads like a "Forced Arbitration" agreement... Maybe in the past I missed that part about the AAA being the sole determining arbitrator in the past or I remember that wrong.
I don't know how I feel about that... I'd like to say "well, it's DAZ... Why would I ever need to worry about not being able to be part of a class action suit"...
But considering everything that's been occurring (security/internet/financially) these days... I'm not sure I completely trust anyone anymore no matter how good the intentions are.
I think if you opt out of Daz displaying your work, it's probably universal in terms of having a gallery.
Lots of EULAs have arbitration clauses; very few of them have been tested. That is the happy (well, dubious choice of word, I know) thing about American contract law: if you can afford the legal fees, you can challenge whatever you want. Not, of course useful for most of us, but I doubt a class action lawyer who thinks they have an iron-clad case is going to stop because of an unavoidable arbitration agreement.
OK I want to know how to opt out of this, I am trying to log into my account and I can't do anything without agreeing to this new EULA. I don't want daz using my work without compensation and they are holding my content hostage until I sign the EULA. If I have to sign this first and then notify daz I wish to opt out there is somethign seriously wrong! This is pretty much extortion!
shadowhawk, the EULA change is about 3D print and the indie/gae license change. In regards to "DAZ using your content", the exact same wording is valid since 2014. NOTHING changed there.
You already agreed to that same wording at least three or four times.
It still doesn't tell me how to opt out of them using my art after stating that I could. Daz shouldn't have a right to use an artists work without permission or compensation so that they can make money off our work.
Well, it's a contract - If you feel you can no longer agree to what you have agreed upon for years, but the rest of the terms is fine with you, then follow the opt out mentioned by Chris Palomino further up.
Thing is, if you don't agree with them and refuse to sign anything, I don't know how that is legally handled... I'd wonder if there's still a valid contract for you (if the old EULA is still valid) using the content then, which would justify them "withholding access". But I'm no lawyer, so your best option would either to ask someone who's a pro about how to adress this, or "opt out".
And thing is, when you agreed to the EULA the last time, you DID give them permission, as by the contract between you and them through the EULA...
https://www.daz3d.com/forums/discussion/comment/2996166/#Comment_2996166
Actually, there is an opt out:
Term and Termination of the Right to Use.
Well lets say I pay a lot more attention to what I am signing now days after getting burned. If you don't sign it you can't access anything in your account and are pretty much locked out of it until you do. The funny thing is that they provide no information on where to send the notification for opt out. There should be an opt out button that can be selected instead of having to agree with this prior to issiuing an opt out. Got to love all of this.
If I was going to opt out, I would send it to the corporate email address, as well as the postal address.
Well, the EULA states as contact address at he very bottom:
Please feel free to contact us with any questions:
Contact information
DAZ Productions, Inc.
224 S 200 W, Suite #250
Salt Lake City, UT 84101
Since that's the address in the contract, and nothing stated otherwise, written disagreement probably has to be sent there. But again, I'm no lawyer, so it would be best if you'd consult with your legal advisor on this.
Well the postal address isn't an option for me right now. I live and work in Iraq and our mail takes weeks to go anywhere.
You could contact customer support and find out if they accept the opt-out through fax and/or email. I don't know about the USA, but I know that in my country, at least the fax is legally binding...
Well to take care of it that way I would be locked out of my account for at least 2 months. It would take that long for my letter to get there and for them to take their 30 days to fulfill their protion of the opt out. Its nice to see that daz has become yet another one of those companies that exploits customers because they have little to no competition
Since you stated that you never uploaded any art to the gallery, then what exactly do you want to opt out of?
Well, honestly... since you already agreed on this option anyway in prior EULAs, you could just agree again, and start the opt-out process in parrallel. As far as I understood, uploading your images to the galleries&forum is only allowed if you agree on the EULA (see segment below), so if you don't want them to use your things, just kill your gallery and remove all images you uploaded to the forum. You will have to do that anyway if you opt out of that addendum of the EULA.
That would probably be the easiest solution in any case, as you can't post your images to the gallery or forum anyway without giving them permission to use the content.
"By pressing the “Accept” button below or by uploading User Creative to any of the Sites, User hereby indicates User’s complete and unconditional acceptance of all the terms and conditions of the Agreement and this Addendum. The Agreement and this Addendum together constitute the entire agreement between User and DAZ with respect to the User Creative.
If User does not agree to the terms of the Agreement and this Addendum, User must not select the “Accept” button below or upload any User Creative to the Sites. "
EDIT: And again, this isn't anything new. It's been there with the exact same wording since at least 2014, that is three years. While I understand that you are upset about this, you might want to take into consideration how often you already agreed on the EULA without bothering to read it properly. Takes two to party.
BeeMKay, that is what started all of this, you cannot jsut select the submit button WITHOUT checking the box. It sends you into a look where it tells you that you cannot sign the EULA without being logged in and if you hot the login it takes you back to the EULA or if you try to access your account it takes you to the EULA. Why give us an option if we cannot utilize it?
Because I refuse to sign a contract that contains something that I don't agree with
You've already signed it before though, and multiple times, so you have already granted them that permission. Not accepting that version won't change that...
Then by what you are saying I should be able to NOT sign it and ti won't change anything but I can't. As I stated earlier I previously just clicked the box without looking in the past. Recently I was burned by not reading the fine print on a contract and I read or attempt to read and understand what I am signing now. All this is is strong arm tactics by daz to get free advertising material. How many people are going to bother with sending a letter therouhg the postal service to opt out? By opting out you also lose the ability to post images in the forums which I don't understand at all.
Because that is why I said - I do not know if you legally still can use your content, because the old contract between you and DAZ broke down (as they changed it, per EULA), and the new, you don't wish to sign. Basically your right of usage crumbles and breaks down entirely without that mutually signed EULA.
It says so in the preamble (and any of the older preambles:
"Except for any signed agreement between DAZ and user, this agreement supersedes and replaces any other agreement that was or will be presented at the time of content installation.
If User does not agree to the terms of this Agreement, User must not select the “Accept” button below."
To me, this reads that it's either in, or out, "can use it, or no longer can use it", so them not allowing you to download content would be within what the EULA said for quite a few years, and what you agreed upon as legally binding to you the last time you agreed on the EULA.
But again, I am not a lawyer. Please consult with someone who does have professional experience in this. What I say can equally be totally wrong, or be valid for my country of residence, but not the USA.
No not only are they using strong arm tactics they are refusing me access to purchased content which now becomes theft. Does this not bother anyone else?
Have you ever sat back and thought how much easier it all was back when there was no periodic EULA update that you had to tick a box on once every 12 months or so. You know, back in them good old days when all products came in .exe files with bitrock installers.