Important Changes to the Rules / Terms of Service for Nikon Cafe

Amin Sabet

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The Rules / Terms of Service (TOS) for Nikon Cafe have been changed. Our revised, up to date TOS can be found here: Terms of Service and Rules | Nikon Cafe

Our Privacy Policy can be found here: Privacy Policy | Nikon Cafe

I had wanted to wait a while before changing the TOS. However, the previous TOS did not account for the fact that we now allow members to upload images to our server nor the fact that we now allow members to edit their posts without time limit. It also did not provide adequate legal protection for me as a site owner. Those are the drivers for this change.

It is necessary for me to do a mass email to notify members of a change in TOS, so I didn't want to make changes to the TOS in dribs and drabs, which would necessitate multiple mass emails. People hate mass emails, and I avoid them whenever I can.

Wherever possible, I attempted to keep the TOS substantially the same as before. The previous TOS are copied below for your reference:
<p>1. The Nikon Cafe is committed in all areas to providing an environment that is free from harassment. Harassment based upon race, color, religion, sex, national origin, age, disability/handicap condition, sexual orientation, gender identity, marital status, veterans status, political affiliation, or other any other legally protected characteristic will not be tolerated.</p>

<p>2. The watchwords of the Cafe are civil, respectful and objective discussions. Contentiousness and rude behavior, including name calling, will not be tolerated. Postings that are illegal, obscene, abusive, harassing, threatening, defamatory, invasive of privacy, vulgar, infringing of intellectual property rights or otherwise objectionable material of any kind are not allowed and will be removed without notice. Should you see a post that you think doesn't comply with Cafe rules, click on the "Report Post" button found below each post to notify the Moderators and Administrators of the forum. Please visit our FAQ area for more information. Issues regarding the site may be reported in the Nikon Cafe Office area.</p>

<p>3. Each person may have only one username - that is, you may register only once. Multiple registrations for existing members will be removed without notice. Members who wish to change their username should contact a member of the mod/admin team and advise of the desired new username.</p>

<p>4. Images or videos displayed in posts on the Nikon Cafe must belong to the member; or, permission must have been granted by the owner, and the post must show that is so. Providing a link to any image or video not taken by the member is allowed. The inclusion of link to any video or website does not imply endorsement by the Nikon Café and the Nikon Café is not responsible for third party content made available through its website. Use of any such linked video or web site is at the user's own risk.</p>

<p>5. Postings or links to sites which violate any applicable local, state, national or international law under contractual or fiduciary relationship (such as information from nondisclosure agreements) is prohibited and will be removed without warning or notice.</p>

<p>6. Threads that advocate or imply violating End User Licensing Agreements (EULA’s) or other rules are not allowed. Likewise, do not upload, post or otherwise make available or engage in solicitation of illegal copies of software or any content that infringes any patent, trademark, copyright or other proprietary rights of any party. This includes content that is protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such or have received all necessary consents.</p>

<p>7. Nikon Cafe does not allow advertisements for commercial purposes. Content that contains political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" is prohibited.</p>

<p>8. Content that consists of or contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment is not allowed.</p>

<p>9. Soliciting of money or votes for contests either here or on other websites, even for worthy causes, is not permitted.</p>

<p>10. Threads or posts of a political or religious nature are not allowed and will be removed without notice. If you add a signature to your posts please ensure it is not political, ethnic, religious or controversial.</p>

<p>11. No text or images containing adult themes, linked or otherwise, will be permitted. Images which are sexually explicit are not allowed. Nude photographs are not allowed.</p>

<p>12. The Nikon Cafe does not provide or support the provision of legal advice. The laws of the many jurisdictions represented by the membership vary widely on the legal issues raised in questions and the answers that may follow. Members should seek authorized counsel for questions in their respective jurisdiction and not rely solely on the general viewpoints expressed here.</p>

<p>13. Please keep the number of images in a post to a reasonable number of 8 to 10, and alert potential viewers in the post title if a large number of images is included. Limit each image to 1600 pixels on the long side and no more than 700KB in size. That way, everybody can enjoy fast loading pages. Excessively large image files will be edited to links. Duplicate threads are not allowed.</p>

<p>14. Access to the Marketplace forum requires membership of at least 180 days with a minimum of at least 300 meaningful posts. There are no exceptions to this policy. Please read the Marketplace Rules for more information.</p>

<p>15. If you object to the comments or actions of a moderator, PM the moderator, an administrator, or the site owner. Do not post your objection in the forum.</p>

<p>16. By accessing this webpage, you are agreeing to be bound by the Nikon Cafe’s Terms of Service and all applicable laws and regulations. We reserve the right to remove, move or edit posts and threads that don't conform to community standards without notice, and to suspend the privileges of any participant who refuses to comply.</p>

<p>17. The information on this site is subject to change without notice and does not represent a commitment on the part of the Nikon Cafe in the future. The Nikon Cafe assumes no liability or responsibility in regard to system performance, availability, data protection, or reliability. By using the Nikon Cafe you release the Nikon Cafe from any liability or loss of, or damage to, or errors in, data, information, images, posts, member records, member status or any information you post, upload or which pertains to you.</p>

<p>18. Material posted on this website is the property of the Nikon Cafe; however, no images are stored on the Nikon Cafe server, and all copyright privileges remain with the owner. A member may request deletion of the user account, but all posted content will remain to ensure continuity of the content discussion.</p>

<p>In addition to the rules mentioned above, the FAQ area has tips for navigating the forum, managing your conversations, and other useful information.</p>

Please remember, a team of moderators and administrators, all of whom are fellow photo enthusiasts, works to keep the Cafe operating as smoothly as possible. Feel free to contact any of us.

If you do not agree to the the new TOS and would like your account to be canceled, please note that canceling an account does not remove previously made posts from the forums, nor quotes of those posts by other members. Canceling an account is permanent. Be sure to edit any posts you want to edit and delete any uploaded photos you want to delete before canceling your account. Once your account has been canceled, you will no longer be able to edit them, and we will not do it for you. After you have taken any action you wish to take, you can notify me with your request to cancel your account, and I will do this as requested.

In the following post in this thread, I will attempt to explain changes which may be unclear or which differ substantially from the previous TOS, and I invite any questions you may have to be posted in this same discussion thread.
 

Amin Sabet

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I am going to try to explain parts of the TOS which may be unclear and/or contentious. In doing so, I will quote from the current version of TOS (March 18, 2017). The most up to date version of the TOS can always be found HERE.

Nudity and sexually explicit images are not allowed. Basically the goal is for the content to be appropriate for all ages of readers in all of the countries from which we have a substantial readership. We also want the forums to be a place where all of our members can feel comfortable to participate.

I fully realize and agree that there is nothing wrong with nudity in photography or any other form of documentation or art, that there is value to these works, and that people have a right to create and view these works. However, allowing it on this privately-owned site in any fashion will cause a need for more administrative and/or moderating work, which I do not want to take on.

There are many excellent places on the internet for this content to be posted, and I realize and accept that some people will choose to spend less or no time on this site because of this rule.

Discussion of politics and religion is not allowed anywhere on the site. Note that posting photos containing political or religious content is allowed. Only the discussion is not allowed.

I fully realize and agree that there is nothing wrong with discussion of politics or religion and that people have a right to discuss these things. However, allowing it on this privately-owned site in any fashion will take more administrative and/or moderating work, which I do not want to take on.

Again, there are many excellent places on the internet for this content to be posted, and I realize and accept that some people will choose to spend less or no time on this site because of this rule.

We may retain a proxy copy of hot-linked or embedded media Content to be temporarily stored and published for the sake of providing a secure, long-lasting, high performance environment in connection with the Service.

Images which are embedded or hotlinked, especially those hotlinked from non-https hosting (URLs which begin with "http" rather than "https"), can be used in malicious ways such as cookie stuffing. With some browsers, they can also trigger false positive malware warnings or other scary messages.

Therefore, I eventually plan to turn on an image proxy which will temporarily copy hotlinked or embedded images to our server so that they can be served securely. The image proxy does not permanently store the images on our server in the manner that a direct image upload/attachment using the "Upload a Photo" or drag-and-drop method would do.

Media Content uploaded to or copied to our servers may be compressed and in some cases may lose associated metadata as a result of our service limitations and/or attempts to improve site performance for users.

We compress images on our server in order to make the pages speedy for members. We attempt to preserve metadata including EXIF and are usually successful in doing so. However in some cases we may inadvertently, or through limitations of the technology, remove metadata from images. If you want to put a copyright mark on an image which is uploaded to our server, please use a graphical mark rather than metadata copyright.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services

In other words, if both our server admin and I were to become incapacitated or unavailable due to unforeseen disaster...

OR

If we were to suffer catastrophic failure of the server along with both onsite and offsite backups, this site and all the content on it could be lost forever. Regardless, I would strongly discourage anyone from using uploads to this site as the sole repository of their important images.
 
Last edited:
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Andreas Berglund
Having done a lot of work on EULA's (end user license agreements) from my time at Microsoft I understand that you have to protect yourself and I agree that we should be "self moderating", I see little change in our original intent of the forum with these changes, and I'm ok with them.
 

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