Questions about Terms of Service Updates

Why do you force your users to accept new TOS on the logging in? You should give me ability to refuse it and delete my account. Forcing users to TOS is illegal in EU.

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Thanks for reporting! We’re aware of this issue and are working on a solution. We’l’l report back here when it has been solved.

In the mean time, we can also handle it for you - please confirm that we should delete your account.

The new TOS state that I grant Sketchfab, and by extension the Epic Games now, " fully paid-up, perpetual, irrevocable," license to " adapt, create derivative works of and otherwise exploit User Content for any and all purposes".
From the description, it sounds like a one-way road, that if you upload something to the site then Sketchfab can now use it “for any and all purposes” however they want, and since it’s “irrevocable” - they can continue using it even if you will delete your model or your entire account from the site. So do the new terms apply retroactively to the content uploaded prior to the change of agreement?
Is it too late to remove content I don’t want Sketchfab or Epic Games to “create derivative works of and otherwise exploit for any and all purposes”?

Yeah we’re aware this sounds like we’re appropriating your work but that’s certainly not the intent. We’re working on a ‘human readable’ explanation of these changes that will address our motivation for them - we’ll post updates here.

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For reference, we removed OP’s Sketchfab and forum account as requested. This also removed his confirmation above:

Thanks for the quick response.

Yes, I confirm - please delete my account.

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4.1 Generally. You are solely responsible for ensuring that any User Content you submit to the Services complies with any applicable laws and third party rights, including but not limited to any intellectual property, privacy, and publicity, rights and laws, and that all required notices have been provided to, and required consents and releases have been obtained from, individuals who are the subject of, or owners of, any User Content. Sketchfab always has the right, in its sole discretion, to review User Content in advance for quality and technical purposes, and to accept or reject any given User Content in its sole discretion. You agree that your use of any User Content downloaded from the Services will always be subject to the most-current version of the License Agreement or Creative Commons license, as applicable (additional details of which are provided below); accordingly, you agree that your continued use of any such User Content constitutes your acceptance of the terms of any new version of the License Agreement or Creative Commons license, applicable to such User Content, as we may update from time to time.

I absolutely reject these new terms and am deleting my account.

I absolutely do not accept your claim to the right to retroactively change license agreements.

It’s totally bogus that you try to force us to accept the new terms to even access the account deletion page. >:(

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Definitely not a good first move by Epic, and it might be wise to explain why they felt the need to demand rights that broad sooner rather than later. I’m keeping my account regardless, since I’m not posting anything that I don’t mean to share with very copyleft licensing anyway (and Sketchfab/Epic wouldn’t steal the commercial models since then users would stop using Sketchfab to sell), but the new TOS does have some alarming wording, especially since it comes right on the heels of a corporate buyout that already has a lot of users nervous.

I’m definitely not a fan of it, even if I realize that realistically Epic has their own staff of talented artists and doesn’t need to exploit Sketchfab users’ work to quite the extent they’ve given themselves permission to. If this is just their legalese for “we can use your models in promotional materials and demos” it does seem a bit overboard for that.

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Wow these new terms really look like they were written by the same level of lawyers in Epic’s lawsuit against Apple.
I’ve deleted my main account but decided to create this to voice how awful these changes are.

I’m not going to go on the “retroactively enforcing” thing other users already commented on that makes absolutely no sense.

First off.

IMPORTANT NOTICE: YOUR USE OF THE SERVICES IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 11, REQUIRING ALL CLAIMS TO BE RESOLVED VIA BINDING ARBITRATION , AND A WAIVER OF THE RIGHT TO BRING OR JOIN CLASS ACTIONS .

This would never hold up in court, you can’t “waive your right” that is an absurd, what is next? You’ll ask us to waive our rights to not be discriminated? Same for this next part.

LIMITATION OF LIABILITY. SKETCHFAB’S MAXIMUM AGGREGATE LIABILITY TO ANY USER WILL BE THE AMOUNT PAID BY SUCH USER TO SKETCHFAB FOR THE PERIOD IN WHICH THE LIABILITY ARISES (UP TO A MAXIMUM OF USD10,000)

That also is up for the judge to decide, you can’t preemptively set this.

Now here is the real BS part:

4.2.1 Use by us. By using the Services, you grant Sketchfab a worldwide, non-exclusive, royalty-free , fully paid-up, perpetual, irrevocable, sub-licensable (through multiple tiers) right and license to use, reproduce, publicly display, distribute , adapt, create derivative works of and otherwise exploit User Content for any and all purposes, including, without limitation, the purposes of providing, developing and improving the Services; provided that to the extent User Content includes personal data, we shall not use such personal data for any purpose other than providing the Services and as further set forth in our Privacy Policy at Privacy Policy - Sketchfab. You further grant Sketchfab the right to use your name and trademarks, if any, in connection with our use of your publicly shared User Content for the purposes set forth in this Section 4.2.1.

and

4.5 Right to Monitor, Moderate or Remove. You agree that you bear all risks associated with your User Content and the licensing thereof. You are solely responsible for safeguarding your User Content, and Sketchfab has no duty to store copies of User Content for future availability to you or any user except as otherwise provided under this Agreement. Sketchfab does not knowingly permit the infringement of intellectual property rights on the Services, and will remove User Content from the Services if properly notified that such User Content infringes on another’s intellectual property rights. We reserve the right to remove User Content from the Services and terminate any licenses thereto, in whole or in part, without prior notice, for any reason or for no reason at all. Without limiting our right to terminate a User pursuant to Section 9 of this Agreement, we reserve the right to terminate the account of any User of the Services who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice. We also reserve the right to decide whether User Content is appropriate and complies with this Agreement for violations other than violations of intellectual property law. This shall extend to the right of Sketchfab to edit, modify, moderate, re-format, change or otherwise remove all or part of the descriptions, comments and/or annotations that you and/or third parties add and/or make in relation to your User Content, in any manner that We may determine, whenever We deem it appropriate.

This is atrocious, utter draconian and disgusting, you’re basically saying you have the right to steal users creations to use however you want and at the same time ALL liability lies over the users and you can decide to wipe us off without even having to tell what we did.

That means anyone can be wiped anytime because you suddenly think his content isn’t appropriate anymore, I know where this road goes and it means the end of any and all restricted content down de line. Boy I can’t wait for the next change where you’ll state that you also “reserve the right” to police what users do offsite and what their content is used on despite having no knowledge of and how we can’t be critical of the CCP.

We have fixed the popup so you can still reach your account settings without accepting the terms. As mentioned before, we’ll have a human-readable version of the changed sections soon with the goal of being more transparent about their meaning and application.

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