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Confirmed User
Industry Role:
Join Date: Jul 2011
Posts: 226
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Originally Posted by dannyz-zbuckz
Thank you for your reply. I'll take some time to think over your comments, but a few immediate questions come to mind. One thing I don't understand is, if you are going to have all of these so called 'benefits' for domain owners, why aren't the registrars touting these as reasons to purchase .xxx domains rather then just 'protecting our brands' and using fear?
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I'm not really sure why registrars aren't speaking to the additional benefits for those in the industry. My guess is their advertising - particularly in the form of emails going out to registrants, is for those not in the industry to be aware and able to register defensively. We've been very eager to do our own advertising TO the industry. We felt that a series of advertorials where we could elucidate on some of those benefits would be helpful and welcomed, but the powers that be presently refuse to sell us (even at a hefty mark-up) the advertising space to do so. Needless to say that makes it difficult for the industry to get factual information regarding ICM Registry without wading through acres of policy, testimony and contracts in dry legalese.
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There is also something from your TOS I'd like clarification on:
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Except as otherwise provided in this TOS, you or the owner of any content that you post to ICM Sites retain ownership of all rights, title, and interests in that content. However, by posting content on a Service, you grant us and our assigns, agents, and licensees the irrevocable, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate this content in any medium and through any form of technology or distribution. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content).
When you use a Site feature that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms.
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Does this mean that the ICM or an affiliated company could start the next 'xtube.com' or 'youporn.com' with content from any .xxx domain, without legal consequences?
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Absolutely not. Those TOS apply ONLY to OUR sites (icmregistry.com, icm.xxx, about.xxx, buy.xxx, etc.). For example if we had blogs, etc and someone posted comments or responses to them. They do not apply to registrants sites in any way.
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prbot at icmregistry dot com
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