Photobucket deleting images? - Terms of use? (Vanity)

photobucket.com ^ | Tuesday, January 12, 2010 | paulycy

[paulycy]

Has anyone else noticed photobucket.com deleting more and more photos for "terms of use" violations that don't seem appropriate?

Has anybody had success in contacting photobucket and inquiring about or challenging an image deletion?

Although I understand that photobucket.com is a private enterprise and is legally entitled to enforce terms of use violations it seems that they are using this "terms of use" excuse to delete merely politically inconvenient images in increasing numbers.

The latest deletion was the blue-tinged actual output of the new airport security scan. Even though IANAL I know enough to know there is no way that "terms of use" can be used to delete this image when used here on FR for news commentary. It should also fall under "fair use."

It also seems that they are indiscriminately searching for certain words like "hitler." They deleted a copy of hitler's CAR apparently because I had "hitler mercedes benz.jpg" in the title.

[paulycy]

Please add your comments on this or other photobucket concerns. I know there are a lot of photobucket FReepers. Thank you.

[cripplecreek]

I know they don’t like my Obama as a klansman photo very much. LOL

[preacher]

ping

[paulycy]

I know they don’t like my Obama as a klansman photo very much. LOL

LOL! Yes, I understand why I might have a couple of my more, uh, "edgy" 0bama photos might get yanked but the ones I'm talking about shouldn't be subject to terms of use violations without some sort of explanation.

I guess what I really want is 1) FReepers input on this 2) A way to challenge photobucket's deletions.

[passionfruit]

They have done that to plenty of my images. I can’t remember what the image ws once they remove it.

[jessduntno]

http://tinypic.com/

[paulycy]

They have done that to plenty of my images. I can’t remember what the image ws once they remove it.

The way I do it is to copy the URL address - which is left over after the deletion - then paste it into the address bar to see what the filename was. Then I can look it up in my own archives.

[Oberon]

Really, if you have internet access through a home account, you don’t need a third-party photo host. As part of a standard internet package from an ISP, you get so many MB of server space for your own content. Figure out the process, and you can upload your images to your own ISP’s servers, beyond Photobucket’s control.

[cripplecreek]

I had some yanked from tinypic too. The sad part was that they were photos of classical nude statues.

[edzo4]

I have had photos deleted, changed the name of the file to something else and re posted it and no problem

[paulycy]

Figure out the process, and you can upload your images to your own ISP’s servers, beyond Photobucket’s control.

That is a good suggestion. In this case I opted to pay $25 per year for unlimited bandwidth access to my photos (a lot of people seem to link to them) and all I want is full access to my rights as a contract-holding and paying customer to not have my images arbitrarily deleted without so much as an explanation. They are a private company but they took my money, gave me a contract, and I want a method to appeal a decision.

But first I thought I'd get the advice of wise FReepers so I don't do something stupid or pointless (something I'm prone to... ;0)

[paulycy]

I have had photos deleted, changed the name of the file to something else and re posted it and no problem

I've done that too, especially with marginal images, but this is, to me, becoming too commonplace and arbitrary to deal with on a daily basis.

I don't want to have to have some sort of PC "code" to name the 15,000+ images on my hard drive just so that I can post them to photobucket without their robots zapping my stuff. That is unacceptable to me.

And I still respect their right to have standards, such as nudity, I just want the standards to be reasonable and fairly administered. Using the word "hitler" to describe a car should not result in banning.

[Oberon]

You know, you can fight that fight, and may ultimately win, but in the meantime it will cost you considerable time and possibly some money, and during this process your photos won't be on the 'net.

I suggest a dual approach, then. Put your photos on your own ISP's server so they're available on the web, and take up the matter with Photobucket.

[JoeProBono]

Content/Activity Prohibited. You must use the Photobucket Services in a manner consistent with any and all applicable laws and regulations. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Photobucket Services. Photobucket reserves the right to investigate and take appropriate legal action against anyone who, in Photobucket’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Photobucket Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Photobucket:

8.1 is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

8.2 harasses or advocates harassment of another person;

8.3 exploits people in a sexual or violent manner;

8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

8.5 solicits personal information from anyone under 18;

8.6 publicly posts information that poses or creates a privacy or security risk to any person;

8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8.8 constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work;

8.9 involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;

8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

8.13 involves commercial activities and/or sales without prior written consent from Photobucket such as contests, sweepstakes, barter, advertising, or pyramid schemes;

8.14 includes a photograph or video of another person that you have posted without that person’s consent; or

8.15 violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.

The following are examples of the kind of activity that is illegal or prohibited on the Site and through the use of the Photobucket Services. Photobucket reserves the right to investigate and take appropriate legal action against anyone who, in Photobucket’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

8.16 criminal or tortious activity, including child pornography or erotica, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, “pyramid scemes,” Ponzi schemes, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

8.17 advertising to, or solicitation of, any User to buy or sell any products or services through the unauthorized or impermissible use of the Photobucket Services. You may not transmit any chain letters or junk email to other Users.

8.18 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Photobucket Services

8.19 Forging any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or Photobucket Services to send altered, deceptive, or false source-identifying information;

8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

8.21 interfering with the access of any User, host or network to the Site;

8.22 covering or obscuring the banner advertisements on your personal profile page, or any Photobucket page via HTML/CSS or any other means;

8.23 including any HTML, CSS or other coding on your personal profile page, including, without limitation, any hidden or otherwise surreptitiously contained code in the Content which is unrelated to the immediate aesthetic nature of the Content;

8.24 any automated use of the system, such as, but not limited to, using scripts to send images or videos;

8.25 interfering with, disrupting, or creating an undue burden on the Photobucket Services or the networks or services connected to the Photobucket Services;

8.26 impersonating or attempting to impersonate another User, person or entity;

8.27 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

8.28 selling or otherwise transferring your profile;

8.29 using any information obtained from the Photobucket Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;

8.30 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Photobucket Services on behalf of that person or

8.31 deleting, or in any manner altering, the copyright, trademark, or other proprietary rights notices appearing on any Content except your own Content;

8.32 using any meta tags or other hidden text or metadata utilizing a Photobucket name, trademark, URL or product name without Photobucket’s express written consent;

8.33 attempting to probe, scan or test the vulnerability of any Photobucket Service or breach any security or authentication measures;

8.34 collecting or store personal data about other users without their express permission;

8.35 impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commiting fraud; or

8.36 using the Photobucket Services in a manner inconsistent with any and all applicable laws and regulations.

[meyer]

I store my online photos on PBase.com. There’s also flickr.com.

[paulycy]

This listing is why I am complaining. Having read it before I maintain that the images deleted do NOT fall under any of these categories.

Therefore I wish to appeal. So far I can’t find an official route or procedure to do so.

[meyer]

It might be easier if they’d just list what is permitted!

[BunnySlippers]

They deleted my photos of Fatah ala Mussafar.

[ßuddaßudd]

I have some interesting photos there as well. As someone already mentioned, I dont name them or anything else.
But maybe not after this post. I will check tonight.... ■