OT: Can Comstock change EULA mid-license?

ken c wrote on 9/6/2006, 6:54 AM
Hi -

When I subscribed to a 1-year subscription at comstock1700k.com, the EULA/license agreement was here:

http://web.archive.org/web/20050208035744/www.comstock1700k.com/en/company/licensing

Now, they've just "renamed" the service to comstockcomplete.com and have ADDED a "no stockpiling/you can't download it and use it after your subscription expires" term, silently, to the new EULA, at:

http://comstockcomplete.com/en/company/terms

(it's item XII: # Stockpile, download, or otherwise store Images not used during the Subscription term for future use. )

So basically they ADDED a RESTRICTION mid-subscription to the terms of use, which I think is not legal, is it?

It's that I bought the subscription under one EULA, and now they're changing licensing terms mid-use, which I believe is illegal.

Anyone have any thoughts on that?


Thanks,

Ken

p.s. at the top it does say, "Comstock Images reserves the right to change these terms at any time, and you agree to be bound by such changes. " so maybe it's legal? I don't know, but it seems that adding restrictions to usage After the fact, midstream into a 1-year subscription, isn't right... thoughts?

Comments

JohnnyRoy wrote on 9/6/2006, 7:23 AM
> "Comstock Images reserves the right to change these terms at any time, and you agree to be bound by such changes. " so maybe it's legal?

It sounds like you agreed that they can change the agreement. That stinks but it sounds legal.

> I don't know, but it seems that adding restrictions to usage After the fact, midstream into a 1-year subscription, isn't right... thoughts?

My first thought is to cancel and demand a refund for the ununsed subscription. Even if they don’t give it to you because you agreed to the change in advance, at least they will know that they are pissing off their customers and you won’t be renewing your subscription.

~jr
ken c wrote on 9/6/2006, 7:38 AM
right - but, I need their images, they're great... grrr..

Anybody know of the top graphic design/photoshop etc forums, where others who use royalty free images a lot hang out in? I'd like to post this over there, and see if we can get some kind of support to not bind us by the new EULA terms..

I called comstock and asked that one of their attorneys contact me, I'd like to get answers to this from them, as well.

ken
Former user wrote on 9/6/2006, 8:12 AM
Check out www.istockphoto.com
ken c wrote on 9/6/2006, 8:22 AM
You know what I think I'll do is, instead use screencaps from my Digital Juice VideoTraxx 1-3 for my stock photos.. eg just drop the vid on vegas timeline and screencap what I want..to use the static images in web sites, DVD covers etc.. that's ok by DJ, according to a call I just made to them. Cool.

Digital Juice to the rescue! again...



ken