Acceptance of Terms

[Richard5]

During setup of my newly-purchased Charge 5, I hit a stumbling block while reading the Terms of Service. Initially I drafted a letter to Fitbit International Legal Dept but my local post office is unable to send mail to Dublin at the moment. As the same Terms of Service apply to the Community, I had to accept them in order to query this in the Community. Here is my issue:

5. POSTING YOUR CONTENT ON THE FITBIT SERVICE

Noting the following extracts from section 5.

• "You retain all rights to Your Content that you post to the Fitbit Service."
• "By making Your Content available on or through the Fitbit Service you hereby grant to Fitbit a non-exclusive, transferable, sub-licensable, worldwide, royalty-free licence to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section 5 are only for the limited purpose of offering and improving the Fitbit Service."

I consider that these two extracts may be incompatible with each other. On the one hand, I retain rights to my content, while on the other hand, Fitbit can do what it likes to my content (within the constraints of the last sentence in the second extract).

What does "You retain all rights to Your Content" mean if it can be misrepresented as described in the second bullet? I understood that a submission is automatically protected by copyright law.

Please explain.

[Odyssey13]

Hi @Richard5  have you checked similar Terms of Service at other companies/forums? I just finished reading over the same thing at Apple, Section B, 9 and 10. It seems to be pretty standard, no matter where you go.