[Via @danielleintheev]
An email from a reader. First, he is all (mostly!) for the bike-share program and is planning to purchase an annual pass.
Disclaimer: "I hate Citibank and it's super gross to be advertising for them."
But! "...the utility of it is really fantastic."
So. The reader was reading through the Rental Agreement that you have to agree to for the membership.
"There are a couple of things there that are pretty weird to me. First of all — and I was expecting this — they've thought of the fact that people are probably going to want to cover up the Citibank logos with something else, either to avoid being a tool to advertise Citibank or advertise something of their own."
Makes sense!
"Section 5 Prohibited Acts."
You must not dismantle, write on, or otherwise modify or deface a Citi Bike bicycle or any part of a Citi Bike bicycle in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Citi Bike bicycle in any way. You must not use a Citi Bike bicycle for any advertising or similar commercial purpose. This rule does not apply to the use of the seat height adjustment feature on Citi Bike bicycles."
Reader: "Now I don't know if that prohibits my idea of using some non-destructive floppy magnet material to just cover up the logos while I'm riding, but it sounds like it could. Maybe I'm just being paranoid."
And!
"Section 21 Waivers."
...
For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to NYCBS and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to NYCBS and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as NYCBS may decide in its sole discretion, the photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph."
"Is that even legal???"
Thoughts? Just legal mumbo-jumbo?
50 comments:
The paragraph about them being able to use your image in advertising, etc. is disturbing. Just checked the rental agreement for Toronto's Bixi bike sharing program, and there is nothing like this in there. The last thing I would want is to be cruising down Avenue A and wind up in a billboard for Citibike, especially without compensation!
Wow! That invasion and exploitation of privacy is very disturbing! I would never agree to these terms
Why should I sell my soul to Citi? A deal with the devil ...
If Citibank had to hire models or pay for interviews, it might lower their profit margin or Executive Package and trigger another global crisis! Be happy and work for free. When interviewed just say "F*** Citibank, this bike is for s***!"
I've come across language like this before -- so basically, they can take a picture/video of you riding one of their bikes and do whatever they like with it.
I find the issue about defacing or covering up the logo much more interesting. These bikes will be RIPE for street art. How they figure they're going to prevent that sort of thing?
Wondering what the surveillance camera coverage is at your average bike station. I'm guessing it is, or will be, substantial.
Hilarious! So they can film you pedaling away merrily on your Citibank bike and put you in TV ads for perpetuity, making YOU the Citibank mascot forever! I doubt they'll use footage of LES Jewels urinating on the Citibikes though.
You can always tell when it's blog sweepsweek around here. Oh another polarizing post to drive traffic and fuel reader rancor? I'm on to you Grieve.
@ Spike
I'll respond in a minute. I just tipped my bottle of Dom Perignon White Gold Jeroboam into the hot tub. Oh well — I have another 11 to go!
Hey, Lance Armstrong wannabe, let's not defensive now just because you're probably one of those militant, clueless bikers
How many of those tourists and transients who would read the rental agreement and actually understand it?
The posts sren't polarizing. This Cityshady bikesharing is. I'm on to you Soylent Corporation.
Well you all should have attended the well publicized meetings that were held around the City conveniently. Its your fault. Yours.
Its brilliant - you are going to pay CBS to provide them with content!
@ nygrump: This is the propaganda line delivered defensively every time a valid complaint is made about the CitiBike/ DOT program.
Really? We should have gone to the meetings? Well, many of us did and the result was that NYCDOT decided by fiat where all the hundreds of locations would be. The community input sessions were fake. I went to them in my area and we wasted our time giving our suggestions.
So defending this kind of crap is just plain weak..
Even if it's not legal, Citibank has a hell of a lot more lawyers and money than any of the shills who plan to participate in this invasion will have, so do you really think they care one way or the other?
Stuy Town went through this very same thing last year.
During the summer they hold rock concerts, and other events to lure in potential renters. There were signs up saying if you attend you agree to be photographed and shot with video. Photos of tenants and their kids showed up on Stuy Town's Flickr page, YouTube channel, Facebook page etc.
The Tenants Association found it was illegal for them to do this, even with the sign, and Tishman Speyer had to pull all of the photos and videos.
So we can't deface the bike. That doesn't mean we can't proclaim our feelings about ShittiBank on a t-shirt or hat. Hell...tape a sign on your chest and back if you have to. And give the finger to anyone you ride past with a camera.
The time to move was probably 10, or at least 5, years ago. Now they've polluted our beautiful block on the north side of Tompkins Square Park with this crap. Just the latest in a quickly declining quality of life that, less than 20 years ago, was really in a sweet spot.
The city has been auctioned to, sold to and paid for by developers and corporations. All we can do is wave goodbye and stay inside more.
Anyone who thinks this is a money maker for the city should bite their tongue- Hopefully they'll have enough dough to maintain it at least- "And Alta Bicycle Share, the company running the operation, has run into financial problems in Montreal. Government officials there eventually provided $108 million in financing to Alta’s partner, Public Bike System Company, in part to cover losses incurred by Bixi, the city’s bike-share program."
How is it these things can be shoved onto a landmarked block?!?
In other news the New York Times just killed their East Village blog:
http://eastvillage.thelocal.nytimes.com/
Riding nude will greatly lessen your chances of being featured in any CitiBike advertising.
They are just trying to protect themselves from asking for another 20-25 billion dollar bailout and more ownership stake to the govertment.
I'm amused how people claim bicycles are "shoved down their throats" but say nothing about the thousands of cars and trucks that noise-up and pollute-up their blocks day in an out.
How dare they replace our lovely cars with those hideous bicycles!
@12:25 PM: Ha, I was thinking the same thing yesterday - everyone's complaining about how much space they take up, and how they don't make sense to have in a place this crowded. Hmm, what other things can we think of that are like that?
@Rob D: I love the mental picture of legions of conflicted "CitiBike" riders riding around insanely giving everyone the finger, and other zany situations. I feel a screenplay coming on...
@Spike: Well, I'm the one who sent this in, and frankly I'm disappointed by how sensible most of the comments are. C'mon people, where's your crazy? Let's have it!
No will be photographing you and shooting you with a video and use them for Citi advertising when parking your car and just walking by, 12:25 pm. Even Google Maps blurs out the faces of those captured in their images. It's not an either or, bikes v. cars. How dare they invade our privacy in the name of corporate bikesharing. Then again, in this selfie generation, you would love that. Have a lovely time bikesharing while your image is being photographed and don't forget it to post it to instagram and Youtube, and tumblr so that it can garner so many likes.
Wake up people. The Citi Bikes are aliens with shape-shifting abilities. These 'gods' can not take over the planet openly because there are not enough of them, so they are doing it covertly by appearing as bikes. (See 'They Live' for more.)
You do NOT want to sit on one. SPAWN.
I love how they make an exception to allow use of the seat-height adjustment feature. Can I turn the handlebars right and left too?
The crazies are the ones who won't know or just ignore the legalese on the rental agreement or just bend over backwards over what the corporation and Big Brother tells them what to do, 12:48 PM.
This program is Orwellian.
ever read the back of a ticket to a concert or sporting event? same exact language.
lots of things to complain about the bikeshare but this isn't one of them.
"This program is Orwellian."
you win first place for hysterical over-the-top comment of the day
Guess what? The Citi Bank Blue Demons weigh around 40 pounds plus (around 45 pounds). Pretty sad when any lower end aluminum hybrid by a major bike company weighs under 30 pounds (without accessories). You want to ride these behemoths, be my guest.
What does "legal" even mean in NYC 2013 anymore?
the laws are bent around only to support the corporatocracy that is ruling us now, under the guise of govt.
This sh*t is really effing sad.
F*CK sh*ttibike!
take a look into the shady history of Citi and the City, including all the student loan fiascos, the loss of shea stadium, mortgages..... there's a whole lot of special interests shaking hands way up top.
It's how they steal your soul. When you sit on the bike seat, they pull it out through your butt.
Blue Demons! ROFL There it is! This Summer will be the official Summer of the Blue Demons!
The bikes are purposely lumbersome to slow people down. I've ridden them elsewhere and I'll tell you this, avoid hills unless you have the hamstrings of the Hulk.
Already it's clear this won't last more than one summer. Tourists who have never been or have maybe been to NYC a few times trying to navigate through Manhattan traffic on a bike? Good luck with that.
Orwellian -- propaganda, surveillance, misinformation
ahoy there. Keep bending over. Don't forget to lube. This Citibike sharing program is over the top.
Only on-topic regarding weird language in user agreements: Did you know that Java expressly refuses to let you use their software in the construction, maintenance, or production phase of a nuclear energy plant?
I love reading user agreements.
Gave up my bike a few years ago after a (non-bike-related) back injury, so I won't be using these things. Still, I like the *idea* of a bike share. Just wish it wasn't a corporate billboard.
"Rima Finzi-Strauss said...
@ nygrump: This is the propaganda line delivered defensively every time a valid complaint is made about the CitiBike/ DOT program."
I was being sarcastic, trying to be amusing. I thought everyone on this board knew my blowhard sensibilities at this point.
At the same time Bloomie/Quin are doing their best to close our libraries at 40th and 42nd street. Its gonna be another Donnell fiasco, which sits empty year after year.
This happens on the Internet all the time. X search engine or X social network updates their privacy policy or terms of service to state that they can use your data for whatever they want. People complain and claim that they won't ever use that service again, and the next day, they're facetweeting about their artisan dinners.
We have no privacy. It's a fact of the digital age. Each of you that commented on this post is having their behavior tracked by Google so they can sell some nonsense advertisement to some huge media agency at a higher CPM.
Nothing new here. Citibank is far from being the first company to slide something like this into their legal docs.
Big difference between internet activity and real life activity. Just because it's "a fact in digital age" shouldn't mean that it should be accepted and this should also be an accepted fact in real life. Oh, wait, before anyone says it, "if you don't like...[being tracked or see corporate ads]... then move to...[the boondocks].
I think it's awesome the CitiBike trolls are succeeding at not only perpetuating negativity and fighting about their product, but are skyrocketing these posts to the top of CitiBike search engine results. Good work promoting your own negative publicity! Wooooooo!
Any language about the data collected from the gps on the bikes? Which can be directly tied to the individual since you need a credit card to use the bikes.
"i really hate citibank, but it's conveniant." This is why we lose civil liberties, and allow ny to get so messed up with gentrification. Have some convictions people. If its bad enough to complain about, why give them your business?
Oh, I look forward with glee to the upcoming slaughter amongst the clueless tourists who think to have a real NYC moment by riding one of these little raptors. That's one way to thin the tourist herd...and some damn fine street theatre too.
Please, please... someone crank up their iMac and produce a good "SH*TIBIKE" logo that mimics theres. Print up t-shirts and get multiple places to sell them... stand on street corners and sell them. Get everyone to wear them. Have a rally with everyone wearing them. Get some publicity...
I agree with the e-mailer that the utility of the program looks fantastic but the advertising is gross. The advertising didn't have to be so gross - a discrete logo coupled with that characteristic blue would have been more classy and probably just as effective.
So it's probably fair to say that, by pushing themselves into people's faces, they're inviting vandalism. Still, there's no problem about agreeing not to deface the Citibank logos, since someone else will probably do that for you.
But why does the rule against modifying or defacing explicitly rule out the adjustable seat post? Maybe some recent law-school graduate, eager to prove his worth against all available evidence, thought that using the adjustable seat post would be "modifying" it, but it wouldn't; it would just be normal use. As it stands, this provision leaves open the possibility of putting a green TD Bank sticker on the seat post.
The lengthy paragraph about letting them use your image is very strange because there's nothing about the bikeshare program. You're giving them permission to use your picture even if you're not doing anything with their bikes. I wonder what the lawyers say about this. But I don't wonder what the Citibank lawyers say, since they're evidently incompatent. incompitent. incompetent. whatever.
Welcome to BLOOMBERGISTAN !
This is a misguided complaint. CitiBike (or anyone else for that matter) already has the rights to use photographs/videos of you when you are in public, since there is no expectation of privacy.
I think you are worrying too much.
There are better things to worry about.
More bikes. Great! Cyclists are on the sidewalks, running lights, reckless and selfish. Thank you Bloomberg for making it so unsafe for pedestrians. Hey bikers, you are biking like cars!
I am actually very happy to see so many LESiders against the bike share. It'll guarantee that I get a bike when I need it every time! Thank you people who have nothing else to do but obsess about the wrong things in life.
I don't care who sponsors it -- I'm keeping green by riding a bike instead of driving around town. Awesome.
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