It seems that every time I make any kind of purchase from an online retailer I’m soon bombarded with
demands requests from various associated websites to provide my feedback / ratings / opinions / reviews.
Don’t get me wrong, I’m all for user-generated content and I often consult sites like TripAdvisor and Amazon for product reviews. What I object to is being hounded for my feedback.
Take this recent example:
As it happens my recent purchase from Boots was not for myself, so I don’t have an opinion. Boots did at least provide an unsubscribe link, but even that reveals the level to which I will be harassed for my feedback:
How about if I don’t review the product after 4 days then you get the message that I’m not interested and leave me the hell alone?
I thought I’d take a look at the Boots small print anyway.
“By submitting your reviews you agree to us using your opinions.”
That sounds fair enough, but to be thorough we really should take a look at the full Terms & Conditions (like everyone does of course!).
There is the expected legalise around content ownership and intellectual property rights (i.e. I am the author and I voluntarily waive all rights to my content), some sensible clauses about my not submitting false or defamatory comments, but then it takes a darker twist.
You agree to indemnify and hold Boots UK Limited (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
Really? In this highly litigious world we live in I don’t know who I might be offending by what I’ve written about a product. I’m not prepared to bankrupt myself defending Boots against someone who doesn’t like what I’ve said. Should I purchase legal indemnity insurance before posting a review?
For any content that you submit, you grant Boots UK Limited a, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
I accept that if I agree to submit some words then they can use what I’ve written, but what’s this about modifying, adapting and creating derivative works? What if I’ve honestly had a bad experience with a particular product and want to share that with the readers? Does that mean they can change what I’ve written and still attribute it to me? That sounds a bit scary.
As I read on I discover that my hypothetical bad review would not be published anyway. Their terms state “The following is not acceptable on this site: Disparaging reference to a healthcare product, company, institution or medical profession”.
Since Boots is predominantly a healthcare retailer, it is highly likely that any review I care to leave will be about a healthcare product, but I guess they only want positive feedback.
Thank you Boots for the offer, but I’ll pass on sharing my opinions.