This is Damian from Blue Lava Technologies, the makers of iLovePhotos.

Thank you for your comments. We’ve actually been actively addressing that particular passage of text, that you have posted, with our lawyers as we speak.

Addressing your concerns, the reason the license can be transferred is in the case of acquisition of our company, we need to be able to hand over these rights to the acquiring party.

We would never otherwise transfer those rights to anybody.

As for the third party services, we are working on tightening up the language and making it more user friendly.

If you still have any questions, feel free to contact us at feedback@ilovephotos.com.

Many thanks for your time and we hope that you enjoy using iLovePhotos.

Best regards,

Damian
damian@ilovephotos.com
ilovephotos.com

I’ve got an email in to iLovePhotos.com for their comment on this very good point you have raised. I’ll let you know what I hear back from them.

In the mean time, I’ve copied below what I believe is the relevant language that you are referencing in the Terms of Service:

“Content

You agree to abide by the User Content Policy which is incorporated into and considered part of these Terms of Service.

You are solely responsible for any and all Content that you upload or otherwise make available using the Service. You warrant that you have the legal right to copy, display, distribute, and make derivative works from the Content that you upload or otherwise make available using the Service, that you have secured all appropriate permissions or releases from individuals appearing in the Content prior to uploading or otherwise making the Content available using the Service, and that you have the legal right to grant Blue Lava the right and license set forth in the paragraph below.

Blue Lava does not claim ownership in the Content you upload, submit or make available using the Service. In order for Blue Lava to make the Service available to you, you hereby grant Blue Lava a royalty-free, non-exclusive, perpetual, irrevocable, worldwide right and license which may be sublicensed or transferred, to use, display, distribute, reproduce, copy, make derivative works from, modify, adapt, transmit, translate, perform, publish and sell your Content in mediums or formats now known or later developed.

Blue Lava may work with third parties to provide users with the option to purchase DVDs, CDs, photo albums or photo books containing such users’ content or other users’ submitted Content. Blue Lava does not monitor such purchases or control the ultimate distribution or sharing of such Content by others.”