So Disney is claiming that if I reply to their tweet and use the hashtag, and if my reply contains content that is ok according to Twitter's terms of use, but not ok according to Disney's terms of use, I am magically violating Disney's terms of use. Despite me not using an actual Disney service, despite them having zero control over my tweets, and despite me not accepting their terms of use in the first place.
Hell no.
I'm not saying you all should reply to that tweet with your best Chewbacca furry porn. But you totally should.
The only way to challenge this is for you to tweet something to Disney that they then use in their marketing material. That allows you to send them a cease and desist, because you didn't give them permission to use your tweet in that way. At that point Disney is just going to say "ok", shitlist you, and stop using your tweet, because that's cheaper than any alternative.
This is just overreaching bullshit CYA legalese that's never going to get challenged in court.
This is what unfettered and auto-extending copyright enables.
How do you figure?
"You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your incorporated audio, photos and videos are considered part of the Content)."
(Twitter certainly isn't unique here, this is the gold standard for user-submitted content. Users always own their content, but grant the service an unlimited royalty-free transferable license to copy, process, display and "perform" the content.)
>Will Google use my social media posts to promote Code Jam?
>If you share or post content on any Coding Competitions social media page(s) or tag a post with a Contest hashtag (e.g. #CodeJam) on your social media account, then Google may feature your Social Media Content in marketing and promotional materials for any Coding Competitions Contest. Learn more in the Coding Competitions Terms.
Guess it is more binding when they write that on their webpage than on their social media
From their terms of use: "Disney DTC LLC and/or its affiliates and subsidiaries (collectively, “Disney” “we” or “us”) are pleased to provide to you certain websites, software, applications, content, products, and services (“Disney Products” and “Products”), which may be branded Disney, ABC, ESPN, Marvel, Pixar, Lucasfilm, FX, Fox Searchlight, 20th Century Fox, National Geographic, or another brand owned or licensed by Disney."
What Disney is arguing is that their Twitter account is magically a "Disney Service", and that by tweeting at them, and using a specific hashtag, you are magically using their service, which would then bind you to their terms of service.
Fuck right off. That's not how this works.
I understand what Disney wants, it wants to use other people's tweets in their own promotion materials. That is fine, provided they ask permission from the authors of said tweets. But since they're lazy fucks, they're trying to pre-emptively argue that if you use that hashtag, they already asked, and you already said ok, so they don't have to go through the hard, hard, work of actually asking people and documenting their consent.