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Old March 7th, 2006, 05:37 PM
statc statc is offline
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Displaying images with underage drinking.

Ok so I started a clothing company and on the site people can submit images of themselves living the Hedonist lifestyle in Hedonist Clothing(the company). My question is, is it legal to host images of people( who you do not know if they are underage) drinking alcohol? as long as they aggree to these terms when submitting the images
"
By submitting an image you are agreeing to allow Hedonist to use it in any and all promotional materials.
We are not responsible for the content of submitted images. If we find that any local laws are being broken through the submission of an image we will remove it, but make no guarantee on the amount of time taken to remove it.
We realize that different people enjoy different activities and we will not censor any images as long as it complies with local law."

Also, can the images hosted on my site be used by authorities as proof of underage drinking? I just want to make sure that my company doesn't get in legal problems or cause others legal problems. Thanks

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Old March 7th, 2006, 09:27 PM
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Why? Your target customer is an underage alcoholic?

Seriously.

My advice is not to even go there. However, if you do go there then you can suffer any trouble a teenager is likely to stir up, which if my own teenage years are any precedent, probably involves not only the cops, and not just one but several investigations which may or not find any number of people guilty or not.

See when kids drink alcohol things happen like a soda machine accidentally falls into a swimming pool on the same night that all the picnic tables became firewood. It only gets worse when there's a motor vehicle. If you have photographic evidence of suspects ...

Really, it's unlikely you'll get more than a cease and desist, and even that is unlikely. You can also pull the "Hollywood Beer" scenario. It's Ginger Ale :-)

The Internet is full of photos that the subject would object to if they knew about it. Most people are taking their chances when they host that content. They just very rarely discover it. On the rarity they do there have been many large settlements in their favor. If you're really sure you have the sign-off of the actual parties (no pun intended) then that will help your defense.

Again: is this really the advertising image you wish to portray as a business? I guess it is. Go for it then, you'll probably be fine. If you're a business you should have a lawyer anyway. Me, I just studied cursory entertainment law for personal enrichment. I'm a database analyst/musician.
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Old March 7th, 2006, 09:59 PM
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No my target consumer isn't an underage alcaholic. It's young people, mostly college age who want a say in designing the clothing they wear and like limited edition tees. The thing is that if/when the site grows there will be those who submit images like that. i just want to make sure that if they do and get in trouble, they won't be like" Oh this company is called Hedonist, yet if we submit images of us having fun, we get in trouble", giving me a bad rep. I'll def get a lawyer once the company gets established.

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Old March 15th, 2006, 03:04 AM
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Bad publicity for a company like this is good.

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