Here is deviantART's official response: deviantart.tumblr.com/post/845…
Here are more explanations:
- dA is Not Selling Your Works to Third Party
- Submission Agreement Explained. by realitysquared
- 'Alarming' DeviantArt Submission Policy
Submission Policy (open to compare it side-by-side)
TL;DR You retain all rights to the works that YOU own and have created. DeviantART is allowed to display them on their website through this policy, they cannot sell your works to a third party or through their own channels unless you gave them your written consent. Also, DeviantART cannot be held responsible if your work is being sold without your consent.
DeviantART is a website they own the rights to, and which through this agreement they will allow you to upload your work onto here under certain conditions (just like every other website). They can generate thumbnails of your work, allow the circulation of your work throughout their site and have it FEATURED on their website. By uploading to deviantART you can allow third-party sharing tools such as Facebook, Twitter and Reddit to share your work onto those websites (or remove that right)
The moment you upload your work onto deviantART, the submission policy applies to your account. When you close your account or remove a work from the site, the submission policy no longer applies to that work or you.
YOU retain all rights to your uploaded works on deviantART. DeviantART can use your work for functional usage on their website, but you alone still own the work.
3. License to Use Artist Materials.
You allow deviantART to publish your works onto their website and they allow you to use their technologies that let you further edit the work.
In order for your work to be seen on deviantART, the website has to spit out a copy of the work, a thumbnail generated from that work, generated links to that work (:thumb:, sharing options, fav.me, etc.), an RSS feed, metadata, the information fields you filled out along with being able to edit the image size or other foreseeable features. Your work will be seen by other users/entitites who can then share your work on the website itself or across third-party platforms (reddit, twitter, tumblr, etc.) should you choose to allow this.
DeviantART can sublicense this submission policy agreement in order to promote your work. Your work can also be featured on their website by deviantART's staff or the userbase, either as a daily deviation, a promotional feature in a contest hosted by a third party platform (e.g. Disney), a promotional article or some other means of featuring your work through their website. DeviantART can also share your work through other advertisers or platforms where they may have a presence (e.g. Official Facebook Page, tumblr, etc).
4. Name and Likeness.
DeviantART can advertise your work or feature your work but they can't release any personal information other than what is publicly displayed on your user profile.
5. Limitation of Rights.
DEVIANTART MUST HAVE YOUR CONSENT TO SELL YOUR WORKS (commercial use) THROUGH THEIR OWN SITE OR TO ANOTHER COMPANY. THEY CANNOT SELL YOUR WORK WITHOUT YOUR CONSENT.
DeviantART doesn't have to pay you royalties for displaying your work.
7. Representations and Warranties.
Don't impersonate another artist and only upload works where you own the rights to publish it onto online communities. Don't break any laws, don't upload harmful works (e.g. viruses, hate speech, etc) or pornographic (child or adult) works. If you're a minor, a guardian must act on your behalf until you are old enough to run the account on your own.
8. Third Party Payments.
You are responsible for paying for third-party works used in your own work.
DeviantART cannot be held responsible (sued) for things that they cannot control such as someone taking your art and selling it on a t-shirt.
10. DeviantART's Performance.
DeviantART does not control your work and you are responsible for what you put on their website. Sometimes there will be a bug or glitch that inhibits your ability to use the website, or their website may go down that could end up with your work being lost. In other words, it's your responsibility to have a personal backup ready should this problem ever occur.
11. No Warranty.
DEVIANTART CANNOT GUARANTEE YOUR WORK TO BE UPLOADED BY SOMEONE ELSE ONTO ANOTHER WEBSITE.
12. No Liability for Third Party Use.
(Unless you explicitly allowed the use of your work) IF YOUR WORK ENDS UP ON ANOTHER WEBSITE YOU CAN'T HOLD DEVIANTART RESPONSIBLE FOR IT BEING THERE.
13. Exclusion of Damages.
DEVIANTART ISN'T LIABLE FOR YOUR OWN BUSINESS LOSSES.
14. Copyright and Trademark Uses.
Don't use DeviantART's logo or mascot without prior consent, same goes for using logos, trademarks or other intellectual property from third-party advertisers/platforms/providers.
Governing Law; Jursidiction. DeviantART operates within the United States by the laws of the state of California. Should a dispute ever occur between you and DeviantART, jurisdiction from their side will reside within California.
Assignment. Only deviantART can assign this agreement, not you or someone else unless you have deviantART's written consent.
Notice. You must send notices to DeviantART in writing only and must be sent to their legal department address.
Entire Agreement. This agreement is meant to spell out all points of the agreement upon submitting your works onto their website.
Modification. DeviantART can alter the agreement and will notify any changes made via email. If you don't agree with the changes then you gotta go.
Survival. In order to withdraw your works from deviantART's policy, you have to remove them completely from their website.