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LadyPact -> RE: Serious question (10/28/2015 8:22:16 AM)
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quote:
ORIGINAL: Faldegast
Well actually it matters the TOS is a contract which is only legally binding if it was mutually agreed upon in informed consent. If someone for some reason doesn't read the contract before signing it, then it's not valid. In some jurisdictions such as most of the US signing implies informed consent. But I think it's safe to assume that the person raising this didn't sign the TOS in the US.
Also from a non-legal barrier one must consider the cultural barrier a TOS and it's interpretation can apply. It is hard enough to use a foreign language to communicate. The further adaption to anglo saxian etiquette creates an additional barrier. In french culture name calling isn't necessarily considered a personal insult, but a mere expression of emotions. Where anglo saxian etiquette frowns upon emotional expression in debates, french culture consider it important to express emotions.
And when it comes to personal insults calling someone a "silly man" are quite over the edge for someone that argue against using that kind of language. In fact it's far worse than "asshole".
Except for the neat little part where you are incorrect.
The higher legal standard goes to where the company is based, rather than where the service is used. The jurisdiction for civil matters of any kind has to be filed where the business license has been issued and is current. CS as a business, and make no mistake, it is a business, even provides the information as to where that jurisdiction happens to be.
The 'I didn't read it/didn't understand it' thing doesn't tend to work unless you are dealing with cases where the company providing the service is specifically trying to defraud those who use it. (Of which, there really isn't one here.) Lacking that, it's going to go back to the contract for said services, which every member signing up specifically AGREED to the clause that said they read it and understood it. With very little leeway, it is not the site's responsibility to ensure or verify that members have done so. That is specifically on the member who is agreeing to use the service. The little scroll down, check the box, enter the verification code type gigs lend to the site's claim that the member DID read it. Those things back up that it's on the user.
Most people who have two competent brain cells to rub together can very easily see that ToS (like most service providing contracts) has been written with covering the ass of the service provider in mind. It's what I'd be doing if I owned the joint. Protecting my interests.
In my honest opinion, most people don't read the contracts they agree to where services are provided. People in general don't tend to read what they sign from their cell phone providers, credit card companies, warranty package when they buy their vehicle, and all different kinds of things. Who does that bite in the ass in the end? The person who signed it, stipulating that they read it, without knowing squat about actual terms.
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