Jun 22 2007, 4:29 pm
In response to Zapno
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Popisfizzy
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No court would uphold it.
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Zapno wrote:
By walking on my driveway, you agree to be my slave. The terms of service do not state "By using this service, you agree to be a slave." That wouldn't hold up in court for one thing, and wouldn't be good business sense for another. It'd be more like "You may park your car on my driveway as long as you don't play music on the car stereo.", and even that's still not a great analogy. | |
Zapno wrote:
So, the paper on my desk saying anyone who walks on my driveway is a slave is just for show then? Pretty much yeah. Unless you're writing a work of fiction with it, or something. | |
Zapno wrote:
He paid for a membership. As such he paid for all benefits of a member. When he bought his membership, they did not say "If we don't like what ya post gtfo, but we'll keep your money, k?". If he didn't verbally, (or through typing) agree to something it is unfair to just enact it. Note the big shiny terms of service link on the pages involving purchases of memberships. As stated before, my slave agreement example applies. No, it's a useless example. Even a SIGNED contract can't have that provision in it, under U.S. law, or the entire thing would be invalid. There are certain requirements for a valid contract. Go look them up. | |
I see, you can't understand an analogie can ya? The principal of that was what I was referring to. It is messed up to make someone do something without them CERTAINLY, and COMPLETELY knowing what they're agreeing to. You're just trying to hide the "fine print" to make any excuse you want later.
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So, U.S law was what we were debating right? Oh wait... that was an excuse. Nevermind then, keep drawing up some new bull. It's quite entertaining to think of what you'll randomly post next.
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Enough of this. Nobody's "rights" have been infringed. Drakiel is free to display pro-marijuana content on his blog if he wants to, and BYOND staff is free to choose not to display that content on their front page. End of story.
I assure you, Zapno, that the same standards of content are applied equally to everyone. If I started putting pro-marijuana content on my member blog then it would be removed from the front page as well. Similarly, if my blog was removed from the front page and I started complaining about having my rights infringed, I'd get the exact same response as you did. Front-page listing is a privilege, not a right. Drakiel didn't pay for front-page listing; he paid for a blog. (Front-page listing is not described as a feature in the promotional material.) Even if he had paid for front-page listing specifically, he agreed to the TOS when he signed up, and the TOS explicitly says: "in cases where the BYOND staff determines that images or content on a BYOND Member site are detrimental to the interests of BYOND, the BYOND Staff may choose to filter or remove the images or content, such as from search results, site summaries, or the BYOND forums" (emphasis added). The TOS is displayed clearly upon signing up to the service, and people who sign up must explicitly agree to be bound by the conditions. There is no excuse for not having read it. In any case, ignorance is no excuse. Thread closed. | |