Redfern opened this issue on Nov 29, 2004 ยท 26 posts
ynsaen posted Tue, 30 November 2004 at 9:19 AM
With equal respect, Cardinal, it is just what they are doing. If it came out poorly, I apologize. Such is my understanding from following the various posts surrounding this. I am told that an answer was given, of sorts, regarding that, in the Merchant Forum. However, I do not have access there (I violated the TOS myself, you see, and have my own black mark for it), so can't snag it and post it for you (which I would do,even though it would have earned me another black mark and probably a banishment). Based on all of the information that I have, that is precisely what they are doing, and yes, it will apply to the galleries, and yes it already applies to the store (though, to be frank, ya coulda fooled me). As for arguing that the terms of service have changed through usage, it's a weak one. The members agreed to abide by them, it is updated somewhat regularly, and I can think of no effective legal argument that might persuade a judge. The TOS is governed under contract law in the state of TN, and, well, that argument hasn't worked in Tennessee since about 1893. Ultimately, however, it's pretty much up to Spike, who tends to appear to do everything possible to avoid posting in this forum, so getting a public posting in here from him is about as great as a snowball's chance of staying together when tossed in hot oil.
thou and I, my friend, can, in the most flunkey world, make, each of us, one non-flunkey, one hero, if we like: that will be two heroes to begin with. (Carlyle)