Quote - Just for reference, this is the "right to free speech" that people keep talking about:

Quote - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

(Emphasis is mine.)

Note that this amendment to the U.S constitution does not, in itself guarantee anybody the right to do something, but rather restricts the government from prohibiting it. Also, please note that this right to free speech does not say anything about anyone being provided a free soapbox from which to speak their piece.

Renderosity has graciously provided us with a soapbox, but has implemented rules limiting how we may use it, which is their right. By denying anyone usage of the soapbox, they are in no way abridging anyone's "right to free speech". This is more a case of "you can't talk that way in my house, go outside". The U.S. government will, by constitutional law, not stop you from expressing your opinions in a peacable manner. But Renderosity is under no obligation, legal or otherwise, to provide us with a place to do so. And they are completely within their rights to, arbitrarily even, deny access to this forum. It is quite legal for them to make up a rule restricting the use of their private property (yes, this web site is private property, deal with it) and is not in violation of the laws of Tennessee, the United States, or the constitution of either governing body.

 

 When Renderosity asks that you "agree" to that TOS, and you click that little "I agree" option you are electronicaly signing a legal agreement between you, and Renderosity. 

Wich means that the TOS legally is a contract between you the member and Renderosity. 

As I have already pointed out, for some of us, "oldtimers" when we electronically "signed" that TOS agreement, there was not a clause that allowed for changing the TOS at all whatsoever. 

At that time the TOS here, did not adress that particular issue at all in fact. 

As there was no clause that allowed for changing of the TOS at the time some of us  electronically signed the TOS, legally any changes to that contract (TOS agreement)would have too be approved or "agreed" too by both party's to the original agreement for it to be binding upon one party or the other.

Otherwise the original signed agreement applies.

Let me give you an exmaple:

You sign a contract to rent an apartment. (TOS)

In this lease it says the landlord will do A, B, and C. The lease you sign makes no provision for changing any part of the lease whatsoever.

Later on, six months into the lease, the landlord decides he wants too change parts of the lease, so that in addition too A, B, and C.  you must also now do D,E,and F.

So the landlord draws up a new rental agreement, in wich he inserts a clause that allows him/her too change the lease, wich was not in the original lease, and further making changes too A, B, and C requiring you too now do D, E, and F.  He/she posts the new "rules" in the lease in the hallway.

Guess what, 

Unless the tennant, were to voluntarily agree to those changes they can ignore them all they want too. And the landlord, legally cannot evict them for it either. In fact, if the landlord even tried too, the landlord could be sued.

Becaue, legally that is a new contract, and the tennant is not under any obligation to sign a new contract either unless, and untill, their original lease expires.

Since legally it is a contract, It is the same with the TOS here.

Private business or private citizen,  once you sign a contract with someone, you cannot after the fact go back and change it unless the other party agrees to the changes or, there is a clause in the contract that allows you too do so.

"I am enough of an artist to draw freely upon my imagination. Imagination is more important than knowledge." Albert Einstein

Free the freebies!