Forum: Community Center


Subject: Rules unclear and unfair

Primal opened this issue on Oct 23, 2006 · 732 posts


CaptainJack1 posted Fri, 17 November 2006 at 8:27 PM

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

Umm... no, 'fraid not. The TOS is not a legal contract, because it lacks the principle feature of a contract, namely, an equitable exchange. In your rent agreement example, the landlord exchanges something of value (use of the apartment) for something of value (rent money). The TOS is not a contract, it is a list of provisions limiting the usage of a publicly available, privately held facility. Our agreement, tacit or otherwise, to abide by these provisions is an act of willful subjugation on our part, not anything legal.

The fine folks here can refuse access to this site, in whole or in part, for almost any reason. And, they are allowed to do it whether we actually agreed to the TOS or not. Also, they can change the rules any time they want, and they can, if they like, refuse access to people based on the new rules.

There is no legal contract that exists between us the users and R'osity with respect to our usage of the forums, or posting images. None whatsoever. We are, quite literally, at the mercy of the whims of the administrators of this site (fortunately, they are some of the finest folks around!) because there has been no equitable exchange of prodcuts or services of value with respect to our usage of the site. Even people who buy things from the site only have a limited contract related to the sale and usability of the merchandise or service. They invited us in to their house to play, and they can ask us to leave if they want.

Try this... go to a restaurant, walk into the dining room, and start screaming foul language at the people dining there. When you are escorted out, claim that there is a legal contract between you and the restaurant that is limited to "No Shoes, No Shirt, No Service" and that you never agreed to even that, anyway. Then, sue the restaurant for "breach of contract". 

Finally, listen to your lawyer giggle his ass off at you. 😄