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""I agree to terms and conditions..."" Topic


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562 hits since 22 Feb 2016
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Terrement Supporting Member of TMP22 Feb 2016 12:54 p.m. PST

Received a sweepstakes entry from what I would consider to be a well known national web presence, and source of good material on their fields of expertise.

I went to the sweepstakes sign up page and as I always do, actually read the terms and conditions before checkin that I agree.

Without naming them, but as a cautionary tale for others, the terms and conditions contain such nuggets as:

By using this site, you are deemed to have agreed to these terms and conditions of use. XXX may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on XXX.com. By using the XXX Media after we post any changes, you agree to accept those changes, whether or not you have reviewed them.

So even if you read and understand the rules, they can change them and if you don't happen to catch the change on the web page that you don't visit daily, you've already agreed to comply with whatever those changes are.

You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by XXX or submitted to XXX, including Content.

I can understand the caveat excusing them from editorial review of comments and the like submitted by others but since they are including content of their site, they are essentially saying you can't rely on what they post themself.

COMPANY

Terms & Conditions
Tasting Table is a website and newsletter for culinary enthusiasts.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
The TastingTable.com and TastingTable.tv websites (the "Websites"), emails ("Email") and mobile app ("Dine"), collectively "Tasting Table Media", are provided by TDT Media Inc. ("Tasting Table", "we","us") and/or its affiliates and subsidiaries for your and others' personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto ("Terms and Conditions"), and the rules that may be published from time to time by Tasting Table. By using this site, you are deemed to have agreed to these terms and conditions of use. Tasting Table may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on Tasting Table.com. By using the Tasting Table Media after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use the Websites or Dine App and unsubscriber from the Email.

USER AGE

We test and re-test every recipe we run so you can be sure everything works just like it does in our Test Kitchen. And when we're out reviewing a restaurant, we pick up the tab to be sure we'll have the same experience you will. And we pledge to drink every drop of every bottle of beer, bourbon or bubbly that we write about. (Burp. You're welcome).

CHILDREN'S INFORMATION

Our Site is not intended for children under 13 years of age. In accordance with the Children's Online Privacy Protection Act ("COPPA"), we do not knowingly collect information from children under the age of 13. If you are under 13, do not use or provide any information to us on this Site or otherwise provide any information about yourself to us, including your name or e-mail address. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at concierge@tastingtable.com

User Conduct

Tasting Table Media and any communications service, including the capability to contribute material through the contribution form (each such submission, a "Contribution"), chat room, message board, newsgroup, or other interactive service that may be available to you on or through Tasting Table Media (collectively, the "Services") are provided to you solely for entertainment purposes. By using Tasting Table Media and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Tasting Table reserves the right to terminate your subscription to the Email, terminate your Tasting Table account and refuse any and all current or future use of the Services.

Without limitation of the foregoing, you agree to not use Tasting Table Media or Services to:

Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, "Content"), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful;
"Stalk" another;
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, a Tasting Table official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Websites;
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
Act in a manner that negatively affects other users' ability to engage in the Websites or Services;
Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Websites or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
Intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect or store information about the users of Tasting Table Media or the Content posted by others on this Websites or use such information for any purpose inconsistent with the purpose of Tasting Table Media or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

You acknowledge that Tasting Table is not responsible for material submitted to Tasting Table or posted on Tasting Table Media by users. Tasting Table does not pre-screen, monitor, review or edit the Content posted by users. However, Tasting Table and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in TastingTable's judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. Tasting Table is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to TastingTable. You agree to immediately notify Tasting Table of any unauthorized use of the Service or any other breach of security known or suspected by you.

You acknowledge and agree that Tasting Table may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Tasting Table, its users or the public.

You understand that the technical processing and transmission of Tasting Table Media, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Tasting Table assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to Tasting Table Media.

Any or all Content on the Websites may be purged periodically in TastingTable's sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by Tasting Table or submitted to Tasting Table, including Content. You further acknowledge and agree that the views expressed on the Websites do not necessarily reflect the views of Tasting Table, and Tasting Table does not support or endorse Content (including any Contribution, whether or not edited by Tasting Table or its designee or presented on the Websites edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.

Electronic Communication

By visiting Tasting Table Media, submitting your email address through Tasting Table Media, or communicating with us through Tasting Table Media, you consent to receive communications from us by e-mail or Tasting Table Media notices. Any communications provided to you electronically satisfy any legal requirement that such communication be in writing.

Mobile / Wireless Policy

In addition to any fee of which you are notified, your provider's standard messaging rates apply to our confirmation and all subsequent SMS correspondence. No more than two messages per day per SMS subscription will be sent. All charges are billed by and payable to your mobile service provider.

We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis.

Data obtained from you in connection with this SMS service may include your cell phone number, your provider's name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services you request from us. We will never share this information with a third party.

Restrictions On Use of Material

The content on Tasting Table Media is intended for entertainment purposes only. Except as expressly permitted, you agree not to use Tasting Table Media for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of Tasting Table Media . Only if you obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property -- may you publish, display or commercially exploit any material from Tasting Table Media . To seek our permission, you may contact us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.

You must abide by all additional copyright notices or other restrictions contained on Tasting Table Media .

Unsolicited Materials

In operating this site, Tasting Table does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through Tasting Table Media, mail, e-mail, or in any other way. Any information or material submitted or sent to Tasting Table, will be deemed not to be confidential or secret. By submitting or sending information or other material to Tasting Table you represent and warrant that the information is original to you and that no other party has any rights to the material.

User's Grant Of Limited License

By communicating with XXX, including submitting or sending Content, a Contribution or other information or material to XXX Media, you grant XXX the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a XXX feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to XXX.

So anything you submit becomes THEIRS for benefit purposes, buy YOU are liable for any problems with that same input.

There's more, as you might imagine, but those give you some examples of what may be hidden in those agreements that I'm guessing most folks say "Yeah, whatever…" and check the block without even a glance.

JSchutt22 Feb 2016 4:42 p.m. PST

I find amusing the terms and conditions that asks you to acknowledge that any of your personal information they collect could be stolen by third parties and used against you at no risk to themselves.

Ed Mohrmann Supporting Member of TMP23 Feb 2016 8:00 a.m. PST

An excellent example of why I NEVER 'agree to terms and
conditions'.

And yes, I suppose I miss a lot of 'good stuff' thereby.

My loss…

45thdiv Inactive Member23 Feb 2016 8:51 a.m. PST

By using a computer you had to agree to t er ms and conditions of the operating system. Windows or Mac.

Personal logo etotheipi Sponsoring Member of TMP23 Feb 2016 4:46 p.m. PST

And yes, I suppose I miss a lot of 'good stuff' thereby.

My loss…

No, not really.

By using a computer you had to agree to t er ms and conditions of the operating system. Windows or Mac.

Unless it's Linux … or … you wrote your own OS.

---------------
SO … don't agree to anything that you don't agree to.

Personal logo Andrew Walters Supporting Member of TMP24 Feb 2016 8:50 a.m. PST

Researchers at Carnegie-Mellon figured out that it would take the average person 76 work days per year to read all the terms and conditions and privacy policies.

link

Manifestly, we're all clicking "Agree" without reading the documents. Goodness knows I'm not.

And much of that text would probably be hard for most people to realize all the implications of, so even if you read it and even if you thought you understood it you might not.

Which raises two interesting question in my mind, which has no legal training:

1) When one of these things comes to trial will some individual be successful in claiming "you can't expect me to have seen that"? Will some idiotic clause be held binding if it was something a reasonable person would not have expected to be in there?

2) Just because something is in a contract doesn't mean it's legally binding. Clauses which violate the law in some way can be struck down. So when one of these agreements comes to trial will things that should be in there be held valid by the court while unreasonable or illegal things will be nullified?

3) Have we committed perjury by clicking "I have *read* and agree,.." when we haven't read the document? And will that provide legal leverage for the other side in a trial?

4) Once a few court cases have nullified parts of these agreements what will companies do instead to try and massively overprotect themselves from vicious, predatory customers?

Okay, that was more than two questions.

I dream of a world where the companies pay third party firms to read these documents for us, kind of like Underwriter's Laboratories. So Apple would pay Trust Inc to read their agreement and put their stamp of approval on it, so when you see the document you don't have to read it, because you have faith in Trust Inc.The document-approving third party would be motivated to look out for you so that their seal has value. This is a self-sustaining, private sector solution that costs the consumer nothing (directly) and could provide solid protection.

But congratulations, Terrement, you have found the most egregious T&C I've heard of yet.

Question #5, what happens the day someone does something horrendous in the T&C and then tries to enforce it? EG…

One Monday morning Google changes their T&Cs to say that if you use gmail or their search engine or Google Docs or Google Drive, etc, you confer upon them all your worldly goods and assets, and agree to follow their directions for all future purchases, moves, employment, etc. Then suppose people head to work and start using all those services, until maybe Noon Eastern time when someone says, "hey, wait a second!" Panic spreads across the internet, people think the warnings are just a scare at first, but quickly they check and yup, sure enough, some percentage of the population (10%? 50%?) has agreed to give Google everything they own and obey Google forever. People immediately quit using google services, and are effectively crippled for a few days searching for alternative services (which are immediately overwhelmed by the new users and their servers crash) and giving everyone their new email address, etc. Google moves to take possession of everyone's assets, and of course everything ends up in court. But Google knew that would happen, so their lawyers, their many, many lawyers, have done their best to anticipate every attack, nullification, forestallment tactic, etc, and they have briefs and arguments at the ready.

What would happen?

Substitute Apple, Microsoft, Amazon, Facebook, Twitter, Yahoo, Pinterest, or LinkedIn for Google and you get a scenario that's progressively less terrifying, but still pretty terrifying.

I don't expect this, not in the least, I'm not paranoid, I'm not even saying "it could happen". I'm just not sure how our system would handle it if it did.

Ed Mohrmann Supporting Member of TMP26 Feb 2016 9:02 a.m. PST

45thdiv, all 3 of my computers are 'previously owned'
and came with OS's installed and working.

So…

Sorry - only verified members can post on the forums.