Re:Ask HN: Why have a "Terms and Conditions" on your site?
by micks56 on Sunday April 05, 2009 @10:34PM
(#548162)
That depends.
Can you prove the preferential TOS terms in place when you gave the data? If you don't have something in writing you will have a tough time in court of law. And when I say writing I mean you being able to go on the stand to say, "Yes we did have an agreement. Look at the TOS I printed off their site right here." A person doesn't need a signed piece of paper, although that does help. A person couldn't go on the stand to say, "So and so told me the terms of the site."
Can you prove you didn't agree to the modified terms? Using a site after terms modification can be construed as agreeing to the modified terms.
Can you prove the preferential TOS terms in place when you gave the data? If you don't have something in writing you will have a tough time in court of law. And when I say writing I mean you being able to go on the stand to say, "Yes we did have an agreement. Look at the TOS I printed off their site right here." A person doesn't need a signed piece of paper, although that does help. A person couldn't go on the stand to say, "So and so told me the terms of the site."
Can you prove you didn't agree to the modified terms? Using a site after terms modification can be construed as agreeing to the modified terms.