[mythtv-users] SD Subscription Agreement Question
r-mythtv at thefreemanclan.net
Tue Aug 14 00:54:40 UTC 2007
> I'm assuming that doesn't mean licensing of personally identifiable
> information (name, address, e-mail address), etc. I guess I can't
> I'd ask. And would that section over-ride the terms in the privacy
> policy? Which takes precedence?
> ... if only I read _all_ the terms of agreements ;-)
Don't worry - 99% of these sorts of agreements aren't enforceable
against ordinary consumers anyway except to the extent that they are
common sense (in which case they'd probably be enforcible even if not
written down). Of course, I am not a lawyer, so if you truly care about
such matters you should talk to one.
That doesn't make agreements like this one without value or purpose -
just keep in mind that to the degree that it just doesn't make sense it
probably isn't enforcible anyway. I'm sure most states would toss the
venue restriction immediately if nothing else unless the dispute were
substantial, and most issues that would concern somebody enough to sue
would probably rise to a level that they'd be covered by some consumer
law that couldn't be overridden by a non-negotiated agreement like this
one. However, considering that most normal users wouldn't have a
dispute amounting to more than $15 and that the guys running the company
are decent I doubt anything in this agreement is going to get litigated
with ordinary users. The only people I could see getting into legal
battles would be for-profits trying to end-run the terms of the
agreement, and such disputes would probably be of such a size that the
more onerous clauses like venue would be taken seriously (I'm guessing a
court would be more stringent for a corporate user than for an
individual since the former would presumably have a lawyer peruse the
agreement if SD were core to their business, but the latter would not).
Again, I'm not a lawyer, but I have a fascination with such subjects.
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