Post by sleet01 on Mar 6, 2017 20:08:40 GMT
I am concerned by these two passages of the new Terms of Service:
and:
So if they get hacked due to poor security (as has happened before) and start spreading viruses that infect my PC, steal my data, and leak my identity to Uruguayan hackers , the most I can get out of them is $50. But I have to agree that if I accidentally breach their rather vague TOS, based on one Mod's particular mood that day, they get whatever seems "appropriate" to them. Since my expected value from the stripped-down forums is approximately nil, this can only be a losing proposition for me, the consumer.
Anyone else feel similarly?
LIMITATION OF LIABILITY
PRIVATEER PROVIDES IT’S WEBSITES TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RELIABILITY, CORRECTNESS, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PRIVATEER DOES NOT WARRANT THAT OUR WEBSITES WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THESE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR VISITATION OF THESE WEBSITES OR THE USE OF MATERIAL CONTAINED ON THESE WEBSITES RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN PRIVATEER SHALL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, PRIVATEER SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THESE WEBSITES. YOUR USE OF THE WEBSITES IS AN IMPLICIT AGREEMENT TO ALL THE TERMS LISTED HEREIN AND A MATERIAL PORTION OF OUR AGREEMENT TO PROVIDE THESE WEBSITES TO YOU. IN THE EVENT THAT YOU MADE A PURCHASE FROM THESE WEBSITES PRIVATEER'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL NEVER EXCEED THE AMOUNT YOU PAID TO PRIVATEER. DESPITE WHATEVER CONTRACTS OR AGREEMENTS ARE WRITTEN TO THE CONTRARY BETWEEN YOU AND PRIVATEER THIS CLAUSE SHALL REMAIN CONTROLLING, OVERRIDING, AND IN EFFECT. In no event shall PRIVATEER's aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed FIFTY ($50.00) US DOLLARS.
PRIVATEER PROVIDES IT’S WEBSITES TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RELIABILITY, CORRECTNESS, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PRIVATEER DOES NOT WARRANT THAT OUR WEBSITES WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THESE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR VISITATION OF THESE WEBSITES OR THE USE OF MATERIAL CONTAINED ON THESE WEBSITES RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN PRIVATEER SHALL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, PRIVATEER SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THESE WEBSITES. YOUR USE OF THE WEBSITES IS AN IMPLICIT AGREEMENT TO ALL THE TERMS LISTED HEREIN AND A MATERIAL PORTION OF OUR AGREEMENT TO PROVIDE THESE WEBSITES TO YOU. IN THE EVENT THAT YOU MADE A PURCHASE FROM THESE WEBSITES PRIVATEER'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL NEVER EXCEED THE AMOUNT YOU PAID TO PRIVATEER. DESPITE WHATEVER CONTRACTS OR AGREEMENTS ARE WRITTEN TO THE CONTRARY BETWEEN YOU AND PRIVATEER THIS CLAUSE SHALL REMAIN CONTROLLING, OVERRIDING, AND IN EFFECT. In no event shall PRIVATEER's aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed FIFTY ($50.00) US DOLLARS.
and:
In the event that you breach this Agreement, you hereby agree that Privateer would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Privateer shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Privateer may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
So if they get hacked due to poor security (as has happened before) and start spreading viruses that infect my PC, steal my data, and leak my identity to Uruguayan hackers , the most I can get out of them is $50. But I have to agree that if I accidentally breach their rather vague TOS, based on one Mod's particular mood that day, they get whatever seems "appropriate" to them. Since my expected value from the stripped-down forums is approximately nil, this can only be a losing proposition for me, the consumer.
Anyone else feel similarly?
