In Germany at least (and thus maybe most of the EU?) no customer actually has to read any of it. Anything in a ToS/EULA that could be considered "surprising" is unenforceable and therefore void.
Of course that means the exact enforceable contents of every ToS ultimately boil down to case law but for customers this is a much better solution than "you may have accidentally sold your soul".
That's more or less true in America, too. Consumer contracts are generally subject to the "unconscionability" test: https://en.wikipedia.org/wiki/Unconscionability#United_State.... It's not the same as "surprising", but the sentiment is roughly the same.
The good news is that if you wait long enough, they'll incorporate terms from URIs that are dead. I can't tell you how many commercial contracts I review from the 2000's that are governed by 404 pages.
You took the path of reading EULA's carefully?! These documents are painfully lacking in clarity and sincerity. Content generators basically chump subscribers into clicking "I Agree".
Comments
Not a lawyer but used to read EULAs etc carefully.
At some point I gave in and decided a better approach would be to just point out that no sane consumer can read all that.
In Germany at least (and thus maybe most of the EU?) no customer actually has to read any of it. Anything in a ToS/EULA that could be considered "surprising" is unenforceable and therefore void.
Of course that means the exact enforceable contents of every ToS ultimately boil down to case law but for customers this is a much better solution than "you may have accidentally sold your soul".
That's more or less true in America, too. Consumer contracts are generally subject to the "unconscionability" test: https://en.wikipedia.org/wiki/Unconscionability#United_State.... It's not the same as "surprising", but the sentiment is roughly the same.
See also: https://en.wikipedia.org/wiki/Click_wrap
The good news is that if you wait long enough, they'll incorporate terms from URIs that are dead. I can't tell you how many commercial contracts I review from the 2000's that are governed by 404 pages.
You took the path of reading EULA's carefully?! These documents are painfully lacking in clarity and sincerity. Content generators basically chump subscribers into clicking "I Agree".