The underlying thing that is broken here is TOS's in general.
They are obviously not being read and they actually rely on not being read. There is no cost in putting something in your TOS unless makes headlines. It reminds me of medieval merchants buying prayers. The Southpark episode on iTunes tTOS is the only correct response to this ridiculous situation.
In practice, this is not a reasonable way of making an agreement between users & sites.
Which is why in Germany there's been a law since 1977 that declares any part of a TOS void if it's surprising and could not have been anticipated by an end user, given the context.
Comments
The underlying thing that is broken here is TOS's in general.
They are obviously not being read and they actually rely on not being read. There is no cost in putting something in your TOS unless makes headlines. It reminds me of medieval merchants buying prayers. The Southpark episode on iTunes tTOS is the only correct response to this ridiculous situation.
In practice, this is not a reasonable way of making an agreement between users & sites.
Which is why in Germany there's been a law since 1977 that declares any part of a TOS void if it's surprising and could not have been anticipated by an end user, given the context.