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niko001 / Niklaus or whatever. This is extremely shady. You've copy pasted your whole terms and conditions from this page : https://buffer.com/terms https://bu

by esya 8y ago

niko001 / Niklaus or whatever. This is extremely shady. You've copy pasted your whole terms and conditions from this page : https://buffer.com/terms https://buffer.com/terms VS: https://gdpr-shield.io/terms https://gdpr-shield.io/terms - Saved here https://web.archive.org/web/20180504020320/https://gdpr-shield.io/terms https://web.archive.org/web/20180504020320/https://gdpr-shie... for good measure Which is illegal to begin with. You even forgot to replace the part that explains what the service does and left the part that says that gdpr shield "provides a social media management tool". You're selling something that just basically does a geoip lookup, and then tries to block people from an entire continent, with pure JS, which can be easily avoided, by the way. I'm shooting buffer an email to let them know you're infringing on their legal material.

detuur 8y ago
So you're saying that a service which targets businesses who are trying to avoid a piece of legislation that is shaping up to become a worldwide industry standard turns out to be shady and doesn't respect the law? Well I never.
nostrademons 8y ago
Copying legal documents isn't illegal, and in fact many lawyers will just run a search & replace on an existing client's T&C to generate a new T&C. This is also how T&C generator websites work. It's actually recommended, as then you have standardized language that is all well-defined in the eyes of the courts.
- AliAdams 8y ago
  You are going to have to do a better job of backing that claim up. It certainly seems to be an obvious breach of intellectual property law at the very least. Citing that some lawyers do this does not automatically make it legal.
  - nostrademons 8y ago
    My initial claim is perhaps a bit too strong. Case law is basically that the unique portions of a T&C or other contract are protected by copyright law, but boilerplate terms that have appeared in lots of different firms' documents are considered public domain. http://pub.bna.com/ptcj/1051462Jan11.pdf http://pub.bna.com/ptcj/1051462Jan11.pdf GDPR-shield's original T&C was actually copied from ShareKit, which is another product from the same company: https://www.sharekit.io/terms https://www.sharekit.io/terms But going paragraph by paragraph down the terms, you get this list of companies, all with the same language: https://www.google.com/search?q=%22Except+for+certain+kinds+of+disputes+described+in+Section+17%2C+you+agree+that+disputes+arising+under+these+Terms+will+be+resolved+by+binding%2C+individual+arbitration%2C+and+BY+ACCEPTING+THESE+TERMS%2C+YOU+AND+SHAREKIT+ARE+EACH+WAIVING+THE+RIGHT+TO+A+TRIAL+BY+JURY+OR+TO+PARTICIPATE+IN+ANY+CLASS+ACTION+OR+REPRESENTATIVE+PROCEEDING.+YOU+AGREE+TO+GIVE+UP+YOUR+RIGHT+TO+GO+TO+COURT+to+assert+or+defend+your+rights+under+this+contract+(except+for+matters+that+may+be+taken+to+small+claims+court).+Your+rights+will+be+determined+by+a+NEUTRAL+ARBITRATOR+and+NOT+a+judge+or+jury.+(See+Section+16).%22&oq=%22Except+for+certain+kinds+of+disputes+described+in+Section+17%2C+you+agree+that+disputes+arising+under+these+Terms+will+be+resolved+by+binding%2C+individual+arbitration%2C+and+BY+ACCEPTING+THESE+TERMS%2C+YOU+AND+SHAREKIT+ARE+EACH+WAIVING+THE+RIGHT+TO+A+TRIAL+BY+JURY+OR+TO+PARTICIPATE+IN+ANY+CLASS+ACTION+OR+REPRESENTATIVE+PROCEEDING.+YOU+AGREE+TO+GIVE+UP+YOUR+RIGHT+TO+GO+TO+COURT+to+assert+or+defend+your+rights+under+this+contract+(except+for+matters+that+may+be+taken+to+small+claims+court).+Your+rights+will+be+determined+by+a+NEUTRAL+ARBITRATOR+and+NOT+a+judge+or+jury.+(See+Section+16).%22 https://www.google.com/search?q=%22Except+for+certain+kinds+... https://www.google.com/search?q=%22You+must+be+at+least+%5B18%5D+years+old+to+use+the+Service.+By+agreeing+to+these+Terms%2C+you+represent+and+warrant+to+us+that%3A+%28a%29+you+are+at+least+%5B18%5D+years+old%3B+%28b%29+you+have+not+previously+been+suspended+or+removed+from+the+Service%3B+and+%28c%29+your+registration+and+your+use+of+the+Service+is+in+compliance+with+any+and+all+applicable+laws+and+regulations.%22&oq=%22You+must+be+at+least+%5B18%5D+years+old+to+use+the+Service.+By+agreeing+to+these+Terms%2C+you+represent+and+warrant+to+us+that%3A+%28a%29+you+are+at+least+%5B18%5D+years+old%3B+%28b%29+you+have+not+previously+been+suspended+or+removed+from+the+Service%3B+and+%28c%29+your+registration+and+your+use+of+the+Service+is+in+compliance+with+any+and+all+applicable+laws+and+regulations.%22 https://www.google.com/search?q=%22You+must+be+at+least+%5B1... https://www.google.com/search?q=%22To+access+most+features+of+the+Service%2C+you+must+register+for+an+account.+When+you+register+for+an+account%2C+you+may+be+required+to+provide+us+with+some+information+about+yourself%2C+such+as+your+name%2C+email+address%2C+or+other+contact+information.+You+agree+that+the+information+you+provide+to+us+is+accurate+and+that+you+will+keep+it+accurate+and+up-to-date+at+all+times.%22&oq=%22To+access+most+features+of+the+Service%2C+you+must+register+for+an+account.+When+you+register+for+an+account%2C+you+may+be+required+to+provide+us+with+some+information+about+yourself%2C+such+as+your+name%2C+email+address%2C+or+other+contact+information.+You+agree+that+the+information+you+provide+to+us+is+accurate+and+that+you+will+keep+it+accurate+and+up-to-date+at+all+times.%22 https://www.google.com/search?q=%22To+access+most+features+o... https://www.google.com/search?q=%22The+Service+will+require+you+to+pay+monthly+fees.+Before+you+pay+any+fees,+you+will+have+an+opportunity+to+review+and+accept+the+fees+that+you+will+be+charged.+All+fees+are+in+U.S.+Dollars+and+are+non-refundable.+Fees+vary+based+on+the+plan,+with+different+pricing+schemes+for+individual+users+and+organizations.%22&filter=0&biw=1268&bih=723 https://www.google.com/search?q=%22The+Service+will+require+... https://www.google.com/search?q=%22may+seek+pre-authorization+of+your+credit+card+account+prior+to+your+purchase+to+verify+that+the+credit+card+is+valid+and+has+the+necessary+funds+or+credit+available+to+cover+your+purchase.%22&oq=%22may+seek+pre-authorization+of+your+credit+card+account+prior+to+your+purchase+to+verify+that+the+credit+card+is+valid+and+has+the+necessary+funds+or+credit+available+to+cover+your+purchase.%22 https://www.google.com/search?q=%22may+seek+pre-authorizatio... https://www.google.com/search?q=%22The+Service+may+include+automatically+recurring+payments+for+periodic+charges%22 https://www.google.com/search?q=%22The+Service+may+include+a... https://www.google.com/search?q=%22may%20suspend%20or%20terminate%20access%20to%20the%20Service%20for%20any%20account%20for%20which%20any%20amount%20is%20due%20but%20unpaid.%22 https://www.google.com/search?q=%22may%20suspend%20or%20term... That's only through section 4, but so far every clause is legal boilerplate except for the first paragraph of section 4, which is unique to ShareKit (and ThreadRadar, another product by the same entrepreneur).

by esya 8y ago

detuur 8y ago

So you're saying that a service which targets businesses who are trying to avoid a piece of legislation that is shaping up to become a worldwide industry standard turns out to be shady and doesn't respect the law? Well I never.

nostrademons 8y ago

Copying legal documents isn't illegal, and in fact many lawyers will just run a search & replace on an existing client's T&C to generate a new T&C. This is also how T&C generator websites work. It's actually recommended, as then you have standardized language that is all well-defined in the eyes of the courts.

AliAdams 8y ago
You are going to have to do a better job of backing that claim up. It certainly seems to be an obvious breach of intellectual property law at the very least. Citing that some lawyers do this does not automatically make it legal.
- nostrademons 8y ago
  My initial claim is perhaps a bit too strong. Case law is basically that the unique portions of a T&C or other contract are protected by copyright law, but boilerplate terms that have appeared in lots of different firms' documents are considered public domain. http://pub.bna.com/ptcj/1051462Jan11.pdf http://pub.bna.com/ptcj/1051462Jan11.pdf GDPR-shield's original T&C was actually copied from ShareKit, which is another product from the same company: https://www.sharekit.io/terms https://www.sharekit.io/terms But going paragraph by paragraph down the terms, you get this list of companies, all with the same language: https://www.google.com/search?q=%22Except+for+certain+kinds+of+disputes+described+in+Section+17%2C+you+agree+that+disputes+arising+under+these+Terms+will+be+resolved+by+binding%2C+individual+arbitration%2C+and+BY+ACCEPTING+THESE+TERMS%2C+YOU+AND+SHAREKIT+ARE+EACH+WAIVING+THE+RIGHT+TO+A+TRIAL+BY+JURY+OR+TO+PARTICIPATE+IN+ANY+CLASS+ACTION+OR+REPRESENTATIVE+PROCEEDING.+YOU+AGREE+TO+GIVE+UP+YOUR+RIGHT+TO+GO+TO+COURT+to+assert+or+defend+your+rights+under+this+contract+(except+for+matters+that+may+be+taken+to+small+claims+court).+Your+rights+will+be+determined+by+a+NEUTRAL+ARBITRATOR+and+NOT+a+judge+or+jury.+(See+Section+16).%22&oq=%22Except+for+certain+kinds+of+disputes+described+in+Section+17%2C+you+agree+that+disputes+arising+under+these+Terms+will+be+resolved+by+binding%2C+individual+arbitration%2C+and+BY+ACCEPTING+THESE+TERMS%2C+YOU+AND+SHAREKIT+ARE+EACH+WAIVING+THE+RIGHT+TO+A+TRIAL+BY+JURY+OR+TO+PARTICIPATE+IN+ANY+CLASS+ACTION+OR+REPRESENTATIVE+PROCEEDING.+YOU+AGREE+TO+GIVE+UP+YOUR+RIGHT+TO+GO+TO+COURT+to+assert+or+defend+your+rights+under+this+contract+(except+for+matters+that+may+be+taken+to+small+claims+court).+Your+rights+will+be+determined+by+a+NEUTRAL+ARBITRATOR+and+NOT+a+judge+or+jury.+(See+Section+16).%22 https://www.google.com/search?q=%22Except+for+certain+kinds+... https://www.google.com/search?q=%22You+must+be+at+least+%5B18%5D+years+old+to+use+the+Service.+By+agreeing+to+these+Terms%2C+you+represent+and+warrant+to+us+that%3A+%28a%29+you+are+at+least+%5B18%5D+years+old%3B+%28b%29+you+have+not+previously+been+suspended+or+removed+from+the+Service%3B+and+%28c%29+your+registration+and+your+use+of+the+Service+is+in+compliance+with+any+and+all+applicable+laws+and+regulations.%22&oq=%22You+must+be+at+least+%5B18%5D+years+old+to+use+the+Service.+By+agreeing+to+these+Terms%2C+you+represent+and+warrant+to+us+that%3A+%28a%29+you+are+at+least+%5B18%5D+years+old%3B+%28b%29+you+have+not+previously+been+suspended+or+removed+from+the+Service%3B+and+%28c%29+your+registration+and+your+use+of+the+Service+is+in+compliance+with+any+and+all+applicable+laws+and+regulations.%22 https://www.google.com/search?q=%22You+must+be+at+least+%5B1... https://www.google.com/search?q=%22To+access+most+features+of+the+Service%2C+you+must+register+for+an+account.+When+you+register+for+an+account%2C+you+may+be+required+to+provide+us+with+some+information+about+yourself%2C+such+as+your+name%2C+email+address%2C+or+other+contact+information.+You+agree+that+the+information+you+provide+to+us+is+accurate+and+that+you+will+keep+it+accurate+and+up-to-date+at+all+times.%22&oq=%22To+access+most+features+of+the+Service%2C+you+must+register+for+an+account.+When+you+register+for+an+account%2C+you+may+be+required+to+provide+us+with+some+information+about+yourself%2C+such+as+your+name%2C+email+address%2C+or+other+contact+information.+You+agree+that+the+information+you+provide+to+us+is+accurate+and+that+you+will+keep+it+accurate+and+up-to-date+at+all+times.%22 https://www.google.com/search?q=%22To+access+most+features+o... https://www.google.com/search?q=%22The+Service+will+require+you+to+pay+monthly+fees.+Before+you+pay+any+fees,+you+will+have+an+opportunity+to+review+and+accept+the+fees+that+you+will+be+charged.+All+fees+are+in+U.S.+Dollars+and+are+non-refundable.+Fees+vary+based+on+the+plan,+with+different+pricing+schemes+for+individual+users+and+organizations.%22&filter=0&biw=1268&bih=723 https://www.google.com/search?q=%22The+Service+will+require+... https://www.google.com/search?q=%22may+seek+pre-authorization+of+your+credit+card+account+prior+to+your+purchase+to+verify+that+the+credit+card+is+valid+and+has+the+necessary+funds+or+credit+available+to+cover+your+purchase.%22&oq=%22may+seek+pre-authorization+of+your+credit+card+account+prior+to+your+purchase+to+verify+that+the+credit+card+is+valid+and+has+the+necessary+funds+or+credit+available+to+cover+your+purchase.%22 https://www.google.com/search?q=%22may+seek+pre-authorizatio... https://www.google.com/search?q=%22The+Service+may+include+automatically+recurring+payments+for+periodic+charges%22 https://www.google.com/search?q=%22The+Service+may+include+a... https://www.google.com/search?q=%22may%20suspend%20or%20terminate%20access%20to%20the%20Service%20for%20any%20account%20for%20which%20any%20amount%20is%20due%20but%20unpaid.%22 https://www.google.com/search?q=%22may%20suspend%20or%20term... That's only through section 4, but so far every clause is legal boilerplate except for the first paragraph of section 4, which is unique to ShareKit (and ThreadRadar, another product by the same entrepreneur).