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Most people don't read the terms of service, but they do read the marketing copy. If the marketing copy contradicts the terms of service, the contract should be
by dpatru 15y ago
Most people don't read the terms of service, but they do read the marketing copy. If the marketing copy contradicts the terms of service, the contract should be based on the marketing copy. The terms of service should not be a license to make false or misleading marketing claims.
- sigzero 15y agoNo, it should be what you agreed to regardless of whether you were too lazy to read it or not.
- pyre 15y agoAre you advocating false advertising? It's ok to mislead your customers, just so long as you cover yourself in the EULA?
- sorbus 15y agoIf the marketing copy said something like "if we screw up, you can sue us" while the TOS says "we can't be held liable if we screw up", then that might be relevant. However, I've never seen dropbox say anything like that in their advertising, so there doesn't seem to be any contradiction.