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A TOS isn't a magic legal document you can fill with whatever you want. It might be in the USA, but in Europe any out of the ordinary clauses are regularly laug
by revelation 12y ago
A TOS isn't a magic legal document you can fill with whatever you want. It might be in the USA, but in Europe any out of the ordinary clauses are regularly laughed out of court.
- lutusp 12y agoThe U.S. has a similar system. Many contracts contain what lawyers call "unconscionable" clauses or conditions, meaning if the signer actually understood the contract, he wouldn't have entered into it. Such contracts are probably laughed out of court as often here as in Europe.
- aidenn0 12y agoMany of them are unenforceable in the USA too. For contracts that are not negotiable (like EULA or TOS), and which one side has a lot more legal expertise than the other (e.g. corporation vs. random citizen), the restrictions on what is enforceable are significant. Two corporations that sit down and hash out a mutual contract have much less restrictions though.