ToS disclaimer to allow sharing of conversation... is it allowable?

[Maximillion Foehammer]

Alright, so let's take this from my point of view, in my profile I have: "So... My log is getting full of your IM and locals. So conversing with me consents to me to use those logs to my ability and/or discretion. Even if you do not read this, do not blame me. " I get into trouble at a local club because I used someone's (Person 1) private conversation with a friend of mine saying that Person 1 doesn't care for you as a worker, and she's your manager. Over time, Person 1 bans me from the club, on the grounds of violating ToS. Granted, LL will not care about a certain ban from a zone, but I am curious as to who is in the right. and if possible have the official definitive answer from Linden themselves.

[Rolig Loon]

We get this question at least once a month (search the archives....) and the answer is always the same.  The TOS is the TOS.  You can't decide that you are going to change it or declare that it doesn't apply to you.  The Community Standards, referenced in the TOS, say " Remotely monitoring conversations in Second Life, posting conversation logs, or sharing conversation logs without the participants' consent are all prohibited."  It doesn't say, "except when you decide that you can share them."

[Cinnamon Lohner]

You're not likely to get a definitive answer from any Lindens here since this is a resident supported forum.  However, this is an old topic on this board and the ultimate answer has always been that sharing a conversation without the consent of all parties on any Linden owned property (inworld or website) is against the TOS and your profile verbage is worthless.

--Cinn

[Peggy Paperdoll]

Your official definitive answer is right here:

http://secondlife.com/corporate/cs.php

 

Read and comprehend section 4 "Disclosure".  You should have already read that by now.  You also haven't done the least bit of searching for an answer to your question.  If you haven't done so, it would really help you out in your Second Life experience if you read the Terms of Service:

http://secondlife.com/corporate/tos.php#tos9

 

So your curiousity should be satisfied..........you are the one in the wrong.

 

 

[Maximillion Foehammer]

Which it is not satisfied, however, the ToS is quite clear on the consent, however when I post in my public profile that a person is consenting to such, that fulfills the requirement in my eyes to the CS. Which being said, fulfills the ToS.

[Cinnamon Lohner]

You can't consent for someone. They have to consent for themselves. Your precondition profile statement is worthless both in SL and in real life.

--Cinn

[Maximillion Foehammer]

Then, in the same vein it is to their discretion not to IM me, which then the discretion advises against.

[Cinnamon Lohner]

Nope doesn't work that way. But frankly it a mote point as far as I'm concerned as I would ban you from my lands just for having that statement in your profile. That way the people there don't have to be concerned about what you might do with their conversation. I would consider it the least I can do for the comfort of my visitors.

[Maximillion Foehammer]

And that's fine, and it's to your right you can do that.

[Innula Zenovka]

Let's look at it this way.   If I put in my profile, "by conversing with me you agree to pay me, on demand, the sum of L$5,000 if I feel like asking for it.  Even if you do not read this, do not blame me," do you think, if you and I had a chat, I would have any right to insist on my L$5K?

[Peggy Paperdoll]

Try putting a sign on the inside flap of your backpack which you leave unbuckled with a note on the oustide of the flap saying "Read the note on the inside of this flap". On the note you have taped to the inside you say "I have a fetish about peeking under girls skirts when they are in public places and I reserve the right to take pictures and, if I choose, I will post them on the Internet. You've been warned so make sure you wear panties."

 

I bet you go to jail if you post any pictures on the Internet and someone sees them and complains.

[Maximillion Foehammer]

First off, why am I wearing a backpack, and second of all, why would I want to do that? That's a little degrading to women.

[Lindal Kidd]

The definitive answer is in the Terms of Service.  Private conversations may not be shared without consent.

You are in the wrong.

[Dahlia Endsleigh]

Nope TOS always trumphs those crap disclaimers in peoples profiles, and I actually have one counteracting yours. You were in a direct violation of the TOS and the club owner acted in an appropriate manner. Word to the wise, don't copy and paste, you never know who the other person will tell...

[Baloo Uriza]

No, you are not a party to everyone else's agreement with Linden Lab regarding disclosure, and thus not able to change the terms as it applies to everyone else.  I'm curious whatever would make you think you can change the terms of someone else's contract.

[Maximillion Foehammer]

Still, They have the option of not talking to me, and the advise does not apply to them. It's quite simple.