IM Sharing Disclaimers, are they valid? Is there any way to make one valid?

[Angelique LaFollette]

IMO, and with a working Knowledge and experience of contract law;

These disclaimers are always in the persons profile (I have yet to encounter ANY individual beginning every instance of a private conversation with "I reserve the right to share my Private conversation with third parties, procede at your own risk").

It is NOT in any way mandatory to read a profile before opening any dialogue with the person.

Disclaimers from a legal standpoint cannot indemnify the disclaimer against legal liability over willful acts, Illegal acts or neglegence, they can ONLY be enforcable if the circumstance is beyond the disclaimers REASONABLE control.

so:

First: The person using the disclaimer has no proof what-so-ever that the complaintant was in any way aware of the Disclaimer

Second: They are attempting to exempt themselves from liability for a willful act.

Third: What the people employing the disclaimer seek to do (Sharing private conversations without the EXPRESS consent of the other party) is prohibited by the TOS, a Contract they Themselves MUST enter into before being allowed to enter SL. In effect, circumventing, or setting themselves up as being above the TOS. If one accepted this as reasonable one would also have to accept as reasonable a disclaimer in someones profile stating; "I routinely use excessive profanity and denegrating racial slurs in general conversation, anyone not wishing to hear such talk MUST mute me before any conversation can take place, any failure to do so is taken as tacit consent to tolerate such conversation". Anyone attempting to defend themselves with THAT disclaimer would soon find themselves banned from SL.

Reasonably, the disclaimer SHOULD NOT be any protection against complaint by the other party.

 

Angel.

 

[Layla Taov]

Hi, Do you happen to know where in the TOS it says you can share logs outside of SL such as posting to a website  and it being ok with TOS?

[Griffin Ceawlin]

It doesn't. But LL can't control the entire interwebz, now can it?

[PeterCanessa Oh]

:-((( Did you really have to necro-post so we have two live threads on this dead subject?

http://community.secondlife.com/t5/General-Discussion-Forum/Chat-Log-Disclaimers-Any-official-statement/m-p/1089739/message-uid/1089739#U1089739

[Demeter Silverfall]

I realize this is something of a necro-bump (2 years!) but I found this thread extremely useful, particularly the discussion of why a disclaimer doesn't work. For anyone interested, this is what I've put in my picks to explain to others why those disclaimers are invalid:

Why Your IM Disclaimer Is Invalid

IM disclaimers are NOT valid. A disclaimer can only exist where there is a contract between two parties, such as a warranty which may disclaim responsibility for damage incurred due to mis- use (manufacturer and purchaser) or terms of service (user and service provider). I agreed to the ToS when I clicked "I Accept", but that did not involve you; it established a contract between me and LL. You are in no way party to that contract. Your contract, when you agreed to the ToS, is between you and LL. Therefore, you cannot disclaim any part of *my* contract, and I can and will report you for violation of the terms of service. You must have my express consent, meaning you must actively ASK me and I must actively AGREE. Only YES means YES; anything else means NO. Including silence.

http://community.secondlife.com/t5/General-Discussion-Forum/IM-Sharing-Disclaimers-are-they-valid-Is-there-any-way-to-make/td-p/995829/page/4

[Perrie Juran]

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Demeter Silverfall wrote:

I realize this is something of a necro-bump (2 years!) but I found this thread extremely useful, particularly the discussion of why a disclaimer doesn't work. For anyone interested, this is what I've put in my picks to explain to others why those disclaimers are invalid:

Why Your IM Disclaimer Is Invalid

IM disclaimers are NOT valid. A disclaimer can only exist where there is a contract between two parties, such as a warranty which may disclaim responsibility for damage incurred due to mis- use (manufacturer and purchaser) or terms of service (user and service provider). I agreed to the ToS when I clicked "I Accept", but that did not involve you; it established a contract between me and LL. You are in no way party to that contract. Your contract, when you agreed to the ToS, is between you and LL. Therefore, you cannot disclaim any part of *my* contract, and I can and will report you for violation of the terms of service. You must have my express consent, meaning you must actively ASK me and I must actively AGREE. Only YES means YES; anything else means NO. Including silence.

 

http://community.secondlife.com/t5/General-Discussion-Forum/IM-Sharing-Disclaimers-are-they-valid-Is-there-any-way-to-make/td-p/995829/page/4

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You know, TOS Disclaimers are so lame I really don't get why any one would even bother with them.  Especiallly to the tune of bringing up three threads on the topic at once.  Lame, lame, lame.

[Dillon Levenque]

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Perrie Juran wrote:

 

You know, TOS Disclaimers are so lame I really don't get why any one would even bother with them.  Especiallly to the tune of bringing up three threads on the topic at once.  Lame, lame, lame.

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LOL. I got to this one last, probably same as you. Yes, three necros on the same subject is a bit much. Not disputing his message—it seems to the point and correct—but I sure wouldn't bother putting it in my profile since it's so much easier to just not worry about it.

"Lame, lame, lame" made this just jump up and wave at me. Aretha can not be denied.

 

[Perrie Juran]

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Dillon Levenque wrote:

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Perrie Juran wrote:

 

You know, TOS Disclaimers are so lame I really don't get why any one would even bother with them.  Especiallly to the tune of bringing up three threads on the topic at once.  Lame, lame, lame.

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LOL. I got to this one last, probably same as you. Yes, three necros on the same subject is a bit much. Not disputing his message—it seems to the point and correct—but I sure wouldn't bother putting it in my profile since it's so much easier to just not worry about it.

"Lame, lame, lame" made this just jump up and wave at me. Aretha can not be denied.

 

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Love it!

Aretha is the Queen!