The Mudcat Café TM
Thread #92090   Message #1756957
Posted By: Richard Bridge
10-Jun-06 - 05:42 PM
Thread Name: MySpace policies - ?
Subject: RE: MySpace policies - ?
Countess Richard has part of the puzzle above.

The next bit to look at is the definition of "Services" - "and any other features, content, or applications offered from time to time by MySpace.com in connection with the Website (collectively, the "Services")."

So although the licence a user gives to Rupie the Swagman is non-exclusive - it can be for ANYTHING AT ALL that Rupie decides to do with its website. IE Bragg is wholly right.

And it gets worse. "MySpace.com may modify this Agreement from time to time and such modification shall be effective upon posting by MySpace.com on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes"

So if Rupie posts a retrospective change to the terms, to validate anything he did in the past that he was not allowed to do, when you next use the website you agree to that retrospective change.



It doesn't suprrise me. Not one little bit. For UK "consumers" however the Unfair Terms in consumer contracts regulations might offer some help.

However, just to help Rupie stitch users up further, look what you have to do if there is a dispute: -

"Disputes. If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of California without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Los Angeles. Either MySpace.com or you may demand that any dispute between MySpace.com and you arising out of this Agreement must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California."


Wonder whose side they'd be on then.......