imported from 2472
https://groups.google.com/forum/#!msg/tosdr/CsWZAh5xP2k/BtUaTV2B1rcJ Some notes on Etsy's Terms of service, since I may have to sign up to place
Bad: ToS are deemed to apply if you do nothing more than read the site. "By
using the Site in any manner, including but not limited to visiting or
browsing the Site, you (the "user" or "you") agree to be bound by this
Bad: Can revoke access at any time for any reason: "Etsy may, in its sole
discretion, refuse to offer access to or use of the Site to any person or
entity and change its eligibility criteria at any time." "Etsy reserves the
right to refuse service to anyone, for any reason, at any time."
Mixed: Broad and irrevocable, but not outrageously broad, claim of rights:
"You grant Etsy a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable (through multiple tiers) right to exercise the
copyright, publicity, and database rights (but no other rights) you have in
the Content, in any media now known or not currently known, with respect to
Good: Spam prohibition: "Without obtaining prior permission from the other
user, this personal information shall only be used for that transaction or
for Etsy-related communications. Etsy has not granted you a license to use
the information for unsolicited commercial messages."
Bad: All disputes must be settled by arbitration in New York: "Any dispute
arising from or relating to the subject matter of this Agreement shall be
finally settled by arbitration in New York County, New York, using the
English language in accordance with the Arbitration Rules and Procedures of
Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in
Mixed: Etsy doesn't have to involve itself in customer-vendor disputes, but
may at user request: "Should you have a dispute with one or more users, or
an outside party, you release Etsy (and Etsy's officers, directors, agents,
subsidiaries, joint ventures and employees) from any and all claims,
demands and damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes." "Etsy, for the
benefit of users, may try to help users resolve disputes."
Bad: Etsy disclaims liability for damages of all kinds: "IN NO EVENT SHALL
ETSY, AND (AS APPLICABLE) ETSY'S SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES OR ETSY'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER
DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR
INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE
IN CONNECTION WITH THE USE OF THE SITE, ETSY'S SERVICES, OR THIS AGREEMENT,
INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL
DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES."
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