|161 posts found|
12/03/09 8:18:31 AM#161
Originally posted by DrowNoble
Ok last chance here as apparently you don't understand it at all.
Sorry, but you are wrong again. If the game is made in Korea, the TOS will be worded to be under Korean Software Laws. When you click "I Agree" you are basically digitally signing a document saying you will be bound by the laws of Korea in relation to this virtiual contract. Will clearly state in the TOS where the document is legally bound to.
As I say, you can say what you like in a contract, that does NOT make it legally binding.
An example I gave was if it states "this document bound by the laws of <insert state name>" or whatever. So even if you live in Australia, that will not matter as you signed a contract agreeing to be bound by the rules set therein.
No. In Australia, certain things are statutory. Many countries have similar provisions in their laws (Some EU countries do). There are rights you CANNOT sign away. There are terms you CANNOT agree to.
When you sell / buy a product in Australia you are bound by the Australian Trade Practices Act.
Now if Australia somehow says that the TOS is null and void in the sovereignty of Australia, then the software can't be legally sold in Australia unless the TOS is changed to abide by Australian law. If it does this, it will clearly state in the text "bound by the laws of Australia" or whatever particular province.
Not at all. But any conditions that violate our laws are disregarded (such as 'no refunds')
Think about it... when a game is retailed in Europe (with many different countries all with slightly different rules) do you think a new ToS / EULA is written for each country? No. Some parts of the contract will be valid and the bits that aren't just aren't.
Even if you buy the game via digital download it still has a TOS you have to sign before you can download and/or install.
Different laws apply in that case. If you buy over the internet you are bound by the laws of the place you do business - however in some cases (scams) you can get some consumer protection depending on which countries are involved.
Even if you live outside the US, if you sign a contract most countries will still consider it legally binding. If they didn't then there would be no trade between countries, no contractors, no international sports, and any other numerous contracts that are done internationally.
The missing word is 'parts'. No contract is ever 100% legally binding in all situations.
Thanks for the info on the cases.
Nothing says irony like spelling ideot wrong.