In a way it doesn't always matter whether you have agreed to the terms of service. There are a lot of different types of contracts that are non-enforceable but here is a good example that would have bearing if a case like this went to court.
"If you look at many online terms of service, they reserve the right to change the terms at any time. Some force you to re-agree to the terms -- but others don't. In the past, courts have ruled that if someone didn't agree to the changed terms, the
new terms could be found to be unenforceable, but a recent decision has gone much further, effectively saying that the entire terms of service are void if they claim they can be changed at any time. Sent in by Blake, the ruling said that
Blockbuster's online terms of service were "illusory" and unenforceable because it included a clause saying it could change the terms at any time. So, even though the term it was trying to enforce
was in the terms that the person agreed to, the court found the entire terms unenforceable. This is quite a ruling that could have a pretty major impact on any online service that has terms that insist they can change at any time. While it's just a district court ruling and may be reversed on appeal, it's something anyone running an online service should pay attention to."
Court Rejects Online Terms Of Service That Reserve The Right To Change At Any Time | Techdirt Quote:
Originally Posted by sswilson  I'm not sure about it not standing up in a court of law, you've agreed to the conditions when you used the service. Pretty much any online service you post publically to has the same "once you put it up it's the property of the site" rule, it's just that this is the first time it's been so conspicuously monetized. |