[opensource-dev] Brown-bag meeting to continue dialog on TVPV

[Tateru Nino]

That clear statement is inadmissible by the terms of the TOS §13.3, I'm
afraid, which disclaims such as not being a valid part of the agreement.
No part of the agreement that is made admissible by §13.3 suggests or
implies any commencement date other than immediately.

Nor does it permit any explanation, FAQ, supplement, or discussion to be
considered relevant (except as provided, which none have been).
Boilerplate it may be, but it is binding boilerplate. It could say that
"This agreement grants you a lifetime supply of banana custard", but
that's not actually in there. It would be an assurance that is
disclaimed within the agreement. §10.3 absolves the Lab and its
representatives of charges of fraud if they say something about the
agreements that aren't strictly speaking true, in order to obtain agreement.

As a general rule for contracts and agreements (leaving aside the TPVP,
the TOS, and Linden Lab for a moment), it's widely considered remiss to
act based on inadmissible representations or explanations of a contract
from /the other party to the actual agreement/. That's the sort of thing
lawyers warn you not to do.


On 9/04/2010 3:32 PM, Joe Linden wrote:
> Of course you can.  The ToS presented at login clearly states it
> becomes effective on 4/30.  In the meantime, you continue to use the
> service under the terms of the prior ToS which doesn't contain the TPV
> provisions.  If one has issues with the prior ToS agreement, and
> hasn't previously accepted those terms, then I agree, this meeting
> isn't for you.
>
> -- joe
>
> On Thu, Apr 8, 2010 at 7:32 PM, Boy Lane <boy.lane at yahoo.com
> <mailto:boy.lane at yahoo.com>> wrote:
>
>     Thanks Joe.
>
>     Unfortunately one can not attend without going inworld and accepting
>     ToS/TPV in the first place.
>
>
>         ----- Original Message ----- Date: Thu, 8 Apr 2010 13:24:57 -0700
>         From: Joe Linden <joe at lindenlab.com <mailto:joe at lindenlab.com>>
>         Subject: [opensource-dev] Brown-bag meeting to continue dialog
>         on TVPV
>         next Tuesday (4/13)
>         To: OpenSource-Dev <opensource-dev at lists.secondlife.com
>         <mailto:opensource-dev at lists.secondlife.com>>
>         Message-ID:
>         <v2k6b9495c41004081324ibd5ec762zb8d098a09c7f010f at mail.gmail.com <mailto:v2k6b9495c41004081324ibd5ec762zb8d098a09c7f010f at mail.gmail.com>>
>         Content-Type: text/plain; charset="iso-8859-1"
>
>         Hello, all.  I've been reading the ongoing commentary here, on
>         various
>         blogs, irc, and in-world groups about the recently introduced
>         Third Party
>         Viewer Policy and Directory and I'd like to host an "office
>         hour" or
>         informal brown bag to make the conversation a little more
>         synchronous for
>         those who are interested.  I plan to hold three of these over
>         the next
>         couple of weeks, at times that might be friendlier for some
>         than others, but
>         the first one will happen next Tuesday, 4/13 at noon PDT.  I'd
>         like to
>         address questions about the intent of the policy, how we will
>         be using the
>         Directory going forward, and see if I can gather the specific
>         concerns that
>         have been raised by the community over the past several weeks.
>          It'll be an
>         informal Q&A session, held in voice, at this location:
>
>         http://maps.secondlife.com/secondlife/Linden%20Estate%20Services/229/230/29
>
>         No RSVP needed, and feel free to rebroadcast the invite to
>         others you think
>         would benefit from open dialog around the subject.
>
>         I hope to see many of you there next week.
>
>         -- Joe
>
>
>
>
>
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-- 
Tateru Nino
http://dwellonit.taterunino.net/

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