29 Matching Annotations
  1. May 2020
    1. this is the TOS that I signed via steam; I think it's out of date (2014). There's also https://altvr.com/terms-of-service/ (2017) which has a much less fun 'objectionable content' section. Booooo

    2. The revised terms and conditions shall apply to the use of our software from the date of publication of the revised terms and conditions on the software

      tricky -- might void the contract

    3. (e) contact any or all your internet service providers and request that they block your access to our software;

      this one is interesting; I wonder if there's a defamation claim here if they tattle to my ISP without proper evidence and I get my internet disconnected? (and then, say, miss a payment and lose my health insurance as a consequence)

    4. motion sickness in some people, regardless of the degree of hardware or software used. AltspaceVR will not be liable for the illness, injury, or death of any person or persons, including users of AltspaceVR, or from the damage or destruction of any work or properties, attributable to or resulting from the aforementioned software program

      motion sickness with destructive area effect?

      been there

    5. You understand

      I wonder what this means in practice? Is 'understand' a synonym for 'agree' in a contract? My 5 minutes of research didn't come up with anything useful.

      If 'understand' has its plain language meaning, this isn't an agreement by the consumer but rather a guarantee by the drafter.

      In practice I can't imagine this clause coming into conflict.

      Esp because there's no material breach here (it's not drafter promising to do something). At best you could make a fraud claim; but would be really hard to show that (1) this is false but (2) consumer didn't know it to be false.

    6. letter or spirit of this Statement

      it's a contract

      guessing 'letter' is the best they can do

      but they can already cut access for any or no reason probably per language above

    7. You will not send email invitations to non-users without their consent

      I have no idea what this means. Am I banned from using e-vite tools? Is this specific to altvr invitations? Bleh, seems over-broad as drafted

    8. pyramid scheme

      just for this I'm going to build a pyramid

    9. software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from AltspaceVR, as well as the design and appearance of our softwares

      software technology AND code music AND sound AND graphics AND pictures AND video AND all 'audio visual or other material' 'emanating to and/or from' a.k.a. all your base

    10. 5.2 You must not use data collected from our software to contact individuals, companies or other persons or entities.

      no meeting up IRL?

    11. (c) use our software to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

      just for this I'm naming my avatar after a keystroke logger

      is that 'linked to' enough? what does linked to mean?

    12. unlawful, illegal

      apparently there is a subtle difference between these words

      also fraud is illegal so I'm not sure why that's in there

    13. You may only use our software for your own personal purposes

      vague, struck

    14. 4.1 You may only view our software in our client.

      wtf? 'software' and 'client' are synonyms right?

    15. When using some beta software, you may accrue value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular software completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status

      translated into contractese: not only will we give you garbage stickers for your trouble helping us beta test, but we're not even promising to do that.

      keeping the optionality in the drafter's hands = less likely this is an enforceable contract

    16. You agree as a condition of participating in a Beta Test

      yeah I wonder if this is an attempt to create contractual consideration? 'as a condition of' almost sounds like 'in exchange for', but isn't the same.

      my guess is that a court would interpret this as me doing a favor for the company and them giving me nothing in return. this doc isn't a contract, dismissed with prejudice, plaintiff pays defendant's legal fees.

    17. Additionally, we ask that you respect our members by not contacting them for commercial purposes without their consent

      dupe text

    18. respect our members by not contacting them for commercial purposes without their consent

      hmm -- how would this work? isn't asking someone for consent to contact them for commercial purpose itself a contact for commercial purposes?

    19. complete transactions

      does the platform even allow transactions between users?

    20. breastfeeding

      once again, smart integration of case law

    21. We allow users to speak freely on matters and people of public interest

      this accidentally invalidates all their other speech rules, but is once again at least somewhat careful; they're trying to mirror case law on defamation so their policies are legit enforceable

    22. hard drug abuse

      once again, careful line -- crack bad, pot okay? whoever wrote these policies did so with the intent of being questioned about them. I approve of the level of care here.

    23. financial harm to others

      a birthday present results in financial harm to others. can I celebrate my birthday present, precious?

    24. You may not credibly threaten others, or organize acts of real-world violence. Organizations with a record of terrorist or violent criminal activity are not allowed to maintain a presence on our site

      this is carefully worded -- 'threat' can be speech, 'credible threat' is a crime. 'violent criminal activity' intentionally excludes military + police.

    25. You will not transfer your account to anyone.

      I think there's case law on restricting resale / transfer -- I'm not familiar with it

    26. You will not use your personal timeline primarily for your own commercial gain, and will use a AltspaceVR Page for such purposes

      'will not' -> 'will' makes this sentence confusing and probably wrong

      also does this mean no influencers? bleh

    27. You will not provide any false personal information

      'you've been completely honest about everything regardless of whether it matters' = tos stench

    28. “Role–playing” is not an excuse for violating any policy.

      I'd wear this t-shirt

    29. AltspaceVR users will provide their real names and information, and we need your help to keep it that way

      boo real name policy