View Full Version : Heavy
Alright dive dudes.
I've filched a Terms of Service from a really cool US-based forum called The Deco Stop (I've also sent them an email asking permission / approval for the said filching and I really hope they don't tell me to feck off :o ).
But these terms seem to cover all the important stuff about content, copyright, trolling, bad behaviour, and the hopefully really unlikely scenario of some dickhead reading a post by lizardland and subsequently drowning himself in dorothea with a homemade rebreather made of a hoover and some inner tubes strapped to his back.
Please check it out here: www.congeralley.com/CA_TOS.htm (http://www.congeralley.com/CA_TOS.htm)
Thanks.
and the hopefully really unlikely scenario of some dickhead reading a post by lizardland and subsequently drowning himself in dorothea with a homemade rebreather made of a hoover and some inner tubes strapped to his back.
Damn, off to take the bits back to B&Q tomorrow - the truths always funnier than fiction :D
f) Conger Alley forums may contain profanity. This may be an understatement.
:D
Do we have to read that sh1t?
and how do you know of anyone is under 16? most pre-16's say their 16 anyway.
how does Scots Law confirm to me? will you reposes the properties I still own in Scotland?
Sorry Gordon, I know you have to cover your ass, but this is a bit too far.
Whats next, we go all "PC", and change the background colour to fawn, add turbans to the smilies, stop looking at fish because it might hurt their feelings and infringe their privacy?
dive granny
22-11-07, 23:32
Do we have to read that sh1t?
and how do you know of anyone is under 16? most pre-16's say their 16 anyway.
how does Scots Law confirm to me? will you reposes the properties I still own in Scotland?
Sorry Gordon, I know you have to cover your ass, but this is a bit too far.
Whats next, we go all "PC", and change the background colour to fawn, add turbans to the smilies, stop looking at fish because it might hurt their feelings and infringe their privacy?
I'm with you T2T. I'm not a fan of political correctness!!
Do you want fries with that? :rolleyes:
Sorry T2T and DG I have to disagree with you there.
There are countless "sign up things" on the web that require you to "Accept Terms and Conditions" no-one actually reads them. They are just there to protect someone’s a$$ (in this case a guy a lot of you have dived with) from malicious legal cr@p. Nobody is expecting you to abide to the letter of the law (see posts above, profanity is allowed!) the site isn't going to change, keep going as you where. :mad:
Chill and enjoy....
dive granny
23-11-07, 00:49
As a DG it is a sign of the times I don't like. Though I can understand the need for it. It just seems everything these days makes allowances for evey possible eventuality:( Still I will chill and enjoy it like I always do:)
Lizardland
23-11-07, 16:03
Have you checked what legal clout the TOS have? I thought liability couldn't be signed away under UK law?
and the hopefully really unlikely scenario of some dickhead reading a post by lizardland and subsequently drowning himself in dorothea with a homemade rebreather made of a hoover and some inner tubes strapped to his back.
Are you suggesting that my posts are irresponsible? I had started off writing a hilarious response but I'm not entirely sure I'm comfortable with the implication of that. I'd be more concerned with reports of 40m+ dives on air, deep/deco dives on singles, etc. which are more run of the mill but a hell of a lot riskier for people emulating than any of my diving.
Whats next, we go all "PC", and change the background colour to fawn, add turbans to the smilies, stop looking at fish because it might hurt their feelings and infringe their privacy?
:D
Are you suggesting that my posts are irresponsible?
Of course not. I was just making a joke about your homemade rebreather. Sorry if it was ill-judged.
The main point of having a ToS like the Deco Stop's is just to emphasise certain things, including:
- don't dive if you're not trained;
- don't think that you can do all the stuff that some experienced folk on here can do; you may need a lot of training and experience that you currently don't have;
- lots of hte content on here is user-generated. You need to take responsibility for what you post (e.g. if you're going to potentially libel someone etc). Be aware that there is a small - but existant nontheless - possibility that if you defame someone or pinch their intellectual property, they might take legal action.
It's just common sense really.
Sandy - I hear what you say about political correctness. I'm with you on that. But this isn't about political correctness. This is about stopping people from hurting themselves and others.
I only did it to make the site a better place. In the long run, I think that it will.
how does Scots Law confirm to me? will you reposes the properties I still own in Scotland?
It means the jurisdiction for any disputes in connection with anything on this forum is Scotland. The court will be in Scotland and the law applied will be Scots law.
Have you checked what legal clout the TOS have? I thought liability couldn't be signed away under UK law?
Under the unfair contract terms act, liability for death or personal injury by negligence cannot be excluded, e.g. sign one of those waiver things dive companies get you to then they run over you with the boat.
The same does not (I think) extend to people chatting on a forum.
In this litigous society we live in, disclaimers are the name of the game and I think Gordon is right to do this.
Please note that I am not giving legal advice and owe no duty of care to any party in respect of this post or any other post I make in the future and my advice should not be relied or founded upon.;)
Lizardland
23-11-07, 18:35
Of course not. I was just making a joke about your homemade rebreather. Sorry if it was ill-judged.
No problem, I was having a particularly argumentative day at work which according to the TOS I would probably have been banned for on a number of points if it had happened here, not least of which was advocating some highly dangerous behaviour involving a brick sample and some scouse gobsh***'s ring :D
I've no worries about the TOS being introduced. No-one ever reads them when they sign up and if it gives you some protection as site owner then fine by me.
f) Conger Alley forums may contain profanity. This may be an understatement.
No problem, I was having a particularly argumentative day at work which according to the TOS I would probably have been banned for on a number of points if it had happened here, not least of which was advocating some highly dangerous behaviour involving a brick sample and some scouse gobsh***'s ring :D
These asterisks are depriving me of the profanity which I signed up for. I don't feel I am getting my monies worth - not that I've paid any money, but nevertheless..........
P prefer these TOC.
http://webcommunities.hse.gov.uk/inovem/inovem.ti/system/text?page=detailedterms&viewmode=popup
:eek:
MadMajor:
I don't see a problem with the disclaimer, not that it's really necessary to be honest. There is not a chance that a court would hold the operator of an internet forum liable for an injury to somebody he/she had never met. Can you imagine the influx of litigation from every Tom, Dick and Harry trying to make a quick buck!
The law requires that there is "proximity" between two parties for there to be any liability, in other words somebody would have to show that there was a relationship between the forum operator and themselves which made it reasonable for them to rely on something that was said/done.
That all sounds a bit boring, and it is, but in the hands of a judge it means that there is no way that you would be held liable in any case of injury, purely on the basis of this site.
It has been said many times that the purpose of most disclaimers is to discourage legal action in the first place. In reality, they have little legal impact.
As a forum user I don't think it really has any negative effects, I won't have to read it every time I sign on or anything....
alexmaclennan
23-11-07, 23:51
f) These asterisks are depriving me of the profanity which I signed up for. I don't feel I am getting my monies worth .........
:D :D :D
alex