質問
I'm running a flash based gaming website. There are some services on the website accessible to users without a registration. How can I legally bind users to my terms and conditions and protect myself if they don't register?
回答: 2 public & 0 非公開
Listen to yourself, if in the realworld you walked into the door of an unmarked gambling hall, are you suddenly bound by anything which is enforceable by law? The basic truism of a contract is that there must be a meeting of minds. Now if you were part of a web-ring and you were doing convention gaming activities and the user was a regular participant on other sites then you can ask on grounds of expected and habitual trade/business practices but if the user was an underage newbie who'd lost their shirt, the courts tend to take the side of the less powerful in any dispute. The classic contract of adhesion case was a sign BEHIND a hotel door with some rather stringent clauses which the judge held not to be a contract.
Is it really that hard to point out via random popup that people can play anonymously but get extra benefits with registration (along with click-thru acceptance) and protect your own back? Paint it as positive, not a drag.
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