Comment on TikTok requires users to “forever waive” rights to sue over past harms

Jackcooper@lemmy.world ⁨9⁩ ⁨months⁩ ago

• OldWoodFrame@lemm.ee ⁨9⁩ ⁨months⁩ ago

  If it’s not illegal to add, the only risk is bad press coverage, and it might prevent someone from suing in the first place because they don’t know their rights.

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  • Djtecha@lemm.ee ⁨9⁩ ⁨months⁩ ago

    Except in several states if any of the contract is invalid it all is.

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    • NateNate60@lemmy.world ⁨9⁩ ⁨months⁩ ago

      In the United States where TikTok is based, contracts can include “severability clauses” that state that in the event any part of the contract is deemed unenforceable, the other parts are still good

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      • 520@kbin.social ⁨9⁩ ⁨months⁩ ago

        Uhhh tiktok is based in China

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    • lhx@lemmy.world ⁨9⁩ ⁨months⁩ ago

      That’s not a common thing in American contracts. Severability clauses take care of that.

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    • ripcord@kbin.social ⁨9⁩ ⁨months⁩ ago

      Is that true? I can't find any source for it, except very specific cases where the language and contents of the contract matter.

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      • jeansburger@lemmy.world ⁨9⁩ ⁨months⁩ ago

        IANAL; However Usually the contracts have a severability clause, meaning even if some parts of that contract are null and void the rest of it stands minus the parts that are illegal. Does that mean those clauses are also null and void depending on locality? Again IANAL, but I believe it’s pretty settled contract law at least in the US.

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  • NateNate60@lemmy.world ⁨9⁩ ⁨months⁩ ago

    We need legislation to fix this. Something like “should a contract drafted by a lawyer include clauses that they knew or should have known to be unenforceable or void, the entire contract shall be unenforceable by the drafting party”

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• toned_chupacabra@lemm.ee ⁨9⁩ ⁨months⁩ ago

  Because sooner or later, some judge will decide it is enforceable.

  Plus it serves as a deterrent for some from even filing a suit with the risk of it getting thrown out and them out thousands of dollars in legal fees.

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• Colorcodedresistor@lemm.ee ⁨9⁩ ⁨months⁩ ago

  to cover their asses. It’s like seizure warnings on video games. it should go without saying but. sadly…it has to be said. if a case does arise judges usually create a ‘quasi’ contract that’s usually modified to be fairer for both parties.

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• UnityDevice@startrek.website ⁨9⁩ ⁨months⁩ ago

  I’m guessing this might be a pre-emptive response to all the Snapchat lawsuits. Basically, parents are suing Snapchat because their kids talked to drug dealers using it.

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• AlwaysNowNeverNotMe@kbin.social ⁨9⁩ ⁨months⁩ ago

  Because enough people will read it without consulting a lawyer and never do so that pays for itself before the inks dry.

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